House of Commons Amendments

House of Commons

Session 2008 - 09
Internet Publications
Other Bills before Parliament

Public Bill Committee: 12 March 2009
275

Apprenticeships, Skills, Children and Learning Bill, continued

“Chapter 5A

Persons detained in youth accommodation

Provisions applying to detained persons

562A
Application of Act to detained persons

(1)
In its application in relation to detained persons, this Act has effect

subject to modifications prescribed by regulations made by the

appropriate national authority.

(2)
In this Chapter, references to a detained person are to a child or young

person who is—

(a)
subject to a detention order, and

(b)
detained in relevant youth accommodation.

562B
Duty to take steps to promote fulfilment of potential

(1)
Subsection (2) applies in relation to a detained person who is not a looked

after child.

(2)
The home authority must—

(a)
during the period of detention in relevant youth accommodation,

and

(b)
on the person’s release from detention in relevant youth

accommodation,


take such steps as they consider appropriate to promote the person’s

fulfilment of his or her learning potential.

(3)
Those steps must include, where it appears to the home authority

appropriate for them to do so, making arrangements for the provision, on

the person’s release from detention—

(a)
of education, or

(b)
in the case of a person who is over compulsory school age, of

education or training.

(4)
Where the host authority make any determination as to the education or

training to be provided for a detained person, the authority must have

regard to any information provided by the home authority under section

562E for the purpose of assisting any such determination.

562C
Detained persons with special educational needs

(1)
This section applies where, immediately before the beginning of the

detention, a local education authority were maintaining a statement under

section 324 for a detained person.

(2)
The authority must keep the statement while the person is detained in

relevant youth accommodation.

(3)
The host authority must use best endeavours to secure that appropriate

special educational provision is made for the detained person while the

person is detained in relevant youth accommodation.

(4)
For the purposes of subsection (3), appropriate special educational

provision is—

(a)
the special educational provision that, immediately before the

beginning of the detention, was specified in the statement,

Public Bill Committee: 12 March 2009
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Apprenticeships, Skills, Children and Learning Bill, continued

(b)
educational provision corresponding as closely as practicable to

the special educational provision that was then specified in the

statement, or

(c)
if it appears to the host authority that the special educational

provision specified in the statement is no longer appropriate for

the person, such special educational provision as reasonably

appears to the host authority to be appropriate for the person.

562D
Appropriate special educational provision: arrangements between

local education authorities

(1)
This section applies where appropriate special educational provision is

secured for a person under section 562C.

(2)
A local education authority may supply goods and services to—

(a)
the host authority, or

(b)
any other person making the educational provision in question.

(3)
Goods and services may be supplied under subsection (2) only for the

purpose of assisting the making or securing of that educational provision.

Provision of information relating to detained persons

562E
Provision of information about detained persons

(1)
Any person who has provided education or training for a detained person

(whether before or during the period of detention) may provide

information relating to the detained person to—

(a)
the home authority, or

(b)
the host authority,


for the purposes of, or in connection with, the provision of education or

training for the detained person.

(2)
A local education authority must, on a request under subsection (3), as

soon as practicable provide to the person making the request such

information that they hold relating to a detained person as is requested.

(3)
A request is made under this subsection if it—

(a)
is made by a person within subsection (4), and

(b)
asks only for information which the person requires for the

purposes of, or in connection with, the provision of education or

training for the detained person (including education or training

to be provided after the person’s release from detention).

(4)
Those persons are—

(a)
any other local education authority;

(b)
a youth offending team established under section 39 of the Crime

and Disorder Act 1998;

(c)
the person in charge of any place at which the child or young

person is detained or is expected to be detained;

(d)
any person providing or proposing to provide education or

training for the child or young person.

(5)
The Welsh Ministers must, on a request by the home authority or the host

authority, provide a copy of any relevant assessment report for the

purposes of the exercise of any function of that authority under section

18A or this Chapter.

Public Bill Committee: 12 March 2009
277

Apprenticeships, Skills, Children and Learning Bill, continued

(6)
In subsection (5), “relevant assessment report” means a report of an

assessment of a detained person conducted (whether before or during the

period of detention)—

(a)
under section 140 of the Learning and Skills Act 2000, and

(b)
by virtue of arrangements made by the Welsh Ministers.

(7)
In this section any reference to the host authority, in relation to a detained

person, includes a reference to any local education authority in whose

area the person is expected to be detained.

562F
Information to be provided where statement of special educational

needs previously maintained

(1)
This section applies in relation to a detained person if, immediately

before the beginning of the detention, a local education authority were

maintaining a statement under section 324 for the person.

(2)
Subsection (3) applies where the home authority become aware (whether

by notice under section 39A(2) of the Crime and Disorder Act 1998

(detention of child or young person: local education authorities to be

notified) or otherwise)—

(a)
that the person—

(i)
has become subject to a detention order, and

(ii)
is detained in relevant youth accommodation, or

(b)
that the person has been transferred from one place of

accommodation to another place of accommodation which is

relevant youth accommodation.

(3)
Where the home authority are not the host authority—

(a)
if, immediately before the beginning of the detention, they were

maintaining the statement, they must send a copy of the

statement to the host authority;

(b)
if they are or become aware that, immediately before the

beginning of the detention, another local education authority

were maintaining a statement for the person under section 324,

they must notify the host authority of that fact.

(4)
A local education authority who immediately before the beginning of the

detention were maintaining a statement for the person under section 324

must, on a request by the host authority, send a copy of the statement to

the host authority.

(5)
Where the person is released from detention in relevant youth

accommodation, the host authority must notify—

(a)
the home authority, and

(b)
if different, the authority who, immediately before the beginning

of the detention, were maintaining the statement under section

324,


of the person’s release.

(6)
If the home authority are not the authority who immediately before the

beginning of the detention were maintaining the statement, the host

authority must also notify the home authority—

(a)
of the fact that immediately before the beginning of the detention

a statement was being maintained for the person by a local

education authority under section 324, and

Public Bill Committee: 12 March 2009
278

Apprenticeships, Skills, Children and Learning Bill, continued

(b)
of the identity of that authority.

562G
Release of detained person appearing to host authority to require

assessment

(1)
This section applies in relation to the release from detention in relevant

youth accommodation of a detained person in relation to whom section

562F does not apply.

(2)
Subsection (3) applies where it appears to the host authority that the

detained person will, on release, be a child within the meaning of Part 4.

(3)
If the host authority are of the opinion that the person has, or may have,

special educational needs, they must, on the person’s release, notify the

home authority of their opinion.

(4)
Subsections (5) and (6) apply where, on release, the detained person—

(a)
will be over compulsory school age, or

(b)
within one year will cease to be of compulsory school age.

(5)
If—

(a)
the host authority are of the opinion that the person has, or may

have, a learning difficulty (within the meaning of section 15ZA),

and

(b)
the home authority are a local education authority in England,


the host authority must, on the person’s release, notify the home authority

of their opinion.

(6)
If—

(a)
the host authority are of the opinion that the person has, or may

have, a learning difficulty (within the meaning of section 41 of

the Learning and Skills Act 2000 (assessments relating to

learning difficulties: Wales)) and

(b)
the home authority are a local education authority in Wales,


the host authority must, on the person’s release, notify the Welsh

Ministers of their opinion.

Supplementary

562H
Guidance

In performing their functions under this Chapter a local authority must

have regard to any guidance issued by the appropriate national authority.

562I
Interpretation of Chapter

(1)
In this Chapter—

“beginning of the detention”, in relation to a person detained in relevant

youth accommodation, means—

(a)
the beginning of the period of detention in that accommodation,

or

(b)
where that period is part of a continuous period, comprising—

(i)
periods of detention in relevant youth

accommodation and in other accommodation,

or

(ii)
periods of detention pursuant to two or more

court orders,

Public Bill Committee: 12 March 2009
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Apprenticeships, Skills, Children and Learning Bill, continued


the beginning of that continuous period;

“looked after child” means a person who, for the purposes of the Children

Act 1989 is a child looked after by a local authority; and references to the

local authority looking after the person are to be read accordingly;

“the appropriate national authority” means—

(c)
in relation to England, the Secretary of State;

(d)
in relation to Wales, the Welsh Ministers;

‘“the home authority”—

(e)
in relation to a child or young person who immediately before the

beginning of the detention was, or at any time since then has

been, a looked after child, means the local education authority

who are the local authority looking after, or who have most

recently been looking after, the person;

(f)
in relation to any other child or young person, means the local

education authority in whose area the person is ordinarily

resident;

“the host authority”, in relation to a child or young person detained in

relevant youth accommodation, means the local education authority in

whose area the child or young person is detained;

“young person” includes a person aged 18.

(2)
In determining for the purpose of subsection (1) where a child or young

person is ordinarily resident, any period when the person is subject to a

detention order is to be disregarded.

(3)
Regulations made by the appropriate national authority may make further

provision for determining where a person is ordinarily resident for the

purpose of that subsection.”’.

Member’s explanatory statement

This new clause replaces clause 49 and inserts a new Chapter into the Education Act 1996 to make

further provision for persons detained in relevant youth accommodation including for those with

special educational needs. New section 562E provides for the transfer of information relating to

detained persons.

Detention of child or young person: local education authorities to be notified

Jim Knight

Mr Siôn Simon

NC18


To move the following Clause:—

‘After section 39 of the Crime and Disorder Act 1998 (c. 37) insert—

“39A
Detention of child or young person: local education authorities to be

notified

(1)
Subsection (2) applies where a youth offending team becomes aware

that—

(a)
a child or young person has become subject to a detention order

and is detained in relevant youth accommodation, or

Public Bill Committee: 12 March 2009
280

Apprenticeships, Skills, Children and Learning Bill, continued

(b)
a child or young person who is subject to a detention order has

been transferred from one place of accommodation to another

which is relevant youth accommodation.

(2)
The youth offending team must as soon as practicable notify—

(a)
the home local education authority, and

(b)
the host local education authority,


of the place where the child or young person is detained.

(3)
Subsection (4) applies where a youth offending team becomes aware that

a person has been released having immediately before release been—

(a)
subject to a detention order, and

(b)
detained in relevant youth accommodation.

(4)
The youth offending team must as soon as practicable notify the

following authorities of the release—

(a)
the home local education authority;

(b)
the host local education authority;

(c)
any other local education authority in whose area the youth

offending team expects the person to live on release.

(5)
Nothing in this section requires a youth offending team to notify a local

education authority of any matter of which the authority is already aware.

(6)
In this section—

“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 Chapter 5A of Part 10 of the

Education Act 1996 (persons detained in youth accommodation);

“host local education authority”, in relation to a child or young person who

is detained in relevant youth accommodation, means the local education

authority for the area in which that person is detained;

“young person” includes a person who is aged 18;


and references in this section to a person subject to a detention order and

to relevant youth accommodation have the same meanings as they have

in the Education Act 1996 (see section 562(1A) of that Act).”’.

Member’s explanatory statement

This new clause replaces clause 50 and inserts a new section 39A into the Crime and Disorder Act

1998 requiring youth offending teams to notify home and host authorities when they become aware

that a child or young person has been detained, transferred, or released from relevant youth

accommodation.

Release from detention of child or young person with special educational needs

Jim Knight

Mr Siôn Simon

NC19


To move the following Clause:—

‘(1)
The Education Act 1996 (c. 56) is amended as follows.

(2)
After section 312 insert—