Education and Skills Act 2008 (c. 25)

Part 1 E+W Duty to participate in education or training: England

Chapter 2 E+W [F1 local authorities] and educational institutions etc

Textual Amendments

F1 Words in Act substituted (5.5.2010) by The Local Education Authorities and Children’s Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), Sch. 2 para. 15(2)

Information E+W

17 Sharing and use of information held for purposes of support services or functions under this Part E+W

(1) Any persons within subsection (2) may [F2 —

(a) provide relevant information to each other;

(b) make arrangements for the holding by either of them of information provided, or which could be provided, under paragraph (a).]

(2) Those persons are—

(a) a [F1 local authority] in England, and

(b) a service provider of that authority.

(3) Information provided under subsection (1) may only be used by the person to whom it is provided for a purpose which is a relevant purpose in relation to that person.

(4) A [F1 local authority] in England may use relevant information held by it for any relevant purpose.

(5) A [F1 local authority] in England may provide relevant information to any other such authority for a purpose which is a relevant purpose in relation to that other authority.

(6) A service provider of a [F1 local authority] in England may provide relevant information to any other service provider of that or any other such authority for a purpose which is a relevant purpose in relation to that other service provider.

(7) In this section—

• “ relevant information ”, in relation to a person providing or holding information, means information which—

  (a)

  is held by the person for a relevant purpose, and

  (b)

  is about a young person or a relevant young adult in England;

  [F3 but does not include information provided under section 72 of the Welfare Reform and Pensions Act 1999;]

• relevant purpose—

  (a)

  in relation to a [F1 local authority], means the purpose of, or a purpose connected with, the exercise of any function of the authority—

  (i)

  under this Part, or

  (ii)

  under or by virtue of sections 68 to 78;

  (b)

  in relation to a service provider of a [F1 local authority] (other than the authority in question), means the purpose of providing services of the kind mentioned in section 68(1);

• “ service provider ”, in relation to a [F1 local authority] in England, means—

  (a)

  where the authority itself provides services in exercise of its functions under subsection (1) of section 68, the authority;

  (b)

  where, in exercise of its functions under subsection (3)(b) of that section, the authority makes arrangements for the provision of services, the person providing those services.

(8) In subsection (7)—

(a) “ young person ” means a person who has attained the age of 13 but not the age of 20, and

(b) “ relevant young adult ” means a person who—

(i) has attained the age of 20 but not the age of 25, and

(ii) has [F4 special educational needs];

F5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F6 (9) Nothing in this section authorises the disclosure of any information in contravention of any provision of, or made under, this or any other Act (whenever passed or made) which prevents disclosure of the information.]

Textual Amendments

F2 Words in s. 17(1) substituted (12.1.2010) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), ss. 254(4), 269(4); S.I. 2009/3317, art. 2, Sch.

F3 Words in s. 17(7) inserted (12.1.2010) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), ss. 254(5), 269(4); S.I. 2009/3317, art. 2, Sch.

F4 Words in s. 17(8)(b) substituted (1.9.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 3 para. 84(a); S.I. 2014/889, art. 7(a)

F5 Words in s. 17(8)(b) omitted (1.9.2014) by virtue of Children and Families Act 2014 (c. 6), s. 139(6), Sch. 3 para. 84(b); S.I. 2014/889, art. 7(a)

F6 S. 17(9) added (12.1.2010) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), ss. 254(6), 269(4); S.I. 2009/3317, art. 2, Sch.

Commencement Information

I1 S. 17 in force at 28.6.2013 by S.I. 2013/1204, art. 2(o)