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Apprenticeships, Skills, Children and Learning Bill

My noble friend Lord Elton has raised another well considered probing point, and I look forward to hearing the Minister’s response. Clause 43, through its insertion of new Section 51A into the Further and Higher Education Act 1992, creates the power for a local education authority to require an institution to provide an education for a named individual. I expect that such a power will be used as a last resort—I cannot imagine that any of us want to see the power being used. Far better to reach a situation where all parties—institution, individual and LEA—are content with the position. However, I accept the argument that from time to time this power might be needed. The attraction of my noble friend’s amendment, were it to be adopted, would be to make sure that an LEA looked after its own. It could not despatch a problem individual across an authority boundary and wash its hands of him. We do not want to see a scenario where the individual is shunted from pillar to post as LEAs squabble over who should do what. However, it would be useful to have flexibility in this matter, because it may be that the most suitable institution to provide the education is across an LEA boundary. In that case, it would be petty bureaucracy of the worst kind to deny the person a fresh start because the money and the order-making power cannot cross the invisible line that exists only on departmental maps. My noble friend is right to ask how the matter of money will be settled. Who will pay—and who ought to pay? If a cash-strapped LEA sends an individual to another area that has both places and resources, should the latter not make a contribution? Or could the second area, with some justification, argue that the problem was none of its concern, thank you very much? This is a question about bureaucracy: the principles are not being questioned, but rather how it will work in practice. If the Minister were able to give some examples of problems that he and his officials have foreseen, and the solutions that they have devised, we might be much happier to accept the clause.