Education and Skills Act 2008 (c. 25)

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

Prospective

Chapter 5 E+W Attendance notices

Attendance notices E+W

46 Attendance notice E+W

(1) This section applies where—

(a) a [F1 local authority] has given a notice to a person under section 45(2),

(b) this Part still applies to the person, and

(c) at any time after the date specified in the notice under section 45(2)(b), it appears to the [F1 local authority] that the person is, without reasonable excuse, failing to fulfil the duty imposed by section 2.

(2) The [F1 local authority] may, before the end of the period of 6 months beginning with the day on which the notice under section 45(2) was given to the person, give the person a further notice in accordance with this section (an “attendance notice”) requiring the person to participate in education or training specified in the notice.

(3) Subsections (6) and (7) of section 45 apply in relation to the giving of attendance notices as they apply in relation to the giving of notices under subsection (2) of that section.

(4) The education or training specified under subsection (2) must satisfy section 47.

(5) Where the education or training specified is education or training provided by means of a course, the attendance notice must specify—

(a) the school, college or other training or educational establishment at which the education or training is to be provided, and

(b) the name and description of the course.

(6) Where the education or training specified is training provided in accordance with a contract of apprenticeship otherwise than by a course, the attendance notice must specify prescribed details of the contract of apprenticeship.

(7) An attendance notice given to a person must specify—

(a) the place or places at which the person is required to attend,

(b) the time or times at which the person is required to attend,

(c) the person or persons to whom the person must present himself or herself,

and may specify other prescribed requirements relating to the description of education or training specified in the notice.

(8) An attendance notice must state—

(a) the period for which the notice has effect,

(b) the consequences of failing to comply with any requirement imposed by the notice, and

(c) such other matters as may be prescribed.

(9) An attendance notice given by a [F1 local authority] to a person has effect for the period beginning with the day on which it is given and ending with—

(a) the last day on which the person is a person to whom this Part applies, or

(b) if earlier, the day on which it is revoked.

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)

47 Attendance notice: description of education or training E+W

(1) This section must be satisfied in relation to education or training specified in an attendance notice given to a person to whom this Part applies by a [F1 local authority].

(2) The education or training must be provided—

(a) at a school, college or other training or educational establishment by means of a course, or

(b) in accordance with a contract of apprenticeship.

(3) The education or training must be such that, by participating in it, the young person would fulfil the duty imposed by section 2.

(4) For that purpose, account may be taken of any contract of employment of the person or other arrangement under which the person works.

(5) The education or training must—

(a) be appropriate full-time education or training, or

(b) otherwise be suitable for the person, having regard—

(i) to the person's age, ability and aptitude, and

(ii) to any [F2 special educational needs] which the person may have.

F3 (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7) Where the education or training is to be provided by means of a course, the [F1 local authority]—

(a) must have consulted the governing body or proprietor of the school, college or other training or educational establishment at which the education or training is to be provided, and

(b) must have made arrangements, or be satisfied that arrangements have been made, for the education or training to be provided there for the person.

(8) Where the education or training is training provided in accordance with a contract of apprenticeship, the [F1 local authority] must have consulted the employer in relation to the contract of apprenticeship.

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)

F2 Words in s. 47(5)(b)(ii) substituted (1.9.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 3 para. 85(a); S.I. 2014/889, art. 7(a)

F3 S. 47(6) omitted (1.9.2014) by virtue of Children and Families Act 2014 (c. 6), s. 139(6), Sch. 3 para. 85(b); S.I. 2014/889, art. 7(a)