Criminal Justice and Immigration Act 2008

Education requirement

25 (1) In this Part of this Act “education requirement”, in relation to a youth rehabilitation order, means a requirement that the offender must comply, during a period or periods specified in the order, with approved education arrangements.

(2) For this purpose, “approved education arrangements” means arrangements for the offender’s education—

(a) made for the time being by the offender’s parent or guardian, and

(b) approved by the local education authority specified in the order.

(3) The local education authority so specified must be the local education authority for the area in which the offender resides or is to reside.

(4) A court may not include an education requirement in a youth rehabilitation order unless—

(a) it has consulted the local education authority proposed to be specified in the order with regard to the proposal to include the requirement, and

(b) it is satisfied—

(i) that, in the view of that local education authority, arrangements exist for the offender to receive efficient full-time education suitable to the offender’s age, ability, aptitude and special educational needs (if any), and

(ii) that, having regard to the circumstances of the case, the inclusion of the education requirement is necessary for securing the good conduct of the offender or for preventing the commission of further offences.

(5) Any period specified in a youth rehabilitation order as a period during which an offender must comply with approved education arrangements must not include any period after the offender has ceased to be of compulsory school age.

(6) In this paragraph, “local education authority” and “parent” have the same meanings as in the Education Act 1996 (c. 56).