Apprenticeships, Skills, Children and Learning Bill

House of Commons

Session 2008 - 09
Internet Publications
Other Bills before Parliament

Apprenticeships, Skills, Children and Learning Bill

Apprenticeships, Skills, Children and Learning Bill
Part 2 — LEA functions
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The core and additional entitlements
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Duties in relation to the core and additional entitlements
After section 17 of the Education Act 1996 insert—
“The core and additional entitlements: England
17A
Duties in relation to the core and additional entitlements
5
(1)
A local education authority in England must exercise their functions in
such a way as to secure that the core entitlement and the additional
entitlement are satisfied in relation to persons in their area who are over
compulsory school age but under 19.
(2)
A local education authority in England must exercise their functions
10
with a view to securing that courses of study within all the additional
entitlement areas are made available to persons in their area who are
over compulsory school age but under 19.
(3)
Subsection (2) does not apply to the extent that an authority decide that
making available a course of study within a particular entitlement area
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would involve disproportionate expenditure.
(4)
An authority may comply with subsection (2) by securing that courses
of study are available either within or outside their area.
(5)
Subsection (2) does not entitle a person—
(a)
to follow a course of study within a particular additional
20
entitlement area, or
(b)
to follow more than one course of study within different
additional entitlement areas.

(See section 17D for provision conferring entitlement in relation to the
additional entitlement areas.)
25
(6)
In exercising their functions as required by this section, a local
education authority in England must have regard to any guidance
given from time to time by the Secretary of State.
(7)
In this section—
“additional entitlement area” has the meaning given by section
30
17D(2);
“the additional entitlement” has the meaning given by section
17D;
“the core entitlement” has the meaning given by section 17C.
(8)
In this section and sections 17C and 17D “course of study” means a
35
course of education or training leading to a qualification specified, or a
qualification of a description specified, by the Secretary of State by
order for the purposes of this subsection.
17B
Entitlement to education and training for 16 to 18 year olds
A person who is over compulsory school age but under 19 may elect for
40
either or both of—
(a)
the core entitlement (see section 17C), and
(b)
the additional entitlement (see section 17D).

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17C
The core entitlement
(1)
The core entitlement is an entitlement to follow a course of study in
each of the core subjects chosen by the person electing for the
entitlement (the “chosen core subjects”).
(2)
The core subjects are—
5
(a)
mathematics;
(b)
English;
(c)
information and communication technology.
(3)
The core entitlement is satisfied in relation to a person if a course of
study in each of the chosen core subjects is made available to the person
10
at a school or institution.
(4)
A person’s entitlement to follow a course of study in one of the chosen
core subjects ceases if—
(a)
a course of study in the subject is made available to the person,
but
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(b)
the person does not begin the course of study before reaching
the age of 19.
17D
The additional entitlement
(1)
The additional entitlement is an entitlement to follow a course of study
in an additional entitlement area.
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(2)
An additional entitlement area is an area specified by the Secretary of
State by order for the purposes of this subsection.
(3)
The additional entitlement is satisfied in relation to a person if a course
of study in one of the additional entitlement areas is made available to
the person at a school or institution.
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(4)
A person’s entitlement to follow a course of study in an additional
entitlement area ceases if—
(a)
a course of study in the subject is made available to the person,
but
(b)
the person does not begin the course of study before reaching
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the age of 19.”
Provision of boarding accommodation: persons subject to learning difficulty assessment
45
Provision of boarding accommodation: persons subject to learning difficulty
assessment
After section 514 of the Education Act 1996 (c. 56) insert—
35
“514A
Provision of boarding accommodation for persons subject to learning
difficulty assessment
(1)
A local education authority in England may secure the provision of
boarding accommodation in connection with the provision of
education or training for a person in their area who is—
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(a)
over compulsory school age but under 25, and
(b)
subject to learning difficulty assessment.

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(2)
A local education authority may secure the provision of boarding
accommodation under subsection (1) either within or outside their
area.
(3)
For the purposes of subsection (1) it is immaterial who provides, or
secures the provision of, the education or training.
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(4)
Section 15ZA(9) (persons subject to learning difficulty assessment)
applies for the purposes of this section as it applies for the purposes of
section 15ZA.
(5)
In this section “education” and “training” have the same meanings as in
section 15ZA.”
10
Work experience
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Work experience for persons over compulsory school age
After section 560 of the Education Act 1996 (c. 56) insert—
“560A
Work experience for persons over compulsory school age: England
(1)
A local education authority in England may secure the provision of
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work experience for persons in their area—
(a)
who are over compulsory school age but under 19, or
(b)
who are aged 19 or over but under 25 and are subject to learning
difficulty assessment.
(2)
A local education authority in England must—
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(a)
encourage participation in work experience by persons in their
area who are within subsection (1)(a) or (b);
(b)
encourage employers to participate in the provision of work
experience for such persons.
(3)
Section 15ZA(9) (persons subject to learning difficulty assessment)
25
applies for the purposes of this section as it applies for the purposes of
section 15ZA.”
Persons detained in youth accommodation
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Provision of education for persons subject to youth detention
After section 18 of the Education Act 1996 insert—
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“18A
Provision of education for persons subject to youth detention
(1)
A local education authority must secure that—
(a)
enough suitable education is provided to meet the reasonable
needs of children subject to youth detention in their area;
(b)
enough suitable education and training is provided to meet the
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reasonable needs of persons who are—
(i)
over compulsory school age but under 19, and
(ii)
subject to youth detention in their area.

Apprenticeships, Skills, Children and Learning Bill
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(2)
In deciding for the purposes of subsection (1) whether education or
training is suitable to meet persons’ reasonable needs, a local education
authority must (in particular) have regard to—
(a)
the persons’ ages, abilities and aptitudes;
(b)
any special educational needs or learning difficulties (within
5
the meaning of section 15ZA(7) and (8)) the persons may have.
(3)
In performing the duty imposed by subsection (1), a local education
authority must have regard to any guidance issued—
(a)
in the case of a local education authority in England, by the
Secretary of State;
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(b)
in the case of a local education authority in Wales, by the Welsh
Ministers.
(4)
For the purposes of subsection (1), a person is subject to youth
detention in the area of a local education authority if—
(a)
subject to a detention order, and
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(b)
detained in relevant youth accommodation in the area of the
authority.
(5)
Subsection (1A) of section 562 (meaning of references to a person
subject to a detention order and relevant youth accommodation)
applies for the purposes of this section as it applies for the purposes of
20
that section.”
48
Persons detained in youth accommodation: application of provisions
(1)
Section 562 of the Education Act 1996 (c. 56) (Act not to apply to persons
detained under order of a court) is amended as follows.
(2)
In subsection (1)—
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(a)
for “detained in pursuance of an order made by a court or of an order
of recall made by the Secretary of State” substitute “subject to a
detention order and is detained in accommodation that is not relevant
youth accommodation”, and
(b)
for “a person who is detained in pursuance of such an order” substitute
30
“such a person”.
(3)
After that subsection insert—
“(1A)
For the purposes of this section—
(a)
a person is subject to a detention order if detained in pursuance
of—
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(i)
an order made by a court, or
(ii)
an order of recall made by the Secretary of State, and
(b)
relevant youth accommodation is accommodation which—
(i)
is youth detention accommodation (within the meaning
given by section 107(1) of the Powers of Criminal Courts
40
(Sentencing) Act 2000), and
(ii)
is not in a young offender institution, or part of such an
institution, that is used wholly or mainly for the
detention of persons aged 18 and over.”
(4)
In subsection (2), for “subsection (1)” substitute “this section”.
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(5)
In the title, after “apply to” insert “certain”.
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Persons detained in youth accommodation: further provision
(1)
The Education Act 1996 (c. 56) is amended as follows.
(2)
After section 562 insert—
“Chapter 5A
5
Persons detained in youth accommodation
562A
Duty to take steps to promote fulfilment of potential
(1)
This section applies where a child or young person is—
(a)
subject to a detention order, and
(b)
detained in relevant youth accommodation.
10
(2)
The home authority must, both during the period of detention and
upon the person’s release from detention, take such steps as they
consider appropriate to promote the person’s fulfilment of his or her
learning potential.
(3)
In this section, “home authority”, in relation to a child or young person,
15
means the local education authority in whose area the child or young
person is ordinarily resident.
(4)
For the purposes of determining where a child or young person is
ordinarily resident, any period when the person is subject to a
detention order is to be disregarded.
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562B
Application of Act to detained persons
In its application in relation to children and young persons who are—
(a)
subject to a detention order, and
(b)
detained in relevant youth accommodation,
this Act has effect subject to modifications prescribed by regulations
25
made by the appropriate national authority.
562C
Guidance
In performing their functions under this Chapter a local authority must
have regard to any guidance issued by the appropriate national
authority.
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562D
Interpretation of Chapter
(1)
Subsection (1A) of section 562 (meaning of references to a person
subject to detention and relevant youth accommodation) applies for the
purposes of this Chapter as it applies for the purposes of that section.
(2)
In this Chapter—
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“the appropriate national authority” means—
(a)
in relation to England, the Secretary of State;
(b)
in relation to Wales, the Welsh Ministers.
“young person” includes a person aged 18.”

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(3)
After section 569 insert—
“569A
Regulations made by Welsh Ministers under Chapter 5A
(1)
Any power of the Welsh Ministers to make regulations under Chapter
5A shall be exercised by statutory instrument.
(2)
A statutory instrument containing any such regulations made by the
5
Welsh Ministers shall be subject to annulment in pursuance of a
resolution of the National Assembly for Wales.
(3)
Any such regulations may make different provision for different cases,
circumstances or areas and may contain such incidental, supplemental,
saving or transitional provisions as the Welsh Ministers think fit.”
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(4)
In section 579(1) (general interpretation)—
(a)
in the definition of “prescribed”, after ““prescribed”” insert “(except in
Chapter 5A)”;
(b)
in the definition of “regulations”, after ““regulations”” insert “(except in
Chapter 5A)”.
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Detention of child or young person: local education authority to be notified
In section 39 of the Crime and Disorder Act 1998 (c. 37) (youth offending
teams), after subsection (7) add—
“(8)
Subsection (9) applies where a youth offending team becomes aware
that a child or young person has become subject to a detention order
20
and is detained in relevant youth accommodation.
(9)
The youth offending team must as soon as practicable notify the home
local education authority of the child or young person of the place
where the child or young person is detained.
(10)
In subsections (8) and (9)—
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“home local education authority”, in relation to a child or young
person, means the local education authority which is the home
authority in relation to that person, within the meaning of
section 562A of the Education Act 1996 (duty to take steps to
promote fulfilment of potential);
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“young person” includes a person who is aged 18;

and subsection (1A) of section 562 of that Act (meaning of references to
a person subject to a detention order and relevant youth
accommodation) applies for the purposes of this section as it applies for
the purposes of that section.”
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Transport in England
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Transport policy statements for persons of sixth form age: consultation
In section 509AB(6) of the Education Act 1996 (c. 56) (people to be consulted
when preparing transport policy statements for persons of sixth form age in
England), in paragraph (c), before “and” insert—
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“(ca)
persons in the local education authority’s area who will be of
sixth form age when the statement has effect, and their
parents,”.