Part I General

Chapter IIIF12local authorities

Annotations:
Amendments (Textual)

General functions

C3C4C1C8C9C5C6C10C715ZAC2C2F9Duty in respect of education and training for persons over compulsory school age: England

1

A F4local authority in England must secure that enough suitable education and training is provided to meet the reasonable needs of—

a

persons in their area who are over compulsory school age but under 19, and

b

persons in their area who are aged 19 or over F1and for whom an EHC plan is maintained.

2

A F4local authority may comply with subsection (1) by securing the provision of education or training outside as well as within their area.

3

In deciding for the purposes of subsection (1) whether education or training is suitable to meet persons' reasonable needs, a F4local authority must (in particular) have regard to—

a

the persons' ages, abilities and aptitudes;

b

any learning difficulties F8or disabilities the persons may have;

c

the quality of the education or training;

d

the locations and times at which the education or training is provided.

4

In performing the duty imposed by subsection (1) a F4local authority must—

a

act with a view to encouraging diversity in the education and training available to persons;

b

act with a view to increasing opportunities for persons to exercise choice;

c

act with a view to enabling persons to whom Part 1 of the Education and Skills Act 2008 applies to fulfil the duty imposed by section 2 of that Act;

d

take account of education and training whose provision the authority think might reasonably be secured by other persons.

5

A F4local authority must, in—

a

making any determination as to the provision of apprenticeship training that should be secured under subsection (1), or

b

securing the provision of any apprenticeship training under that subsection,

co-operate with F10the Secretary of State.

6

For the purposes of this section a person has a learning difficulty F7or disability if—

a

the person has a significantly greater difficulty in learning than the majority of persons of the same age, or

b

the person has a disability which either prevents or hinders the person from making use of facilities of a kind generally provided by institutions providing education or training for persons who are over compulsory school age.

7

But a person is not to be taken to have a learning difficulty F3or disability solely because the language (or form of language) in which the person is or will be taught is different from a language (or form of language) which has at any time been spoken in the person's home.

8

In this section—

  • “apprenticeship training” means training provided in connection with—

    1. aa

      F2an approved English apprenticeship agreement (within the meaning given in section A1(3) of that Act),

    2. a

      an apprenticeship agreement (within the meaning given in section 32 of the Apprenticeships, Skills, Children and Learning Act 2009),

    3. b

      any other contract of employment, F6...

    4. c

      any other kind of working in relation to which alternative English completion conditions apply under section 1(5) of that Act (meaning of “completing an English apprenticeship”);

    5. d

      F11an alternative English apprenticeship (within the meaning given in section A1(4) of that Act);

  • “education” includes full-time and part-time education;

  • “training” includes—

    1. a

      full-time and part-time training;

    2. b

      vocational, social, physical and recreational training;

    3. c

      apprenticeship training.

F59

The duty in subsection (1) does not apply in relation to persons in a local authority's area who are subject to a detention order.