Part 2Functions in relation to children and young persons

Education and training

20Designated member of staff at school for pupils looked after by a local authority

I2I41

The governing body of a maintained school must designate a member of the staff at the school (“the designated person”) as having responsibility for promoting the educational achievement of registered pupils at the school who—

a

are being looked after by a local authority; or

b

fall within subsection (6).

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The governing body must ensure that the designated person undertakes appropriate training.

I1I33

The appropriate national authority may by regulations make provision requiring the governing body of a maintained school to ensure that the designated person has qualifications or experience (or both) prescribed by the regulations.

I2I54

In exercising its functions under this section a governing body of a maintained school must have regard to any guidance issued by the appropriate national authority.

I25

For the purposes of subsection (1)(a) a person is “looked after by a local authority” if the person is—

a

looked after by a local authority for the purposes of the 1989 ActF1, Part 6 of the 2014 Act or the Children (Scotland) Act 1995 (c. 36); or

b

looked after by an authority for the purposes of the Children (Northern Ireland) Order 1995 (S.I. 1995/755 (N.I. 2)).

I26

A person falls within this subsection if the person—

a

is a relevant child within the meaning of section 23A of the 1989 Act or article 34B of the Children (Northern Ireland) Order 1995;

b

is a former relevant child within the meaning of section 23C of the 1989 Act or article 34D of the Children (Northern Ireland) Order 1995; or

F2ba

is a category 2 or 3 young person within the meaning of section 104 of the 2014 Act,

c

has been looked after by a local authority for the purposes of the Children (Scotland) Act 1995 at any time after attaining the age of 16.

I2I57

In this section—

  • “appropriate national authority” means—

    1. a

      in relation to a governing body of a maintained school in England, the Secretary of State;

    2. b

      in relation to a governing body of a maintained school in Wales, the Welsh Ministers;

  • “maintained school” has the same meaning as in Chapter 1 of Part 3 of the Education Act 2002 (c. 32) (see section 39(1) of that Act);

  • “registered pupil” has the same meaning as in the Education Act 1996 (c. 56) (see section 434(5) of that Act).