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
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49
Persons detained in youth accommodation: further provision
(1)
The Education Act 1996 (c. 56) is amended as follows.
(2)
After section 562 insert—
“Chapter 5A
Persons detained in youth accommodation
5
562A
Duty to take steps to promote fulfilment of potential
(1)
This section applies where a child or young person is—
(a)
subject to a detention order, and
(b)
detained in relevant youth accommodation.
(2)
The home authority must, both during the period of detention and
10
upon the person’s release from detention, take such steps as they
consider appropriate to promote the person’s fulfilment of his or her
learning potential.
(3)
In this section, “home authority”, in relation to a child or young person,
means the local education authority in whose area the child or young
15
person is ordinarily resident.
(4)
For the purposes of determining where a child or young person is
ordinarily resident, any period when the person is subject to a
detention order is to be disregarded.
562B
Application of Act to detained persons
20
In its application in relation to children and young persons who are—
(a)
subject to a detention order, and
(b)
detained in relevant youth accommodation,
this Act has effect subject to modifications prescribed by regulations
made by the appropriate national authority.
25
562C
Guidance
In performing their functions under this Chapter a local authority must
have regard to any guidance issued by the appropriate national
authority.
562D
Interpretation of Chapter
30
(1)
In this Chapter—
“the appropriate national authority” means—
(a)
in relation to England, the Secretary of State;
(b)
in relation to Wales, the Welsh Ministers.
“young person” includes a person aged 18.”
35
(3)
After section 569 insert—
“569A
Regulations made by Welsh Ministers under Chapter 5A
(1)
Any power of the Welsh Ministers to make regulations under Chapter
5A shall be exercised by statutory instrument.

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(2)
A statutory instrument containing any such regulations made by the
Welsh Ministers shall be subject to annulment in pursuance of a
resolution of the National Assembly for Wales.
(3)
Any such regulations may make different provision for different cases,
circumstances or areas and may contain such incidental, supplemental,
5
saving or transitional provisions as the Welsh Ministers think fit.”
(4)
In section 579(1) (general interpretation)—
(a)
in the definition of “prescribed”, after ““prescribed”” insert “(except in
Chapter 5A)”;
(b)
in the definition of “regulations”, after ““regulations”” insert “(except in
10
Chapter 5A)”.
50
Detention of child or young person: local education authority to be notified
In section 39 of the Crime and Disorder Act 1998 (c. 37) (youth offending
teams), after subsection (7) add—
“(8)
Subsection (9) applies where a youth offending team becomes aware
15
that a child or young person has become subject to a detention order
and is detained in relevant youth accommodation.
(9)
The youth offending team must as soon as practicable notify the home
local education authority of the child or young person of the place
where the child or young person is detained.
20
(10)
In subsections (8) and (9)—
“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
section 562A of the Education Act 1996 (duty to take steps to
25
promote fulfilment of potential);
“young person” includes a person who is aged 18;

and subsection (1A) of section 562 of that Act (meaning of references to
a person subject to a detention order and relevant youth
accommodation) applies for the purposes of this section as it applies for
30
the purposes of that section.”
51
Release from detention of child or young person with special educational
needs
(1)
The Education Act 1996 (c. 56) is amended as follows.
(2)
After section 312 insert—
35
“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
40
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 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—
5
(a)
the beginning of the period of detention in relevant youth
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
10
(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
15
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
20
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
25
(ii)
immediately before release was detained in relevant
youth accommodation,

on the child’s release from detention,”.
Transport in England
52
Transport policy statements for persons of sixth form age: consultation
30
In section 509AB(6) of the Education Act 1996 (c. 56) (people to be consulted
when preparing transport policy statements for persons of sixth form age in
England), in paragraph (c), before “and” insert—
“(ca)
persons in the local education authority’s area who will be of
sixth form age when the statement has effect, and their
35
parents,”.
53
Transport policy statements for persons of sixth form age: content and
publication
(1)
In section 509AB of the Education Act 1996 (provision about transport policy
statements for persons of sixth form age in England), after subsection (7)
40
insert—
“(7A)
In preparing and publishing a statement under section 509AA, a local
education authority must have regard to (among other things) the need
to—

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(a)
include in the statement sufficient information about the
matters that the statement must specify, and
(b)
publish the statement in time,

to enable persons who will be of sixth form age when the statement has
effect and their parents to take reasonable account of those matters
5
when choosing between different establishments at which education or
training is provided.”
(2)
In section 509AA(10) of that Act (time by which transport policy statements for
persons of sixth form age in England must be published) for “by substituting a
different date for 31st May” substitute “to change the time by which the
10
statement must be published”.
54
Complaints about transport arrangements etc for persons of sixth form age
(1)
The Education Act 1996 (c. 56) is amended as follows.
(2)
After section 509AD (local education authorities in England: duty to have
regard to religion or belief in exercise of travel functions) insert—
15
“509AE
Complaints about transport arrangements etc for persons of sixth
form age in England
(1)
A local education authority may revise a statement prepared under
section 509AA to change the arrangements specified under subsection
(2) or (3) of that section if, as a result of a sixth form transport complaint,
20
they have come to consider the change necessary for the purpose
mentioned in that subsection.
(2)
A local education authority must revise a statement prepared under
section 509AA to change the arrangements specified under subsection
(2) or (3) of that section if, as a result of a sixth form transport complaint,
25
the Secretary of State has directed them to do so.
(3)
An authority that revise a statement under subsection (1) or (2) must
publish the revised statement and a description of the revision as soon
as practicable.
(4)
The Secretary of State need not consider whether to exercise any power
30
under sections 496 to 497A (powers to prevent unreasonable exercise of
functions, etc), section 509AA(9) (power to require LEA to make
additional transport arrangements), or subsection (2) of this section in
response to a matter that is, or could have been, the subject of a sixth
form transport complaint made to him or her unless satisfied that—
35
(a)
the matter has been brought to the notice of the local education
authority concerned, and
(b)
the authority have had a reasonable opportunity to investigate
the matter and respond.
(5)
In this section “sixth form transport complaint” means a complaint that
40
is—
(a)
about a local education authority’s exercise of, or failure to
exercise, a function under sections 509AA to 509AD in relation
to persons of sixth form age, and
(b)
made by a person who is, or will be, a person of sixth form age
45
when the matter complained of has effect, or by a parent of such
a person,

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and “sixth form age” is to be construed in accordance with section
509AC(1).
(6)
For the purposes of sections 509AA(8) and (9), 509AB(1) to (5), 509AC
and 509AD, the revision of a statement under this section is to be
treated as the preparation of a statement under section 509AA.
5
(7)
Where a local authority have published in a single document a
statement prepared under section 508G and a statement prepared
under 509AA, the requirement to publish a revised statement under
subsection (3) is to be treated as a requirement to publish a version of
the document that includes the revised statement.”
10
(3)
In section 496 (power of Secretary of State to prevent unreasonable exercise of
functions), after subsection (4) (as inserted by section 212(1) of this Act)
insert—
“(5)
This section is subject to section 509AE (complaints about transport
arrangements etc for persons of sixth form age in England).”
15
(4)
In section 497 (general default powers of Secretary of State), after subsection (5)
(as inserted by section 212(2) of this Act) insert—
“(6)
This section is subject to section 509AE (complaints about transport
arrangements etc for persons of sixth form age in England).”
(5)
In section 497A (power of Secretary of State to secure proper performance of
20
LEA’s functions), at the end insert—
“(8)
This section is subject to section 509AE (complaints about transport
arrangements etc for persons of sixth form age in England).”
(6)
In section 509AA (provision of transport etc for persons of sixth form age), at
the end insert—
25
“(11)
Subsection (9) is subject to section 509AE (complaints about transport
arrangements etc for persons of sixth form age in England).”
55
Local education authorities in England: provision of transport etc for adult
learners
(1)
The Education Act 1996 (c. 56) is amended as follows.
30
(2)
After section 508E (LEAs in England: school travel schemes) insert—
“508F
LEAs in England: provision of transport etc for adult learners
(1)
A local education authority in England must make such arrangements
for the provision of transport and otherwise as they consider necessary,
or as the Secretary of State may direct, for the purposes mentioned in
35
subsections (2) and (3).
(2)
The first purpose is to facilitate the attendance of adults receiving
education at institutions—
(a)
maintained or assisted by the authority and providing further
or higher education (or both), or
40
(b)
within the further education sector.
(3)
The second purpose is to facilitate the attendance of relevant young
adults receiving education or training at institutions outside both the

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further and higher education sectors, but only in cases where the local
education authority have secured for the adults in question—
(a)
the provision of education or training at the institution in
question, and
(b)
the provision of boarding accommodation under section 514A.
5
(4)
Any transport provided under subsection (1) must be provided free of
charge.
(5)
In considering whether they are required by subsection (1) to make
arrangements in relation to a particular adult, a local education
authority must have regard (among other things) to the age of the adult
10
and the nature of the route, or alternative routes, which the adult could
reasonably be expected to take.
(6)
Arrangements made under subsection (1) by virtue of subsection (3) to
facilitate full-time education or training at an institution outside both
the further and higher education sectors must be no less favourable
15
than the arrangements made for relevant young adults of the same age
for whom the authority secure the provision of education at another
institution.
(7)
A local education authority in England may pay all or part of the
reasonable travelling expenses of an adult—
20
(a)
receiving education or training at an institution mentioned in
subsection (2) or (3), and
(b)
for whose transport no arrangements are made under
subsection (1).
(8)
In this section—
25
“adult” means a person who is neither a child nor a person of sixth
form age,
“sixth form age” is to be construed in accordance with section
509AC(1), and
“relevant young adult” means an adult who is aged under 25 and
30
is subject to learning difficulty assessment.
508G
LEAs in England: transport policy statements etc for certain young
adults
(1)
A local education authority in England making arrangements, or
proposing to pay travelling expenses, under section 508F in relation to
35
relevant young adults must consult—
(a)
any other local education authority that they consider it
appropriate to consult,
(b)
governing bodies of institutions within the further education
sector in the authority’s area,
40
(c)
persons in the local education authority’s area who will be
relevant young adults when the arrangements or payments
have effect, and their parents,
(d)
the Secretary of State, and
(e)
any other person specified by the Secretary of State.
45
(2)
The authority must prepare for each academic year a transport policy
statement complying with the following requirements.

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(3)
The statement must specify any transport or other arrangements, and
any payment of travelling expenses, made or to be made in relation to
the year under section 508F in relation to relevant young adults.
(4)
The statement must also specify any travel concessions (within the
meaning of Part 5 of the Transport Act 1985) which are to be provided
5
under any scheme established under section 93 of that Act to relevant
young adults receiving education or training at an institution
mentioned in subsection (2) or (3) of section 508F.
(5)
The authority must publish the statement by the end of May in the year
in which the relevant academic year begins.
10
(6)
In preparing and publishing the statement, the authority must have
regard to (among other things) the need to—
(a)
include in the statement sufficient information about the
matters that the statement must specify, and
(b)
publish the statement in time,
15

to enable relevant young adults and their parents to take reasonable
account of those matters when choosing between different institutions
at which education or training is provided.
(7)
In preparing and publishing the statement the authority must also have
regard to any guidance issued by the Secretary of State under this
20
section.
(8)
The publication of a statement under this section in relation to an
academic year does not prevent an authority from—
(a)
making additional arrangements or payments under section
508F in relation to the academic year, or
25
(b)
providing additional travel concessions in relation to the
academic year.
(9)
The Secretary of State may amend subsection (5) by order to change the
time by which the statement must be published.
(10)
In this section—
30
“academic year” has the meaning given in section 509AC,
“governing body” has the meaning given in section 509AC, and
“relevant young adult” has the meaning given in section 508F.”
(3)
In section 509AD(2) (LEAs in England: duty to have regard to religion or belief
in exercise of travel functions) for the entry relating to section 508F substitute—
35
“section 508F (LEAs in England: provision of transport etc for
adult learners);”.
(4)
Section 509 (provision of transport etc) ceases to have effect.
(5)
Section 81 of the Education and Inspections Act 2006 (c. 40) (LEAs in England:
provision of transport etc for certain adult learners) ceases to have effect.
40
Powers in respect of non-maintained schools
56
Power of LEAs to arrange provision of education at non-maintained schools
(1)
The following provisions cease to have effect—