Group 5. Entitlement to IDPs (Amendments 29, 30, 31, 13, 33, 34, 35, 47)

Part of the debate – in the Senedd at 5:33 pm on 21 November 2017.

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Photo of Kirsty Williams Kirsty Williams Liberal Democrat 5:33, 21 November 2017

Thank you, Presiding Officer. Government amendments 29, 30, 31, 33, 34, 35 and 47 all relate to local authority decision on whether it is necessary to prepare or maintain an IDP. These are the decisions in section 12 on whether it is necessary to prepare and maintain a plan for a young person who is not in a school or further education institution in Wales; section 29 on whether it is no longer necessary to maintain a plan for a young person; and section 38 on whether it will be necessary for a plan to be maintained for a detained person, including a detained child, when the person is released.

The Bill currently provides for all these decisions to be taken in accordance with regulations. Amendments 29, 31, 33 and 35 bring those regulation powers together into one new section, which sets out the various matters that may be provided for in regulations. Amendment 47 makes a consequential adjustment to section 91, retaining the affirmative procedure for such regulations.

Decisions on whether a plan is necessary will, in many cases, relate to young people whose needs are such that they require specialist, often residential, post-16 placements. But they will also relate to young people and detained children whose circumstances are quite different and varied. It is important that the power is appropriate to deal fairly with the wide range of likely situations in which decisions must be taken about whether a plan is necessary, and the amendments ensure that that is the case.

If I could turn to other amendments in the group that have been tabled by opposition Members. I'm afraid to say that I do not support Darren Millar's amendment 13. The ALN system is intended to apply to children and young people, with young people defined as a person over compulsory school age but under 25. The Bill already provides for a significantly extended age range compared to those with statutory rights and protections under the current system. The Bill takes a reasonable and clear approach for the circumstances in which a learner with an IDP becomes 25. It requires local authorities and FEI governing bodies to continue to maintain the IDP until the end of the academic year during which the person reaches the age of 25. Amendment 13 seems, in effect, to provide for an indefinite extension in this regard, though only for learners in FEIs in Wales. It provides no upper age limit as to when a person might have an IDP, as it would seem to hinge on the length of the course the young person commences when under the age of 25 and when the person finishes it. This would extend the duties placed on FEIs and local authorities in a way that has not been discussed with these organisations nor costed.

The support for these learners could potentially be very expensive. Its inclusion in the Bill in this way at this late stage is not something that I could support. The new system is zero to 25, and the arrangements provided in the Bill are appropriate and reasonable in this context. To conclude, therefore, Presiding Officer, I urge Members to support the amendments tabled in my name, and to oppose amendment 13.