Search Legislation

Apprenticeships, Skills, Children and Learning Act 2009

Changes to legislation:

There are outstanding changes not yet made by the legislation.gov.uk editorial team to Apprenticeships, Skills, Children and Learning Act 2009. Any changes that have already been made by the team appear in the content and are referenced with annotations. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.

Changes and effects yet to be applied to the whole Act associated Parts and Chapters:

 Help about changes and effects
Close

Changes and effects

This section lists the changes and effects yet to be applied to the whole Act, associated Parts and Chapters where applicable. This includes any insertions of whole new Parts, Chapters or provisions yet to be inserted into this Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing.

Whole provisions yet to be inserted into this Act (including any effects on those provisions):

Commencement Orders yet to be applied to the Apprenticeships, Skills, Children and Learning Act 2009

 Help about changes and effects
Close

Commencement Orders

This section lists the commencement orders yet to be applied to the whole Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing. Where applicable the commencement orders are listed under two headings, firstly those that bring some part of the Act you are viewing into force and secondly, those that bring into force legislation that affects some part of the legislation you are viewing. If you are viewing a prospective version or there is a prospective version available there may be commencement orders listed here that are relevant to the provision you are viewing.

Commencement Orders bringing provisions within this Act into force:

50Persons detained in youth accommodation: further provisionE+W

This section has no associated Explanatory Notes

After section 562 of the Education Act 1996 (c. 56) insert— Chapter 5A Persons detained in youth accommodation Provisions applying to detained persons

562AApplication of Act to detained persons

(1)In its application in relation to detained persons, this Act has effect subject to modifications prescribed by regulations made by the appropriate national authority.

(2)The power conferred by subsection (1) may not be exercised to modify the application of a provision of this Act if—

(a)the provision makes special provision in relation to detained persons, or a description of detained persons,

(b)the application of the provision in relation to detained persons, or a description of detained persons, is excluded by provision made by this Act, or

(c)the provision has effect in relation to detained persons, or a description of detained persons, subject to modifications made by this Act.

(3)References in this Chapter to a detained person are to a child or young person who is—

(a)subject to a detention order, and

(b)detained in relevant youth accommodation;

and, in provisions applying on a person's release, also include references to a person who, immediately before release, was a detained person.

562BDuty to take steps to promote fulfilment of potential

(1)Subsection (2) applies in relation to a detained person who is not a looked after child.

(2)The home authority must—

(a)during the period of detention in relevant youth accommodation, and

(b)on the person's release from detention in relevant youth accommodation,

take such steps as they consider appropriate to promote the person's fulfilment of his or her learning potential.

(3)Those steps must include, where it appears to the home authority appropriate for them to do so, making arrangements for the provision, on the person's release from detention—

(a)of education, or

(b)in the case of a person who is over compulsory school age, of education or training.

(4)Where the host authority make any determination as to the education or training to be provided for a detained person, the authority must have regard to—

(a)any information provided under section 562F by a [F1local authority] as to the level of the person's literacy and numeracy skills;

(b)any other information provided by the home authority under section 562F for the purpose of assisting any such determination.

562CDetained persons with special educational needs

(1)This section applies where, immediately before the beginning of the detention, a [F1local authority] were maintaining a statement under section 324 for a detained person.

(2)The authority must keep the statement while the person is detained in relevant youth accommodation.

(3)The host authority must use best endeavours to secure that appropriate special educational provision is made for the detained person while the person is detained in relevant youth accommodation.

(4)For the purposes of subsection (3), appropriate special educational provision is—

(a)the special educational provision that, immediately before the beginning of the detention, was specified in the statement,

(b)educational provision corresponding as closely as practicable to the special educational provision so specified, or

(c)if it appears to the host authority that the special educational provision so specified is no longer appropriate for the person, such special educational provision as reasonably appears to the host authority to be appropriate for the person.

562DAppropriate special educational provision: arrangements between [F2local authorities]

(1)This section applies where special educational provision is secured for a person in circumstances where section 562C applies.

(2)A [F1local authority] may supply goods and services to—

(a)the host authority, or

(b)any other person making the special educational provision in question.

(3)Goods and services may be supplied under subsection (2) only for the purpose of assisting the making or securing of that special educational provision.

562ELiteracy and numeracy assessments

(1)This section applies in relation to a detained person who is detained in particular relevant youth accommodation.

(2)The host authority must arrange for the level of the detained person's literacy and numeracy skills to be assessed as soon as reasonably practicable after the beginning of the period during which the person is detained in that accommodation.

(3)Subsection (2) does not apply if the authority are satisfied that they have evidence of the current level of the person's literacy and numeracy skills.

(4)The “current level” of a detained person's literacy and numeracy skills is the level of those skills at the beginning of the period during which the person is detained in the relevant youth accommodation in question.

Provision of information relating to detained persons

562FProvision of information about detained persons

(1)Any person who has provided education or training for a detained person (whether before or during the period of detention) may provide information relating to the detained person to—

(a)the home authority, or

(b)the host authority,

for the purposes of, or in connection with, the provision of education or training for the detained person.

(2)A [F1local authority] must, on a request under subsection (3), as soon as practicable provide to the person making the request such information that they hold relating to a detained person as is requested.

(3)A request is made under this subsection if it—

(a)is made by a person within subsection (4), and

(b)asks only for information which the person requires for the purposes of, or in connection with, the provision of education or training for the detained person (including education or training to be provided after the detained person's release from detention).

(4)Those persons are—

(a)any other [F1local authority];

(b)a youth offending team established under section 39 of the Crime and Disorder Act 1998;

(c)the person in charge of any place at which the detained person is detained or is expected to be detained;

(d)any person providing or proposing to provide education or training for the detained person.

(5)The Welsh Ministers must, on a request by the home authority or the host authority, provide a copy of any relevant assessment report for the purposes of the exercise of any function of that authority under section 18A or this Chapter.

(6)In subsection (5), “relevant assessment report” means a report of an assessment of a detained person conducted (whether before or during the period of detention)—

(a)under section 140 of the Learning and Skills Act 2000, and

(b)by virtue of arrangements made by the Welsh Ministers.

(7)Subsection (8) applies in relation to a detained person if it appears to the host authority that the person is to be released from detention in relevant youth accommodation.

(8)The host authority must provide to the home authority any information they hold which—

(a)relates to the detained person, and

(b)may be relevant for the purposes of, or in connection with, the provision of education or training for the detained person after the release.

(9)The information required to be provided under subsection (8) must be provided at such time as the host authority think reasonable for the purpose of enabling education or training to be provided for the detained person after the release.

(10)Nothing in subsections (7) to (9) requires the host authority to provide to the home authority information which it appears to the host authority that the home authority already have.

(11)In this section any reference to the host authority, in relation to a detained person, includes a reference to any [F1local authority] in whose area the person is expected to be detained.

562GInformation to be provided where statement of special educational needs previously maintained

(1)This section applies in relation to a detained person if, immediately before the beginning of the detention, a [F1local authority] were maintaining a statement under section 324 for the person.

(2)Subsections (3) and (4) apply where the home authority become aware (whether by notice under section 39A(2) of the Crime and Disorder Act 1998 (detention of child or young person: [F2local authorities] to be notified) or otherwise)—

(a)that the person—

(i)has become subject to a detention order, and

(ii)is detained in relevant youth accommodation, or

(b)that the person has been transferred from one place of accommodation to another place of accommodation which is relevant youth accommodation.

(3)If, immediately before the beginning of the detention, the home authority were maintaining the statement, they must send a copy of the statement to the host authority.

(4)If the home authority are or become aware that, immediately before the beginning of the detention, another [F1local authority] were maintaining a statement for the person under section 324, they must notify the host authority—

(a)of that fact, and

(b)of the identity of that other [F1local authority].

(5)The [F1local authority] who, immediately before the beginning of the detention, were maintaining the statement must, on a request by the host authority, send a copy of the statement to the host authority.

(6)Subsections (7) and (8) apply where the person is released from detention in relevant youth accommodation.

(7)The host authority must notify the following of the person's release—

(a)the home authority, and

(b)if different, the authority who, immediately before the beginning of the detention, were maintaining the statement under section 324.

(8)If the home authority are not the authority who, immediately before the beginning of the detention, were maintaining the statement, the host authority must also notify the home authority—

(a)of the fact that immediately before the beginning of the detention a statement was being maintained for the person by a [F1local authority] under section 324, and

(b)of the identity of that authority.

(9)Nothing in this section requires any [F1local authority] to notify another authority of any matter of which the other authority are already aware, or to send a copy of any statement to another authority who already have a copy of it.

562HRelease of detained person appearing to host authority to require assessment

(1)This section applies in relation to the release from detention in relevant youth accommodation of a detained person in relation to whom section 562G does not apply.

(2)Subsection (3) applies where it appears to the host authority that the detained person will, on release, be a child within the meaning of Part 4.

(3)If the host authority are of the opinion that the person has, or may have, special educational needs, they must, on the person's release, notify the home authority of their opinion.

(4)Subsections (5) and (6) apply where, on release, the detained person—

(a)will be over compulsory school age, or

(b)will cease to be of compulsory school age within one year.

(5)If—

(a)the host authority are of the opinion that the person has, or may have, a learning difficulty (within the meaning of section 15ZA (6) and (7)), and

(b)the home authority are a [F1local authority] in England,

the host authority must, on the person's release, notify the home authority of their opinion.

(6)If—

(a)the host authority are of the opinion that the person has, or may have, a learning difficulty (within the meaning of section 41 of the Learning and Skills Act 2000 (assessments relating to learning difficulties: Wales)) and

(b)the home authority are a [F1local authority] in Wales,

the host authority must, on the person's release, notify the Welsh Ministers of their opinion.

Supplementary

562IGuidance

In performing their functions under this Chapter a [F1local authority] must have regard to any guidance issued by the appropriate national authority.

562JInterpretation of Chapter

(1)In this Chapter—

  • the appropriate national authority” means—

    (a)

    in relation to England, the Secretary of State;

    (b)

    in relation to Wales, the Welsh Ministers;

  • beginning of the detention”, in relation to a person detained in relevant youth accommodation, means—

    (a)

    the beginning of the period of detention in such accommodation, or

    (b)

    where that period is part of a continuous period, comprising periods of detention in relevant youth accommodation and in other accommodation, the beginning of that continuous period;

  • detained person” has the meaning given by section 562A(3);

  • “the home authority”—

    (a)

    in relation to a child or young person who immediately before the beginning of the detention was, or at any time since then has been, a looked after child, means the [F1local authority] who are F3... looking after, or who have most recently been looking after, the person;

    (b)

    in relation to any other child or young person, means the [F1local authority] in whose area the person is ordinarily resident;

  • the host authority”, in relation to a child or young person detained in relevant youth accommodation, means the [F1local authority] in whose area the child or young person is detained;

  • looked after child” means a person who, for the purposes of the Children Act 1989 is a child looked after by a local authority; and references to the local authority looking after the person are to be read accordingly;

  • young person” includes a person aged 18.

(2)For the purposes of the definition of “beginning of the detention” in subsection (1), it is immaterial whether or not a period of detention is pursuant to a single order.

(3)In determining for the purpose of subsection (1) where a child or young person is ordinarily resident, any period when the person is subject to a detention order is to be disregarded.

(4)Regulations made by the appropriate national authority may make further provision for determining where a person is ordinarily resident for the purpose of that subsection.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

Commencement Information

I1S. 50 in force at 1.9.2010 for specified purposes for E. by S.I. 2010/303, art. 6, Sch. 5 (with arts. 9-11)

I2S. 50 in force at 1.4.2011 for specified purposes for W. by S.I. 2011/829, art. 2(b)

Back to top

Options/Help

Print Options

You have chosen to open The Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act as a PDF

The Whole Act you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open The Whole Act without Schedules

The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act without Schedules as a PDF

The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open the Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open the Whole Act without Schedules

The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open Schedules only

The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources