Clause 49
5:30 pm
Sarah McCarthy-Fry (Parliamentary Under-Secretary (Schools and Learners), Department for Children, Schools and Families; Portsmouth North, Labour)
As drafted, clause 49 places a duty on the child or young person’s home local authority to promote the fulfilment of that person’s learning potential while in custody and on their release. Amendment 344 removes clause 49, and new clause 17 replaces it and inserts proposed new chapter 5A into the Education Act 1996. Through new section 562B, the chapter also places a duty on the child or young person’s home local authority to promote the fulfilment of that person’s learning potential while in custody and on their release.
The proposed new chapter also includes a power to regulate to modify provisions of the 1996 Act in how they apply to persons detained in juvenile custody. That is necessary where it is inappropriate for certain provisions of the 1996 Act to apply. For instance, the duty on parents to cause children of compulsory school age to receive full-time education should be disapplied while the child is in juvenile custody.
The new chapter makes further provision for persons detained in relevant youth accommodation and significantly strengthens the requirements relating to persons in juvenile custody with special educational needs. If, prior to detention, a person had a statement of special educational needs, proposed new section 562C now requires the host LEA to use its “best endeavours”. The hon. Member for South Holland and The Deepings asked about that phrase; it reflects the fact that it will not always be possible to supply the exact provision in the statement and it is the same as the duty on governing bodies of maintained schools. We will be issuing guidance on what it means.