CODE OF PRACTICE (Hansard, 15 July 1998)

§ Mr. Byers
I beg to move, That this House doth agree with the Lords in the said amendment.

Mr. Deputy Speaker
With this, it will be convenient to discuss Lords amendments Nos. 95 to 107, 109, 110, 328 to 330 and 333 to 349.

§ Mr. Byers
Once again, many of the amendments in the group are technical, but I bring to the attention of the House one major new provision, which goes beyond the purely technical and has potentially significant implications.
Hon. Members will be aware that the Bill contains a new provision for dealing locally with admissions. It sets up an adjudicator who will decide between admissions authorities if there is any conflict about the way in which admissions procedures locally are to work. That will operate under the new code of practice, which will be submitted to the House some time in the new calendar year for debate and approval.
As the Bill stood when it went to the House of Lords, the only body that could refer a matter to do with admissions to the adjudicator was an admissions authority. When we originally drew up the Bill, I thought that that would be sufficient to protect the interests, in particular, of parents in the local area. If the responsibility rested with an admissions authority, the views and needs of parents could be reflected.
However, as a result of consultation and representations made, it became clear that parents should be given some mechanism and some route whereby an admissions policy affecting them locally might be referred for consideration by the adjudicator. The Bill as it went to the House of Lords did not provide that opportunity for parents to refer a matter to the adjudicator for consideration. With hindsight, I must say that that was an omission. The Lords agreed with a Government amendment that provides the power to parents to refer the admissions policies as they apply locally to—

§ Mrs. Browning
I am listening carefully to what the Minister is saying, which sounds like a good addition to the Bill, but what will the mechanism be? Parents often have rights in legislation, but they are not always informed of their rights. If parents are to be given the right to refer an admissions decision to an adjudicator, can the Minister 488 assure the House that, when the LEA or other body informs the parents of that admissions decision, it will be incumbent on that body to inform the parents in the same document of their right to appeal to an adjudicator, so that that information is fairly disseminated?

§ Mr. Byers
I am not unsympathetic to that approach, but I want to go away and consider the mechanics whereby we can ensure that parents locally are made aware of the new power that we intend to give them through these amendments. I am sympathetic to the hon. Lady's point, but I am not sure whether it should be the responsibility of the admissions authority or whether there may be some other way in which parents can be made aware of the new power. I shall go away and consider what might be the best way forward.

§ Mrs. Browning
I am grateful to the hon. Gentleman. When people apply for a benefit or grant through the Benefits Agency and their application is turned down, it is usual for them to be informed at that time of their right of appeal and the mechanism and time scale involved. The formula that is already used by other Departments could be used by LEAs.

§ Mr. Byers
As the hon. Lady will know, it must be in the guidance on procedures for Ministers that we never agree automatically to something that is raised in debate, even though it may seem to have great merit. I have a great deal of sympathy with the overall approach of informing parents of their right. I want to reflect on whether the mechanism that the hon. Lady outlined would be the best. I shall give proper consideration to how we might make the information available to parents so that they can exercise a new right.
That is the main item of substance in this group of Lords amendments. The remainder are effectively technical amendments. I commend them to the House, including the amendment giving parents a new power to refer admissions policies to the adjudicator. I ask the House to agree with the Lords amendment.