Clause 43

Part of Education and Skills Bill – in a Public Bill Committee am 2:15 pm ar 21 Chwefror 2008.

Danfonwch hysbysiad imi am ddadleuon fel hyn

Photo of Nick Gibb Nick Gibb Shadow Minister (Education) (Schools) 2:15, 21 Chwefror 2008

We support amendments Nos. 167 and 168, which were tabled by the hon. Member for Yeovil. The absence of guidance on the procedural rules of the attendance panel is an issue that I have already raised. That is a worry, so it is right to put such matters into primary legislation to ensure that the panel acts in accordance with the principles of natural justice.

As the hon. Gentleman said, under clause 46(6), a young person against whom proceedings are taken for failing to comply with an attendance notice must be invited to make representations to the attendance panel before proceedings begin. Why does the same right not apply when a young person appeals against the issuance of an attendance notice? Giving a young person the right to attend to give evidence at their own appeal is the right thing to do. We do not want the panels to become like the primary care trust appeal panels to which members of the public can appeal if they are refused funding for a particular treatment. The panels hear a raft of cases all on one day; they do not hear from the patients themselves. They read through the notes and reach a verdict. Decisions often take less than 15 minutes, but they can be a matter of life and death to some people. It is therefore important that the appeals panel can at least hear from the young person before it confirms the issuance of an attendance notice.