Education and training
Section 20: Designated member of staff at school for pupils looked after by a local authority
93.Section 20 requires the governing body of a maintained school in England and Wales to designate a member of staff as having responsibility for promoting the educational achievement of looked after children who are registered pupils at the school (the “designated person”). In this context, “maintained school” includes community schools; foundation schools; voluntary including both voluntary aided and voluntary controlled schools; community special schools; foundation special schools; and maintained nursery schools. “Registered pupil” means a person who is registered as a pupil at a school (see further section 434 of the Education Act 1996).
94.The responsibilities of the designated person include both pupils who are looked after by a local authority and those who are “relevant children” or “former relevant children” within the meaning of section 23A or 23C of the 1989 Act (in summary, persons who are no longer looked after but have been at some point since the age of 16). The designated person is also responsible for promoting the educational achievement of children and young persons at the school who have equivalent legal status under the law of Scotland or Northern Ireland.
95.Subsection (3) enables the appropriate national authority by regulations to specify the qualifications and/or experience which are necessary to perform the role of the designated person effectively. The intention is to use this power to require governing bodies to appoint a qualified teacher to perform this role. Under subsection (4) the appropriate national authority may give guidance to school governing bodies about the performance of their functions under this provision. The intention is to update guidance issued in England in May 2000 entitled “The Education of Children and Young People in Public Care” and to use this power to put the guidance on a statutory footing. Similar guidance was issued in relation to Wales in 2001.
Section 21: Entitlement to payment in respect of higher education
96.This section adds to the duties that local authorities owe to “former relevant children” by amending section 23C of the 1989 Act to require local authorities (in addition to providing assistance under section 23C(4)) to pay a fixed sum to those who go on to pursue a course of higher education. The section includes provision to prescribe by regulations the meaning of “higher education”. The first exercise of this power will be subject to the affirmative resolution procedure (paragraph 25 of Schedule 3 to the Act and see paragraph 18 for a description of the affirmative resolution procedure). The intention is to use the power to align the definition of higher education for these purposes with the definition used in the Education (Student Support) (No 2) Regulations 2008 (“the 2008 Regulations”) so that the eligibility criteria for the payment (in terms of the courses attended) will be similar to those for student loans, as set out in regulation 6 of, and Schedule 2 to, the 2008 Regulations.
97.The amount of the payment will be set in regulations to be made by the appropriate national authority under section 23C(5B) which is inserted by subsection (2). The regulations will also deal with the eligibility criteria; the arrangements for making the payment (e.g. whether to be paid by instalments and if so the interval between payments); and the circumstances in which instalments may cease or payments must be repaid (e.g. if the young person ceases to attend a course). The duty to make the payment subsists while the young person follows a pathway plan, whether one made under section 23B or one made subsequently under section 23CA. The payment should not affect the young person’s entitlement to other assistance with his educational or training needs under section 23C(4). In addition the payment will be exempt from income tax by virtue of an amendment to the Income Tax (Trading and Other Income) Act 2005.
98.“Former relevant children” are defined in section 23C(1) of the 1989 Act and include those who are over 18 and who were either relevant children (within the meaning of section 23A) or eligible children (within the meaning of paragraph 19B of Schedule 2 to the 1989 Act and regulations made under sub-paragraph (3) of that provision) immediately before their 18th birthday .
Section 22: Assistance to pursue education or training
99.Currently all eligible, relevant and former relevant children (defined by paragraph 19B of Schedule 2 to, and sections 23A and 23C of the 1989 Act respectively) must have a personal adviser who will, in accordance with regulations made under section 23B of the 1989 Act, be involved in drawing up the young person’s pathway plan, make sure that it is regularly reviewed, and that it is implemented. When the young person leaves care, and until they are at least 21, the personal adviser will in practice be responsible for performing the local authority’s duty to keep in touch with them and ensuring that they receive the advice and support to which they are entitled.
100.Section 22, by inserting a new section 23CA into the 1989 Act, extends the duties of local authorities to appoint a personal adviser to include a former relevant child who informs the responsible authority (that is, the authority that formerly looked after him) that he is pursuing or intends to pursue a programme of education or training but to whom the local authority would otherwise owe no duty under section 23C because the young person is over 21 years of age and has completed (or abandoned) the programme set out in his original pathway plan. In relation to such a young person, who must be under 25 years (or such lower age as the appropriate national authority may prescribe), the local authority must also carry out an assessment of needs, prepare a pathway plan and provide such assistance as the person’s educational and training needs require. The local authority may take into account any payment made under section 23C(5A) when making their assessment of his needs (section 23CA(10)).
101.Section 23CA(6) requires the local authority to provide assistance (including appointment of a personal adviser and maintenance of the pathway plan) for as long as the young person continues to pursue the agreed educational or training programme, even where this goes beyond a young person’s 25th birthday.
Section 23: Extension of entitlements to personal adviser and to assistance in connection with education or training
102.Section 23D(1) of the 1989 Act enables regulations to be made requiring local authorities to appoint personal advisers for certain groups of young people. This power has not been exercised. Subsection (1)of Section 23 extends the upper end of the age range to which section 23D(1) applies so that regulations under that section will be able to require the appointment of a personal adviser for persons who are under 25.
103.Subsection (2) extends the upper end of the age range to which the powers for local authorities to provide assistance towards expenses incurred by a young person in education or training apply to age 25.
