Memorandum submitted by Careers England, the Institute of Career Guidance, National Association of Connexions Partners, Association for Careers Education and Guidance and the Inspiring Futures Foundation (E&S 17)

 

 

 

 

EDUCATION & SKILLS BILL

 

Joint paper prepared by Careers England, the Institute of Career Guidance, National Association of Connexions Partners, Association for Careers Education and Guidance and the Inspiring Futures Foundation

 

On behalf of the key organisations in the careers education and guidance sector in England we are pleased to offer our shared commentary on a number of clauses in the Bill as printed 29.11.07.

 

We wish to be as supportive as possible of the main proposals in the Bill, and have highlighted issues which we believe (from our perspective as experienced practitioners and employers in the sector) need to be strengthened so that every young person benefits, as will employers and subsequently the economic and social health of the nation.

 

 

Bill extracts are shown in light green shaded boxes (giving the CLAUSE NUMBER in BOLD) and commentary is given below. Three Appendices are added showing in yellow shaded boxes extracts from the 1997 Education Act, the 2000 Learning and Skills Act and the 1973 Employment & Training Act as amended.

 

Clause 41

 

41      

Attendance notice: description of education or training

 

(1)   

This section must be satisfied in relation to education or training specified in

 

an attendance notice given to a person to whom this Part applies by a local

 

education authority.

 

(2)   

The education or training must be provided-

25

(a)   

at a school, college or other training or educational establishment by

 

means of a course, or

 

(b)   

in accordance with a contract of apprenticeship.

 

(3)   

The education or training must be such that, by participating in it, the young

 

person would fulfil the duty imposed by section 2.

30

(4)   

For that purpose, account may be taken of any contract of employment of the

 

person or other arrangement under which the person works.

 

(5)   

The education or training must be suitable for the person.

 

(6)   

Where the education or training is to be provided by means of a course, the

 

local education authority-

35

(a)   

must have consulted the governing body or proprietor of the school,

 

college or other training or educational establishment at which the

 

education or training is to be provided, and

 

(b)   

must have made arrangements, or be satisfied that arrangements have

 

been made, for the education or training to be provided there for the

40

person.

 

(7)   

Where the education or training is training provided in accordance with a

 

contract of apprenticeship, the local education authority must have consulted

 

the employer in relation to the contract of apprenticeship.

 

 

Commentary on clause 41 (5)

1. The clause states that the 'education or training must be suitable for the person'. To achieve universal participation in learning to age 19, Government needs to ensure the supply of suitable provision, appropriate to the needs and abilities of the individual. The greatest test will be for those young people who would traditionally consider leaving education and training earlier; these are young people who currently are NEET, those at risk of becoming NEET (as they move between opportunities due to their lack of satisfaction with the education or training offer), those who are in jobs without training, or those who for other reasons are not available to the learning and labour market.

 

2. Evidence from Connexions shows that those young people who fail to sustain a learning opportunity post-16 are more often those who are seeking, or are in, sub-level-2 provision including, in particular, young people with learning difficulties or disabilities.

 

3. The greatest challenge will be to ensure the supply of employer-led provision. The vast majority of the young people described above are seeking employment or a work-based route to employment. Bespoke provision for young people should guarantee this; an over-supply of programme-led provision is not going to satisfy the demand. Future work-based learning and apprenticeship provision must be employer-led or ensure at least that young people acquire the on-site experience, training and assessment for their chosen occupational area. Apprenticeships which are programme-led and which do not provide this often leave young people, on completion of their training, with adequate accreditation in the form of NVQs, but lacking the essential on-site assessment, experience and training required by employers.

 

4. Clause 41 (5) rightly stipulates that 'the education or training must be suitable for the person'; however, the Bill does not make clear how suitability of education or training is to be defined or determined, and who is charged with this responsibility.

 

5. We believe that this should be someone who acts in a support role for young people: a careers adviser. It is critical that a careers adviser, as defined in Section 44 para.11(a) of the 1997 Education Act, is seen as being an independent advocate: skilled in guidance techniques and knowledgeable about the range of learning or occupational opportunities and career pathways for young people.

 

 

Clause 54

54      

Support services: provision by local education authorities

 

(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.

 

Commentary on clause 54(1)

1. The major concern here is that the duty is not specific enough, even though it is supported by clause 55 under which the LA must follow "any direction given" by the Secretary of State.

2. On the face of the Bill there needs to be clarity that "participation" alone is not sufficient. All young people must be assured of education and training provision which is suitable to meet their need not simply to participate, but to progress within the 14-19 phase, and then to progress further in the transition from statutory learning at 18+.

3. All young people must mean young people of all abilities, and their entitlements must be equal wherever they live, so that a post-code lottery of provision of support services is avoided.

4. The duty placed under sections 8-10 of the 1973 Employment & Training Act as amended in 1993 (reproduced in appendix 3 to this paper) must be restated in the "directions", and assurances must be secured on this during the passage of the Bill.

5. The same applies to the duties set out under section 44 of the 1997 Education Act (shown in appendix 1), which taken together with the 1973 Act should assure young people of access to independent and impartial specialist careers advisers. There are, however, serious concerns about how these duties are currently being fulfilled and intended to be fulfilled in the future. During the passage of the Bill we need to seek assurances that this remains the intention of Ministers and will be reinforced in the "directions" the Secretary of State will be issuing. Only through access to such specialists can young people be assured of informed and independent guidance which is based outside the learning provider, and informed by the needs of the labour market.

6. Effective participation requires assistance with choices. Such advice and guidance must be about choices not merely of which learning option to follow, but why - that is, with a clear view of progression beyond 18+ into employment (either directly or via further training or higher education). The key is that choices about the relationship between learning and work - i.e. about career - should drive participation in learning.

 

 

(3)   

For the purposes of this section and section 55, a local education authority

 

makes services available if it-

 

(a)   

provides them, or

20

(b)   

makes arrangements with another local education authority or another

 

person for their provision.

 

 

Commentary on clause 54(3)

1. The key to this clause is that no matter how services are provided, they must comply in every locality with nationally specified core aspects of delivery and with national quality standards.

2. The underpinning legislation is the 1973 Act and the 1997 Act (see points 4 and 5 above under Clause 54 commentary).

3. It is essential that during the passage of the Bill clarification is secured that the DUTIES under these two Acts will be REQUIRED to be fulfilled by all LAs (irrespective of how their duty to provide is discharged) and will be the subject of specific (not thematic) inspection by Ofsted (see appendix 2 which includes Section 122 of the Learning and Skills Act 2000, and appendix 3 which sets this in the context of the Secretary of State's statutory duty to provide 'careers services').

 

Clause 55

 

55      

Directions

 

(1)   

The Secretary of State may give directions to a local education authority

 

relating to the exercise of its functions under section 54(1).

 

(2)   

A direction under this section may, in particular-

 

(a)   

specify the services to be made available to young persons and relevant

40

young adults;

 

 

 

 


 

 

30

 

 

(b)   

specify how services provided in the exercise of those functions are to

 

be made available;

 

(c)   

specify standards which are to be met in the provision of such services;

 

(d)   

impose requirements as to the keeping of records and the provision of

 

information in connection with the provision of such services.

 

 

Commentary on clause 55(1-2)

1. This clause needs to be strengthened. It currently provides a power ("may") to the Secretary of State. It needs to be a DUTY ("shall"). It is urged that at the appropriate time in the passage of the Bill, an amendment to this effect be tabled.

2. The reason for this is that it is unacceptable to leave this to 'chance'; the Secretary of State should ensure that, in every locality, quality is assured to national specification and standards.

3. The duty must include a clear requirement to set national quality standards which will be robustly applied, updated and assessed in every locality so that young people, their parents/carers and employers are assured that in every LA area those providing these services (including those under the 1973 and 1977 Acts referred to above under clause 54 points 4 and 5; see also point 6 below) are regularly assessed against national quality standards.

4. Where any provider in an LA area (including LAs themselves if they deliver directly rather than commission services) fails to meet the quality standards, it should be precluded from receiving public funds for such contracts/services in that area.

5. The Bill proposes raising the age of statutory learning for all young people. Only those organisations meeting robust national quality standards should be viewed as being capable of providing support services to assist young people in these crucial life-changing decisions.

6. Under Section 46(4) of the 1997 Education Act (see appendix 2) the Secretary of State has the power to specify the "definition" of a "careers adviser" - as part of fulfilling his statutory duty under section 10 of the 1973 Employment & Training Act as amended in 1993 (see appendix 3) - and thus the qualifications and competence required. During the passage of the Bill it is important to receive explicit assurances that specialist "careers advisers" providing informed and independent career advice and guidance (from an approved provider which is external to and thus truly independent of the learning provider) will be required by the Secretary of State to be integral to the teams of support services provided in EVERY LA area.

 

 

Clause 65

 

 

Before section 140 of the Learning and Skills Act 2000 (c. 21) (assessments

 

relating to learning difficulties) insert-

 

"139A   

 Assessments relating to learning difficulties: England

5

(1)   

Subsection (2) applies if a local education authority in England-

 

(a)   

maintains a statement of special educational needs for a person,

 

and

 

(b)   

believes that the person will leave school, at the end of his last

 

year of compulsory schooling, to receive post-16 education or

10

training or higher education.

 

(2)   

The authority must arrange for an assessment of the person to be

 

conducted at some time during his last year of compulsory schooling.

 

(3)   

Subsection (4) applies if a local education authority in England-

 

(a)   

maintains a statement of special educational needs for a person

15

who is over compulsory school age, and

 

(b)   

believes that the person will leave school, during or at the end

 

of the current school year, to receive post-16 education or

 

training or higher education.

 

(4)   

The authority must arrange for an assessment of the person to be

20

conducted at some time during the current school year.

 

(5)   

A local education authority in England may at any time arrange for an

 

assessment to be conducted of a person-

 

(a)   

who is within subsection (6), and

 

(b)   

for whom the authority is responsible.

25

(6)   

A person within this subsection is one who-

 

(a)   

is in his last year of compulsory schooling, or is over

 

compulsory school age but has not attained the age of 25,

 

(b)   

appears to the authority to have a learning difficulty within the

 

meaning of section 13, and

30

(c)   

is receiving, or in the opinion of the authority is likely to receive,

 

post-16 education or training or higher education.

 

(7)   

In exercising its functions under this section an authority must have

 

regard to any guidance issued by the Secretary of State.

 

139B    

Assessments under section 139A: interpretation

35

(1)   

This section applies for the purposes of section 139A.

 

(2)   

A statement of special educational needs is a statement maintained

 

under section 324 of the Education Act 1996.

 

(3)   

An assessment of a person is an assessment, resulting in a written

 

report, of-

40

(a)   

the person's educational and training needs, and

 

(b)   

the provision required to meet them.

 

 

 

 

 

 

 

 

(4)   

A local education authority is responsible for-

 

(a)   

a person who is receiving education or training in its area;

 

(b)   

a person who is not receiving education or training, but who is

 

normally resident in its area;

 

(c)   

a person who is not receiving education or training, and who is

5

not normally resident in its area or that of another authority, but

 

who is otherwise within its area and, in its opinion, likely to

 

receive post-16 education or training or higher education.

 

(5)   

A person's last year of compulsory schooling is the last school year at

 

his school during the whole or part of which he is of compulsory school

10

age; and in the application of section 139A(6) to a person who is

 

receiving education at an institution other than a school, that institution

 

is to be treated for the purpose of determining his last year of

 

compulsory schooling as though it were a school.

 

(6)   

"Higher education" is education provided by means of a course of any

15

description mentioned in Schedule 6 to the Education Reform Act 1988.

 

(7)   

"Post-16 education or training" means post-16 education or post-16

 

training within the meaning of Part 1.

 

(8)   

"School year" has the meaning given in section 579(1) of the Education

 

Act 1996.

20

139C    

Assessments under section 139A: persons educated at home

 

(1)   

Section 139A applies in relation to a person who is receiving education

 

at home, subject to the following modifications.

 

(2)   

In section 139A(1)(b) and (3)(b), references to a person's leaving school

 

to receive post-16 education or training or higher education are to be

25

construed as references to a person's ceasing to receive education at

 

home in order to receive, otherwise than in a school, post-16 education

 

or training or higher education.

 

(3)   

References to a person's last year of compulsory schooling are to be

 

construed as references to the 12 month period ending when the person

30

ceases to be of compulsory school age.

 

(4)   

References to the current school year are to be construed as references

 

to the period of 12 months beginning on the most recent 1st

 

September."

 

 

Commentary on Clause 65

1. The guidance currently being drafted by DCSF incorporates a change from the existing arrangements which will ensure that young people believed by the Local Authority to have a learning difficulty (both with and without a statement), and who choose to pursue learning in a post-16 environment during Year 10 and Year 11, receive an assessment of their learning needs at this earlier stage. Along with this change there will need to be a duty on Local Authorities to have regard to the assessments, since they will be responsible for funding the provision that such young people aged 13-16 will receive.

2. Any specification for the new arrangements should make clear the Statutory Duty which falls to Local Authorities.

3. Attention must be given to separating the duties of the Local Authority to provide an independent assessment of the young person's needs and to provide appropriate learning provision, once these duties devolve to Local Authorities from the LSC. There is an inherent conflict of interest where an assessment may indicate a level of need which the LA may consider too expensive.

 

4. Staff carrying out the assessment should be competent to carry out the task. They will require a detailed knowledge of local and national opportunities for learning, in addition to the skills appropriate to working with this client group, their families and support networks.

 

5. Emphasis should be placed on the need to ensure that post-16 providers are aware of assessments and take account of their content in planning and developing learning programmes for young people with learning difficulties.

 

6. Adequate monitoring arrangements are needed to ensure that this vulnerable group of young people receive support in the form of an effective and accurate assessment and that their needs are taken into account if the subsequent learning programme.

 

7. In some Local Authority areas it is apparently intended to merge the Transition Plan with the S140 assessment. In such cases, clarity is needed about which individuals or agencies carry continuing responsibility post-16 for the implementation and review of the learning programme and the progress of the young person.

 

 

Clause 66

 

 

 

66      

Careers education: information and advice

 

(1)   

Part 7 of the Education Act 1997 (c. 44) (careers education and guidance) is

 

amended as follows.

 

(2)   

In section 43 (provision of careers education in schools)-

 

(a)   

after subsection (2) insert-

40

"(2A)   

Subsection (2B) applies where, in the course of a programme of

 

careers education provided, in pursuance of subsection (1), to

 

registered pupils at a school in England falling within

 

 

 

 


 

 

37

 

 

subsection (2)(a), (c) or (e), information or advice is given

 

which-

 

(a)   

relates to any options available in respect of 16-18

 

education or training, or otherwise relates to the pursuit

 

of particular careers (at any age), or

5

(b)   

relates to decisions or other steps to be taken in

 

connection with any such options or careers.

 

(2B)   

Any such information must be presented in an impartial

 

manner, and-

 

(a)   

any such advice must be advice which the person giving

10

it considers will promote the best interests of the pupils

 

concerned, and

 

(b)   

accordingly, in giving the advice, that person must not

 

seek to promote, contrary to the pupils' best interests,

 

the interests or aspirations of the school or of other

15

persons or institutions.";

 

(b)   

in subsection (3), after "subsection (1)" insert "(and, where applicable,

 

subsection (2B))"; and

 

(c)   

in subsection (6), at the end insert-

 

""16-18 education or training" means education or training

20

suitable to the requirements of persons who have ceased

 

to be of compulsory school age but have not attained the

 

age of 18;

 

"training", in connection with registered pupils at schools

 

in England, includes a voluntary or other placement apt

25

to enable the development of any skill or competency

 

(whether or not taking place at a time when the person

 

concerned is still such a pupil)."

 

(3)   

In section 45 (provision of careers information at schools etc.)-

 

(a)   

at the end of subsection (2) insert-

30

   

"and, in the case of any such school in England, the reference in

 

subsection (1) to persons attending it is a reference to persons

 

who are registered pupils there.";

 

(b)   

after subsection (2) insert-

 

"(2A)   

Subsection (2B) applies where registered pupils at a school in

35

England falling within section 43(2)(a) or (c) are provided, in

 

pursuance of subsection (1), with access to materials of the

 

kinds mentioned in that subsection.

 

(2B)   

The materials, taken as a whole, must present the pupils with

 

(so far as relevant to them) a full range of-

40

(a)   

options available in respect of 16-18 education or

 

training, and

 

(b)   

other options available to them (at any age) in terms of

 

career opportunities,

 

   

and must not unduly promote any particular options over any

45

others.";

 

(c)   

in subsection (3), after "subsection (1)" insert "(and, where applicable,

 

subsection (2B))"; and

 

(d)   

in subsection (5), for "and careers education" substitute ", "careers

 

education", "16-18 education or training" and".

50

 

 

 


 

 

 

 

(4)   

After section 45 insert-

 

"45A    

Guidance as to discharge of duties

 

(1)   

The persons responsible for discharging a relevant duty in relation to a

 

school in England falling within section 43(2)(a), (c) or (e) must, in

 

discharging the duty, have regard to any guidance given from time to

5

time by the Secretary of State.

 

(2)   

A "relevant duty" means a duty under any of sections 43(3), 44(9) and

 

45(3)."

 

 

 

 

Commentary on all of clause 66

1. This major clause can only be properly interpreted by comparing it with Sections 43-46 of the 1997 Education Act (reproduced in appendix 1 to this paper). This clause will materially affect the success of the measures to raise the age of leaving statutory learning to 18.

2. Section 43 of the 1997 Act requires all publicly-funded schools to provide programmes of 'careers education'. In 1997 this applied to 14-16 year olds (Years 9-11), but Section 46 empowers the Secretary of State to extend the requirement below 14 and above 16. More recently, this duty has been extended to cover Years 7-11. But it has not yet been extended to cover post-16 (Years 12-13) in England, though under devolved powers the Welsh Assembly has extended the duty to cover post-16: this surely should now be the case in England too. With the raising of the age of leaving statutory learning from 16 to 18, it is imperative that on-going 'careers education' is a right for all young people within continued learning up to 18.

3. The correct judgement was made in 1997 that all schools had to be required to support young people with careers education up to the age of statutory leaving to help prepare them for the life-changing choices they had to make at 16+. Those decisions have now increased in complexity. Young people will increasingly be choosing options and pathways from 14 which may include undertaking learning not just at a single institution but with a number of providers (not least in respect of the new Diplomas). Choices to participate in post-16 learning will be both learning and future-work choices; young people must be supported to prepare for the crucial next phase of choices in transition from statutory learning. They will certainly learn and develop during the post-16 phase, and must be assured of further careers education programme support, as well as assured access to external careers advisers fulfilling the Secretary of State's statutory duty to provide a 'careers service' (see appendix 3 and point 4 below).

4. No proposals in the current Bill are made with regard to Section 44 of the 1997 Act. This Section requires schools and further education colleges to co-operate with external careers advisers. It assures careers advisers of access to pupils/students and vice-versa. During the passage of the Bill it is imperative to seek assurances that in each LA's arrangements for support services there MUST be specialist careers advisers with the knowledge, competence and capacity to fulfil this role. Otherwise, decisions about choices of learning in all 14-19 settings will be at risk of being ill-informed in respect of the labour market, and partiality is certain to occur in some/many instances. Only external careers advisers who are independent of the learning provider can be truly impartial.

5. Section 45 of the 1997 Act relates to careers information on the full range of learning opportunities. It applies to the full 14-19 range of opportunities. It places duties upon all publicly-funded schools (other than primary) and FE colleges.

6. There are a number of key principles to be emphasised in respect of the proposal to raise the statutory age of leaving learning to 18, which should be addressed through assured access for all 14-19 young people (including those in publicly-funded work-based learning who currently are outside the scope of Sections 43-45) to

quality-assured careers education programmes, delivered by teachers and tutors with appropriate and specialist training

comprehensive and impartial opportunity information (including opportunities for progression post-18)

independent careers advice and guidance provided by appropriately trained and competent career guidance specialists working within each LA area's support service team.

7. During the passage of the Bill it will be important to seek either to move amendments to Sections 43-45 of the 1997 Act to secure access for all young people, including those in publicly-funded work-based learning, to these services, or an assurance that the Secretary of State will use his powers under Section 46 of the 1997 Act to make such extensions and modifications.

8. These key principles are proposed because if the age of leaving statutory learning to 18 is to be the success it needs to be - for young people, their families, employers, and thus the economy of the country - every young person must be assured of these quality support services and programmes: it must not be left to chance. Ministers and future governments must be required to act through strengthened duties rather than powers; parliament would then be required to vote sufficient resources to fulfil these crucial duties. Learning and work choices affect not only individuals but their role in society, and their contribution to the economic and social health of the nation.

 

 

 

 

 

 

 

 

 


APPENDIX 1

THE 1997 Education Act - Sections 43-46

 

Part VII Careers education and guidance

43 Provision of careers education in schools

(1) All registered pupils at a school to which this section applies must be provided, during the relevant phase of their education, with a programme of careers education.

(2) This section applies to-

(a) county and voluntary schools;

(b) grant-maintained schools;

(c) maintained or grant-maintained special schools (other than those established in hospitals);

(d) city technology colleges and city colleges for the technology of the arts; and

(e) pupil referral units.

(3) It is the duty of each of the following to secure that subsection (1) is complied with, namely-

(a) in the case of a school falling within subsection (2) (a) to (c), the governing body of the school and its head teacher,

(b) in the case of a school falling within subsection (2) (d), the proprietors of the school and its head teacher, and

(c) in the case of a pupil referral unit, the local education authority maintaining the unit and the teacher in charge of it.

(4) Each of sections 496 and 497 of the [1996 c. 56.] Education Act 1996 (default powers of Secretary of State) shall, in relation to the duty imposed by subsection (3) above, have effect as if any reference to a body to which that section applies included a reference to the proprietors of a school falling within subsection (2)(d) above.

(5) For the purposes of this section the relevant phase of a pupil's education is the period-

(a) beginning at the same time as the school year in which the majority of pupils in his class attain the age of 14; and

(b) ending with the expiry of the school year in which the majority of pupils in his class attain the age of 16.

(6) In this section-

"career" includes the undertaking of any training, employment or occupation or any course of education;

"careers education" means education designed to prepare persons for taking decisions about their careers and to help them implement such decisions;

"class", in relation to a particular pupil, means-

(a) the teaching group in which he is regularly taught, or

(b) if he is taught in different groups for different subjects, such one of those groups as is designated by the head teacher of the school or, in the case of a pupil at a pupil referral unit, by the teacher in charge of the unit.

 

44 Schools and other institutions to co-operate with careers advisers

(1) Where a careers adviser has responsibilities in relation to persons attending an educational institution to which this section applies, he shall on request be provided with-

(a) the name and address of every relevant pupil or student at the institution; and

(b) any information in the institution's possession about any such pupil or student which the careers adviser needs in order to be able to provide him with advice and guidance on decisions about his career or with other information relevant to such decisions.

(2) If the registered address of a parent of any such pupil is different from the pupil's registered address, subsection (1) (a) requires the parent's address to be provided as well.

(3) Paragraph (a) or (as the case may be) paragraph (b) of subsection (1) does not, however, apply to any pupil or student to the extent that-

(a) (where he is under the age of 18) a parent of his, or

(b) (where he has attained that age) he himself,

has indicated that any information falling within that paragraph should not be provided to the careers adviser.

(4) Where a careers adviser has responsibilities in relation to persons attending an educational institution to which this section applies, he shall on request be permitted to have, in the case of any relevant pupil or student specified by him, access to that person-

(a) on the institution's premises, and

(b) at a reasonable time agreed by or on behalf of the head teacher, principal or other head of the institution,

for the purpose of enabling him to provide that person with advice and guidance on decisions about his career and with any other information relevant to such decisions.

(5) Such access shall include an opportunity for the careers adviser to interview that person about his career, if he agrees to be so interviewed.

(6) Where a careers adviser has responsibilities in relation to persons attending an educational institution to which this section applies, he shall on request be permitted to have, in the case of any group of relevant pupils or students specified by him, access-

(a) to that group of persons in the manner specified in subsection (4) (a) and (b), and

(b) to such of the institution's facilities as can conveniently be made available for his use,

for the purpose of enabling him to provide those persons with group sessions on any matters relating to careers or to advice or guidance about careers.

(7) Any request made for the purposes of subsection (1), (4) or (6) must be made in writing to the head teacher, principal or other head of the institution in question.

(8) This section applies to-

(a) the schools listed in section 43(2) (a) to (d); and

(b) institutions within the further education sector.

(9) It is the duty of each of the following to secure that subsections (1), (4) and (6) are complied with, namely-

(a) in the case of a school falling within section 43(2)(a) to (c) or an institution within the further education sector, the governing body of the school or institution and its head teacher, principal or other head, and

(b) in the case of a school falling within section 43(2) (d), the proprietors of the school and its head teacher;

and section 43(4) shall apply in relation to that duty as it applies in relation to the duty imposed by section 43(3).

(10) For the purposes of this section-

(a) a pupil at a school is a relevant pupil-

(i) at any time during the period which is the relevant phase of his education for the purposes of section 43, or

(ii) if he is over compulsory school age and receiving secondary education; and

(b) a person is a relevant student at an institution within the further education sector if he is receiving at the institution either-

(i) full-time education, or

(ii) part-time education of a description commonly undergone by persons in order to fit them for employment.

(11) For the purposes of this section-

(a) "careers adviser" means a person who is employed by a body providing services in pursuance of arrangements made or directions given under section 10 of the [1973 c. 35.] Employment and Training Act 1973 and who is acting, in the course of his employment by that body, for the purposes of the provision of any such services; and

(b) a careers adviser has responsibilities for any persons if his employment by that body includes the provision of any such services for them.

(12) In this section "career" has the same meaning as in section 43.

45 Provision of careers information at schools and other institutions

(1) Persons attending an educational institution to which this section applies must be provided with access to both-

(a) guidance materials, and

(b) a wide range of up-to-date reference materials,

relating to careers education and career opportunities.

(2) This section applies to-

(a) the schools listed in section 43(2) (a) to (d); and

(b) institutions within the further education sector.

(3) It is the duty of each of the following to secure that subsection (1) is complied with, namely-

(a) in the case of a school falling within section 43(2)(a) to (c) or an institution within the further education sector, the governing body of the school or institution and its head teacher, principal or other head, and

(b) in the case of a school falling within section 43(2) (d), the proprietors of the school and its head teacher;

and section 43(4) shall apply in relation to that duty as it applies in relation to the duty imposed by section 43(3).

(4) The persons who under subsection (3) above are responsible for discharging that duty in relation to an institution shall seek assistance with discharging it from a body providing services in pursuance of arrangements made or directions given under section 10 of the [1973 c. 35.] Employment and Training Act 1973.

(5) In this section "career" and "careers education" have the same meaning as in section 43.

(6) Nothing in this section applies to any primary school.

46 Extension or modification of provisions of ss. 43 to 45

(1) The Secretary of State may by regulations extend the scope of operation of section 43 or section 44 by substituting for the period specified in section 43(5) or section 44(10)(a)(i) such other period as is specified.

(2) The Secretary of State may by regulations make provision for extending the scope of operation of section 43, 44 or 45 to primary schools or to any specified description of such schools.

(3) The Secretary of State may by regulations make provision for requiring-

(a) the governing bodies of institutions within the further education sector, and

(b) the principals or other heads of such institutions,

to secure that a programme of careers education is provided for any specified description of persons attending such institutions.

(4) The Secretary of State may by regulations amend the definition of "careers adviser" set out in section 44(11) (a).

(5) In this section-

"careers education" has the same meaning as in section 43;

"specified" means specified in the regulations in question.

 

 

 

 

 

 

 

 

 

 

 


APPENDIX 2

 

THE 2000 Learning and Skills Act - Sections 114-122, 140

These sections are reproduced below because CLAUSE 64 of the Education & Skills Bill proposes to repeal clauses 114-121 (which repeals the Secretary of State's powers and subsequent duties).

Section 122 is reproduced below as this Section extended the powers of the INSPECTORATE to inspect 'careers services' as provided under the Secretary of State's duty in the 1973 Employment & Training Act as amended in 1993 (see appendix 3). This power of inspection is important in respect of the comments we make on the Education & Skills Bill's clauses above.

 

 

Support for 13 to 19 year olds: England

114 Provision of services

(1) The Secretary of State may provide or secure the provision of services which he thinks will encourage, enable or assist (directly or indirectly) effective participation by young persons in education or training.

(2) In securing the provision of those services the Secretary of State may, in particular-

(a) make arrangements with local authorities and other persons for the provision of services;

(b) direct local education authorities to provide services, to secure the provision of services or to participate in the provision of services.

(3) Arrangements and directions under subsection (2) may include provision-

(a) for grants, loans and other kinds of financial assistance to be provided by the Secretary of State (whether or not on conditions);

(b) requiring persons with whom arrangements are made or to whom directions are given to have regard to guidance issued by the Secretary of State.

(4) In this section "young persons" means persons who have attained the age of 13 but not the age of 20.

(5) A direction under this section may be revoked or varied by a later direction.

115 Consultation and coordination

(1) Before providing or securing the provision of services of the kind mentioned in section 114(1) for residents of a particular place or area, the Secretary of State shall consult each of the following with responsibility for all or part of the place or area-

(a) a local authority,

(b) a Health Authority,

(c) a chief officer of police,

(d) a police authority,

(e) a probation committee,

(f) a youth offending team, and

(g) a Primary Care Trust.

(2) The Secretary of State shall also consult-

(a) any voluntary body which provides services for young persons in the place or area concerned and which the Secretary of State thinks it appropriate to consult, and

(b) such other persons as he thinks appropriate.

(3) Subsection (4) applies where the Secretary of State-

(a) provides or proposes to provide, or

(b) secures or proposes to secure the provision of,

services of the kind mentioned in section 114(1) for the residents of a particular place or area.

(4) Where this subsection applies, persons and bodies listed in subsection (1) with responsibility for all or part of that place or area shall-

(a) exercise their functions so as to support and assist the services provided, secured or proposed by the Secretary of State, and

(b) coordinate the exercise of their functions, so far as seems reasonable, with persons providing those services.

(5) Subsection (4) shall not require persons or bodies to take action which would significantly interfere with the efficient or effective exercise of their functions.

116 Local education authorities

(1) A local education authority-

(a) may enter into arrangements under section 114(2) (a) for the provision of services of the kind mentioned in section 114(1),

(b) shall comply with a direction given to it under section 114(2) (b), and

(c) may provide, secure the provision of or participate in the provision of services of the kind mentioned in section 114(1) otherwise than in accordance with paragraph (a) or (b).

(2) Action which a local education authority takes in pursuance of subsection (1) may relate to services for a person from another area.

(3) For the purpose of subsection (1) a local education authority may-

(a) incur expenditure;

(b) form companies;

(c) employ officers;

(d) enter into agreements for the supply of goods or services;

(e) do anything else which they consider necessary or expedient.

(4) Nothing in or done under section 114 shall prejudice any power of a local education authority to provide services or incur expenditure.

117 Educational institutions: information and access

(1) Where a person is involved in the provision of services in pursuance of section 114(1), an educational institution to which this section applies shall, for the purpose of the provision of those services-

(a) provide him on request with the name and address of a pupil or student;

(b) provide him on request with the name and address of a parent of a pupil or student;

(c) provide him on request with information in the institution's possession about a pupil or student;

(d) permit him to have access to a pupil or student on the institution's premises at reasonable times;

(e) make available to him, so far as is reasonably convenient, facilities on the institution's premises for providing services to individual pupils or students or groups of pupils or students.

(2) Information shall not be provided under subsection (1) (c)-

(a) in the case of a pupil or student who has not attained the age of 16, if a parent of his has instructed the institution not to provide information of that kind under this section, or

(b) in the case of a pupil or student who has attained the age of 16, if he has instructed the institution not to provide information of that kind under this section.

(3) This section applies to the following institutions-

(a) community, foundation and voluntary schools,

(b) community or foundation special schools (other than those established in hospitals),

(c) city technology colleges, city colleges for the technology of the arts and city academies,

(d) pupil referral units,

(e) institutions within the further education sector, and

(f) institutions in receipt of funding from the Learning and Skills Council for England.

118 Inspection

(1) Her Majesty's Chief Inspector of Schools in England-

(a) shall advise the Secretary of State on request about matters relating to services provided in pursuance of section 114(1),

(b) may give the Secretary of State other advice about those matters,

(c) shall, when requested to do so by the Secretary of State, inspect and report on the provision of those services, and

(d) may undertake such other inspections of the provision of those services as he thinks fit.

(2) A request under subsection (1) (c)-

(a) may be general or in relation to specific matters,

(b) may relate to a specific person or institution providing services, or to a specific class of person or institution, 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) (c) or (d) of services provided by a person or institution in pursuance of section 114(1).

(5) A person carrying out or participating in the inspection shall have the same powers as an Inspector of Schools under the following provisions of the [1996 c. 57.] School Inspections Act 1996-

(a) section 3(3) (a) and (b) (right of access), and

(b) section 42 (computer records).

(6) Section 42A of the 1996 Act (publication of reports) shall apply.

(7) A person who wilfully obstructs a person in carrying out or participating in the inspection-

(a) shall be guilty of an offence, and

(b) shall be liable on summary conviction to a fine not exceeding level 4 on the standard scale.

119 Information: supply by Secretary of State

(1) The Secretary of State may supply information, including social security information, to any civil servant or other person for the purpose of the provision of services of the kind mentioned in section 114(1).

(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 [1992 c. 4.] Social Security Contributions and Benefits Act 1992, or

(b) the [1992 c. 5.] Social Security Administration Act 1992.

(3) For the purposes of subsection (2) "personal information" means, in relation to a young person-

(a) his name, address and date of birth, and

(b) the name and address of a parent of his.

(4) A person commits an offence if he discloses information supplied to him under subsection (1) unless the disclosure is made-

(a) for the purpose of the provision of services in pursuance of section 114(1),

(b) in accordance with an enactment or an order of a court,

(c) for the purpose of actual or contemplated proceedings before a court,

(d) with consent given by or on behalf of the person to whom the information relates, or

(e) 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 to prove that he reasonably believed that his disclosure was lawful.

(6) A person guilty of an offence under this section shall be liable-

(a) on conviction on indictment, to imprisonment for a term not exceeding two years, to a fine or to both, or

(b) on summary conviction, to imprisonment for a term not exceeding six months, to a fine not exceeding the statutory maximum or to both.

120 Information: supply by public bodies

(1) For the purpose of the provision of services in pursuance of section 114(1), any of the persons or bodies mentioned in subsection (2) may supply information about a young person-

(a) to the Secretary of State;

(b) to any other person or body involved in the provision of those services.

(2) Those persons and bodies are-

(a) a local authority,

(b) a Health Authority,

(c) the Learning and Skills Council for England,

(d) a chief officer of police,

(e) a probation committee,

(f) a youth offending team, and

(g) a Primary Care Trust.

121 Supplementary

(1) In sections 114 to 120-

"local authority" has the meaning given by section 579(1) of the [1996 c. 56.] Education Act 1996 (interpretation),

"Health Authority" has the meaning given by section 8 of the [1977 c. 49.] National Health Service Act 1977,

"parent", in relation to a child, means a person who has parental responsibility for him within the meaning of section 3 of the [1989 c. 41.] Children Act 1989,

"probation committee" means a committee established under section 3 of the [1993 c. 47.] Probation Service Act 1993,

"police authority" has the meaning given by section 101 of the [1996 c. 16.] Police Act 1996,

"young person" has the meaning given by section 114(4), and

"youth offending team" means a team established under section 39 of the [1998 c. 37.] Crime and Disorder Act 1998.

(2) The power under section 114 shall not be used to provide or secure the provision of services outside England.

122 Careers services

The following shall be inserted after section 10A of the [1973 c. 50.] Employment and Training Act 1973 (careers services)-

"10B Inspection

(1) Her Majesty's Chief Inspector of Schools in England-

(a) shall advise the Secretary of State on request about matters relating to services provided in England in pursuance of section 8 or 9,

(b) may give the Secretary of State other advice about those matters,

(c) shall, when requested to do so by the Secretary of State, inspect and report on the provision of those services by any person or institution, and

(d) may undertake such other inspections of the provision of those services by persons or institutions as he thinks fit.

(2) A request under subsection (1) (c)-

(a) may be general or in relation to specific matters,

(b) may relate to a specific person or institution providing services, or to a specific class of person or institution, and

(c) may relate to a specific area.

(3) An inspection under subsection (1) (c) or (d) may not relate to services provided for persons who have attained the age of 20.

(4) A reference in subsection (1) to the provision of services includes a reference to the management and use of resources in providing services.

(5) Subsections (6) to (8) apply to an inspection under subsection (1)(c) or (d) of services provided in pursuance of arrangements under section 10(1) of this Act.

(6) A person carrying out or participating in the inspection shall have the same powers as an Inspector of Schools under the following provisions of the School Inspections Act 1996-

(a) section 3(3) (a) and (b) (right of access), and

(b) section 42 (computer records).

(7) Section 42A of the 1996 Act (publication of reports) shall apply.

(8) A person who wilfully obstructs a person in carrying out or participating in the inspection-

(a) shall be guilty of an offence, and

(b) shall be liable on summary conviction to a fine not exceeding level 4 on the standard scale."

140 Assessments relating to learning difficulties

(1) Subsection (2) applies if-

(a) a local education authority maintains a statement of special educational needs for a person under section 324 of the Education Act 1996, and

(b) the Secretary of State believes that the person will leave school at the end of his last year of compulsory schooling to receive post-16 education or training (within the meaning of Part I of this Act) or higher education (within the meaning of the [1988 c. 40.] Education Reform Act 1988).

(2) The Secretary of State must arrange for an assessment of the person to be conducted at some time during the person's last year of compulsory schooling.

(3) The Secretary of State may at any time arrange for an assessment to be conducted of a person-

(a) who is in his last year of compulsory schooling or who is over compulsory school age but has not attained the age of 25,

(b) who appears to the Secretary of State to have a learning difficulty (within the meaning of section 13), and

(c) who is receiving, or in the Secretary of State's opinion is likely to receive, post-16 education or training (within the meaning of Part I of this Act) or higher education (within the meaning of the [1988 c. 40.] Education Reform Act 1988).

(4) For the purposes of this section an assessment of a person is an assessment resulting in a written report of-

(a) his educational and training needs, and

(b) the provision required to meet them.

(5) A local education authority must send a copy of a statement maintained by it under section 324 of the [1996 c. 56.] Education Act 1996 to the Secretary of State on his request.

(6) In its application to Wales this section shall have effect with the following modifications (in addition to those specified in section 150)-

(a) the reference to Part I of this Act shall be construed as a reference to Part II, and

(b) the reference to section 13 shall be construed as a reference to section 41.


APPENDIX 3

 

The Employment and Training Act 1973 as amended in 1993 and 2000 Sections 8-10

 

Careers services

Annotations:

Amendments (Textual) F1Ss. 8-10 substituted (30.11.1993) by 1993 c. 19, s.45; S.I. 1993/2503, art. 2(2), Sch.2.

F18 Duty of Secretary of State to ensure provision of careers services for school and college students

(1)It shall be the duty of the Secretary of State to secure the provision of relevant services for assisting persons undergoing relevant education to decide-

(a) what employments, having regard to their capabilities, will be suitable for and available to them when they cease undergoing such education, and

(b) what training or education is or will be required by and available to them in order to fit them for those employments,

and for assisting persons ceasing to undergo relevant education to obtain such employments, training and education.

(2)In subsection (1) of this section and section 9 of this Act "relevant services" means-

(a) giving of assistance by collecting, or disseminating or otherwise providing, information about persons seeking, obtaining or offering employment, training and education,

(b) offering advice and guidance, and

(c) other services calculated to facilitate the provision of any services specified in paragraphs (a) and (b) of this subsection.

(3)In this section and section 9 of this Act "relevant education" means-

(a) education involving full-time attendance at any educational institution in Great Britain, other than an educational institution within the higher education sector, and

(b) education involving part-time attendance at any educational institution in Great Britain, other than an educational institution within the higher education sector, which is education of a description commonly undergone by persons in order to fit them for employment.

(4)The references in subsection (3) of this section to an educational institution within the higher education sector shall be construed-

(a)as respects England and Wales, in accordance with section 91(5) of the M1Further and Higher Education Act 1992 or, if this section is in force at any time before section 65 of that Act comes into force, in accordance with section 61(3)(a) of that Act until that section comes into force, and

(b) as respects Scotland, in accordance with section 56(2) of the M2Further and Higher Education (Scotland) Act 1992.

Annotations:

Amendments (Textual) F1Ss. 8-10 substituted (30.11.1993) by 1993 c. 19, s.45; S.I. 1993/2503, art. 2(2), Sch.2.

Marginal Citations M11992 c. 13.

M21992 c. 37.

F19 Power of Secretary of State to arrange for provision of careers services for others

The Secretary of State shall have power to secure the provision of relevant services, or any description of relevant services, for assisting persons other than those undergoing relevant education, or any description of such persons, to decide-

(a) what employments, having regard to their capabilities, are or will be suitable for and available to them, and

(b) what training or education is or will be required by and available to them in order to fit them for those employments,

and for assisting those persons to obtain such employments, training and education.

Annotations:

Amendments (Textual)

F1Ss. 8-10 substituted (30.11.1993) by 1993 c. 19, s.45; S.I. 1993/2503, art. 2(2), Sch.2.

F110 Provision of services

(1)The Secretary of State may perform the duty imposed on him by section 8 of this Act, and exercise the power conferred on him by section 9 of this Act, by making arrangements with-

(a) local education authorities or (in Scotland) education authorities,

(b) persons of any other description, or

(c) local education authorities or education authorities and persons of any other description acting jointly,

under which they undertake to provide, or arrange for the provision of, services in accordance with the arrangements; and in doing so the Secretary of State shall have regard to the requirements of disabled persons.

(2)The Secretary of State may also perform the duty imposed on him by section 8 of this Act, and exercise the power conferred on him by section 9 of this Act, by giving directions to local education authorities or education authorities requiring them to provide, or arrange for the provision of, services in accordance with the directions; and in doing so the Secretary of State shall have regard to the requirements of disabled persons.

(3)Directions given under this section may require local education authorities and education authorities-

(a) to provide services themselves or jointly with other authorities or persons,

(b) to arrange for the provision of services by other authorities or persons, or

(c) to consult and co-ordinate in the provision, or in arranging for the provision, of services with other authorities or persons.

(4)Arrangements made, and directions given, under this section may include provision for the making of payments by the Secretary of State, whether by way of grant or loan or otherwise, to the persons with whom they are made or to whom they are given.

(5)Arrangements made, and directions given, under this section in exercise of the power conferred by section 9 of this Act may include provision permitting the making of charges for the provision of the services to which they relate.

(6)Arrangements made, and directions given, under this section shall require the person with whom they are made or to whom they are given-

(a)to provide, or arrange for the provision, of services in accordance with such guidance of a general character as the Secretary of State may give, and

(b)to furnish the Secretary of State, in such manner and at such times as he may specify in the arrangements or directions or in guidance given under paragraph (a) of this subsection, with such information and facilities for obtaining information as he may so specify.

(7)The Secretary of State may give directions to local education authorities and education authorities requiring them to transfer (on such terms as may be specified in the directions) to any persons who are providing, or are to provide, services in accordance with arrangements made, or directions given, under this section any records of the authorities which may be relevant in the provision of the services.

(8)Local education authorities and education authorities shall have power-

(a)to provide services or arrange for the provision of services in accordance with arrangements made, or directions given, under this section (including services provided outside their areas) by any such means (including by the formation of companies for the purpose) as they consider appropriate, and

(b) to employ officers and provide facilities for and in connection with the provision of the services or arranging for the provision of the services;

but, where directions are given to local education authorities and education authorities, the power conferred on them by this subsection shall be exercised in accordance with the directions.

(9)Where services are being provided in pursuance of arrangements made, or directions given, under this section, the authority with whom the arrangements are made or to whom the directions have been given shall have power, with the consent of the Secretary of State, to provide, or arrange for the provision of, more extensive (relevant) services than the arrangements authorise or the directions require and to employ more officers and provide more facilities accordingly.

(10)Nothing in sections 8 and 9 and this section shall make it unlawful for a local education authority or education authority to defray the cost of exercising their powers under this section from resources other than payments of the Secretary of State.

(11)A direction given under this section may be revoked or varied by another direction so given.

(12)Nothing in this section shall be taken to limit the arrangements which may be made under section 2 of this Act.]

Annotations:

Amendments (Textual)

F1Ss. 8-10 substituted (30.11.1993) by 1993 c. 19, s.45; S.I. 1993/2503, art. 2(2), Sch.2.

[F110A Provision of ancillary goods and services

(1)The functions of a local education authority or education authority shall include power to enter into agreements for the supply of goods or services authorised by this section with any person (other than an authority) who provides, or arranges for the provision of, relevant services and is a person with whom this section authorises such arrangements to be made.

(2)This section authorises the making of such arrangements with any person-

(a) who, under arrangements (or joint arrangements) made with that person under section 10(1) or (3) of this Act provides, or arranges for the provision of, the services;

(b) who provides the services jointly with an authority under section 10(3) of this Act;

(c) who is the means by which, under section 10(8), an authority provides, or arranges for the provision of, the services.

(3)Subject to subsections (4), (5) and (6) below, this section authorises-

(a) the supply by the authority to the person of any goods;

(b) the provision by the authority for the person of any administrative, professional or technical services;

(c)the use by the person of any vehicle, plant or apparatus belonging to the authority and, without prejudice to paragraph (b) above, the placing at the disposal of the person of the services of any person employed in connection with the vehicle or other property in question;

(d) the carrying out by the authority of works of maintenance in connection with land or buildings for the maintenance of which the person is responsible;

and the authority may purchase and store any goods which in their opinion they may require for the purposes of paragraph (a) above.

(4)The supply by an authority of goods or services to any person is authorised by this section only for the purpose of the provision by that person of relevant services.

(5)The supply by an authority of goods or services to any person is authorised by this section only during the period of two years beginning with the day on which that person first provides relevant services in the area of that authority.

(6)Goods and services shall be supplied on such terms as can reasonably be expected to secure that the full cost of making the supply is recovered by the authority.

(7)The supply by an authority of goods or services to any person is authorised outside as well as within the area of that authority.

(8)This section is without prejudice to the generality of any other enactment conferring functions on local education authorities or education authorities.

(9)In this section-

"goods" includes materials; and

"relevant services" has the meaning given in section 8(2) of this Act.]

Annotations:

Amendments (Textual) F1S. 10A inserted (1.4.1994 in relation to England and Scotland and 1.4.1995 for all other purposes) by 1993 c. 19, s.46; S.I. 1993/2503, art. 2(3), Sch.3.

[F110B Inspection

(1)Her Majesty's Chief Inspector of Schools in England-

(a) shall advise the Secretary of State on request about matters relating to services provided in England in pursuance of section 8 or 9,

(b) may give the Secretary of State other advice about those matters,

(c)shall, when requested to do so by the Secretary of State, inspect and report on the provision of those services by any person or institution, and

(d) may undertake such other inspections of the provision of those services by persons or institutions as he thinks fit.

(2)A request under subsection (1) (c)-

(a) may be general or in relation to specific matters,

(b) may relate to a specific person or institution providing services, or to a specific class of person or institution, and

(c) may relate to a specific area.

(3)An inspection under subsection (1) (c) or (d) may not relate to services provided for persons who have attained the age of 20.

(4)A reference in subsection (1) to the provision of services includes a reference to the management and use of resources in providing services.

(5)Subsections (6) to (8) apply to an inspection under subsection (1) (c) or (d) of services provided in pursuance of arrangements under section 10(1) of this Act.

(6)A person carrying out or participating in the inspection shall have the same powers as an Inspector of Schools under the following provisions of the School Inspections Act 1996-

(a) section 3(3) (a) and (b) (right of access), and

(b) section 42 (computer records).

(7)Section 42A of the 1996 Act (publication of reports) shall apply.

(8)A person who wilfully obstructs a person in carrying out or participating in the inspection-

(a) shall be guilty of an offence, and

(b) shall be liable on summary conviction to a fine not exceeding level 4 on the standard scale.]

Annotations: Amendments (Textual) F1S. 10B inserted (1.4.2001) by 2000 c. 21, s. 122 (with s. 150); S.I. 2001/654, art. 2(2), Sch. Pt. II (with savings and transitional provisions in art. 3)

February 2008