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Amendments Nos. 211B and 211C, spoken to by the noble Baroness, Lady Sharp, are designed to introduce a duty on local authorities to arrange transport for disabled learners who attend further education institutions up to age 25. Amendment No. 211D would give local authorities the power to pay the reasonable travel expenses of such students. I will reflect further on the points made in the debate, but my advice is that local authorities already have such responsibilities. Under the Education Act 1996, as amended by the Education Act 2002, local authorities have a duty in relation to students in England aged 16 to 18 to prepare and publish a transport statement, specifying what arrangements for the provision of transport and of financial assistance they consider necessary to facilitate their attendance at schools and institutions of further education.

Section 509AB of the Act further states that, in preparing its statement, a local authority shall have regard to guidance issued by the Secretary of State. This guidance clearly states that,

“provision should also be made for students with learning difficulties and disabilities up to at least age 21, although local authorities should seriously consider extending this to age 25”.

That is the position in the guidance and under legislation, but I will further consider the points that have been raised and will read Hansard closely in respect of them.

Amendment No. 212, in the name of the noble Baroness, Lady Buscombe, seeks to transfer transport duties from local authorities to the Learning and Skills Council. We believe that splitting off to the LSE responsibility for transport support for 16 year-old to 19 year-old students in further education from the wider transport responsibilities held by local authorities would not be efficient or effective. Keeping them integrated within local authorities is probably a better way forward.

Baroness Sharp of Guildford: I am extremely grateful to the Minister for his response and for his promise to look again at these issues. We recognise that the guidance is there, but, clearly, many local authorities are not acting on the guidance and there is great variation between them in such provision. As I indicated, London

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gives young disabled people completely free travel and is, in that sense, very much an exemplar of a local authority; but in other authorities those young people cannot get any transport. If they are taking a course of study, some of them require transport. Some can access public transport, but some cannot do that and require transport arrangements to be made for them. It is vital that that is done.

Baroness Buscombe: I thank the Minister for his reply. I very much appreciate that the Minister is making strides in terms of transport provision and this is not an easy issue. While I am not wedded to the idea of splitting off responsibility for transport to the LSC, Amendment No. 212 was intended to be a probing amendment. We are examining all the waysin which we can support a robust, functional infrastructure that can support choice. Where there is inconsistency, that choice might be diminished. But I thank the Minister for his response and, for now, I beg leave to withdraw the amendment.

Amendment, by leave, withdrawn.

[Amendments Nos. 210A and 210B not moved.]

Clause 69 agreed to.

Clause 70 agreed to.

Schedule 8 [Travel to schools etc: meaning of “eligible child”]:

[Amendment No. 211 not moved.]

Schedule 8 agreed to.

Clause 71 agreed to.

Schedule 9 agreed to.

Clause 72 [Piloting of school travel scheme provisions]:

[Amendment No. 211A not moved.]

Clause 72 agreed to.

Clause 73 agreed to.

Clause 74 [LEAs in England: provision of transport etc for certain adult learners]:

[Amendments Nos. 211B to 211D not moved.]

Clause 74 agreed to.

Clause 75 agreed to.

Clause 76 [Learning and Skills Council for England: transport etc for persons of sixth form age]:

[Amendment No. 212 not moved.]

Clause 76 agreed to.

Clause 77 [LEAs in England: duty to have regard to religion or belief in exercise of travel functions]:

[Amendment No. 213 not moved.]

Clause 77 agreed to.

Clause 78 agreed to.

Schedule 10 [Further amendments relating to travel to schools etc]:

Lord Adonis moved Amendment No. 214:

Page 210, line 34, leave out sub-paragraphs (2) and (3) and insert-

“( ) In subsection (1) after “London local service” insert “nor a service which falls within subsection (1A) below”.

( ) After subsection (1) insert-

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“(1A) A service falls within this subsection if conditions A and B are satisfied in relation to it.

(1B) Condition A is satisfied if the service is provided in pursuance of-

(a) the obligation placed on a local education authority by section 508B(1), section 508F(1), section 509(1) or (1A), or section 509AA(7)(b) or (9)(a) of the EducationAct 1996 (provision of transport etc); (b) the exercise of the power of a local education authority under section 508C(1) of that Act; or (c) arrangements made by a local education authority in pursuance of a scheme made by them under Schedule 35C to that Act (school travel schemes).

(1C) Condition B is satisfied if the service is for the carriage of any of the following persons (and no other)-

(a) a person receiving education or training at premises to or from which transport is provided in pursuance of the obligation, the exercise of the power or the arrangements, as the case may be, mentioned in paragraph (a), (b) or (c) of subsection (1B); (b) a person supervising or escorting any such person while he is using such transport;

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(c) a person involved with the provision of education or training at any such premises.””

On Question, amendment agreed to.

Schedule 10, as amended, agreed to.

Baroness Crawley: I beg to move that the House do now resume.

Moved accordingly, and, on Question, Motion agreed to.

House resumed.

Commissioner for Older People (Wales) Bill [HL]

The Bill was returned from the Commons agreed to with a privilege amendment; the amendment was considered and agreed to.

House adjourned at a quarter past seven o’clock.

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