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| |
| |
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| | (a) | the host authority are of the opinion that the person has, or may |
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| | have, a learning difficulty (within the meaning of section 15ZA), |
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| | |
| | (b) | the home authority are a local education authority in England, |
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| | | the host authority must, on the person’s release, notify the home authority |
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| | |
| | |
| | (a) | the host authority are of the opinion that the person has, or may |
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| | have, a learning difficulty (within the meaning of section 41 of |
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| | the Learning and Skills Act 2000 (assessments relating to |
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| | learning difficulties: Wales)) and |
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| | (b) | the home authority are a local education authority in Wales, |
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| | | the host authority must, on the person’s release, notify the Welsh |
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| | Ministers of their opinion. |
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| | |
| | |
| | In performing their functions under this Chapter a local authority must |
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| | have regard to any guidance issued by the appropriate national authority. |
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| | 562I | Interpretation of Chapter |
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| | |
| | “beginning of the detention”, in relation to a person detained in relevant |
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| | youth accommodation, means— |
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| | (a) | the beginning of the period of detention in that accommodation, |
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| | |
| | (b) | where that period is part of a continuous period, comprising— |
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| | (i) | periods of detention in relevant youth |
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| | accommodation and in other accommodation, |
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| | |
| | (ii) | periods of detention pursuant to two or more |
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| | |
| | | the beginning of that continuous period; |
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| | “looked after child” means a person who, for the purposes of the Children |
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| | Act 1989 is a child looked after by a local authority; and references to the |
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| | local authority looking after the person are to be read accordingly; |
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| | “the appropriate national authority” means— |
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| | (c) | in relation to England, the Secretary of State; |
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| | (d) | in relation to Wales, the Welsh Ministers; |
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| | |
| | (e) | in relation to a child or young person who immediately before the |
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| | beginning of the detention was, or at any time since then has |
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| | been, a looked after child, means the local education authority |
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| | who are the local authority looking after, or who have most |
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| | recently been looking after, the person; |
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| | (f) | in relation to any other child or young person, means the local |
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| | education authority in whose area the person is ordinarily |
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| | |
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| |
| |
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| | “the host authority”, in relation to a child or young person detained in |
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| | relevant youth accommodation, means the local education authority in |
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| | whose area the child or young person is detained; |
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| | “young person” includes a person aged 18. |
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| | (2) | In determining for the purpose of subsection (1) where a child or young |
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| | person is ordinarily resident, any period when the person is subject to a |
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| | detention order is to be disregarded. |
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| | (3) | Regulations made by the appropriate national authority may make further |
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| | provision for determining where a person is ordinarily resident for the |
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| | purpose of that subsection.”’. |
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| | Member’s explanatory statement
|
|
| | This new clause replaces clause 49 and inserts a new Chapter into the Education Act 1996 to make |
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| | further provision for persons detained in relevant youth accommodation including for those with |
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| | special educational needs. New section 562E provides for the transfer of information relating to |
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| | |
| |
| | Detention of child or young person: local education authorities to be notified |
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| |
| |
| | |
| To move the following Clause:— |
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| | ‘After section 39 of the Crime and Disorder Act 1998 (c. 37) insert— |
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| | “39A | Detention of child or young person: local education authorities to be |
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| | |
| | (1) | Subsection (2) applies where a youth offending team becomes aware |
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| | |
| | (a) | a child or young person has become subject to a detention order |
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| | and is detained in relevant youth accommodation, or |
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| | (b) | a child or young person who is subject to a detention order has |
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| | been transferred from one place of accommodation to another |
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| | which is relevant youth accommodation. |
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| | (2) | The youth offending team must as soon as practicable notify— |
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| | (a) | the home local education authority, and |
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| | (b) | the host local education authority, |
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| | | of the place where the child or young person is detained. |
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| | (3) | Subsection (4) applies where a youth offending team becomes aware that |
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| | a person has been released having immediately before release been— |
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| | (a) | subject to a detention order, and |
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| | (b) | detained in relevant youth accommodation. |
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| | (4) | The youth offending team must as soon as practicable notify the |
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| | following authorities of the release— |
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| | (a) | the home local education authority; |
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| | (b) | the host local education authority; |
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|
|
| |
| |
|
| | (c) | any other local education authority in whose area the youth |
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| | offending team expects the person to live on release. |
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| | (5) | Nothing in this section requires a youth offending team to notify a local |
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| | education authority of any matter of which the authority is already aware. |
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| | |
| | “home local education authority”, in relation to a child or young person, |
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| | means the local education authority which is the home authority in |
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| | relation to that person within the meaning of Chapter 5A of Part 10 of the |
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| | Education Act 1996 (persons detained in youth accommodation); |
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| | “host local education authority”, in relation to a child or young person who |
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| | is detained in relevant youth accommodation, means the local education |
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| | authority for the area in which that person is detained; |
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| | “young person” includes a person who is aged 18; |
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| | | and references in this section to a person subject to a detention order and |
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| | to relevant youth accommodation have the same meanings as they have |
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| | 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 |
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| | that a child or young person has been detained, transferred, or released from relevant youth |
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| | |
| |
| | Release from detention of child or young person with special educational needs |
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| |
| |
| | |
| To move the following Clause:— |
|
| | ‘(1) | The Education Act 1996 (c. 56) is amended as follows. |
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| | (2) | After section 312 insert— |
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| | “312A | Children subject to detention |
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| | (1) | No provision of, or made under, this Part applies in relation to a child |
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| | who is subject to a detention order and detained in relevant youth |
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| | |
| | (2) | The following provisions of this section apply where a child who has |
|
| | been subject to a detention order is released having, immediately before |
|
| | release, been detained in relevant youth accommodation. |
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| | (3) | Subject to subsection (5), a statement which was maintained for the child |
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| | by a local education authority under section 324 immediately before the |
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| | beginning of the detention is, from the child’s release, to be treated as |
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| | being maintained by that authority under section 324. |
|
| | (4) | In subsection (3) “the beginning of the detention” means— |
|
| | (a) | the beginning of the period of detention in relevant youth |
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| | |
|
|
| |
| |
|
| | (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 orders of |
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| | |
| | | the beginning of that continuous period. |
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| | (5) | Where, on the child’s release, a local education authority (“the new |
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| | authority”) other than the authority mentioned in subsection (3) (“the old |
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| | authority”) becomes responsible for the child for the purposes of this |
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| | |
| | (a) | the old authority must transfer the statement to the new authority, |
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| | |
| | (b) | from the child’s release, the statement is to be treated as being |
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| | maintained by the new authority under section 324.” |
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| | (3) | In section 328(5) (reviews of educational needs), at the end of paragraph (a) (but |
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| | |
| | “(aa) | where the child concerned— |
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| | (i) | has been subject to a detention order, and |
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| | (ii) | immediately before release was detained in relevant |
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| | |
| | | on the child’s release from detention,”.’. |
|
| | Member’s explanatory statement
|
|
| | This new clause inserts new provisions into Part 4 of the Education Act 1996 to suspend that Part |
|
| | while a person is detained in relevant youth accommodation and make provision for a statement |
|
| | of special educational needs maintained before a person’s detention to be revived and reviewed |
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| | |
| |
| | Sharing of information for education and training purposes |
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| |
| |
| | |
|
| To move the following Clause:— |
|
| | ‘(1) | A person within subsection (3) may provide information to another person within |
|
| | that subsection, or a person within subsection (4), for the purpose of enabling or |
|
| | facilitating the exercise of any relevant function. |
|
| | (2) | A person within subsection (4) may provide information to a person within |
|
| | subsection (3) for the purpose of enabling or facilitating the exercise of any |
|
| | |
| | (3) | The persons within this subsection are— |
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| | |
| | (b) | the Young People’s Learning Agency for England; |
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| | |
| | (d) | a member of the Chief Executive’s staff; |
|
| | (e) | a member of staff of a designated person; |
|
| | (f) | a person providing services to any person within paragraphs (a) to (c). |
|
|
|
| |
| |
|
| | (4) | The persons within this subsection are— |
|
| | (a) | a local education authority in England; |
|
| | (b) | a person providing services to a local education authority in England in |
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| | |
| | (5) | In subsections (1) and (2), “relevant function” means— |
|
| | (a) | any function of the Chief Executive, |
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| | (b) | any function of the Young People’s Learning Agency for England, or |
|
| | (c) | any function conferred on a local education authority in England in its |
|
| | |
| | | other than a function under this section. |
|
| | |
| | “the Chief Executive” means the Chief Executive of Skills Funding; |
|
| | “designated person” means a person by whom any function of the Chief |
|
| | Executive is exercisable by virtue of section 79(1); |
|
| | “member of staff of a designated person” means a person— |
|
| | (a) | appointed by a designated person to assist the designated person |
|
| | in connection with the performance of any function exercisable |
|
| | by the designated person by virtue of section 79(1), or |
|
| | (b) | exercising any function of the Chief Executive by virtue of |
|
| | |
| | “member of the Chief Executive’s staff” means— |
|
| | (c) | a member of the Chief Executive’s staff appointed by the Chief |
|
| | Executive under paragraph 3 of Schedule 4, or |
|
| | (d) | a member of staff provided to the Chief Executive by the |
|
| | Secretary of State under arrangements under paragraph 5 of that |
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| | |
| | (7) | Nothing in this section— |
|
| | (a) | affects any power to disclose information that exists apart from this |
|
| | |
| | (b) | authorises the disclosure of any information in contravention of any |
|
| | provision made by or under any Act which prevents disclosure of the |
|
| | |
| | Member’s explanatory statement
|
|
| | This new clause replaces clause 119 to allow information sharing between bodies and persons |
|
| | replacing the Learning and Skills Council. It differs from clause 119 in not extending local |
|
| | education authorities’ existing statutory powers to share information with each other and in |
|
| | defining “member of the Chief Executive‘s staff”. |
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| |
| | |
| |
| |
| |
| | |
| To move the following Clause:— |
|
| | ‘(1) | A local education authority may provide registered students at— |
|
| | (a) | a sixth form college, or |
|
|
|
| |
| |
|
| | (b) | a further education college, |
|
| | | who are over compulsory school age, but under 19, with lunches. |
|
| | (2) | Where provision is made under subsection (1) it shall be made in a case within |
|
| | paragraph (a) or (b) of that subsection, either on the college premises or at any |
|
| | other place where education is being provided. |
|
| | (3) | A local education authority shall exercise its power under subsection (1) to |
|
| | provide college lunches for any person if— |
|
| | (a) | any prescribed requirements are met, |
|
| | (b) | a request for the provision of college lunches has been made by or on |
|
| | behalf of that person to the authority, and |
|
| | |
| | (i) | that person is eligible for free lunches (as defined by section |
|
| | 512ZB (4) of the Education Act 1996, or |
|
| | (ii) | in the case of a person within subsection (1) (a), it would not be |
|
| | unreasonable for the authority to provide the lunches. |
|
| | (4) | Where the local education authority provides lunch in accordance with subsection |
|
| | (3) to a person who is eligible for free lunches, the authority shall provide the |
|
| | |
| |
| | Further provision about transport policy statements |
|
| |
| |
| |
| | |
| To move the following Clause:— |
|
| | ‘(1) | In section 509AB of the Education Act 1996 (c. 56) omit subsection (3)(d) and |
|
| | insert after subsection (7)— |
|
| | “(8) | In preparing a statement under that section a local education authority has |
|
| | a duty to provide affordable transport.”.’. |
|
| |
| | Complaints about transport arrangements |
|
| |
| |
| |
| | |
| To move the following Clause:— |
|
| | ‘(1) | After section 509AE of the Education Act 1996 (complaints about transport |
|
| | arrangements etc for persons of sixth form age in England) insert— |
|
|