House of Commons Amendments

House of Commons

Session 2008 - 09
Internet Publications
Other Bills before Parliament

Public Bill Committee: 17 March 2009
375

Apprenticeships, Skills, Children and Learning Bill, continued

(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,


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;

Public Bill Committee: 17 March 2009
376

Apprenticeships, Skills, Children and Learning Bill, continued

“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

(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;

Public Bill Committee: 17 March 2009
377

Apprenticeships, Skills, Children and Learning Bill, continued

(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—

“312A
Children subject to detention

(1)
No provision of, or made under, this Part applies in relation to a child

who is subject to a detention order and detained in relevant youth

accommodation.

(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.

(3)
Subject to subsection (5), a statement which was maintained for the child

by a local education authority under section 324 immediately before the

beginning of the detention is, from the child’s release, to be treated as

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

accommodation, or

Public Bill Committee: 17 March 2009
378

Apprenticeships, Skills, Children and Learning Bill, continued

(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

any court,


the beginning of that continuous period.

(5)
Where, on the child’s release, a local education authority (“the new

authority”) other than the authority mentioned in subsection (3) (“the old

authority”) becomes responsible for the child for the purposes of this

Part—

(a)
the old authority must transfer the statement to the new authority,

and

(b)
from the child’s release, the statement is to be treated as being

maintained by the new authority under section 324.”

(3)
In section 328(5) (reviews of educational needs), at the end of paragraph (a) (but

before “and”) insert—

“(aa)
where the child concerned—

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

(ii)
immediately before release was detained in relevant

youth accommodation,


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

on their release.

Sharing of information for education and training purposes

Jim Knight

Mr Siôn Simon

NC20


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

relevant function.

(3)
The persons within this subsection are—

(a)
the Chief Executive;

(b)
the Young People’s Learning Agency for England;

(c)
a designated person;

(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).

Public Bill Committee: 17 March 2009
379

Apprenticeships, Skills, Children and Learning Bill, continued

(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

its capacity as such.

(5)
In subsections (1) and (2), “relevant function” means—

(a)
any function of the Chief Executive,

(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

capacity as such,


other than a function under this section.

(6)
In 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

section 79(4);

“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

Schedule.

(7)
Nothing in this section—

(a)
affects any power to disclose information that exists apart from this

section, or

(b)
authorises the disclosure of any information in contravention of any

provision made by or under any Act which prevents disclosure of the

information.’.

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”.

Free school meals

Mr David Laws

Stephen Williams

Annette Brooke

NC1

To move the following Clause:—

‘(1)
A local education authority may provide registered students at—

(a)
a sixth form college, or

Public Bill Committee: 17 March 2009
380

Apprenticeships, Skills, Children and Learning Bill, continued

(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

(c)
either—

(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

meal free of charge.’.

Further provision about transport policy statements

Mr David Laws

Stephen Williams

Annette Brooke

NC2

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

Mr David Laws

Stephen Williams

Annette Brooke

NC3

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—