|
| |
|
| |
(1) | A penalty payable by virtue of a penalty notice under— |
| |
| |
| |
| 5 |
| 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. |
| 10 |
(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 |
| |
| |
53 | Interpretation of Part |
| |
| 15 |
“appropriate full-time education or training” has the meaning given by |
| |
| |
“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; |
| 20 |
“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. |
| 30 |
(4) | For the purposes of this Part, a person is failing to fulfil the duty imposed by |
| |
| |
(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 |
| 35 |
| |
(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 |
| |
| 40 |
|
| |
|
| |
|
| |
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 |
| |
(3) | For the purposes of this section and section 55, a local education authority |
| |
makes services available if it— |
| |
| |
(b) | makes arrangements with another local education authority or another |
| 15 |
person for their provision. |
| |
(4) | In carrying out its functions under this section, a local education authority |
| |
| |
(a) | comply with any direction given by the Secretary of State under section |
| |
| 20 |
(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 |
| |
| |
(a) | another local education authority in England is also responsible for the |
| 25 |
| |
(b) | services are being provided to the person by, or under arrangements |
| |
made by, the other authority in exercise of its functions under |
| |
| |
| 30 |
(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 |
| |
| |
(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- |
| |
| |
(i) | any person providing services under section 59; |
| 40 |
(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 |
| |
| |
|
| |
|
| |
|
(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 |
| |
| |
(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 |
| 10 |
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, |
| 15 |
| 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. |
| 20 |
(5) | Different directions may be given under this section in relation to different |
| |
| |
56 | 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 |
| 30 |
participation in education or training of— |
| |
| |
(ii) | relevant young adults, |
| |
| (including such persons from other areas) otherwise than in accordance |
| |
with section 54 or paragraph (a). |
| 35 |
(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. |
| |
57 | 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. |
| |
|
| |
|
| |
|
(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) |
| |
| |
(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 |
| |
| 15 |
| |
“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 |
| 20 |
| |
(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 |
| |
| 25 |
“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; |
| 30 |
(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). |
| 35 |
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 |
| 40 |
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 |
| 45 |
services in pursuance of 54 or 56(1)(b) may be made only for the purposes of |
| |
the provision of those services. |
| |
|
| |
|
| |
|
(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. |
| 5 |
59 | 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 |
| |
(a) | the publication whether electronically or otherwise of information, |
| |
| |
(b) | the provision, in response to requests by young persons and relevant |
| |
young adults, of information, advice or guidance to those persons by |
| 15 |
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 |
| 20 |
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 |
| 25 |
| |
| |
(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 |
| 30 |
(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 |
| |
(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 |
| 40 |
provided by a person in pursuance of section 54 or 59. |
| |
|
| |
|
| |
|
(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 |
| |
| |
(a) | is guilty of an offence, and |
| |
(b) | is liable on summary conviction to a fine not exceeding level 4 on the |
| 10 |
| |
61 | 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 |
| |
| |
(a) | the person’s name, address and date of birth, and |
| |
(b) | the name and address of a parent of the young person. |
| 25 |
(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 |
| |
| |
(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 |
| |
| |
(d) | for the purpose of actual or contemplated proceedings before a court or |
| |
| 35 |
(e) | with consent given by or on behalf of the person to whom the |
| |
| |
(f) | in such a way as to prevent the identification of the person to whom it |
| |
| |
(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 |
| |
| |
(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 |
| 45 |
|
| |
|
| |
|
(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— |
| |
| |
(b) | the Learning and Skills Council for England, |
| |
(c) | a Primary Care Trust, |
| 15 |
(d) | a Strategic Health Authority, |
| |
(e) | a chief officer of police, |
| |
(f) | a local probation board, and |
| |
(g) | a youth offending team. |
| |
| 20 |
“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). |
| |
| |
(1) | In sections 54 to 62 and this section— |
| |
“parent”, in relation to a child, has the meaning given by section 576 of the |
| |
| 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 |
| |
“young person” means a person who has attained the age of 13 but not the |
| |
| |
(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— |
| 40 |
(a) | receiving education or training in its area, |
| |
(b) | normally resident in its area, or |
| |
(c) | otherwise within its area. |
| |
|
| |
|