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Clause 41: Encouragement of education and training for persons over compulsory school age
102. This clause inserts section 15ZC into the Education Act 1996 and requires local education authorities to encourage young people for whom they are responsible to participate in education and training. This will enable local education authorities to encourage full participation in education and training before the provision in section 10 of the Education and Skills Act 2008 (to promote fulfilment of the provisions to raise the participation age) comes into force in 2013. Section 15ZC also requires local education authorities to encourage employers to participate in the provision and delivery of post-16 education and training as they will have a particular role in relation to the provision of diplomas and apprenticeships.
Clause 42: LEA directions: children over compulsory school age
103. This clause amends the definition of a ‘“child” in section 84 of the School Standards and Framework Act 1998 so that it includes children over compulsory school age but under 19 for the purposes of sections 96 and 97 in England. This enables a local education authority in England to use its powers under section 96 and 97 to direct a maintained school for which it is not the admissions authority to admit a particular child to its sixth form. Subsection (3) amends section 96(3) of that Act to ensure that any permitted academic selection criteria adopted by a school (including the school sixth form) are satisfied by the child before the local education authority may use its powers to direct the school to admit that child.
Clause 43: Power to require provision of education by institution within further education sector
104. This clause inserts new section 51A into the Further and Higher Education Act 1992 and applies to England only. It replicates, for local education authorities, the Learning and Skills Council’s existing power to direct institutions within the further education sector in England which provide education suitable to the requirements of young people over compulsory school age but under 19, to provide specified young people of that age and within their authority’s area with such education. The governing body of such an institution must comply with the direction. In exercising this power, a local education authority must have regard to any guidance provided by the Secretary of State.
The core and additional entitlements
Clause 44: Duties in relation to the core and additional entitlements
105. This clause inserts four new sections (sections 17A, 17B, 17C, 17D) into the Education Act 1996. It places responsibility for securing the core entitlement and the additional entitlement (defined in section 17A(7)) for all young people who are over compulsory school age but under 19, on local education authorities (rather than the Learning and Skills Council, where the responsibility currently lies).
106. The core entitlement is to a course of study in mathematics, English and information and communications technology.
107. The additional entitlement is to a course of study in a diploma entitlement area specified by the Secretary of State.
108. New section 17A(1) and (2) places a duty on the local education authority to exercise its functions with a view to securing that the core entitlement and courses of study within all the additional entitlement areas are made available in relation to young people in their area who are over compulsory school age but under 19. The intention is that the additional entitlement refers to the diploma entitlement. In securing the additional (diploma) entitlement, local education authorities are able to take into account whether providing a particular course would involve disproportionate expenditure, in which case the requirement to secure the course would not apply (subsection (3)). The entitlement does not entitle a young person to follow a course of study within a particular additional (diploma) entitlement area or to follow more than one course of study within different (diploma) entitlement areas (subsection (5)). A local education authority may satisfy the entitlement by securing that courses of study are available either within or outside their local education authority boundaries (subsection (4)).
109. Subsection (8) defines “course of study” for the purposes of the core and additional (diploma) entitlements. It does so by reference to the resulting qualification, and enables the Secretary of State to specify by order (subject to the negative resolution procedure) both the type and the level of the qualification. Local education authorities must have regard to statutory guidance issued by the Secretary of State in exercising their functions under this section (subsection (6)).
110. New section 17B describes the entitlements. Young people who are over compulsory school age but under 19 may elect for either or both of the core entitlement and the additional (diploma) entitlement.
111. New section 17C defines the core entitlement, which is to follow courses of study in mathematics, English and information and communications technology. The entitlement is satisfied if a course of study in each of the subjects is made available to a young person. The entitlement will cease if a course of study is made available but not begun before a person’s 19th birthday.
112. New section 17D provides that the additional entitlement is to follow a course of study in an entitlement area. Additional entitlement areas refer to diploma lines which will be specified by the Secretary of State. The entitlement is satisfied if a course of study in one of the entitlement areas is made available to a young person. The entitlement will cease if a course of study is made available but not begun before a person’s 19th birthday.
Provision of boarding accommodation: persons subject to learning assessment
Clause 45: Provision of boarding accommodation: persons subject to learning difficulty assessment
113. This clause inserts a new section 514A into the Education Act 1996. It enables local education authorities, when securing suitable education and training provision for young people with learning difficulties who are over compulsory school age but under 25, also to secure boarding accommodation for these learners, either within or outside their local authority area, where they consider it appropriate.
Work experience
Clause 46: Work experience for persons over compulsory school age
114. This clause inserts a new section 560A into the Education Act 1996, providing local education authorities with a power to secure the provision of work experience for people within their area who are over compulsory school age but under 19, and those aged 19 but under 25 for whom a learning difficulty assessment has been (or should be) conducted. This also places local education authorities under a duty to encourage these learners to participate in work experience, and to encourage employers to provide opportunities for work experience.
Persons detained in youth accommodation
Clause 47: Provision of education for persons subject to youth detention
115. This clause inserts a new section 18A into the Education Act 1996.
116. New section 18A will have the effect that local education authorities in England and Wales (LEAs) with relevant youth accommodation in their area (“host authorities”) will be required to secure that enough suitable education and training is provided to meet the reasonable needs of the children and young people in the youth justice system who are held in those establishments.
117. “Relevant youth accommodation” is defined in section 562(1A) of the Education Act 1996 (as amended by clause 48 of this Bill) and covers most kinds of youth detention accommodation (which, in turn is defined in section 107 of the Powers of the Criminal Courts (Sentencing) Act 2000 as a young offender institution, secure training centre and accommodation provided by or on behalf of a local education authority (or the Secretary of State under section 82(5) of the Children Act 1989) for the purpose of restricting the liberty of children and young persons. There is also power for the Secretary of State under section 107(1)(e) of the Powers of the Criminal Courts (Sentencing) Act 2000 to specify other accommodation by order.) However, “relevant youth accommodation” does not include Young Offender Institutions (YOIs) accommodating 18-20 year olds.
118. LEAs will not therefore be responsible for securing the provision of education in YOIs accommodating 18-20 year olds. In England this will be the responsibility of the Chief Executive of Skills Funding under clause 92. In Wales this will remain the responsibility of the Welsh Ministers under section 32 of the Learning and Skills Act 2000.
119. Local education authorities will be required to have regard to guidance issued by the Secretary of State for England and the Welsh Ministers for Wales when exercising their functions under this provision.
Clause 48: Persons detained in youth accommodation: application of provisions
120. Under section 562 of the Education Act 1996, functions of LEAs, the Secretary of State, the Welsh Ministers and parents under the Education Act 1996 (and those Education Acts read as one with that Act) do not apply in relation to persons detained pursuant to a court order or an order of recall of the Secretary of State.
121. Clause 48 reverses the effect of section 562 for children and young people detained in relevant youth accommodation. Therefore, functions of LEAs, the Secretary of State, the Welsh Ministers and parents under those Acts will generally apply towards such persons detained pursuant to a court order or an order of recall of the Secretary of State in relevant youth accommodation.
122. This clause applies to England and Wales.
123. New section 562B of the Education Act 1996 (inserted by clause 49 of this Bill) provides a power to prescribe for certain modifications to be made to provisions of the Education Acts in their application to children and young people who are detained. The power will be exercisable by the Secretary of State for England and the Welsh Ministers for Wales.
Clause 49: Persons detained in youth accommodation: further provision
124. This clause inserts a new Chapter 5A into the Education Act 1996 after section 562 of that Act.
125. New section 562A of that Act imposes responsibilities on home LEAs in England and Wales — the local education authority where the young person is ordinarily resident (excluding any period when the person is subject to a detention order) — to monitor the education or training of a child or young person subject to a detention order. The home LEA will have to take such steps as they consider appropriate to promote the person’s fulfilment of his or her learning potential while they are in custody and on their release.
126. Following the amendments made to section 13A of the Education Act 1996 by clause 56 and Schedule 2 to the Bill, Host LEAs will be required under that section to exercise their functions under section 18A of that Act (inserted by clause 47) with a view to promoting the fulfilment by every child concerned of his or her educational potential.
127. New section 562C of the Education Act 1996 inserted by clause 49 requires LEAs when they are exercising any of their functions under new Chapter 5A to have regard to any guidance issued by the Secretary of State for England and the Welsh Ministers for Wales.
Clause 50: Detention of child or young person: local education authority to be notified
128. Clause 50 inserts new subsections (8), (9) and (10) into section 39 of the Crime and Disorder Act 1998 and requires Youth Offending Teams in England and Wales (established under section 39 of that Act) to notify the person’s home LEA when they become aware that a child or young person has been detained in relevant youth accommodation. “Home LEA” here has the same meaning as it has in section 562A of the Education Act 1996 (inserted by clause 49 of the Bill).
Transport in England
129. Local education authorities have a duty under section 509AA of the Education Act 1996 to publish an annual transport policy statement setting out the transport provision they will make to facilitate the attendance of young people of sixth form age at establishments of education and training. LEAs also have a duty to make the transport arrangements they deem necessary to support adults to attend institutions of education and training. Clauses 51 to 54 amend the sixth form duty so that young people and their parents will be consulted in the drawing up of transport policy statements, so that the statements provide sufficient information to inform young people’s and their parents’ choice between establishments, and so that the statements may be revised in response to complaints. The clauses also re-enact the adult transport duty and place a new duty on LEAs to set out in a transport policy statement the arrangements they will make for learners aged 19 to 24 (inclusive) who may have a learning difficulty.
Clause 51: Transport policy statements for persons of sixth form age: consultation
130. Section 509AB of the 1996 Act contains requirements about the preparation of transport policy statements for people of sixth form age. Clause 51 amends section 509AB to add people who will be of sixth form age when the statement has effect and their parents to the list of persons or bodies LEAs must consult when preparing the statements.
Clause 52: Transport policy statements for persons of sixth form age: content and publication
131. Clause 52 amends section 509AB to insert a new subsection (7A). This requires LEAs to have regard to the need to include sufficient information in their transport policy statement, and the need to publish the statement in good time, so that young people and their parents are able to take account of those matters when choosing an establishment.
132. Subsection (2) amends section 509AA so that the Secretary of State has more freedom than before to amend the provision about when statements must be published. Previously the Secretary of State could choose a deadline only within the calendar year during which the academic year started; now he or she will be free to choose an earlier deadline.
Clause 53: Complaints about transport arrangements etc for persons of sixth form age
133. This clause inserts section 509AE into the Education Act 1996, which makes provision about sixth form transport complaints. A sixth form transport complaint is a complaint about how an LEA have carried out (or failed to carry out) their transport responsibilities in relation to people of sixth form age. It can be made by a person who is (or will) be of sixth form age at the relevant time, or the person’s parent.
134. Section 509AE(1) allows LEAs to revise transport policy statements to amend transport provision or financial assistance arrangements as a result of a sixth form transport complaint, if they deem this to be necessary. Section 509AE(2) requires them to do so if the Secretary of State directs them to as a result of a sixth form transport complaint. Section 509AE(3) states that any LEA who amend their statement following a complaint must publish the revised statement as soon as practicable, along with a description of the changes. Under section 509AE(4) the Secretary of State need not consider whether to use direction making powers in response to a sixth form transport complaint unless it has already been brought to the attention of the LEA concerned and the LEA have had a reasonable opportunity to investigate and respond.
135. Section 509AE(7) provides that where an authority have published their sixth form statement and their transport policy statement for adult learners in the same document, the requirement in section 509AE(3) to publish a revised statement is to be read as a requirement to publish a version of the document that includes the revised statement.
136. Subsections (3) to (6) of clause 53 amend the Secretary of State’s direction-giving powers to make clear that they are subject to section 509AE.
Clause 54: Local education authorities in England: provision of transport etc for adult learners
137. This clause inserts two new sections into the Education Act 1996.
138. New section 508F re-enacts section 509 of the 1996 Act (which is repealed) in respect of LEAs’ travel duties towards adult learners. It continues to impose a duty on LEAs to make any transport or other arrangements that they consider necessary, or that the Secretary of State directs, for the purpose of facilitating the attendance of learners who are aged 19 and over at certain education institutions. The transport must be provided free of charge. The LEA must have regard to the age of the learner, and the nature of the route, when considering what arrangements to make. Also, the authority may pay all or part of the reasonable travel expenses of a learner for whose transport no arrangements are made.
139. New section 508G places a new duty on LEAs to make available in a transport policy statement information about the travel provision they have put in place for people aged 19 to 24 (inclusive) in respect of whom the LEA have carried out or are under a duty to carry out a learning difficulty assessment under section 139A or 140 of the Learning and Skills Act 2000. LEAs may publish this information in a joint statement with their sixth form transport policy statement under section 509AA of the 1996 Act, or as a separate statement if they prefer. This measure is designed to ensure that young people with learning difficulties aged 19 to 24 (inclusive) and their parents are able to access information about what transport is available, so that they are able to make informed choices between institutions.
140. When preparing the statement, the LEA are required to consult other LEAs, education institutions, affected learners and their parents. The authority must also have regard to guidance about the preparation of the statement.
141. Under subsections (2) to (4) of section 508G, the statement must specify any transport or other arrangements, any payment of travel expenses, and any concessionary schemes which the LEA plans to make available to this group of learners in the following academic year. Subsection (5) of that section states that the statement must be published by the end of May before the start of the relevant academic year, in line with the sixth form transport policy statement duty. Subsection (6) of the section requires the LEA to have regard to the need to supply sufficient information and the need to publish the statement in good time, so that, as with the sixth form transport policy statement duty, young people and their parents are able to use this information to help them choose their institution. Section 508G(8) enables LEAs to make additional arrangements, payments or concessions which are not included in the statement during the course of the year. Section 508G(9) allows the Secretary of State to amend subsection (5) to change the deadline for publication of the statement.
Powers in respect of non-maintained schools
Clause 55: Power of LEAs to arrange provision of education at non-maintained schools
142. This clause repeals section 128 of the School Standards and Framework Act 1998. Section 128 amended section 16 of the Education Act 1996 and substituted a new section 18 in that Act. The new section 18 gave the Secretary of State the power to make regulations, under which a LEA could assist primary and secondary schools outside the maintained sector, or make arrangements for pupils to be educated at such schools—an assisted places scheme. The section has never been commenced, and the Government therefore now considers that it should be repealed. The effect of the repeal is that the original section 18 remains in force. LEAs will continue to retain powers under sections 16 and 18 of the Education Act 1996 to assist, and arrange provision of education at, non-maintained schools.
PART 3: THE YOUNG PEOPLE’S LEARNING AGENCY FOR ENGLAND
143. Clause 40 imposes a new duty on local education authorities to secure that all young people in their area who are over compulsory school age but under 19, and persons aged 19 and over but under 25 for whom a learning difficulty assessment has been carried out, have access to enough suitable education and training provision to meet their reasonable needs. The Government propose to create a small non-departmental body, the Young People’s Learning Agency for England (“the YPLA”), sponsored by DCSF and reporting to the Secretary of State, whose core purpose is to provide the funding to enable local education authorities to fulfil this duty.
Chapter 1: Establishment
Clause 57: The Young People’s Learning Agency for England
144. This establishes the YPLA as a body corporate. The YPLA will perform its functions in relation to England only, except under the powers to provide services and assistance (see clauses 65 to 67) where it may exercise functions in relation to, and within, the devolved administrations’ areas.
145. Further detailed provisions about the body are contained in Schedule 3.
Schedule 3: The Young People’s Learning Agency for England
146. Schedule 3 sets out the detail on the constitution, governance and organisation of the YPLA as a non-departmental public body.
147. Under paragraph 1, the YPLA will not be a servant or agent of the Crown and its staff will not be civil servants. Paragraphs 2 to 4 make provision about the membership and remuneration of the YPLA, including:
- how the YPLA’s first chair, chief executive and members will be appointed;
- how subsequent chief executives and ordinary members will be appointed;
- provision for the Secretary of State to remove any member from office on the grounds of persistent non-attendance, inability or unfitness for office;
- the YPLA’s powers and duties in relation to remuneration of current and former members.
148. Paragraphs 5 and 6 allow the YPLA to appoint staff, and make provision about employment terms.
149. Under paragraphs 7 and 8, the YPLA is permitted to set up committees and sub-committees. These may consist of or include persons who are not members or staff of the YPLA. The YPLA has the power to establish a committee jointly, and any joint committee is given power to regulate its own proceedings. This may be used, for example, to enable the YPLA to chair jointly with the Qualifications and Curriculum Development Agency (the new name for the Qualifications and Curriculum Authority: see Part 8 of the Bill) the proposed Joint Advisory Committee for Qualifications Approval.
150. The YPLA may regulate its own proceedings, and the procedure of its committees (paragraph 9). Under paragraph 10, the Secretary of State or a
representative of the Secretary of State is given the right to attend meetings of the YPLA and YPLA committees (including joint committees).
151. Under paragraphs 11 and 12, the YPLA and its committees may delegate functions.
152. The YPLA must:
- make a plan for each academic year, which must be published before the start of the academic year (paragraph 13);
- prepare an annual report, a copy of which must be sent to the Secretary of State (paragraph 14); and
- keep proper accounts and proper records in relation to the accounts, and prepare annual accounts for each financial year, copies of which must be sent to the Secretary of State and the Comptroller and Auditor General (paragraph 15).
153. The Secretary of State must lay a copy of the annual accounts and a copy of the Comptroller and Auditor General’s report on the accounts before Parliament.
154. Paragraph 16 makes provisions about the application of the YPLA’s seal: the references to “member” in this context includes the chief executive.
155. Paragraph 18 sets out that the YPLA will receive its funding from the Secretary of State, and that payments will be made at such times and subject to such conditions (if any) as the Secretary of State thinks appropriate. Conditions may require the YPLA to use the grant for specified purposes, but may not impose conditions relating to the YPLA’s securing of the provision of financial resources to a particular person or organisation.
156. Under paragraph 19 the YPLA is given supplementary powers to do anything that it considers necessary or appropriate for the purposes of, or in connection with, its functions (subject to any restrictions imposed by or under any provision of this or any other Act). However, the YPLA cannot borrow money, and must obtain the Secretary of State’s permission to do certain things, including, for example, lending money.
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