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Lord Davies of Oldham: My Lords, the noble Lord, Lord Lucas, suggested that we adjourn at 11 o'clock, but he spoke until five minutes past 11, so that is the end of that proposition. I can go some considerable time past 11. Lest he think that we have no intention of sustaining our commitment to the Bill this evening, I reassure him that I can call up demons from the deep, which will come at any hour of the morning.

Let us ensure that we concentrate on the amendment. Of course I share entirely the sentiments expressed on all sides of the House that transport for students in further education is an extremely important matter. I agree with the noble Baroness, Lady Blatch, that transport cannot be the be-all and end-all for the obvious reason, as she rightly says, that

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there is no point in offering transport support to students when there are no buses or trains to catch and when they cannot avail themselves of such transport.

Baroness Blatch: My Lords, it would be perfect if transport were laid on. I am saying that public transport is often not available even if students could afford the fares.

Lord Davies of Oldham: My Lords, that merely reinforces my next point that the amendment does not draw a distinction as to which students are to be supported. The mind boggles at the concept of every student at a further education college being provided with subsidised transport. The figures would be astronomically high, as the noble Lord, Lord Lucas, suggested. It would mean that every other support that one wanted to provide in further education would have to give way to the one priority of transport. Although transport is important, it is not the only factor that deters students from participating in further education.

A few years ago I knew a student who cycled 12 miles to a Lincolnshire college. There was little in the way of public transport for him to use, so he would have been much better supported in other ways. He came from a poor family with limited access to resources, so buying the materials required for his course was his main problem. He did not have transport problems; he was prepared to get on his bike, starting at 7.30 in the morning and cycling home at night.

We cannot pretend that transport support would be the panacea for all issues regarding further education. I agree with the noble Baroness, Lady Sharp, that transport is an important feature, which is why we are making constructive proposals, but the noble Baroness, Lady Blatch, hinted at the point that it is not clear whether the amendment would take the place of existing provision for students under the age of 16.

There is a statutory entitlement for such students to be provided with transport. I assure the House that we recognise the obligations of ensuring that such provision also obtains for post-14 students on the new courses who are not attending school but who go to a place of work or training and which may meet the same requirements of being more than three miles from their home. We shall ensure that they get the same support as if they were attending school.

We want to ensure that additional help is given to students in the 16 to 19 group. The noble Baroness, Lady Sharp, will recognise that the amendment has an unlimited dimension, which makes it impossible to quantify and I shudder to think of the resources that it would require. We intend to develop additional opportunities for support for students in further education in the 16 to 19 group.

Clause 193 and Schedule 19 are designed to ensure that the needs of students of sixth-form age in further education are met effectively. They require LEAs, colleges and others to work together on developing local policies and delivery. Both have learner support

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funding to help with this. Clause 193 and Schedule 19 were developed to get LEAs and colleges to work together in developing more effective arrangements where their interests overlap. That is where the independent research recommends that we concentrate our efforts. The research has also shown that a key problem for students has been the lack of information about transport support and services available in their area, and we intend to improve the quality of information provided.

In addition, there will be a duty on the LEA to ensure that the provision or support as set out in the statement is actually provided. Most importantly, the schedule will help to ensure that no student is prevented from following further education because he or she cannot access or afford transport. Students have an element of choice in the courses that they follow and the institution that they attend—a point referred to by the noble Lord, Lord Lucas, in terms of whether they might necessarily go to the nearest college when the appropriate course might be at a more distant institution. Students are supported, where necessary, in travelling to courses beyond their local area. LEAs take account of the costs involved and any alternatives, such as residential provision or other modes of transport where these would be more effective.

The overall effects of these requirements would be considerably to strengthen the obligation on LEAs in respect of transport for 16 to 19 year-olds. If a further education transport policy was completely ineffectual, the Secretary of State could use her powers of direction.

Most transport support for students over 19 is provided by learning and skills council funded colleges and by other institutions, rather than by LEAs. So we have to address ourselves more widely than issues relating to LEAs.

We are currently reviewing arrangements for funding adult learners. The review will include transport as part of the range of support available for adults in a variety of learning contexts. We shall consider whether and what changes are necessary to transport arrangements for adults when this work is completed. We should not wish to change arrangements in a piecemeal fashion.

I can give the noble Baroness, Lady Sharp, an assurance that we are mindful of the needs of older students. She is right to refer to them in her amendment. However, she will recognise that the way in which the amendment is drafted lays an unconfined obligation on the Government of staggering proportions in terms of public cost.

I hope that my response will satisfy the noble Baroness, Lady Sharp. The amendment, depending on how it is intended to operate, would either create financial commitments and confusion of responsibilities for students of 19 and over, or a duplication of requirements and confusion for students between 15 and 19, and it is not compatible with the work that is currently in progress for reviewing student support for older students.

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I can assure the noble Baroness that we shall continue to monitor the effects of arrangements for students of all ages. It is not that we are not very much seized of the fact that transport is an important dimension on restricting access to further education and of the fact that it needs to be tackled. But this amendment goes further than we are able to accept. I hope that the noble Baroness will recognise the objectives that we have in common, and the fact that the Government are following a strategy which will improve the position, and that she will feel able to withdraw the amendment.

Baroness Sharp of Guildford: My Lords, I thank the Minister for his reply. I must say that it was quite tempting to press the amendment and to see whether we were in fact keeping a House. However, I think that many of us would like to see the back of the Bill rather than to pursue it again tomorrow.

I thank the Minister for his remarks, which clarify the position. One or two questions remain to be pursued a little further. For example, he spoke about LEAs and colleges working together to provide a more effective transport system for 16 to 19 year-olds. There are problems, particularly in rural areas, where no transport is available. I very much hope that if the yellow bus school transport gets off the ground and develops further, we shall see it being used across different forms of educational provision; it might be the most suitable.

Also, while there is clearly an obligation for 14 to 16 year-olds who are going to work-based learning, they could have problems accessing that work-based learning. Some thought may have to be given to that.

We shall look carefully at what the Minister has said. For the moment, I beg leave to withdraw the amendment.

Amendment, by leave, withdrawn.

11.15 p.m.

Baroness Blatch moved Amendment No. 129:


    After Clause 195, insert the following new clause—


"DRUGS AND ALCOHOL POLICIES
(1) The governors of every maintained school shall determine the drugs and alcohol policy for that school.
(2) A school's drugs and alcohol policy shall provide that where a head teacher takes disciplinary action against a pupil under the terms of the school's drugs and alcohol policy, the parent of the pupil concerned may appeal to that school's governing body.
(3) No appeal shall be made under subsection (2) save on procedural grounds.
(4) On such an appeal, the governing body may—
(a) confirm the head teacher's action,
(b) in the event of a procedural error on the part of the head teacher, invite the disciplinary case to be heard again, or
(c) direct the head teacher to take such other action as they consider appropriate in the circumstances.
(5) The head teacher shall comply with any directions of the governing body given under subsection (4)(b) or (c).
(6) The governing body shall notify the appellant and the head teacher in writing of their decision on such an appeal."

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The noble Baroness said: My Lords, the amendment returns to drugs policy. It is designed to support those schools that are battling against the dreaded scourge of drug and alcohol abuse. The Government should do everything possible to endorse and support the incredibly difficult work of head teachers who are battling with this issue.

There is a great deal of anxiety, pain and anguish ahead of the point at which someone is excluded from school. I am not talking about frivolous exclusions. Where that happens, the merits of the decision should be supported. If there have been procedural breaches on the way and the decision has to be considered null and void on procedural grounds, rather than the case simply being thrown out and a serious drug and/or alcohol abuser returning to school, undermining the authority of the head, there should be an opportunity to reconsider the case.

Whichever Minister responded in Committee—I do not remember which—asked why we should make an exception for drug and alcohol abuse. What about violence? I am prepared to table an amendment to include violence. We have an excess of streetwise young people who are making life hell for some schools, particularly for teachers and head teachers. It is our duty to do as much as we can to support those schools that are really battling and trying to address the problem. I hope that the Government will be sympathetic to the amendment. I beg to move.


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