Apprenticeships, Skills, Children and Learning Bill: Persons detained in youth accommodation

David Burrowes takes part in a debate on sections of the bill aimed at providing for the education of young offenders. He calls on the Government to ensure that local authorities are given sufficient budget to provide ongoing support and education for a young offender both in custody and afterwards.

Mr. David Burrowes (Enfield, Southgate) (Con): Taking the issue of “best endeavours” further, is it not the case that such endeavours will count only when the local authority has the budget to deliver ongoing support and education for a young offender in custody? Does the Minister welcome the Youth Justice Board’s moves to provide full information on budgetary costs of the custody of young offenders in the home authority? Would not the next step be to look at devolving those custodial costs so that the home authority has sufficient budgets to be able to deliver when offenders are out of custody, in custody and after custody?

Sarah McCarthy-Fry: Under the Bill, the budget currently held by the Ministry of Justice, which is responsible for education in custody at the moment, will be transferred to local authorities, and detailed guidance will be issued on how it will work in practice.
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Mr. Burrowes: Does the Minister share the concern about constraints for home authorities in relation to the increasing distance between the home authority and the locations in which young people are housed in custodial establishments? Will she consider how the Bill squares with the decision of the Youth Justice Board to remove contracts in relation to secure children’s homes, which often house some of the most vulnerable young people? Indeed, in London, there will be no secure children’s home; the nearest is in Southampton.

Sarah McCarthy-Fry: Again, information sharing between home and host local authorities will be really important. I still maintain that bringing the education system back under the local authority so that it, as a body, rather than the Ministry of Justice, bears the responsibility between a child entering and leaving custody, means that that continuity is much more likely to be able to be maintained.

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Mr. Burrowes: On the requirement for notification when a young person has been subject to a detention order, will the Minister confirm that also included in that are situations where a young person is on remand and is not subject to any sentence of detention or training?

Sarah McCarthy-Fry: It is my understanding that that applies whenever a young person is within the secure estate, but if that is not correct I am sure that someone will correct me before we conclude our proceedings today.

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Mr. Burrowes: My hon. Friend has made a very good point. Given the indication that the statement of special educational needs would effectively be suspended, does he share my concern that not only does that change the duty of the home authority and puts the onus on the host authority but it takes away parents’ rights regarding statements? No longer will they be party to any reviews or appeals: they will be cut out of the process of SEN provision for their child while he or she is in custody. Does he share my concern that the Minister has not adequately thought through that loss of contact and representation for parents?

Mr. Stuart: My hon. Friend is quite right, and he has picked up a point made by the hon. Member for Wolverhampton, South-West (Rob Marris). It is ironic that we should consider these new clauses, which make no mention whatsoever of parents, on the very day on which the Prime Minister has declared that parent power should be the driving force to raise educational standards. That irony will not be lost on the Secretary of State who, in this particular regard, has failed his master. Perhaps he is about to catch up, and fall into step with him, and we will hear about that from the Minister at the Dispatch Box.