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 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
course of education or training leading to a qualification specified, or a
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qualification of a description specified, by the Secretary of State by
order for the purposes of this subsection.
(9)
The references in subsections (1) and (2) to persons in a local education
authority’s area who are over compulsory school age but under 19 do
not include persons who are subject to a detention order.
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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
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—
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(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
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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

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(b)
the person does not begin the course of study before reaching
the age of 19.”
Provision of boarding accommodation: persons subject to learning difficulty assessment
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Provision of boarding accommodation: persons subject to learning difficulty
assessment
5
After section 514 of the Education Act 1996 (c. 56) insert—
“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
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education or training for a person in their area who is—
(a)
over compulsory school age but under 25, and
(b)
subject to learning difficulty assessment.
(2)
A local education authority may secure the provision of boarding
accommodation under subsection (1) either within or outside their
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area.
(3)
For the purposes of subsection (1) it is immaterial who provides, or
secures the provision of, the education or training.
(4)
In this section “education” and “training” have the same meanings as in
section 15ZA.”
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Work experience
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Work experience for persons over compulsory school age
After section 560 of the Education Act 1996 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.”

Apprenticeships, Skills, Children and Learning Bill
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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 (c. 56) insert—
“18A
Provision of education for persons subject to youth detention
(1)
A local education authority must secure that—
5
(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
reasonable needs of persons who are—
(i)
over compulsory school age but under 19, and
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(ii)
subject to youth detention in their area.
(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;
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(b)
any special educational needs or learning difficulties (within
the meaning of section 15ZA(7) and (8)) the persons may have;
(c)
the desirability of enabling persons to complete programmes of
study or training which they have begun;
(d)
any relevant curriculum and the desirability that education
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received by children subject to youth detention should be
comparable with education which they could be expected to
receive if they were attending a school or institution
implementing a relevant curriculum;
(e)
the desirability of the core entitlement and the additional
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entitlement being satisfied in relation to persons over
compulsory school age but under 19 who have elected for them.
(3)
In subsection (2)(d), “relevant curriculum” means—
(a)
in relation to a local education authority in England, the
National Curriculum for England established under section 87
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of the Education Act 2002 as subsisting for the time being;
(b)
in relation to a local education authority in Wales—
(i)
the National Curriculum for Wales established under
section 108 of that Act as subsisting for the time being, or
(ii)
any local curriculum formed by the authority under
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section 116A of the Education Act 2002 (formation of
local curricula for pupils in Key Stage 4) or for their area
under section 33A of the Learning and Skills Act 2000
(formation of local curricula for students aged 16 to 18).
(4)
Sections 17B to 17D apply for the purposes of subsection (2)(e) as they
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apply for the purposes of section 17A.
(5)
Any arrangements made by a local education authority under
subsection (1) for the provision by another person (the “learning
provider”) of education or training must require the learning provider,
in making any determination as to the education or training to be
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provided for a particular person, to have regard to any information
provided under section 562E by the person’s home authority (within

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the meaning of Chapter 5A of Part 10) for the purpose of assisting any
such determination.
(6)
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
5
Secretary of State;
(b)
in the case of a local education authority in Wales, by the Welsh
Ministers.
(7)
For the purposes of subsection (1), a person is subject to youth
detention in the area of a local education authority if—
10
(a)
subject to a detention order, and
(b)
detained in relevant youth accommodation in the area of the
authority.”
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Persons detained in youth accommodation: application of provisions
(1)
Section 562 of the Education Act 1996 (c. 56) (Act not to apply to persons
15
detained under order of a court) is amended as follows.
(2)
In subsection (1)—
(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
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youth accommodation”, and
(b)
for “a person who is detained in pursuance of such an order” substitute
“such a person”.
(3)
After that subsection insert—
“(1A)
For the purposes of this Act—
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(a)
a person is subject to a detention order if detained in pursuance
of—
(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—
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(i)
is youth detention accommodation (within the meaning
given by section 107(1) of the Powers of Criminal Courts
(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
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detention of persons aged 18 and over.”
(4)
In subsection (2), for “subsection (1)” substitute “this section”.
(5)
After that subsection add—
“(3)
A child or young person who is being kept in accommodation provided
for the purpose of restricting liberty is not to be regarded for the
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purposes of this section as detained in pursuance of an order made by
a court by reason of the fact that a court has authorised the person to be
kept in such accommodation under section 25(4) of the Children Act
1989 (use of accommodation for restricting liberty).”
(6)
In the title, after “apply to” insert “certain”.
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