Legalize / United Kingdom / Public General Act

Education and Skills Act 2008

Type Public General Act

Publication 2008-11-26

State In force

Department Statute Law Database

Source legislation.gov.uk

Reform history JSON API

Part 1 — Duty to participate in education or training: England

Chapter 1 — Young persons

Duty to participate in education or training

Persons to whom Part 1 applies

1

This Part applies to any person who is resident in England and who—

(a) has ceased to be of compulsory school age,

(b) has not reached the age of 18, and

Duty to participate in education or training

2

(1) A person to whom this Part applies must—

(a) be participating in appropriate full-time education or training (see section 4),

(b) be participating in training in accordance with a contract of apprenticeship or an apprenticeship agreement, or

(i) be in full-time occupation (see section 5), and

(ii) participate in sufficient relevant training or education in each relevant period (see sections 6 to 8).

(2) For the purposes of this Part, a person who is in full-time occupation is to be taken to be participating in sufficient relevant training or education at any particular time if—

(a) arrangements have been made (whether by means of enrolment on a course or courses, or otherwise) for the person to receive sufficient relevant training or education during the current relevant period, and

(b) where the arrangements call for the person to be participating in training or education at the time, the person is so participating.

Interpretation

Level 3 qualification

3

(1) In this Part, “level 3 qualification” means a prescribed ... qualification, or a qualification of a prescribed description, at level 3.

(2) For this purpose, level 3 is the level of attainment (in terms of breadth and depth) which, in the opinion of the Secretary of State, is demonstrated by the General Certificate of Education at the advanced level in two subjects.

(3) A qualification, or description of qualification, prescribed under subsection (1) may be prescribed by reference to an assessment made by the Office of Qualifications and Examinations Regulation (in this Part referred to as “Ofqual”) of the level of attainment demonstrated by a qualification; and for that purpose regulations under subsection (1) may confer a function (which may include the exercise of a discretion) on Ofqual.

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) The Secretary of State may by order amend subsection (2) so as to substitute a different qualification for the qualification for the time being referred to.

Appropriate full-time education or training

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(1) In this Part, “appropriate full-time education or training”, in relation to a person, means full-time education or training which is suitable for the person, having regard—

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

(b) to any special educational needs which the person may have,

and is provided at a school, at a college of further education, at an institution within the higher education sector or otherwise.

(2) Regulations may provide that a particular description of—

(a) education provided otherwise than at a school, or

(b) training,

is, or is not, to be treated as being “full-time” for the purposes of this section.

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Full-time occupation

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(1) For the purposes of this Part, a person is in full-time occupation if the person works for at least 20 hours per week—

(a) under a contract of employment, or

(b) in any other way which may be prescribed,

otherwise than under a short-term contract or arrangement.

(2) The power conferred by subsection (1)(b) includes, in particular, power to prescribe the following ways of working—

(a) as a self-employed person,

(b) otherwise than for reward, or

(3) For the purposes of this section, the number of hours for which a person works per week is—

(a) the number of the person's normal weekly working hours, less

(b) the number of hours of actual guided learning—

(i) which constitute relevant training or education, and

(ii) in which the young person participates each week during normal weekly working hours.

(4) In subsection (3)—

normal weekly working hours—in relation to a person employed under a contract of employment, means the person's normal working hours in a week, andin relation to a person working in a way prescribed under subsection (1)(b), has the prescribed meaning;

“actual guided learning” has the meaning given by section 8(3).

(5) Section 234 of the Employment Rights Act 1996 (c. 18) (construction of references to normal working hours where employee entitled to overtime pay) applies for the purposes of the definition of “normal weekly working hours” in subsection (4) as it applies for the purposes of that Act.

(6) Regulations may make provision for a person to be, or not to be, treated as working for at least 20 hours per week in cases where the number of hours for which the person works per week (calculated under subsection (3)) varies from week to week.

(7) Where a person works otherwise than under—

(a) a single contract of employment, or

(b) a single arrangement (in the case of a way of working prescribed under subsection (1)(b)),

the number of hours for which the person works per week is the aggregate of the amounts calculated under subsection (3) in relation to each of the contracts or arrangements under which the person works.

(8) For the purposes of subsection (1)—

(a) a contract of employment is a short-term contract unless it—

(i) has a fixed term of 8 weeks or longer, or

(ii) does not have a fixed term but has been, or can reasonably be expected to be, in force for at least 8 weeks;

(b) an arrangement, in the case of a way of working prescribed under paragraph (b) of that subsection, is a short-term arrangement unless it has been, or can reasonably be expected to be, in force for at least 8 weeks.

Sixth form admissions etc

6

(1) In this Part, “relevant training or education” means training or education towards a regulated qualification provided by a course or courses.

(2) “Regulated qualification” has the same meaning as in Part 7 of the Apprenticeships, Skills, Children and Learning Act 2009 (see section 130 of that Act).

Short title

7

(1) In this Part, “relevant period”, in relation to a person, means a period beginning with a start date and ending with the next end date.

(2) The following are start dates for the purposes of subsection (1)—

(a) a date on which subsection (4) starts to apply to the person;

(b) the date immediately following the end of a relevant period (if on that date that subsection still applies to the person).

(3) The following are end dates for the purposes of subsection (1)—

(a) a prescribed date;

(b) a date on which subsection (4) ceases to apply to the person.

(4) This subsection applies to a person at any time when—

(a) this Part applies to the person, and

(b) the person is not participating in education or training in accordance with section 2(1)(a) or (b).

Sufficient relevant training or education

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(1) For the purposes of this Part, relevant training or education is “sufficient” in relation to any relevant period if it amounts in aggregate to—

(a) at least 280 hours of guided learning, in the case of a relevant period which is one year;

(b) such number of hours of guided learning as is determined in accordance with regulations, in the case of any other relevant period.

(2) For the purposes of this Part, a person participates in a particular number of hours of guided learning by—

(a) participating in actual guided learning for that number of hours, or

(b) completing a course or courses which can reasonably be expected to be adequate to enable persons completing it or them to achieve any standard required to attain a form of a regulated qualification to which that number of hours of guided learning has been assigned.

(3) In subsection (2)—

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

“actual guided learning”, in relation to a person, means time the person spends—being taught or given instruction by a lecturer, tutor, supervisor or other appropriate provider of training or education, orotherwise participating in education or training under the immediate guidance or supervision of such a person,but does not include time spent on unsupervised preparation or study, whether at home or otherwise;

“assigned” means assigned by a recognised body in accordance with section 145 of the Apprenticeships, Skills, Children and Learning Act 2009;

“regulated qualification” has the same meaning as in Part 7 of the Apprenticeships, Skills, Children and Learning Act 2009 (see section 130 of that Act).

(4) Regulations may make provision for attributing to any relevant period a number of hours of guided learning in which a person participates (or is treated by the regulations as participating) by virtue of subsection (2)(b) in cases where courses do not begin and end during a single relevant period.

Assignment of numbers of hours of guided learning to external qualifications

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. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Chapter 2 — local authorities and educational institutions etc

Duty to promote fulfilment of duty imposed by section 2

Local education authority to promote fulfilment of duty imposed by section 2

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A local authority in England must ensure that its functions are (so far as they are capable of being so exercised) exercised so as to promote the effective participation in education or training of persons belonging to its area to whom this Part applies with a view to ensuring that those persons fulfil the duty imposed by section 2.

Duty to promote good attendance

Educational institutions: promotion of good attendance

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(1) The governing body of an institution in England to which this section applies must exercise its functions (so far as they are capable of being so exercised) so as to promote the participation, through regular attendance, of persons to whom this Part applies and for whom the institution provides education or training in that education or training.

(2) This section applies to—

(a) a community, foundation or voluntary school;

(b) a community or foundation special school;

(d) an institution within the further education sector.

(3) For the purposes of this section, governing body—

(a) in relation to a pupil referral unit maintained by a local authority , means any management committee established for the unit by virtue of paragraph 15 of Schedule 1 to the Education Act 1996 (c. 56) or, if there is no such committee, the authority, and

(b) in relation to an institution within the further education sector has the meaning given by section 90 of the Further and Higher Education Act 1992 (c. 13).

Duty to identify persons not fulfilling duty imposed by section 2

Duty to make arrangements to identify persons not fulfilling duty imposed by section 2

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A local authority in England must make arrangements to enable it to establish (so far as it is possible to do so) the identities of persons belonging to its area to whom this Part applies but who are failing to fulfil the duty imposed by section 2.

Information

Notification of non-compliance with duty imposed by section 2

13

(1) Where—

(a) arrangements have been made for a person to whom this Part applies to participate in education or training provided by an educational institution in England,

(b) the person is not participating in that education or training at a time when the arrangements call for the person to be so participating, and

(c) the responsible person has reasonable cause to believe that in consequence of that failure to participate the person is failing to fulfil the duty imposed by section 2,

the responsible person must give notice to the appropriate service provider of those circumstances.

(2) Where a local authority—

(a) itself provides services in exercise of its functions under section 68(1), and

(b) receives a notice under subsection (1) relating to a person to whom this Part applies who belongs to the area of another local authority,

it must as soon as reasonably practicable give notice to the service provider for the other local authority of the circumstances notified to it under subsection (1).

(3) Subsection (4) applies where, in exercise of its functions under section 68(3)(b), a local authority makes arrangements with another person (“ the provider ”) for the provision of services.

(4) The arrangements must secure that, as soon as reasonably practicable after receiving a notice under subsection (1) relating to a person to whom this Part applies who belongs to the area of another local authority, the provider gives notice to the service provider for the other local authority of the circumstances notified to the provider under subsection (1).

(5) In this section—

“ educational institution ” means— a community, foundation or voluntary school,a community or foundation special school,a city technology college, a city college for the technology of the arts or an Academy,a pupil referral unit,an institution within the further education sector, oran institution (other than one within any of paragraphs (a) to (e)) in receipt of funding from a local authority or the Secretary of State;

“ responsible person ” means— in relation to a school within paragraph (a) or (b) of the definition of “educational institution”, the governing body;in relation to an institution within paragraph (c) or (f) of that definition, the proprietor;in relation to a pupil referral unit, the local authority by which it is maintained;in relation to an institution within the further education sector, the governing body within the meaning given by section 90 of the Further and Higher Education Act 1992 (c. 13);

“ service provider ”, in relation to a local authority, means— where the authority itself provides services in exercise of its functions under subsection (1) of section 68, the authority;where, in exercise of its functions under subsection (3)(b) of that section, the authority makes arrangements for the provision of services, the person providing those services;

“ the appropriate service provider ”, in relation to an educational institution, means the service provider of the local authority in whose area the institution is situated.

Educational institutions: duty to provide information

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(1) Relevant information about a pupil or student—

(a) who is attending an educational institution in England, and

(b) to whom this Part applies,

must, on request by a local authority in England, be provided by the responsible person to the authority.

(2) A local authority may request information under subsection (1) only for the purpose of enabling or assisting it to exercise its functions under this Part.

(3) For the purpose of subsection (1), “ relevant information ” means—

(a) the name, address and date of birth of the pupil or student;

(b) the name and address of a parent of the pupil or student;

(4) Information within subsection (3)(c) must not be provided under subsection (1) if—

(a) the pupil or student concerned, in the case of a pupil or student who has attained the age of 16, or

(b) a parent of the pupil or student concerned, in the case of a pupil or student who has not attained the age of 16,

has instructed the responsible person not to provide information of that kind under this section.

(5) In this section, “educational institution” and “responsible person” have the same meanings as in section 13.

Supply of social security information

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Supply of information by public bodies

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(1) Any of the persons or bodies mentioned in subsection (2) may supply information about a person to a local authority in England for the purpose of enabling or assisting the authority to exercise its functions under this Part.

(2) Those persons and bodies are—

(a) a local authority,

(aa) a non-metropolitan district council for an area for which there is a county council,

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(da) an integrated care board,

(e) a chief officer of police,

(f) a provider of probation services,

(g) a local probation board, and

(h) a youth offending team.

(3) In this section—

“ local probation board ” means a local probation board established under section 4 of the Criminal Justice and Court Services Act 2000 (c. 43);

“ youth offending team ” means a team established under section 39 of the Crime and Disorder Act 1998 (c. 37).

Sharing and use of information held for purposes of support services or functions under this Part

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(1) Any persons within subsection (2) may —

(a) provide relevant information to each other;

(b) make arrangements for the holding by either of them of information provided, or which could be provided, under paragraph (a).

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