---

Education and Skills Bill

With this it will be convenient to discuss the following: New clause 9—Learning and support contracts (No. 2) ‘(1) This section applies where a person to whom this Part applies (““the young person””) is failing to fulfil the duty imposed by section 2. (2) A local education authority in England may enter into a learning and support contract with a young person— (a) if the young person is resident in that authority’s area; and (b) the authority considers that entering into the learning and support contract would be desirable in the interests of the young person’s fulfilment of that duty. (3) A learning and support contract is a document which contains— (a) a statement by the young person that the young person agrees to comply with such requirements as may be specified in the document for such period as so may be specified; and (b) a statement by the local education authority that it agrees to provide support to the young person for the purpose of complying with those requirements. (4) A learning and support contract must be signed by the young person, and signed on behalf of the local education authority. (5) A learning and support contract does not create any obligations in respect of whose breach any liability arises in contract or tort.’. New clause 13— Annual consultation with employers’ organisations ‘On each anniversary of the coming into force of Chapter 3 of Part 1 of this Act, the Secretary of State shall consult— (a) the Confederation of British Industry, (b) the Institute of Directors, (c) the British Chambers of Commerce, and (d) the Federation of Small Businesses, to assess the effect the provisions in this Chapter have had in the previous twelve months, on the employment market for 16 and 17 year old people.’. New clause 23— Participation in vocational education ‘(1) A pupil who has completed three years of secondary education may leave school in order to pursue full-time vocational education elsewhere if the conditions in subsection (2) are satisfied. (2) Those conditions are that the pupil— (a) has the written permission of their parent or guardian not to continue in full-time education at school; (b) has the written permission of the head teacher of the school at which they are registered as a pupil not to continue in full-time education at school; and (c) has achieved level 5 at key stage 3 in English, mathematics and science.’. Amendment No. 45, in clause 1, page 1, line 7, at beginning insert— ‘(1) This Part does not apply to any person who— (a) has full time learning responsibilities for a parent, sibling or other relation, (b) is a parent of a child under the age of 5, (c) is engaged in full time voluntary work, (d) has an illness requiring significant medical attention, or (e) has a terminal illness.’. Amendment No. 43, page 1, line 7, leave out ‘is resident’ and insert ‘lives’. Amendment No. 44, page 1, line 7, leave out ‘is resident’ and insert ‘currently resides’. Amendment No. 42, page 1, line 7, leave out ‘resident’. Amendment No. 1, page 1, line 10, at end insert ‘, and (d) is not engaged in full-time sport or on a sporting apprenticeship.’. Amendment No. 2, page 1, line 10, at end insert ‘, and (d) has not written to the relevant local authority to request that their education and training entitlement under section 2 should be delayed until a specified future date.’. Amendment No. 3, page 1, line 10, at end insert ‘, and (d) is not engaged in voluntary activity for more than 20 hours per week.’. Amendment No. 4, page 1, line 10, at end insert ‘, and (d) is not a parent of a child who is aged 1 year or less.’. Amendment No. 8, in clause 2, page 1, line 12, leave out from ‘applies’ to end of line 3 on page 2 and insert ‘shall be entitled to 2 years of free education or training up to level 3, to be taken at any time after leaving education at the present compulsory school leaving age.’. Amendment No. 7, page 1, line 17, leave out paragraph (c) and insert— ‘(c) be in full-time occupation (see section 5).’. Amendment No. 5, page 2, line 3, at end insert ‘, or (d) have signed and be participating in a learning and support contract entered into with a local education authority to provide personalised support leading to future participation in accredited education or training.’. Amendment No. 6, page 2, line 3, at end insert ‘, or (d) be in receipt of full-time non-educational support.’. Amendment No. 9, page 2, line 11, at end insert— ‘(3) This section may not come into force until the Secretary of State has published an assessment of the availability of suitable education and training opportunities in each local authority area.’. Amendment No. 46, page 2, line 11, at end insert— ‘(3) This section may not come into force until 90 per cent. of 16 and 17 year olds are, as certified by the Statistics Commission, participating in education or training.’. Amendment No. 47, page 2, line 11, at end insert— ‘(3) This section may not come into force until the Learning and Skills Council has certified that in its opinion there are sufficient contracts of apprenticeship of suitable quality available to meet the level of demand by persons to whom this Part applies.’. Amendment No. 48, in clause 3, page 2, line 18, after ‘two’, insert ‘knowledge-based’. Amendment No. 11, in clause 4, page 2, line 32, after ‘ability’, insert ‘, interests’. Amendment No. 10, page 2, leave out lines 34 and 35. Amendment No. 49, page 2, line 35, after ‘sector’, insert ‘, at home’. Amendment No. 50, page 2, line 35, after ‘sector’, insert ‘, in the workplace’. Amendment No. 12, page 2, line 41, at end insert— ‘(4) Regulations must provide for ““appropriate full-time education or training”” which— (a) is not in formal educational institutions, (b) is not accredited, (c) includes personalised support for non-educational needs.’. Amendment No. 13, in clause 6, page 4, line 6, leave out from ‘Part’ to end of line 7 and insert ‘training or education in relation to any person to whom this Part applies shall be regarded as ““relevant”” if and only if it is— (a) training or education towards an accredited qualification provided by a course or courses, or (b) in-house training provided by an employer, or (c) training or education which, if the person concerned were participating in full time education or training, would be considered appropriate having regard to the person’s age, ability, interests and aptitude, and any learning difficulties which the person may have.’. Amendment No. 51, page 4, line 7, at end insert ‘or in-house training provided by an employer in the course of full-time employment.’. Amendment No. 41, in clause 8, page 4, line 28, leave out from ‘it’ to end of line 39 and insert— ‘(a) amounts in aggregate to at least 280 hours of guided learning, in the case of a relevant period which is one year; (b) amounts in aggregate to such number of hours of guided learning as is determined in accordance with regulations, in the case of any other relevant period; or (c) is designed to lead within a year to credits with a value equivalent to the credit value normally attached to qualifications estimated to require 280 hours of guided learning by the QCA or other accrediting bodies whose functions and qualifications are recognised by the European Credit Framework.’. Amendment No. 30, page 4, line 29, leave out ‘guided learning’ and insert ‘learning time’. Amendment No. 31, page 4, line 31, leave out ‘guided learning’ and insert ‘learning time’. Amendment No. 32, page 4, line 34, leave out ‘guided learning’ and insert ‘learning time’. Amendment No. 33, page 4, line 35, leave out ‘actual guided’. Amendment No. 34, page 4, line 39, leave out ‘guided learning’ and insert ‘learning time’. Amendment No. 35, page 4, line 42, leave out ‘actual guided learning’ and insert ‘learning time’. Amendment No. 36, page 5, leave out lines 5 and 6 and insert ‘or (c) in any unsupervised preparation or study, whether at home or otherwise, which a person is expected by the lecturer, tutor, teacher or other appropriate provider to take to complete the learning outcomes of a qualification or part of a qualification.’. Amendment No. 37, in clause 9, page 5, line 15, leave out ‘guided learning’ and insert ‘learning time’. Amendment No. 38, page 5, line 21, leave out ‘guided learning’ and insert ‘learning time’. Amendment No. 39, page 5, line 26, leave out ‘guided learning’ and insert ‘learning time’. Amendment No. 40, page 5, leave out lines 34 and 35 and insert ‘or (c) on unsupervised preparation or study, whether at home or otherwise, where this work is allocated by a lecturer, tutor, supervisor or other appropriate provider of training or education.’. Amendment No. 29, in clause 10, page 6, line 2, at end insert— ‘(2) This duty applies to all such persons under the supervision of the local authority youth offending team, including those in custody.’. Amendment No. 54, in clause 14, page 8, line 8, leave out from ‘to’ to end of line 9 and insert ‘provide advice in relation to careers, education or training.’. Amendment No. 59, page 8, line 9, leave out ‘Part’ and insert ‘Chapter’. Amendment No. 16, page 8, line 13, at end insert ‘which relates directly to the pupil or student’s educational record, and educational and support needs.’. Amendment No. 57, page 8, line 15, leave out ‘if’ and insert ‘unless’. Amendment No. 58, page 8, line 20, leave out ‘not’. Amendment No. 55, page 8, line 21, at end insert— ‘(4A) An educational institution shall, at the beginning of each academic year, write to every student attending its institution informing them of their rights under subsection (4).’. Amendment No. 56, page 8, line 21, at end insert— ‘(4A) Information supplied under this section may not be used by a local education authority for the purpose of enforcing the duty to participate in education or training under the provision of Chapter 5 of this Part.’. Amendment No. 60, in clause 15, page 8, line 27, leave out ‘exercise its functions under this Part’ and insert ‘provide advice in relation to careers, education or training’. Amendment No. 62, page 8, line 27, leave out ‘Part’ and insert ‘Chapter’. Amendment No. 61, page 9, line 18, at end insert— ‘(8) Information supplied under this section may not be used by a local education authority for the purposes of enforcing the duty to participate in education or training under the provisions of Chapter 5 of this Part.’. Amendment No. 18, in clause 16, page 9, line 21, after ‘person’, insert ‘whose written consent for this supply of information has been sought and given.’. Amendment No. 63, page 9, line 22, leave out ‘exercise its functions under this Part’ and insert ‘provide advice in relation to careers, education or training’. Amendment No. 17, page 9, line 22, after ‘functions’, insert ‘solely in relation to providing support.’. Amendment No. 65, page 9, line 23, leave out ‘Part’ and insert ‘Chapter’. Amendment No. 66, page 9, line 31, at end insert— ‘(2A) Within seven days of supplying information the persons and bodies listed in subsection (2) must be inform the person about whom they are supplying information that such information has been supplied to a local education authority.’. Amendment No. 64, page 9, line 36, at end insert— ‘(4) Information supplied under this section may not be used by a local education authority for the purposes of enforcing the duty to participate in education or training under the provisions of Chapter 5 of this Part.’. Amendment No. 67, in clause 17, in page 10, line 5, leave out ‘for any relevant purpose’ and insert ‘only to provide advice in relation to careers education or training’. Amendment No. 68, page 10, line 12, at end insert— ‘(6A) Information supplied under this section may not be used by a local education authority for the purpose of enforcing the duty to participate in education or training under the provisions of Chapter 5 of this Part.’. Amendment No. 69, page 10, line 22, leave out ‘Part’ and insert ‘Chapter’. Amendment No. 19, in clause 21, page 11, line 37, leave out from ‘applies’ to end of line 11 on page 12 and insert ‘who has not either attained a level 3 qualification or who is not in certified or in-house education or training.’. Amendment No. 70, page 12, line 13, at end insert— ‘(4) For the purposes of this section, the steps that an employer is expected to take to fulfil its obligations in subsection (1) shall not include contacting a college of further education to verify— (a) that the young person is enrolled, (b) that the young person is attending courses, or (c) the number of hours of attendance the young person’s course requires.’. Amendment No. 71, in clause 34, page 19, line 16, at end insert— ‘(7) The provisions of this section shall not come into force until the recommendations of the review of the national strategy for carers have been implemented.’. Amendment No. 72, in clause 39, page 22, line 8, at end insert— ‘(7A) In this section, ““reasonable excuse”” includes circumstances in which a young person— (a) is homeless, (b) has health problems, including temporary illness, long term disability or ongoing mental health issues, (c) has addiction problems, (d) has secured a place on a course which does not start until the following month or the following term, (e) is recovering from giving birth, (f) has caring responsibilities, or (g) has particular learning difficulties for which support has not been put in place.’. Amendment No. 73, in clause 40, page 22, line 17, leave out ‘and’. Amendment No. 74, page 22, line 20, at end insert ‘and (d) all other measures have been undertaken by the local authority to encourage the young person to fulfil the duty imposed by section 2.’. Government amendment No. 100 Amendment No. 22, in clause 41, page 23, line 23, at end insert ‘, having regard to a person’s age, ability, interests, aptitudes and needs (if any) for personalised support and personalised learning opportunities.’. Amendment No. 75, page 23, line 23, at end insert— ‘, having regard to a person’s ability, prior educational attainment and special educational needs.’. Amendment No. 76, page 23, line 23, at end insert— ‘, having regard to a person’s needs and circumstances.’. Amendment No. 78, in clause 42, page 23, line 37, leave out second ‘a’ and insert ‘an independent’. Amendment No. 77, page 23, line 37, after ‘panel’ insert ‘of three people’. Amendment No. 23, page 23, line 38, at end insert— ‘(1A) The regulations shall provide for a duty on local authorities to make available independent advocacy services for those young people who would benefit from such services.’. Amendment No. 79, page 24, line 7, leave out ‘chairs’ and insert ‘is a member of’. Amendment No. 80, page 24, line 7, after ‘member’ insert ‘or employee’. Amendment No. 20, in clause 43, page 24, line 29, at end insert— ‘(4) In considering an appeal the attendance panel must invite the young person who is appealing against the attendance notice, or the young person’s nominated representative, to make representations to it.’. Amendment No. 81, page 24, line 29, at end insert— ‘(4) Regulations made under subsection (3) shall provide that a young person making an appeal may attend the attendance panel appeal hearing and, if they wish, may be accompanied by an advocate or friend.’. Amendment No. 24, in clause 45, page 25, line 19, at end insert— ‘(2A) It is a defence for a person charged with an offence under subsection (1) to show that he or she is— (a) in treatment for a serious medical condition, (b) terminally ill, (c) caring for a family member who is seriously ill, or (d) unlikely to benefit from the education, training or service offered.’. Amendment No. 25, in page 25, line 21, at end insert— ‘(4) No offence under this section will have to be disclosed by a person who is convicted of the offence of failing to comply with an attendance notice.’. Amendment No. 82, in page 25, line 21, at end insert— ‘(4) A conviction under this section shall be regarded as spent on the date the young person convicted of such an offence reaches the age of 18.’. Amendment No. 83, in page 25, line 21, at end insert— ‘(4) A conviction under this section shall not be— ‘(a) a recordable offence under the National Police Records (Recordable Offences) Regulations 2000 (S.I 2000/1139), and (b) disclosed in Criminal Records Bureau checks.’. Amendment No. 84, in page 25, line 21, at end insert— ‘(4) A conviction under this section shall be regarded as spent after 12 months.’. Government amendment No. 105 Amendment No. 85, in clause 46, page 26, line 3, after ‘45’, insert ‘and an advocate or friend’. Amendment No. 86, in clause 47, page 26, line 15, after ‘notice’ insert ‘for the payment of £50’. Amendment No. 26, page 26, line 28, at end insert ‘, provided that such penalty does not exceed £50 or the weekly amount of maximum educational maintenance allowance.’. Amendment No. 21, in clause 48, page 27, line 19, at end insert— ‘(4) In considering an appeal the attendance panel must invite the young person who is appealing against the penalty notice, or the young person’s nominated representative, to make representations to it.’. Amendment No. 87, in page 27, line 19, at end insert— ‘(4) Regulations made under subsection (3) shall provide that a young person making an appeal may attend the attendance panel appeal hearing and, if they wish, may be accompanied by an advocate or friend.’. Amendment No. 88, in clause 54, page 30, line 7, leave out ‘services’ and insert ‘information, advice and guidance about education and career opportunities’. Amendment No. 89, page 30, line 9, at end insert— ‘(1A) Services made available under subsection (1) shall be appropriate to the needs of the young person, including those young people with special educational needs.’. Amendment No. 152, in clause 59, page 33, line 16, at end insert— ‘(c) the provision, in response to requests by young persons and relevant young adults with visual impairment, of text books and educational course materials, capable of enlargement and enhancement by electronic means.’. Amendment No. 150, in clause 67, page 39, line 26, after ‘includes’, insert ‘workplace based’. Amendment No. 151, page 39, line 30, after ‘includes’, insert ‘workplace based’. Amendment No. 91, in clause 68, page 40, line 8, at end insert— ‘(2) The Secretary of State shall commission an independent review into the effectiveness of the transport arrangements of local authorities, schools and colleges resulting from the entitlement to study each of the diploma lines.’. Amendment No. 92, page 40, line 8, at end insert— ‘(2) This section may not come into force before the Secretary of State has published the research conducted by York Consulting into the transport needs arising from the introduction of diplomas.’.