Group 7. The Education Tribunal (Amendments 11, 19, 20, 42, 46, 21)

Part of the debate – in the Senedd at 5:57 pm on 21 November 2017.

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Photo of Kirsty Williams Kirsty Williams Liberal Democrat 5:57, 21 November 2017

I'm afraid I cannot support amendments 11, 19, 20 and 21. Generally speaking, in relation to Darren Millar's amendments 11, 19 and 20, they seek to undermine the position that we have reached in terms of the remit of the tribunal when it comes to the NHS. The Government has been very clear on its position here. We have listened very carefully to the views of the Children, Young People and Education Committee and of stakeholders during scrutiny of the Bill, and I believe that we have responded positively. 

Indeed, if one looks at the draft Bill, there has been considerable movement from the provisions with regard to the NHS in the draft Bill to what we have before us today. That has been fairly recognised, I think, by both Darren and Llyr in their contributions.

The amendments agreed at Stage 2 around the tribunal making recommendations on NHS bodies and the NHS having to report back to the tribunal will have a positive impact and have been welcomed very much by the president of the tribunal. They introduce a new level of scrutiny of the actions of NHS bodies and that is to be welcomed. The president has noted that the Stage 2 amendments, taken alongside those made to section 73 of the Bill on non-compliance with tribunal orders, will—and I quote—'give a real insight into what happens after the tribunal has made its order.'

The Government’s amendment 42, which I’ll come on to, is of direct relevance here. The Government has listened to members of the committee and has moved to ensure that the NHS has a full and proper role during all key stages of the new system, including during and following appeals to the tribunal. 

With that in mind, it is worth mentioning section 18, which does not exist in the current system and represents a significant strengthening of the role of the NHS. It requires that an NHS body, when it receives a referral, considers whether there is a relevant treatment or service that is likely to be of benefit in addressing the child or young person’s ALN. If the NHS body identifies such a treatment or service, it must secure it.