My hon. Friend raises an important point. I think later legal advice shows that the issue is more nuanced than that, and it might be possible to legislate even while we remain subject to the EU directive. I very much hope that we can take that forward when an opportunity arises.
Last year, sixth-form colleges raised concerns about the creation of new 16-to-19 free schools and the approvals process for academies to create new sixth-form provision. We have listened to those concerns and strengthened the criteria we use to assess new sixth-form proposals. For all schools that apply to open a sixth form, we have set a clear requirement that all local sixth-form and FE colleges must be consulted prior to a business case being submitted. Furthermore, during the last free school application wave, we were explicit that all applications for new 16-to-19 provision must provide evidence of
need for additional places in the area, and that any request is likely to be approved by exception only. In the guidance for wave 14, which we published recently, this requirement was strengthened further.
I conclude as I began: by paying tribute to the excellent academic achievements of Catholic sixth-form colleges and their support for improving social mobility among students from disadvantaged backgrounds. I recognise that such colleges have particularly felt the tightening financial circumstances, despite our protection of the base rate of funding. The issue of academisation is significant for the sector.
I echo the sentiments of the Minister for Apprenticeships and Skills when she spoke at the winter conference of the Sixth Form Colleges Association in January. As we prepare for the spending review, explaining the issues through opportunities such as this debate will help provide strong arguments for the sector. More importantly, the continued delivery of excellent education and strong pastoral support and guidance will be the best advert for further investment in Catholic sixth-form colleges and all colleges in this important and high-performing sector.
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