Apprenticeships, Skills, Children and Learning Bill

Yes. I did say so. Section 15ZA(4), inserted by Clause 40, already sets out that local authorities must act with a view to encouraging diversity in the education and training available to persons and to take account of education and training whose provision might be secured elsewhere. This is the very essence of the amendment tabled by the noble Lord, Lord Lucas. We will not accept any limitation of learner choice as a result of these changes. It will not be sufficient for a local authority to commission all its provision from one type of institution, even if that were possible. While there are many excellent colleges and school sixth forms in almost every local authority area, it is hard to see that any local authority would be able to meet its duties in new Section 15ZA and fulfil the needs of all its 16-19, or 19-25 year-old, population from commissioning provision just within its boundaries or from one type of provider. For learners who cross the Scottish or Welsh border, the national commissioning framework, issued by the YPLA, will include guidance in relation to these learners and will be clear that commissioning should focus on the needs of the learner and be based on participation, rather than where learners are resident. The 43 sub-regional groupings, reflecting young people’s travel-to-learn patterns, will work to ensure local authorities meet the diverse needs of young people in their area and increase opportunities for young people to exercise choice. We believe that the funding should follow the learner. This brings me on to Amendment 103. New Section 15ZB of the Education Act 1996, inserted by Clause 40 of the Bill, requires local authorities to co-operate with each other when securing suitable education and training for young people, and young adults subject to a learning difficulty assessment. This duty underpins the establishment of sub-regional groupings, and beyond. These arrangements will be key to ensuring that commissioning reflects the travel-to-learn patterns of young people. The noble Lords’ amendment would require co-operation arrangements to be agreed with the Secretary of State. The formation of sub-regional groupings is predominantly a local decision, as local authorities are best placed to identify how they can best serve their learners. That said, there has already been a degree of national oversight. The formal governance and operational arrangements of the 43 sub-regional groups were assessed by a national panel drawn from key stakeholders inside and outside government, including the Association of Colleges and the Local Government Association. These sub-regional groupings have come together of their own volition because they see the necessity of so doing. They understand that significant numbers of young people seek their education outside their authorities. Therefore, this process is building on what already happens as it recognises the benefits of that. We do not anticipate changes in the membership or governance arrangements of the sub-regional groups as it is important to ensure stability in the planning process. However, there may be circumstances when a sub-regional group needs to reassess its membership. The Young People’s Learning Agency, whose primary aim is to support local authorities, will be well placed to assist with any review. This is not to say that the Secretary of State will not have an interest in how local authorities perform their new functions. Where co-operation between local authorities breaks down, to the extent that one or more of the local authorities within a particular sub-regional grouping may not be able to fulfil their duties in new Section 15ZA, we have provided through Clause 65 for the YPLA to intervene to secure the provision of education and training. These are reserve powers which we expect to be used only in extremis, as was the case with the LSC, but before that occurs, Clause 65(4) specifically requires the YPLA to consult the Secretary of State. Any intervention under this provision would have to be in line with its intervention policy statement made under Clause 71, which will have been approved by the Secretary of State. I shall try to cover the points raised by noble Lords. I say to the noble Lord, Lord Lucas, that local authorities will not determine what provision colleges will make. As regards 14-19 partnerships, the local authority as strategic leader and the providers as the curriculum and professional experts will come together to determine jointly the offer to young people. I think that the noble Baroness, Lady Sharp, asked about the mismatch between plans, funding and actual recruitment. Informed plans will be produced for the commissioning process which takes place by March of each year, although I cannot see the precise date. Recruitment will happen in September. Given that funding follows learner choice, money will flow to the colleges where learners turn up; there might have to be a reconciliation process, but we are clear about that. I think that I have answered the question about the Scottish and Welsh cross-borders issue. I have found my note on catchment areas; no FE college or sixth form will have a catchment area. I am reliably informed that none will be imposed by the Government, the YPLA or the local authority. It is completely up to the college as an independent institution. I hope that that lays that issue to rest. The noble Baroness, Lady Perry, felt that new subsection (4)(d) in Clause 40, in relation to other persons, was negative and controlling. We do not see it in that light; it is not a negative power. It is about ensuring that local authorities take account of provisions secured by others—for example, they include: the chief executive of the Skills Funding Agency securing apprenticeships for 16 to 19 year-olds; private training providers; and young people travelling across local authority boundaries. Young people need to have choice—an argument which I know the noble Baroness endorses. This is not about control, but accountability and choice. I believe that I have answered most of the points raised by noble Lords. In conclusion, I reiterate our belief that, first, by ensuring that funding follows the learner and, secondly, by ensuring that there is a collaborative process, the independence of colleges will be sustained. It is not just a local authority which determines of its own volition; it will have to do this in consultation with colleges. It is important to offer young people choice, the ability to cross boundaries—described by the noble Lord, Lord Baker, in relation to London—or even to travel more widely to national specialist colleges, if they wish to attend them. We are firmly committed to that choice and to sustaining the independence of colleges in an environment where we have devolved funding to local authorities. I hope that on the basis of those assurances noble Lords will be prepared to withdraw or not move their amendments.