Part I General
Chapter IIIF7local authorities
Other arrangements for provision of education
18 Power to arrange provision of education at non-maintained schools.
18AF8Provision of education for persons subject to youth detention
1
A local authority must secure that—
a
enough suitable education is provided to meet the reasonable needs of children 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 authority must (in particular) have regard to—
a
the persons' ages, abilities and aptitudes;
b
any special educational needs F13... the persons may have;
F14ba
in the case of a local authority in England, any learning difficulties or disabilities (within the meaning of section 15ZA(6) and (7)) the persons may have;
bb
in the case of a local authority in Wales, any learning difficulties (within the meaning of section 41(5) and (6) of the Learning and Skills Act 2000) 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 being satisfied in relation to persons over compulsory school age but under 19.
3
In subsection (2)(d), “relevant curriculum” means—
a
in relation to a local 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 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
Section 17C (the core entitlement) applies for the purposes of subsection (2)(e).
5
Any arrangements made by a local 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 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 authority must have regard to any guidance issued—
a
in the case of a local authority in England, by the Secretary of State;
b
in the case of a local 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 authority if—
a
subject to a detention order, and
b
detained in relevant youth accommodation in the area of the authority.
C1C13C1419 Exceptional provision of education in pupil referral units or elsewhere F15: England
C121
Each F6local authorityF16 in England shall make arrangements for the provision of suitable F1. . . education at school or otherwise than at school for those children of compulsory school age who, by reason of illness, exclusion from school or otherwise, may not for any period receive suitable education unless such arrangements are made for them.
F91A
F17... Subsection (1) does not apply in the case of a child—
a
who will cease to be of compulsory school age within the next six weeks, and
b
does not have any relevant examinations to complete.
In paragraph (b) “relevant examinations” means any public examinations or other assessments for which the child has been entered.
F182
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F18F32A
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
2B
Any school established in England (whether before or after the commencement of this Act) and maintained by a F6local authorityF19in England which—
a
is specially organised to provide education for such children, and
b
is not a community or foundation school, a community or foundation special school, or a maintained nursery school,
shall be known as a “pupil referral unit”.
3
C3F10F43A
F21... The education to be provided for a child in pursuance of arrangements made by a local authority under subsection (1) shall be—
a
full-time education, or
b
in the case of a child within subsection (3AA), education on such part-time basis as the authority consider to be in the child's best interests.
3AA
A child is within this subsection if the local authority consider that, for reasons which relate to the physical or mental health of the child, it would not be in the child's best interests for full-time education to be provided for the child.
3B
4
A F6local authorityF22in England may make arrangements for the provision of suitable F1. . . education otherwise than at school for those young persons who, by reason of illness, exclusion from school or otherwise, may not for any period receive suitable education unless such arrangements are made for them.
F24A
In determining what arrangements to make under subsection (1) or (4) in the case of any child or young person a F6local authority shall have regard to any guidance given from time to time by the Secretary of State.
5
Any child for whom education is provided otherwise than at school in pursuance of this section, and any young person for whom full-time education is so provided in pursuance of this section, shall be treated for the purposes of this Act as a pupil.
F56
In this section—
“relevant school” means—
- a
a maintained school,
- b
an Academy,
- c
a city technology college, or
- d
a city college for the technology of the arts;
- a
“suitable education”, in relation to a child or young person, means efficient education suitable to his age, ability and aptitude and to any special educational needs he may have (and “suitable full-time education” is to be read accordingly).
7
Schedule 1 has effect in relation to pupil referral units F23maintained by a local authority in England.
19AF24Exceptional provision of education in pupil referral units or elsewhere: Wales
1
Each local authority in Wales must make arrangements for the provision of suitable education at school or otherwise than at school for children within the authority's area who—
a
are of compulsory school age, and
b
by reason of illness, exclusion from school or otherwise, may not receive suitable education for a period unless such arrangements are made for them.
2
A school established (whether before or after the commencement of this Act) and maintained by a local authority in Wales which—
a
is specially organised to provide education for children falling within subsection (1), and
b
is not a special school,
is to be known as a “pupil referral unit”.
3
A local authority in Wales may secure the provision of boarding accommodation at any pupil referral unit.
4
A local authority in Wales may make arrangements for the provision of suitable education otherwise than at a school for young persons within the authority's area who, by reason of illness, exclusion from school or otherwise, may not receive a suitable education for a period unless such arrangements are made for them.
5
In this section, “suitable education”, in relation to a child or young person means efficient education suitable to the young person's age, ability and aptitude and to any additional learning needs the child or young person may have.
6
The following persons are to be treated as pupils for the purposes of this Act—
a
any child for whom education is provided otherwise than at school under this section, and
b
any young person for whom full-time education is provided otherwise than at school under this section.
7
Schedule 1 has effect in relation to pupil referral units maintained by local authorities in Wales.
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. 7(3) (with Sch. 2 para. 7(4)(5))