Apprenticeships, Skills, Children and Learning Act 2009

48Provision of education for persons subject to youth detention

After section 18 of the Education Act 1996 insert—

“18AProvision of education for persons subject to youth detention

(1)A local education authority must secure that—

(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

(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;

(b)any special educational needs or learning difficulties (within the meaning of section 15ZA(6) and (7)) 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 received by persons 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 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 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 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 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 provided for a particular person (“P”), to have regard to any information within subsection (6).

(6)The information within this subsection is—

(a)information provided under section 562F by a local education authority as to the level of P’s literacy and numeracy skills;

(b)any other information provided under section 562F by P’s home authority (within the meaning of Chapter 5A of Part 10) for the purpose of assisting a determination such as is mentioned in subsection (5).

(7)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 Secretary of State;

(b)in the case of a local education authority in Wales, by the Welsh Ministers.

(8)For the purposes of subsection (1), a person is subject to youth detention in the area of a local education authority if—

(a)subject to a detention order, and

(b)detained in relevant youth accommodation in the area of the authority.”