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Explanatory Notes to Learning And Skills Act 2000
2000 Chapter 21 | ||||||||||
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These notes refer to the Learning and Skills Act 2000 which received Royal Assent on 28 July 2000 (c.21). Learning And Skills Act 2000
EXPLANATORY NOTESINTRODUCTION1. These explanatory notes relate to the Learning and Skills Act 2000 which received Royal Assent on 28 July 2000. They have been prepared by the Department for Education and Employment (DfEE), with assistance from the National Assembly for Wales (NAW), in order to assist the reader of the Act and to help inform debate on it. They do not form part of the Act and have not been endorsed by Parliament.
2. These notes need to be read in conjunction with the Act. They are not, and are not meant to be, a comprehensive description of the Act. So where a section or part of a section does not seem to require any explanation or comment, none is given.
SUMMARY3. In June 1999, the Government published a White Paper, Learning to Succeed, on its proposals for post-16 learning. It proposed reforms to modernise and simplify arrangements for the planning, funding, delivery and quality assurance of post-16 education and training (other than higher education). It sought to improve coherence with secondary education. It also sought to bring together other bodies responsible for learning opportunities and the development of skills in the workforce.
4. The White Paper built on the principles first set out in the Government's Green Paper, The Learning Age, and two consultation exercises launched in July 1998 and March 1999 on, respectively, a review of Training and Enterprise Councils (TECs) and on the structures for post-16 education and training. Linked with the White Paper were further consultation exercises: the first, on the funding of school sixth forms and the second, on proposals for a new support service for young people recommended by the Social Exclusion Unit (SEU).
5. The Secretary of State for Education and Employment published his conclusions following those consultation exercises and set out his proposals for how the new post-16 structure would work at national and local level in the Learning and Skills Council Prospectus, published on 14 December 1999. His conclusions on the new youth support service (the Connexions Service) were published in a document called Connexions - the best start in life for every young person on 3 February 2000.
6. Following public consultation, the Education and Training Action Group for Wales published its Action Plan for post-16 learning in March 1999 and submitted its proposals to the National Assembly for Wales. The Action Plan made recommendations for modernising the planning and delivery of high quality post-16 education and training in Wales. On 1 February 2000, the National Assembly endorsed the overall principles, objectives and outcomes set out in the Action Plan.
7. At Annex 1 is a list of relevant documents. The Act gives effect to the proposals set out in these documents.
8. The core of the Act is the establishment of a new non-departmental public body, the Learning and Skills Council for England (LSC) which will be responsible for post-16 learning, other than higher education. It will take over functions performed by the Further Education Funding Council for England (FEFCE) and the functions currently contracted by the Secretary of State to TECs. The LSC will operate through a network of 47 local councils. It will take on from Local Education Authorities (LEAs) their duties in respect of adult and community learning. The divisions between the responsibilities for the provision of further education in colleges, work-based training and adult and community learning will be removed.
9. The Act also brings about changes in Wales. It creates a new National Council for Education and Training for Wales (CETW) with broadly similar functions to the LSC in England, but with some variations to reflect Welsh circumstances.
10. The new structures will be supported at local and national level by rigorous and independent external inspection. In England, the Act establishes a new Adult Learning Inspectorate (ALI) which will inspect all further education for those aged 19 and over and work-based training for all ages. The Act also extends the functions of the Office for Standards in Education (OFSTED), enabling it to inspect provision for 16 to 19 year olds in the further education sector as well as in schools. The Act provides for a single common framework for inspection to be drawn up and agreed by OFSTED and ALI; provides for joint inspections where the provision falls within the remit of both bodies; and also provides for inspections of provision across a geographical area. In Wales, the current Inspectorate, Estyn, will take on wider responsibilities for all post-16 inspection. The LSC and the CETW are to have powers to intervene where inspections have found that LEA-maintained 16 to 19 provision is inadequate.
11. The Act enables the Secretary of State to establish a new youth support service in England, to be known as the Connexions Service. The aim of the new service will be to work with young people of all abilities to give them advice, guidance and support to participate effectively in learning. It will provide a universal service and pay particular attention to removing the barriers to participation in learning from the young people most disadvantaged. The Act will place a duty on other statutory bodies to co-operate with and support the new service and enable effective collecting and sharing of relevant information about the status of young people. The Act will require the Secretary of State to make arrangements for inspection of the service provision. In Wales, the Act empowers the National Assembly for Wales to enhance local youth support services for all 11 to 25 year olds through local authorities, voluntary organisations or others.
12. The Act aims to improve the coherence between the secondary education and further education (FE) systems by providing for funding for school sixth forms to flow to LEAs from the LSC and the CETW, by removing obstacles to collaboration between the national funding body, schools, LEAs and FE institutions and by enabling the creation of LEA-maintained institutions for 16 to 19 year olds.
13. Other provisions of the Act include:
ANNEXES14. There are three annexes to these Notes:
BACKGROUND15. The following paragraphs give a brief description of the legislative and operational framework before this Act comes into force for the planning and funding of post-16 learning outside higher education; the inspection of provision for post-16 learning; and careers and education services to young people.
16. Broadly speaking, there are three routes for securing the provision of post-16 learning: the Further Education Funding Councils of England and Wales, Training and Enterprise Councils and Local Education Authorities.
The Further Education Funding Councils17. The FEFCs are statutory corporations created by section 1 of the Further and Higher Education Act 1992. They have a duty to secure for the population of England and Wales the provision of sufficient facilities for full-time education for all 16 to 18 year olds wanting such education. They also have a duty to secure the provision of adequate facilities for part-time education for those over compulsory school age and full-time education for those aged 19 or over, where education is provided by means of a course described in Schedule 2 to the Further and Higher Education Act 1992.
18. The FEFCs also have a power to secure the provision of courses which do not fall within Schedule 2. The FEFCs may only fund institutions in the FE or HE sectors. The only exception is where they consider it might be better to meet the needs of people with learning difficulties outside the FE sector. The FE sector consists mainly of former LEA-maintained FE and sixth form colleges, which were incorporated as statutory FE corporations in 1993, and other institutions, including former voluntary aided schools, that were designated as being eligible for funding from the FEFCs. The Further and Higher Education Act 1992 established the FE sector and provided for the incorporation of FE institutions. That Act's provisions will continue to apply, subject to the amendments and repeals in this Act.
Training and Enterprise Councils19. There are 72 TECs in England and 4 in Wales and they are all private companies, usually limited by guarantee. Some have merged with Chambers of Commerce to form Chambers of Commerce, Training and Enterprise (CCTEs). They are funded by Government, primarily under powers contained in section 2(2) of the Employment and Training Act 1973, to provide training programmes and to give support and advice to local businesses. They operate on a licence agreement with the Government and are supported by annual funding contracts. The Government contracts with TECs to deliver a wider range of programmes and activities including those with funding from the Single Regeneration Budget. In addition, TECs can bid for and receive funding from other sources including the European Social Fund and can generate money by selling services to business. The Government issued contractual notices to TECs in England in July 1999 informing them that their licences will expire on 25 March 2001. No organisation will be able to trade as a TEC from that date.
Local Education Authorities20. LEAs are responsible for the funding of school sixth forms. Section 20 of the School Standards and Framework Act 1998 sets out the types of schools which are maintained by LEAs and section 22 of that Act sets out the extent of the LEAs' obligation to maintain such schools. The financing of maintained schools is covered in detail by sections 45 to 53 of that Act.
21. LEAs are also responsible for certain categories of further education. Under section 15(1) of the Education Act 1996, local authorities have a duty to secure the provision for their area of adequate facilities for further education. Section 15(2) qualifies this duty by saying that it does not apply to education to which sections 2(1) and 3(1) of the Further and Higher Education Act 1992 apply. Provision under these sections is made by means of one of the courses listed in Schedule 2 to that Act and is the responsibility of the FEFCs. Under section 15(3) of the Education Act 1996, LEAs may, in respect of part-time education for those over compulsory school age and full-time education for those over 18, secure the provision for their area of appropriate facilities. They may also secure the provision of further education for persons of other areas.
22. Essentially, the duty of local authorities in relation to further education begins where the remit of the FEFCs ends: provision which is not covered by Schedule 2 to the 1992 Act (generally, therefore, further education that does not lead to formal national qualifications or otherwise meet the criteria for funding by the FEFCs). Under section 15A(1) of the Education Act 1996, LEAs also have a power to secure full-time provision for 16-18 year olds (for which the FEFCs have the statutory duty). Section 55(4) and (5) of the Further and Higher Education Act 1992 places a duty on LEAs to keep under review the quality of education in institutions maintained or assisted by them and allows them to cause inspections to be made by authorised persons who are suitably qualified.
23. Section 508 of the Education Act 1996 states that it is the duty of every LEA to make sure that further education provided in their area includes adequate facilities for recreation and social and physical training. For that purpose an authority may establish, maintain and manage facilities such as playing fields, gymnasia and swimming baths, and may organise or assist in expeditions and other activities for people for whom they owe the duty to secure further education. The section is the statutory basis for the youth service provided by local authorities. The youth service provides a range of services including youth clubs, information centres and specialist centres and is increasingly working with young people at risk.
Inspection24. Until the provisions of this Act come into force, responsibility for inspecting publicly-funded post-16 education and training provision in England will continue to lie with three bodies.
25. The Office of Her Majesty's Chief Inspector of Schools in Wales (Estyn), a non-Ministerial Government Department comprising Her Majesty's Chief Inspector and her staff, inspects post-16 education and training provision in Wales. The School Inspections Act 1996 sets out Estyn's functions in relation to the inspection of schools, including schools' sixth forms. Section 55 of the Further and Higher Education Act 1992 deals with Estyn's inspection of LEAs' post-16 provision other than in schools. Section 9 of the Further and Higher Education Act 1992 places a duty on the FEFCW to secure that provision is made for assessing the quality of education provided in the further education sector, and the Funding Council contracts with Estyn for this purpose. The Teaching and Higher Education Act 1998 enables Estyn to inspect TECs' training and training-related programmes in Wales.
Careers Services and services for young people26. Sections 8 to 10 of the Employment and Training Act 1973, as amended by sections 45 and 46 of the Trade Union Reform and Employment Rights Act 1993, form the basis of the Careers Service. This legislation places a duty on the Secretary of State and the National Assembly to secure the provision of information, advice and guidance for people in full-time education (except higher education) or in part-time vocational education in order to assist them in deciding what employment will be suitable for them, and what education and training will be necessary to enable them to obtain that employment. The Secretary of State and the National Assembly also have a power to secure careers services to assist people who are not engaged in full or part-time education. The Secretary of State and the National Assembly can make arrangements and give directions to other people in order to arrange for the provision of careers services. These duties are discharged in England and Wales through contracts with careers service companies. In England, the provision is inspected by DfEE staff and is the subject of an annual report by the Secretary of State to Parliament. In Wales, the provision is inspected by Estyn under section 35 of the Teaching and Higher Education Act 1998. The Connexions Service for England will include work currently undertaken by the Careers Service.
27. Section 44 of the Education Act 1997 requires the heads and governors of publicly funded schools and colleges to provide careers advisers on request with the names and addresses of pupils or students, information about pupils or students that careers advisers need in order to give guidance, and access to those pupils or students at reasonable times. A "careers adviser" is defined as a person employed by a body providing services under section 10 of the Employment and Training Act 1973. Section 43 of the Education Act 1997 requires maintained schools to provide programmes of careers education in years 9 to 11; such programmes are a necessary foundation for careers information and guidance. Section 45 of the Education Act 1997 requires the heads and governors of schools and colleges to give pupils and students access to careers guidance materials.
OVERVIEW OF THE ACT28. The Act is in five parts:
PART I - LEARNING AND SKILLS COUNCIL FOR ENGLAND29. This Part establishes the Learning and Skills Council (LSC) which will be responsible for the development, planning, funding and management of post-16 education and training. The LSC will act at local level through local councils (the Secretary of State announced on 29 February 2000 that there will be 47) responsible for raising standards and securing provision to match local learning and skills needs.
PART II - NATIONAL COUNCIL FOR EDUCATION AND TRAINING FOR WALES30. This Part establishes the National Council for Education and Training for Wales (CETW). Most of its duties and powers replicate those of the LSC.
PART III - INSPECTIONS IN ENGLAND31. This Part establishes the Adult Learning Inspectorate (ALI), which will have responsibility for inspecting education provision for people from the age of 19 and for work-based training provision for all ages. This Part will also extend OFSTED's remit to inspect provision for 16 to 19 year olds in schools and colleges. It will establish a common inspection framework and make arrangements for joint working in institutions where the inspectorates' remits overlap.
PART IV - INSPECTIONS IN WALES32. This Part extends the remit of Her Majesty's Chief Inspector of Schools in Wales to inspect all post-16 education and training and renames the office holder as 'Her Majesty's Chief Inspector for Education and Training in Wales'.
PART V - MISCELLANEOUS AND GENERAL33. This Part covers various areas, such as:
COMMENTARY ON SECTIONSPART I - THE LEARNING AND SKILLS COUNCIL FOR ENGLANDSections 1 to 29 and Schedules 1 to 334. These sections and Schedules make provision for the establishment of the LSC, its functions, the establishment of local councils and other committees, and powers of the Secretary of State in relation to the LSC.
Section 1 and Schedule 1: the LSC35. Section 1 and Schedule 1 provide for the establishment of a new corporate body, the LSC. In making appointments to the LSC, the Secretary of State must have regard to the desirability of appointing people with experience relevant to the LSC's functions. The LSC Prospectus has stated that, in performing this duty, the Secretary of State intends to have regard to people with current or recent business experience. The LSC's functions are to be carried out only in relation to England.
36. Schedule 1 makes provision about members of the LSC which will include the chief executive, the appointment and employment of staff and about procedural matters, including the LSC's accounts. It makes provision for the Secretary of State to remove any member from office on the grounds of persistent non-attendance, inability or unfitness for office. The LSC is permitted to set up committees and to delegate functions. The Schedule sets out provisions for disclosure of members' interests. The LSC will not be an agent of the Crown and its staff will not be civil servants.
Sections 2 to 4: the main duties of the LSC37. Section 2 sets out the duty of the LSC to secure the provision of 'proper' facilities for the education and training of people from the age of 16 up to the age of 19. Facilities are 'proper' if they are of sufficient quantity and adequate quality to meet the reasonable needs of young people. Section 3 sets out the duty of the LSC to secure the provision of 'reasonable' facilities for the education and training of people of age 19 and over. Facilities are 'reasonable' if they are of a quality and quantity which the LSC can reasonably be expected to provide taking account of the resources available to it. The effect of the wording of sections 2 and 3 on the exercise of these two duties is that the LSC will give priority to meeting the learning and skills needs of the younger age group. The duties do not extend to the provision of higher education which is the responsibility of the Higher Education Funding Council.
38. In performing the duties in respect of both age groups the Council must take into account a number of factors, including the education and training required in different sectors of employment. The Government has recognised that National Training Organisations (NTOs) have particular expertise and expect that the NTOs will advise the LSC in this area. The Council will also bear in mind that other bodies, both statutory and private bodies, also provide education and training and therefore that it might reasonably expect education and training to be secured by other bodies without drawing on the Council's resources.
39. The LSC must make the best use of its resources, and in particular, avoid provision that might give rise to disproportionate expenditure. Disproportionate expenditure is that which, although not necessarily wasteful, is too much or too little in view of the LSC's overall functions and expenditure. Sections 2(4) and 3(4) specify that provision is not to be considered as giving rise to disproportionate expenditure simply because that provision is more expensive than comparable provision (for example provision for people with disabilities in a specialist institution may be more expensive than provision for people with disabilities in a mainstream FE institution).
40. Unlike the duties of the FEFC under the 1992 Act, no distinction is drawn between full- and part-time education in the education and training provision which the LSC must secure for the two age groups. Nor is there a limitation on the education which may be secured by reference to a particular type of course. The LSC will secure provision of education and training in school sixth forms (through funding LEAs, see section 7), in FE colleges and in work-based training on the premises of employers, and with private training providers and voluntary organisations.
41. The reference to 'organised leisure-time occupation', which is included in the definition of further education in section 2 of the Education Act 1996, covers a wide range of organised activities offering opportunities for non-formal types of learning and of learning which does not lead to a qualification.
42. Section 4 sets out the LSC's duty to promote participation of individuals and employers in post-16 education and training and to encourage employers to get involved in its support and delivery. The LSC prospectus gives an outline of the broad range of activities that it may undertake. For example, there will be advertising and marketing activities, research into the benefits of learning and dissemination of the results of that research. Other functions of the LSC will also support this duty, such as its planning and funding of information, advice and guidance services to adults in connection with learning opportunities, its promotion of individual learning accounts and its support for the Investors in People standard.
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