My hon. Friend the Member for Blackpool, South seeks to amend the clause to extend the duty on local education authorities to arrange for learning difficulty assessments to be conducted so that all young people who appear to an authority to have a learning difficulty, whether or not they have had a statement of special educational needs, are assessed. The extended duty would apply to young people who are in their last year of compulsory schooling or who are over this age but not yet 25 and are expected to undertake further education, training or higher education.

I congratulate my hon. Friend on consistently championing the cause of young people with special educational needs. Earlier this month at departmental questions, he pressed my ministerial colleagues and me on what more could be done to improve provision for young people over the age of 16 with special educational needs. I understand that the amendment is supported by the Special Education Consortium.

As I set out in an earlier discussion, I do not think that it is in the best interests of all young people with learning difficulties to put them through a formal assessment automatically, when one might not be necessary. Obviously, I will reflect on what my hon. Friend has been saying and discuss it with ministerial colleagues. We do not want the two-tierism that he and some others fear in which different individuals get different treatment.

Children who are the subject of a statement of special educational needs have the most severe and complex needs. Therefore, it is right that the local authority has a duty to carry out a learning difficulty assessment when they leave school if they are moving into further education, training or higher education. However, even though young people with learning difficulties but without an SEN statement are not covered by the duty, the local authority has the power to arrange for such a assessment. There will be many instances in which it will be appropriate for such young people to receive an assessment, and where a young person would clearly benefit, the local authority would be expected to arrange for an assessment using that power.

Local authorities could be legally challenged if there is an unreasonable failure to exercise the power to arrange for an assessment that the clause gives them. We will issue statutory guidance to support local authorities in their decision making in this area. In effect, we will have something that feels a lot like a duty and a power but is judged on a case-by-case basis and with the sort of flexibility that some hon. Members on the Committee would want. I do not believe that it is right that we should compel assessment for every person. It is right that we should take a case-by-case approach.

On the basis of what I have said and my promise to continue to listen to the arguments and discuss them with my noble Friend Lord Adonis, who is responsible for such matters within the Department, I hope that my hon. Friend will withdraw his amendment.