Education and Skills Bill

House of Commons

Session 2007 - 08
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Other Bills before Parliament

Education and Skills Bill

Education and Skills Bill
Part 1 — Duty to participate in education or training: England
Chapter 3 — Employers
15

(c)
the person ceases to be resident in England;
(d)
the person attains a level 3 qualification.
27
Contravention of section 24 or 25: enforcement notice
(1)
This section applies where a person to whom this Part applies is employed
under a relevant contract of employment.
5
(2)
Where a relevant local education authority in England is satisfied that the
employer has contravened section 24 or 25, the authority may give the
employer a notice (an “enforcement notice”).
(3)
An enforcement notice means a notice requiring the employer to take such
steps as are specified in the notice.
10
(4)
The steps that may be specified in the notice are—
(a)
to offer to vary the terms and conditions of employment in the manner
specified in the notice;
(b)
to permit the employee to take time off during normal working time at
the times specified in the notice.
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(5)
But—
(a)
any variation specified under subsection (4)(a) must be a variation only
for the purpose of securing that normal working time does not include
any time when, in order to be able to participate in education or
training in accordance with appropriate arrangements notified to the
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employer under section 24(1)(b) or 25(1)(b), the employee needs to be
not at work;
(b)
any time specified under subsection (4)(b) must be a time when the
employee needs to be not at work in order to participate in education
or training in accordance with appropriate arrangements so notified to
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the employer;
(c)
in the case of an enforcement notice given in respect of a contravention
of section 25, any steps specified in the notice must be steps which it
would be reasonable for the employer to take having regard to the
matters mentioned in subsection (3) of that section.
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(6)
An enforcement notice must also specify—
(a)
the ground on which it is imposed, and
(b)
the consequences of failure to comply with any requirement imposed
by it.
(7)
Where an enforcement notice requires the employer to offer to vary the terms
35
and conditions of employment under subsection (4)(a)—
(a)
the employer must make the offer within the time specified in the
notice,
(b)
the employer’s offer must not be made directly or indirectly
conditional on the employee’s agreeing to any other variation of the
40
terms and conditions of employment, and
(c)
if the employee accepts the employer’s offer to vary the terms and
conditions of employment, those terms and conditions have effect
subject to the variation (but subject to any subsequent variation that
may be agreed between the employer and employee).
45

Education and Skills Bill
Part 1 — Duty to participate in education or training: England
Chapter 3 — Employers
16

(8)
Where an enforcement notice requires the employer, under subsection (4)(b),
to permit the employee to take time off at specified times during normal
working time, the enforcement notice remains in force until—
(a)
the last of the times so specified, or
(b)
if earlier, the termination of the contract of employment.
5
(9)
For the purposes of subsection (2), a local education authority is a relevant local
education authority in relation to a contract of employment under which a
person to whom this Part applies is employed if—
(a)
the person belongs to the authority’s area, or
(b)
the person’s place of work, or one of the places at which the person
10
works, under the contract is in the authority’s area.
(10)
In this section, “normal working time”, in relation to a contract of employment,
means any time when, in accordance with the contract, the employee is
required to be at work.
28
Financial penalty for non-compliance with enforcement notice given under
15
section 27
(1)
This section applies where a local education authority has given an
enforcement notice to a person (“the employer”) under section 27.
(2)
Where the local education authority is satisfied—
(a)
that the employer has failed to comply with the notice, or
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(b)
in the case of an enforcement notice requiring the employer to offer to
vary the terms and conditions of employment by virtue of section
27(4)(a), the employee has agreed to the variation but the employer has
failed to give effect to the variation,

the authority may by notice (a “penalty notice”) require the employer to pay a
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financial penalty.
(3)
The amount of the financial penalty is to be determined in accordance with
regulations.
(4)
A penalty notice must state—
(a)
the ground for imposing the penalty,
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(b)
the amount of the penalty,
(c)
how payment may be made,
(d)
the period within which the penalty must be paid (which must be not
less than 4 weeks beginning with the date on which the notice is given),
and
35
(e)
the consequences of non-payment.
(5)
Without prejudice to section 146(4), regulations under subsection (3) may
make provision for penalties of different amounts to be payable in different
cases or circumstances (including provision for the penalty payable under a
penalty notice to differ according to the time by which it is paid).
40
29
Withdrawal of enforcement notice given under section 27
(1)
This section applies where an enforcement notice has been given to a person
(“the employer”) under section 27 by a local education authority (and has not
already been withdrawn).

Education and Skills Bill
Part 1 — Duty to participate in education or training: England
Chapter 3 — Employers
17

(2)
The local education authority may withdraw the enforcement notice by giving
notice of the withdrawal to the employer.
(3)
After the withdrawal, no penalty notice may be given under section 28 in
respect of—
(a)
any failure to comply with the enforcement notice, or
5
(b)
any failure to give effect to any variation of terms and conditions of
employment required by the enforcement notice to be offered,

which occurred before the enforcement notice was withdrawn.
(4)
Where an enforcement notice is withdrawn—
(a)
any penalty notice given under section 28 in respect of the enforcement
10
notice ceases to have effect, and
(b)
any sum paid or recovered in respect of any such penalty notice must
be repaid to the employer with interest at the appropriate rate running
from the date when the sum was paid or recovered.
(5)
In subsection (4)(b) “the appropriate rate” means the rate that, on the date the
15
sum was paid or recovered, was specified in section 17 of the Judgments Act
1838 (c. 110).
(6)
A notice of withdrawal under subsection (2) must state the effect of the
withdrawal (but a failure to do so does not make the notice of withdrawal
ineffective).
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30
Withdrawal of penalty notice given under section 28
(1)
This section applies where a penalty notice has been given to a person (“the
employer”) under section 28 by a local education authority (and has not
already been withdrawn).
(2)
The authority may withdraw the penalty notice by giving notice of the
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withdrawal to the employer.
(3)
If a penalty notice is withdrawn under subsection (2), any sum already paid or
recovered in respect of the penalty notice must be repaid to the employer with
interest at the appropriate rate running from the date when the sum was paid
or recovered.
30
(4)
For the purposes of subsection (3) “the appropriate rate” means the rate that,
on the date the sum was paid or recovered, was specified in section 17 of the
Judgments Act 1838.
Supplementary
31
Right not to suffer detriment
35
After section 47A of the Employment Rights Act 1996 (c. 18) insert—
“47AA
Employees in England aged 16 or 17 participating in education or
training
(1)
An employee has the right not to be subjected to any detriment by any
act, or any deliberate failure to act, by his employer done on the ground
40
that, being a person entitled to be permitted to participate in education

Education and Skills Bill
Part 1 — Duty to participate in education or training: England
Chapter 4 — Parenting contracts and parenting orders
18

or training by section 24 or 25 of the Education and Skills Act 2008, the
employee exercised, or proposed to exercise, that right.
(2)
This section does not apply where the detriment in question amounts
to dismissal (within the meaning of Part 10).”
32
Dismissal to be treated as unfair
5
After section 101A of the Employment Rights Act 1996 (c. 18) insert—
“101B
Participation in education or training
An employee who is dismissed shall be regarded for the purposes of
this Part as unfairly dismissed if the reason (or, if more than one, the
principal reason) for the dismissal is that, being a person entitled to be
10
permitted to participate in education or training by section 24 or 25 of
the Education and Skills Act 2008, the employee exercised, or proposed
to exercise, that right.”
33
Other amendments of Employment Rights Act 1996
(1)
The Employment Rights Act 1996 is further amended as follows.
15
(2)
In section 63A (right to time off for young person for study or training), after
subsection (5) insert—
“(5A)
References in this section to an employee do not include a person to
whom Part 1 of the Education and Skills Act 2008 (duty to participate
in education or training for 16 and 17 year olds in England) applies, or
20
is treated by section 26 (extension for person reaching 18) as applying.”;

and, in the title, after “young person” insert “in Wales or Scotland”.
(3)
In section 105 (redundancy), after subsection (4A) insert—
“(4B)
This subsection applies if the reason (or, if more than one, the principal
reason) for which the employee was selected for dismissal was that
25
specified in section 101B.”
(4)
In section 194 (House of Lords staff), in subsection (2)(c), after “47,” insert
“47AA,”.
(5)
In section 195 (House of Commons staff), in subsection (2)(c), after “47,” insert
“47AA,”.
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Chapter 4
Parenting contracts and parenting orders
34
Parenting contracts
(1)
This section applies where a person to whom this Part applies (“the young
person”) is failing to fulfil the duty imposed by section 2.
35
(2)
A local education authority in England may enter into a parenting contract
with a parent of the young person—
(a)
if the parent is resident in England, and

Education and Skills Bill
Part 1 — Duty to participate in education or training: England
Chapter 4 — Parenting contracts and parenting orders
19

(b)
the authority considers that entering into the parenting contract would
be desirable in the interests of the young person’s fulfilment of that
duty.
(3)
A parenting contract is a document which contains—
(a)
a statement by the parent that the parent agrees to comply with such
5
requirements as may be specified in the document for such period as
may be so specified, and
(b)
a statement by the local education authority that it agrees to provide
support to the parent for the purpose of complying with those
requirements.
10
(4)
The requirements mentioned in subsection (3) may include (in particular) a
requirement to attend a counselling or guidance programme.
(5)
A parenting contract must be signed by the parent and signed on behalf of the
local education authority.
(6)
A parenting contract does not create any obligations in respect of whose breach
15
any liability arises in contract or in tort.
35
Parenting orders
(1)
This section applies where a person to whom this Part applies (“the young
person”) is failing to fulfil the duty imposed by section 2.
(2)
A local education authority in England may apply to a magistrates’ court for a
20
parenting order in respect of a parent of the young person, if the parent is
resident in England.
(3)
If such an application is made, the court may make a parenting order in respect
of the parent if it is satisfied that—
(a)
the young person is failing to fulfil the duty imposed by section 2, and
25
(b)
the making of the order would be desirable in the interests of the young
person’s fulfilment of that duty.
(4)
A parenting order is an order which requires the parent—
(a)
to comply, for a period not exceeding 12 months, with such
requirements as are specified in the order, and
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(b)
subject to subsection (5), to attend, for a concurrent period not
exceeding 3 months, such counselling or guidance programme as may
be specified in directions given by the responsible officer.
(5)
A parenting order under this section may, but need not, include a requirement
mentioned in subsection (4)(b) in any case where a parenting order under this
35
section or any other enactment has been made in respect of the parent on a
previous occasion.
(6)
A counselling or guidance programme which a parent is required to attend by
virtue of subsection (4)(b) may be or include a residential course but only if the
court is satisfied that the following two conditions are fulfilled.
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(7)
The first condition is that the attendance of the parent at a residential course is
likely to be more effective than attendance at a non-residential course in the
interests of the young person’s fulfilment of the duty imposed by section 2.

Education and Skills Bill
Part 1 — Duty to participate in education or training: England
Chapter 4 — Parenting contracts and parenting orders
20

(8)
The second condition is that any interference with family life which is likely to
result from the attendance of the parent at a residential course is proportionate
in all the circumstances.
36
Parenting orders: supplemental
(1)
In deciding whether to make a parenting order under section 35, a court must
5
take into account (amongst other things)—
(a)
any refusal by the parent to enter into a parenting contract under
section 34 in respect of the person to whom this Part applies, or
(b)
if the parent has entered into such a parenting contract, any failure by
the parent to comply with the requirements specified in the contract.
10
(2)
Subsections (3) to (7) of section 9 of the Crime and Disorder Act 1998 (c. 37)
(supplemental provisions about parenting orders) apply in relation to a
parenting order under section 35 as they apply in relation to a parenting order
under section 8 of that Act.
37
Parenting orders: appeals
15
(1)
An appeal lies to the Crown Court against the making of a parenting order
under section 35.
(2)
Subsections (2) and (3) of section 10 of the Crime and Disorder Act 1998
(appeals against parenting orders) apply in relation to an appeal under this
section as they apply in relation to an appeal under subsection (1)(b) of that
20
section.
38
Parenting contracts and parenting orders: further provisions
(1)
Local education authorities in England and responsible officers must, in
carrying out their functions in relation to parenting contracts under section 34
and parenting orders under section 35, have regard to the extent to which any
25
failure by, or anything done by, a parent of a person to whom this Part applies
is affecting, or is likely to affect, that person’s fulfilment of the duty imposed
by section 2.
(2)
Regulations may make further provision about the exercise by local education
authorities in England of their functions relating to—
30
(a)
parenting contracts under section 34, or
(b)
parenting orders under section 35.
(3)
The provision that may be made under subsection (2) includes—
(a)
provision limiting the power of a local education authority to enter into
a parenting contract, or apply for a parenting order, in prescribed cases;
35
(b)
provision requiring one local education authority to consult with
another before taking any prescribed step;
(c)
provision requiring the provision of information by one local education
authority in England to another;
(d)
provision as to how the costs associated with parenting contracts under
40
section 34 or parenting orders under section 35 (including in each case
the costs of providing counselling or guidance programmes) are to be
met.
(4)
In this Chapter—

Education and Skills Bill
Part 1 — Duty to participate in education or training: England
Chapter 5 — Attendance notices
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“parent”, in relation to a young person, is to be construed in accordance
with section 576 of the Education Act 1996 (c. 56), but does not include
a person who is not an individual;
“responsible officer”, in relation to a parenting order, means an officer of
a local education authority who is specified in the order.
5
Chapter 5
Attendance notices
Initial steps
39
Failure to fulfil duty under section 2: initial steps
(1)
This section applies where it appears to a local education authority that a
10
person to whom this Part applies and who belongs to the authority’s area is
failing to fulfil the duty imposed by section 2.
(2)
The authority may give a written notice to the person stating—
(a)
that it appears to the authority that the person—
(i)
is a person to whom this Part applies, and
15
(ii)
is failing without reasonable excuse to fulfil that duty, and
(b)
that if, after the date specified in the notice, the person appears to the
authority to be failing, without reasonable excuse, to fulfil that duty, the
authority may issue an attendance notice under section 40,

and explaining the effect of an attendance notice.
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(3)
The date specified under subsection (2)(b) must not be less than 15 days after
the date on which the notice is given.
(4)
Subsections (5) and (6) apply where an authority proposes to give a notice to a
person under subsection (2).
(5)
The authority—
25
(a)
must take all reasonable steps to secure that relevant support is offered
to the person, and
(b)
may not give the notice unless satisfied that the person has been
afforded an opportunity to take advantage of the support offered.
(6)
The authority—
30
(a)
must give the person an opportunity to make representations, and
(b)
may not give the notice—
(i)
in a case within subsection (7), unless, having regard to any
representations made, the person appears to the authority to
have no reasonable excuse for the failure;
35
(ii)
in any other case, if, having regard to any representations made,
the person appears to the authority to have a reasonable excuse
for the failure.
(7)
This subsection applies where—
(a)
arrangements have been made for the person to participate during the
40
current relevant period in a course or courses constituting relevant
training or education,