Apprenticeships, Skills, Children and Learning Bill

Together, Amendments 112 and 113 place a duty on local authorities to secure boarding provision for learners with a learning difficulty assessment, where sufficient and adequate facilities cannot be secured unless boarding education is also secured. I thank the noble Baroness, Lady Sharp, for again introducing an interesting issue. I am grateful for the opportunity to place on record our appreciation for the valuable role played by independent specialist colleges in providing education for learners, often with very specific needs and requirements. Some learners relish the independence and confidence provided by living away from home. This can be an important step to independent living. It is essential that this type of provision continues to be available where it is needed, and that both national and local commissioning processes are centred on the needs of learners. Local authorities will need to work in partnership with specialist providers to ensure that they are involved in planning and commissioning discussions. There are particular benefits to be gained from this, as these colleges often have particular skills that it would be beneficial to share with other colleges and learning providers. This outward-facing approach is one that both we and the Local Government Association are keen to promote. We will ensure that the benefits of these types of arrangement are reflected in the national commissioning framework. We are working with specialist colleges nationally, through the Association of National Specialist Colleges, to develop arrangements that recognise that independent specialist colleges will often work across local authority boundaries and nationally. I absolutely endorse the point made by the noble Lord, Lord Baker, about the expensive nature of these provisions. One could certainly not expect every local authority to provide them within their own boundaries—which is why we have to ensure the ability of young people to go across local authority boundaries and, in some cases, nationally as well, because that is where the facility exists. On the question of the specialist FE colleges, for example, some might do boarding; in others, students might stay out in local hostels or hotels. I think there are a variety of arrangements. I have met a number of apprentices who have been involved in this: it certainly does not just apply to people with learning disabilities. It is likely that the Young People’s Learning Agency will act in a brokerage role for an interim period to allow local authorities to build up their expertise in this area. I understand that some colleges have concerns about the specific working of Clause 45, and here is where I want to place on record the point that the noble Baroness, Lady Sharp, raised. I would like to reassure the colleges and the noble Baroness on this point: Clause 45 needs to be read in conjunction with Clause 40. Clause 40 places local authorities under a firm duty to secure enough suitable education and training to meet the reasonable needs of all young people aged 16 to 19, and those aged 19 to 25 who are subject to learning difficulty assessment. In deciding whether the education or training is suitable to meet a person’s reasonable needs, the local authority must—note the word "must"—have regard to a number of considerations, including any learning difficulties that persons in their area may have. Therefore, the overriding duty and the "must" is in Clause 40. Clause 45 clarifies that, where appropriate, local authorities may deliver this overriding duty through the provision of boarding accommodation. This approach is exactly parallel with the requirements in pre-16 education and boarding provision, where the local authority has a clear duty to provide education and the legislation makes it clear that the local authority may fulfil this duty by providing boarding provision where suitable education cannot be provided without it. I trust that, with those assurances on the record, the noble Baroness will feel able to withdraw the amendment.