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Apprenticeships, Skills, Children and Learning Bill

I thank the noble Lord for that helpful recommendation; I shall take it back to the department and ensure that it is taken up. Perhaps I may be clear. Clauses 49 and 50 will ensure that the home authority is made aware when a person leaves custody and that it is alerted to any special educational needs that have been identified in custody. This is important because of young people coming into custody who have not had a statement, and noble Lords have raised concerns about this. When special educational needs are identified, this needs to be communicated to help ensure that the young person’s needs are picked up when they get back to their home community. I should also reassure the House that the power for a local authority in England to arrange learning difficulties assessment under Section 139A of the Learning and Skills Act 2000 still applies to those in juvenile custody, as it does in the community, and the local authority is already required to have regard to guidance issued under Section 139A(7). That is an important additional safeguard. In Wales, the power for Welsh Ministers to arrange an assessment under Section 140 will still apply. Amendment 132 would require the special educational provision set out in part 3 of a person’s statement to be fully met in juvenile custody. I fully appreciate the motivation behind this amendment. As far as possible, we want to ensure that the special educational needs of all young people in custody are met—I say that clearly on the record—and then properly picked up on their release. At the same time, we cannot set local authorities up to fail, and we must take account of the practicalities of an ever-changing population in custody. A statement of special educational needs, in particular part 3, details the individual requirements and support that a young person must receive, including, for example, provision which was made off-site from their school—such as a day a week at the local FE college, or the delivery of particular programmes of behaviour support offered by external providers. This is a very particular part of the statement. My concern about that part is that I do not want to set the system up to fail; but the spirit of what that statement is trying to achieve is absolutely key. I do not wish to undermine that in any way nor create any ambiguity about its importance. In many cases, we expect that it will be appropriate to deliver the support set out in part 3 in juvenile custody. In young offender institutions, for example, learning support assistants are already employed to provide one-to-one support. To ensure the right provision is made, we are placing a duty on host authorities to use their best endeavours to make appropriate special educational provision while the young person is in custody. In most cases—I say that carefully—we expect that this will be the provision specified in part 3 of the person’s statement or provision as close as is practicable to it. However, in some cases, it may be that the provision specified in the statement is no longer entirely appropriate. A specific duty simply to deliver what is in part 3 of a person’s statement would require the authority to deliver this support from the first day of the person’s sentence or period of secure remand. For some young people with highly specialised needs requiring particular specialist support, this will be impractical because that provision may need to be specifically procured and commissioned. It may not always be desirable because, for example, the priority to participate in drug detoxification or behavioural programmes might be more important at the very start.