Apprenticeships, Skills, Children and Learning Bill

My Lords, I shall also speak to government Amendments 136D, 136E, 140A, 140B, 143A and 143B, as well as Amendments 137 to 142A—just in case we were not sure where we were. This is an important debate about the transport duties in the Bill and earlier legislation, which seek to ensure that adequate transport support is made available for 19 to 24 year-olds with learning difficulties and disabilities. The noble Lord, Lord Low, will know well, as I am sure he will remind us in a few moments, that steps are already being taken to improve transport arrangements. Indeed, we are very grateful for the work that he and his charities have done to support us in bringing forward these measures today. I am speaking in particular about the new requirement in Clause 55 for local authorities to produce a policy statement setting out the transport arrangements available to learners with learning difficulties and disabilities. We need to ensure that local authorities are absolutely clear about their responsibilities and provide adequate transport support. Therefore, we are looking carefully at whether statutory guidance is needed in respect of Clause 55. Without pre-empting what I am sure others will want to say, I am happy to commit to returning to this issue on Report. I should like to put on record my thanks in particular to the noble Lord, Lord Low, and to Skill for their contribution to our work in this area. I am pleased with the progress that we have been able to make. On Amendment 142, of course young people aged 19 to 24 with learning difficulties and disabilities should have the right to complain about transport arrangements, as their peers do. As noble Lords will be aware, my honourable friend Sarah McCarthy-Fry agreed to look again at complaints provisions during the consideration of the Bill in another place. Having listened to the representations, in particular from the noble Lord, Lord Low, and the noble Baroness, Lady Sharp, I am pleased to inform the Committee that we are moving these government amendments to achieve the aim set out in Amendment 142. This will ensure that all young people have a voice in local transport arrangements and that local authorities will have the information that they need to make sure that transport arrangements meet young people’s needs. I understand that there are concerns that there should be a link between Clause 40, which we have already debated, and Clause 55 so that transport and the commissioning of educational provision are not considered independently. I wholeheartedly support that view. I reassure the Committee that the national commissioning framework issued under Clause 40 will specify that local authorities must consider transport arrangements in carrying out their new commissioning functions. Any guidance issued under Clause 55 would also make this link clear. We are exploring how to make a more explicit link in the legislation. We will keep the Committee updated and come back to this on Report. I understand the sentiments behind Amendments 139, 141 and 142A. I hope that noble Lords will agree that the right balance can be struck between national requirements and local discretion to manage the new transport arrangements; indeed, we discussed this a little earlier in Committee. I understand that noble Lords’ intentions are good, but it is an important principle that local authorities should have responsibility to plan local transport provision. At the same time, accountability in the planning and execution of that provision is vital. That is why the Secretary of State already has power under the existing sixth-form transport duty and under Sections 496 and 497 of the Education Act 1996 to direct a local authority to review its policy or to make additional transport provision if necessary. I would prefer to draw on these existing provisions rather than to create new provisions to ensure that local authorities are accountable for local transport arrangements. Over the years, there has been some refinement of transport provisions. One thing that we are trying to do in this Bill by re-enacting the adult transport duty is to make clear what the entitlements are. It is good to be clear and straightforward on the face of the Bill if we can. The other government amendments—I will not bore your Lordships with all the numbers—are technical amendments to make minor drafting changes to Clause 54 to support the major government amendment, Amendment 140B. I hope that noble Lords will appreciate that we have listened carefully to the concerns of those with learning difficulties and disabilities. We are working hard to ensure that, through introducing the new complaints procedure and coming back on Report with further developments, noble Lords will be comfortable with this approach.