Education and Skills Bill

House of Commons

Session 2007 - 08
Internet Publications
Other Bills before Parliament

Education and Skills Bill

Education and Skills Bill
Part 1 — Duty to participate in education or training: England
Chapter 6 — Miscellaneous
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Financial penalties
(1)
A penalty payable by virtue of a penalty notice under—
(a)
section 22,
(b)
section 28, or
(c)
section 47,
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is payable to the local education authority which issued the notice.
(2)
Any sums received by a local education authority under any of those sections
may be used by the authority for the purposes of any of its functions which
may be specified in regulations but, to the extent that they are not so used, must
be paid in accordance with regulations to the Secretary of State.
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(3)
A penalty under section 22 or 28 (and any interest or financial penalty for late
payment) is recoverable, if a county court so orders, as if it were payable under
an order of that court.
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Interpretation of Part
(1)
In this Part—
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“appropriate full-time education or training” has the meaning given by
section 4;
“contract of employment” means a contract of service, whether express or
implied and (if it is express) whether oral or in writing, but does not
include a contract of apprenticeship;
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“level 3 qualification” has the meaning given by section 3;
“relevant period”, in relation to a person to whom this Part applies, has
the meaning given by section 7;
“relevant training or education” has the meaning given by section 6;
“sufficient”, in relation to relevant training or education, is to be construed
25
in accordance with section 8(1).
(2)
Regulations may provide for a person to be, or not to be, regarded as resident
in England for the purposes of any provision of this Part.
(3)
Any reference in this Part to a person’s being in full-time occupation is to be
construed in accordance with section 5.
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(4)
For the purposes of this Part, a person is failing to fulfil the duty imposed by
section 2 if the person—
(a)
is not participating in education or training in accordance with
subsection (1)(a) or (b) of that section, and
(b)
is not in full-time occupation or is not participating in sufficient
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relevant training.
(5)
A reasonable excuse for a failure to be in full-time occupation is not a
reasonable excuse for a failure to fulfil the duty imposed by section 2 (unless it
is also a reasonable excuse for any failure to participate as mentioned in
subsection (4)).
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Education and Skills Bill
Part 2 — Support for participation in education or training: young adults with learning difficulties and young people in England
30

Part 2
Support for participation in education or training: young adults with
learning difficulties and young people in England
Provision of support services
54
Support services: provision by local education authorities
5
(1)
A local education authority in England must make available to young persons
and relevant young adults for whom it is responsible such services as it
considers appropriate to encourage, enable or assist the effective participation
of those persons in education or training.
(2)
Subsection (1) is subject to any direction given by the Secretary of State under
10
section 55.
(3)
For the purposes of this section and section 55, a local education authority
makes services available if it—
(a)
provides them, or
(b)
makes arrangements with another local education authority or another
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person for their provision.
(4)
In carrying out its functions under this section, a local education authority
must—
(a)
comply with any direction given by the Secretary of State under section
55, and
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(b)
have regard to any guidance issued by the Secretary of State.
(5)
Nothing in this section requires a local education authority to make services
available to a young person or relevant young adult for whom it is responsible
if—
(a)
another local education authority in England is also responsible for the
25
person, and
(b)
services are being provided to the person by, or under arrangements
made by, the other authority in exercise of its functions under
subsection (1).
55
Directions
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(1)
The Secretary of State may give directions to a local education authority—
(a)
specifying the services to be made available to young persons and
relevant young adults in the exercise of the authority’s functions under
section 54(1);
(b)
specifying the descriptions of individual who may be involved, in ways
35
specified in the direction, in the provision of such services;
(c)
requiring the authority to secure that any person by whom such
services are provided (whether the authority or any other person) co-
operates with—
(i)
any person providing services under section 59;
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(ii)
any person exercising functions, or providing services, which
relate to social security or are connected with finding suitable
employment, education or training for young persons or
relevant young adults;

Education and Skills Bill
Part 2 — Support for participation in education or training: young adults with learning difficulties and young people in England
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(d)
as to the names and symbols to be used, in ways specified in the
direction, in connection with services provided in pursuance of section
54(1);
(e)
imposing requirements as to—
(i)
the keeping of records, or
5
(ii)
the provision of information to local education authorities and
persons providing services in pursuance of section 54(1),

in connection with the provision of such services.
(2)
The Secretary of State may direct a local education authority to exercise its
functions under section 54(1) in such a way that the person who provides
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services (whether the local education authority or any other person), or such
services as are specified in the direction, as a result of the exercise of those
functions is a person who also—
(a)
exercises such functions, or
(b)
provides such services,
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as are specified in the direction.
(3)
Functions or services specified under subsection (2)—
(a)
need not relate to education or training, and
(b)
may, in particular, be functions or services relating to social security.
(4)
A direction under this section may be varied or revoked by a later direction.
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(5)
Different directions may be given under this section in relation to different
descriptions of service.
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Local education authorities: supplementary powers
(1)
A local education authority in England—
(a)
may provide, secure the provision of or participate in the provision of
25
services under arrangements entered into by it with another local
education authority in pursuance of any function of that other local
education authority under section 54, and
(b)
may provide, secure the provision of or participate in the provision of
services for encouraging, enabling or assisting the effective
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participation in education or training of—
(i)
young persons, or
(ii)
relevant young adults,

(including such persons from other areas) otherwise than in accordance
with section 54 or paragraph (a).
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(2)
Nothing in or done under section 54 or 55 or this section is to be taken to
prejudice any powers which a local education authority has with respect to the
exercise of its functions otherwise than under those sections.
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Educational institutions: duty to provide information
(1)
Relevant information about a pupil or student who is attending an educational
40
institution in England must be provided by the responsible person to a person
involved in the provision of services in pursuance of section 54 or 56(1)(b), on
a request by that person.

Education and Skills Bill
Part 2 — Support for participation in education or training: young adults with learning difficulties and young people in England
32

(2)
A request under subsection (1) by a person involved in the provision of
services in pursuance of 54 or 56(1)(b) may be made only for the purposes of
the provision of those services.
(3)
In subsection (1), “relevant information” means—
(a)
the name, address and date of birth of the pupil or student;
5
(b)
the name and address of a parent of the pupil or student;
(c)
information in the institution’s possession about the pupil or student.
(4)
Information within subsection (3)(c) must not be provided under subsection (1)
if—
(a)
the pupil or student concerned, in the case of a pupil or student who
10
has attained the age of 16, or
(b)
a parent of the pupil or student concerned, in the case of a pupil or
student who has not attained the age of 16,

has instructed the responsible person not to provide information of that kind
under this section.
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(5)
In this section—
“educational institution” means—
(a)
a community, foundation or voluntary school,
(b)
a community or foundation special school,
(c)
a city technology college, a city college for the technology of the
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arts or an Academy,
(d)
a pupil referral unit,
(e)
an institution within the further education sector, or
(f)
an institution in receipt of funding from the Learning and Skills
Council for England;
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“responsible person” means—
(a)
in relation to a school within paragraph (a) or (b) of the
definition of “educational institution”, the governing body;
(b)
in relation to an institution within paragraph (c) or (f) of that
definition, the proprietor;
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(c)
in relation to a pupil referral unit, the local education authority
by which it is maintained;
(d)
in relation to an institution within the further education sector,
the governing body within the meaning given by section 90 of
the Further and Higher Education Act 1992 (c. 13).
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58
Educational institutions: access and facilities
(1)
The responsible person in relation to an educational institution in England,
must, on a request by a person involved in the provision of services in
pursuance of section 54 or 56(1)(b)—
(a)
permit that person to have access to a pupil or student attending the
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institution on the institution’s premises at reasonable times, and
(b)
make available to that person, so far as is reasonably convenient,
facilities on the institution’s premises for providing services to
individual such pupils or students or groups of such pupils or students.
(2)
A request under subsection (1) by a person involved in the provision of
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services in pursuance of 54 or 56(1)(b) may be made only for the purposes of
the provision of those services.

Education and Skills Bill
Part 2 — Support for participation in education or training: young adults with learning difficulties and young people in England
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(3)
Subject to subsection (4), “educational institution” and “responsible person”
have the same meanings in subsection (1) as in section 57.
(4)
In relation to a pupil referral unit for which there is a management committee
established by virtue of paragraph 15 of Schedule 1 to the Education Act 1996
(c. 56), “responsible person” means that committee.
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Internet and telephone support services etc
(1)
The Secretary of State may provide or secure the provision of services for
encouraging, enabling or assisting the effective participation of young persons
and relevant young adults in England in education or training.
(2)
The services which may be provided under subsection (1) are services
10
provided by means of—
(a)
the publication whether electronically or otherwise of information,
advice and guidance;
(b)
the provision, in response to requests by young persons and relevant
young adults, of information, advice or guidance to those persons by
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telephone or other electronic means.
(3)
In securing the provision of those services the Secretary of State may, in
particular, make arrangements with other persons for the provision of services.
(4)
Arrangements under subsection (3) may include provision—
(a)
for grants, loans and other kinds of financial assistance to be provided
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by the Secretary of State (whether or not on conditions);
(b)
requiring persons with whom arrangements are made to have regard
to guidance issued by the Secretary of State.
(5)
For the purposes of this section, a young person or relevant young adult is in
England if he or she is a person for whom a local education authority in
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England is responsible.
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Inspection
(1)
Her Majesty’s Chief Inspector of Education, Children’s Services and Skills—
(a)
must, when requested to do so by the Secretary of State, inspect and
report on the provision of services in pursuance of section 54 or 59, and
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(b)
may undertake such other inspections of the provision of those services
as Her Majesty’s Chief Inspector thinks fit.
(2)
A request under subsection (1)(a)—
(a)
may be in general terms or in relation to specific matters,
(b)
may relate to a specific person providing services, or to a specific class
35
of person, and
(c)
may relate to a specific area.
(3)
A reference in subsection (1) to the provision of services includes a reference to
the management and use of resources in providing services.
(4)
Subsections (5) to (7) apply to an inspection under subsection (1) of services
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provided by a person in pursuance of section 54 or 59.

Education and Skills Bill
Part 2 — Support for participation in education or training: young adults with learning difficulties and young people in England
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(5)
A person carrying out or participating in the inspection has the same powers
as Her Majesty’s Chief Inspector has under the following provisions of the
Education Act 2005 (c. 18)—
(a)
section 10(1)(a) and (d) (right of access), and
(b)
section 58 (computer records).
5
(6)
Section 11 of the Education Act 2005 (publication of inspection reports) applies.
(7)
A person who wilfully obstructs a person in carrying out or participating in the
inspection—
(a)
is guilty of an offence, and
(b)
is liable on summary conviction to a fine not exceeding level 4 on the
10
standard scale.
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Information relating to young persons: supply by Secretary of State
(1)
The Secretary of State may supply information, including social security
information, to a local education authority or other person involved in the
provision of services for young persons in pursuance of section 54 or 56(1)(b)
15
for the purpose of the provision of those services.
(2)
In this section “social security information” means personal information about
a young person which is obtained by the Secretary of State in the course of the
exercise of a function under—
(a)
the Social Security Contributions and Benefits Act 1992 (c. 4), or
20
(b)
the Social Security Administration Act 1992 (c. 5).
(3)
For the purposes of subsection (2) “personal information”, in relation to a
young person, means—
(a)
the person’s name, address and date of birth, and
(b)
the name and address of a parent of the young person.
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(4)
A person to whom information is supplied under subsection (1) commits an
offence by disclosing the information unless the disclosure is made—
(a)
for the purpose of the provision of services in pursuance of section 54
or 56(1)(b),
(b)
for the purpose of enabling or assisting the exercise of any function of
30
a local education authority under Part 1,
(c)
in accordance with section 17 or any other enactment or an order of a
court or tribunal,
(d)
for the purpose of actual or contemplated proceedings before a court or
tribunal,
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(e)
with consent given by or on behalf of the person to whom the
information relates, or
(f)
in such a way as to prevent the identification of the person to whom it
relates.
(5)
It is a defence for a person charged with an offence under this section relating
40
to a disclosure to prove that the person reasonably believed that the disclosure
was lawful.
(6)
A person guilty of an offence under this section is liable—
(a)
on conviction on indictment, to imprisonment for a term not exceeding
2 years, to a fine or to both, or
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Education and Skills Bill
Part 2 — Support for participation in education or training: young adults with learning difficulties and young people in England
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(b)
on summary conviction, to imprisonment for a term not exceeding 12
months, to a fine not exceeding the statutory maximum, or to both.
(7)
In subsection (6)(b) the reference to 12 months is to be read in relation to an
offence committed before the commencement of section 282 of the Criminal
Justice Act 2003 (c. 44) (increase in maximum term that may be imposed on
5
summary conviction of offence triable either way) as a reference to 6 months.
62
Information: supply by public bodies
(1)
Any of the persons or bodies mentioned in subsection (2) may supply
information about a young person or relevant young adult to any person or
body involved in the provision of services in pursuance of section 54 or 56(1)(b)
10
for the purpose of the provision of those services.
(2)
Those persons and bodies are—
(a)
a local authority,
(b)
the Learning and Skills Council for England,
(c)
a Primary Care Trust,
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(d)
a Strategic Health Authority,
(e)
a chief officer of police,
(f)
a local probation board, and
(g)
a youth offending team.
(3)
In this section—
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“local authority” has the meaning given by section 579(1) of the Education
Act 1996 (c. 56) (interpretation);
“local probation board” means a local probation board established under
section 4 of the Criminal Justice and Court Services Act 2000 (c. 43);
“youth offending team” means a team established under section 39 of the
25
Crime and Disorder Act 1998 (c. 37).
63
Supplementary
(1)
In sections 54 to 62 and this section—
“parent”, in relation to a child, has the meaning given by section 576 of the
Education Act 1996;
30
“relevant young adult” means a person who—
(a)
has attained the age of 20 but not the age of 25, and
(b)
has a learning difficulty;
and subsections (5) and (6) of section 13 of the Learning and Skills Act
2000 (c. 21) (construction of references to learning difficulties) apply for
35
this purpose;
“young person” means a person who has attained the age of 13 but not the
age of 20.
(2)
For the purposes of sections 54 to 62, a local education authority is responsible
for any young person or relevant young adult who is—
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(a)
receiving education or training in its area,
(b)
normally resident in its area, or
(c)
otherwise within its area.