Apprenticeships, Skills, Children and Learning Bill

Last year, I took the Housing and Regeneration Bill through the House, and the appointment of the chief executive of the Homes and Communities Agency was almost entirely—word for word—consistent with the approach in the Bill. We are clear that that will not affect the clear lines of ministerial responsibility for the YPLA. The Secretary of State, through his remit letter to the YPLA, will set out the tasks that it must perform, including any necessary operational details, and the YPLA will be accountable to the Secretary of State, and hence to Parliament, for its performance and management. Its funding will be accounted for in the Department's expenditure plans. Under clause 75, the Secretary of State can give directions to the YPLA. We had included a requirement for the YPLA, the Skills Funding Agency and local authorities to avoid provision that might give rise to disproportionate expenditure. Concerns were raised in another place that that could result in higher cost provision for learners with special needs no longer being made available—a possible get-out clause. That was never our intention. To minimise such concerns, we have removed the phrase ““disproportionate expenditure””. However, it is important to point out that we still expect those bodies to make the best use of their resources. Local authorities are already subject to best value duties under the Local Government Act 1999. The YPLA and the chief executive of the Skills Funding Agency are still required by the Bill to make the best use of their resources. Lords amendment 41 introduces a requirement to consult governing bodies and other relevant parties before a local authority exercises its power to direct a college to take a named individual. I must stress that that is not a new power, but an existing power, which the Learning and Skills Council already has. The amendment would make explicit in the Bill the need for local authorities not to force through their wishes without consideration for governing bodies, but to consult any relevant colleges. Although the majority of young people will find a suitable place to study further education with relative ease, we must ensure that local authorities have the tools and levers at their disposal to support the minority of young people who may struggle to find a suitable place of learning where they can thrive and achieve. In exercising that power, local authorities will be required to have regard to any guidance provided by the Secretary of State. We imagine that such a power would be used only in exceptional circumstances, and only once a young person, supported by independent advice and guidance, often through the local Connexions service, has exhausted all the available options. The amendment is particularly important to enable local authorities to support some of our more vulnerable groups of young people, such as ex-offenders, children in care or care leavers, who often face additional barriers to participation, to find a place to continue their education. The powers are particularly relevant and necessary in the context of the historic legislation to raise the participation age. We want to ensure that no young person is disadvantaged and considered in default of their statutory duties just because they have been unable to find a suitable learning place. We believe that the change brought about by the amendment, which reflects what we would expect local authorities to do anyway, will help to reassure colleges about the use of that power. Sixth-form colleges are some of our most successful educational institutions, popular with pupils and parents. I should like to mention Hartlepool sixth-form college, where I came from, which, in one of its first public acts since opening its new £24 million redevelopment, courtesy of Government money, played host on Friday evening to the BBC's ““Any Questions?”” and is a great example of the high-quality educational offer that sixth-form colleges can provide. The Bill will build on that success by creating a separate sixth-form college designation, enabling them to evolve as a sector. Lords amendment 182 reduces the period before a sixth-form college can redesignate as a further education college from five to two years. Lords amendments 181 and 183 to 186 create a requirement for local authorities and the YPLA to consult governing bodies before using their powers to appoint governors. Again, we always expected that that would happen. Although the creation of the new designation has been generally popular, we hope that the changes in the Lords amendments will help to reassure sixth-form colleges about the operation of the new arrangements, and in particular show our intention to preserve the autonomy of sixth-form college governing bodies. Lords amendments 34 to 37, 40, 42, 74, 77, 78, 81, 82, 116 and 117 are minor and technical changes to improve and clarify the drafting. I hope that I have fully explained the reasoning behind the Lords amendments.