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back to previous amendments
| 107A | Page 26, line 18, leave out "and the additional entitlement are" and insert "is" |
| 108 | Page 27, leave out line 26 and insert "at a school other than a school previously attended by that person, or an institution" |
| 109 | Page 27, leave out line 26 and insert "at an institution other than a school" |
| 110 | Page 27, line 40, leave out "at a school or institution" and insert "at a school other than a school previously attended by that person, or an institution" |
| 111 | Page 27, line 40, leave out "at a school or institution" and insert "at an institution other than a school" |
| | BARONESS SHARP OF GUILDFORD |
| | BARONESS GARDEN OF FROGNAL |
| 112 | Page 28, line 9, leave out "may" and insert "must" |
| 113 | Page 28, line 13, at end insert ", and |
| ( ) | unable to secure education or training which are sufficient in quantity and adequate in quality without the provision of boarding accommodation" |
| | BARONESS GARDEN OF FROGNAL |
| | BARONESS SHARP OF GUILDFORD |
| 114 | Page 29, line 11, at end insert— |
| "( ) | sentence planning ensures that young people are able to return to school or college on release" |
| | BARONESS SHARP OF GUILDFORD |
| 115 | Page 29, line 11, at end insert— |
| "( ) | enough learning difficulty assessments are undertaken to meet the needs of persons over the compulsory school age but under 19 who have— |
| (i) | a learning difficulty; |
| (iii) | entered the youth justice system without having received a learning difficulty assessment" |
| 116 | Page 29, line 11, at end insert— |
| "( ) | In deciding for the purposes of subsection (1) whether education or training is enough to meet persons' reasonable needs, a minimum of 30 hours per week of education and skills training must be provided." |
| 117 | Page 29, line 16, after "learning" insert "or language" |
| 118 | Page 29, leave out lines 20 to 24 and insert— |
| "( ) | the desirability of complementing the education which children subject to youth detention have received, and of preparing for the educational opportunities they may expect to receive upon release;" |
| | BARONESS GARDEN OF FROGNAL |
| | BARONESS SHARP OF GUILDFORD |
| 119 | Page 29, line 27, at end insert— |
| "( ) | the desirability of suitable careers guidance for young people while in custody" |
| 120 | Page 29, line 27, at end insert— |
| "( ) | any provision for assessment, accreditation and certification of achievement" |
| | BARONESS SHARP OF GUILDFORD |
| 121 | Page 29, line 27, at end insert— |
| "( ) | statutory guidance on assessments made under sections 139A and 140 of the Learning and Skills Act 2000" |
| | BARONESS HOWE OF IDLICOTE |
| | BARONESS GARDEN OF FROGNAL |
| 122 | Page 29, line 27, at end insert— |
| "( ) | In meeting the requirements of subsection (2)(b), a local education authority must satisfy itself that it has taken the necessary steps to screen for, identify and professionally assess any learning difficulties that the person may have." |
| 123 | Page 30, line 13, at end insert— |
| "( ) | In this section "reasonable needs" includes the need to communicate effectively in English." |
| | BARONESS SHARP OF GUILDFORD |
| | BARONESS GARDEN OF FROGNAL |
| 124 | Page 30, line 13, at end insert— |
| "( ) | In performing the duty imposed by subsection (1), a local education authority must have regard to any existing Offenders' Learning and Skills Service contracts previously held with the Learning and Skills Council." |
| 125 | Page 30, leave out lines 34 to 36 |
| 126 | Page 31, line 1, at end insert— |
| "( ) | Section 321 of the Education Act 1996 (c. 56) (general duty of local education authority toward children for whom they are responsible) is amended as follows. |
| ( ) | After subsection (3)(d) insert— |
| "(e) | he is detained in relevant youth accommodation"." |
| 127 | Page 31, leave out lines 7 to 9 |
| 128 | Page 31, line 6, at end insert— |
| | "562AA Duty to establish and maintain a learning programme |
| (1) | It shall be the duty of the host authority to establish for each person referred to in subsection (2) of section 562A a personal learning programme (the personal learning programme) to be followed during the course of his detention. |
| (2) | It shall be the duty of the host authority to maintain for each such person, in the same document (their personal learning record) as their personal learning programme, a weekly record (the weekly learning record) of hours taught and progress made in each subject included in that programmme. |
| (3) | The personal learning programme and weekly learning record of such a person shall comprise parts 1 and 2 respectively of the same document, in the form prescribed by the appropriate national authority. |
| (4) | It shall be the duty of the host authority to transfer their personal learning record— |
| (a) | in the event of that person being transferred to another host authority, to that authority; or |
| (b) | in the event of their being released, to the host authority, |
| | and transfers made under paragraphs (a) and (b) shall be made in the manner and by the means prescribed by the appropriate national authorities." |
| | BARONESS SHARP OF GUILDFORD |
| | BARONESS HOWE OF IDLICOTE |
| 129 | Page 31, line 26, at end insert— |
| "( ) | In carrying out the duty imposed by subsection (2), the home authority must have regard to any special educational needs or learning difficulties (within the meaning of section 15ZA(7) and (8)) the persons may have." |
| 130 | Page 31, line 32, at end insert— |
| "( ) | If the home authority receive a notification under section 562F(7) or G(3), (5) or (6), subsection (3) shall apply as if the words "where it appears to the home authority appropriate to do so" have been omitted from it." |
| 131 | Page 31, line 36, at end insert— |
| "( ) | Where the home authority make any determination as to provisions under subsection (3), the authority must use best endeavours to secure that appropriate special educational provision is made for the person." |
| | BARONESS SHARP OF GUILDFORD |
| | BARONESS HOWE OF IDLICOTE |
| 132 | Page 32, leave out lines 1 to 13 and insert— |
| "( ) | Education provided by the host authority must include the special education provision as set out in Part III of the child's statement of special educational needs." |
| 133 | Page 32, line 36, at end insert "and such information shall include information as to whether that person has been assessed for special educational needs and if so when the assessment was made and with what result" |
| 134 | Page 33, line 18, at end insert— |
| | "562EA Information to be provided under section 562E |
| (1) | Within three working days of the reception of a person for detention in relevant youth accommodation within its area, a host authority shall request from either— |
| (a) | if the person is received on remand or immediately after sentence, the home authority of that person; or |
| (b) | if the person is received from another host authority, that authority information under section 562E. |
| (2) | If the host authority is informed that the person has not been assessed for special educational needs, they shall arrange for that person to be assessed within one calendar month of receiving that information." |
| 135 | Page 34, line 1, after "release" insert "not less than 14 days before it takes place" |
| 136 | Page 34, line 44, at end insert— |
| "562GA | Acceptance of detained person |
| (1) | This section applies in relation to the detention of a person in relevant youth accommodation. |
| (2) | No person may be detained in such accommodation unless the management of that accommodation has been provided with a full assessment of the young person's educational attainments to date, and of any special educational needs." |
| | BARONESS SHARP OF GUILDFORD |
| 137 | Page 40, line 4, leave out "they consider necessary" and insert "required" |
| 138 | Page 40, line 31, at end insert— |
| "( ) | Arrangements made under subsection (1) must be made with particular regard to the needs of adults with learning difficulties." |
| 139 | Page 40, line 37, at end insert— |
| "( ) | A local education authority must make arrangements under subsection (7) whenever a substantial number of adults require transport to a particular institution." |
| | BARONESS SHARP OF GUILDFORD |
| 140 | Page 40, line 44, at end insert— |
| | ""learning difficulty" means— |
| (a) | the person has a significantly greater difficulty in learning than the majority of persons of the same age, or |
| (b) | the person has a disability which either prevents or hinders the person from making use of facilities of a kind generally provided by institutions providing education or training falling within this section." |
| | BARONESS SHARP OF GUILDFORD |
| 141 | Insert the following new Clause— |
| | "Secretary of State's power to direct a review of transport arrangements |
| | The Secretary of State shall direct one or more local authorities to undertake a review of their transport policy statement from time to time." |
| 142 | Insert the following new Clause— |
| | "Complaints about transport arrangements |
| (1) | The Education Act 1996 (c. 56) is amended as follows. |
| (2) | After section 509AE (complaints about transport arrangement etc. for persons of sixth form age in England) insert— |
| | "509AF Complaints about transport arrangements etc. for certain young adults |
| (1) | A local education authority may revise a statement prepared under section 508F to change the arrangements specified under subsection (1) of that section if, as a result of a certain young adult transport complaint, 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 508F to change the arrangements specified under subsection (1) of that section if, as a result of a certain young adult transport complaint, the Secretary of State has directed them to do so. |
| (3) | An authority that revises 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 under sections 496 to 497A (powers to prevent unreasonable exercise of functions, etc.) or subsection (2) of this section in response to a matter that is, or could have been, the subject of a certain young adult transport complaint made to him or her unless satisfied that— |
| (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 "certain young adult transport complaint" means a complaint that is— |
| (a) | about a local education authority's exercise of, or failure to exercise, a function under sections 508F to 509AD in relation to certain young adults, and |
| (b) | made by a person who is, or will be, a relevant young adult when the matter complained of has effect, or by a parent of such a person, and "certain young adult" is to be construed in accordance with section 508F(8). |
| (6) | For the purposes of sections 508G(8), 509AB(1) to (5), and 509AD, the revision of a statement under this section is to be treated as the preparation of a statement under section 508F. |
| (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." |
| (3) | In section 496 (power of Secretary of State to prevent unreasonable exercise of functions), after subsection (4) (as inserted by section 206(1) of this Act) insert— |
| "(6) | This section is subject to section 509AF (complaints about transport arrangements etc. for certain young adults in England)." |
| (4) | In section 497 (general default powers of Secretary of State), after subsection (6) insert— |
| "(7) | This section is subject to section 509AF (complaints about transport arrangements etc. for certain young adults in England)." |
| (5) | In section 497A (power of Secretary of State to secure proper performance of LEA's functions), at the end insert— |
| "(9) | This section is subject to section 509AF (complaints about transport arrangements etc for certain young adults in England)."." |
| | BARONESS SHARP OF GUILDFORD |
| | BARONESS GARDEN OF FROGNAL |
| 142A* | Insert the following new Clause— |
| | "Further provision about transport funding |
| (1) | The Education Act 1996 (c. 56) is amended as follows. |
| (2) | In section 509(1) after "direct" insert "under terms specified in the local government financial report of that year"." |
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