Children and Young Persons Act 2008 (c. 23)

Part 2 E+W Functions in relation to children and young persons

Education and training E+W

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

(1) 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).

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

[F1 (2A) If the school is in England, the governing body must ensure that the designated person has regard to any guidance issued by the Secretary of State.]

(3) 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.

(4) 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.

(5) 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 Act [F2 , 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)).

(6) 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

[F3 (ba) 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.

(7) In this section—

• “appropriate national authority” means—

  (a)

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

  (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).

Textual Amendments

F1 S. 20(2A) inserted (1.9.2018) by Children and Social Work Act 2017 (c. 16), ss. 7, 70(2); S.I. 2018/497, reg. 4(a)

F2 Words in s. 20(5)(a) inserted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (No. 413), regs. 2(1), 262(a)

F3 S. 20(6)(ba) inserted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (No. 413), regs. 2(1), 262(b)

Commencement Information

I1 S. 20(1)(2)(4)-(7) in force at 1.9.2009 for E. by S.I. 2009/2273, art. 2(2)(f)

I2 S. 20(1)(2) in force at 1.9.2011 for W. by S.I. 2011/949, art. 3(2)

I3 S. 20(3) in force at 12.2.2009 for E. by S.I. 2009/268, art. 3(1)(c)

I4 S. 20(3) in force at 26.4.2010 for W. by S.I. 2010/1329, art. 2(f)

I5 S. 20(4)(7) in force at 1.9.2011 for W. by S.I. 2011/949, art. 3(2)