UK Parliament / Open data

Apprenticeships, Skills, Children and Learning Bill

My hon. Friend has made an excellent point. I cannot say off the top of my head whether the matter is covered elsewhere in the Bill, but I shall try to find out for him. New clause 15 inserts a new section 39A in the Crime and Disorder Act 1998, requiring youth offending teams in England and Wales to notify a child or young person's home and host local education authority when it becomes aware that that person has been detained in, transferred from or released from relevant youth accommodation. There is no pre-existing legislative provision requiring a youth offending team to be notified when a young person is detained in custody pursuant to a court order. However, youth offending teams have a pivotal role in the youth justice system, and in particular in arranging the placement of a young person who is sentenced or remanded in custody. In practice, a custodial placement could not be arranged without the youth offending team's involvement. A member of the youth offending team must be in attendance in court when a young person is sentenced to remand or custody, and if for any reason a member of the team is not present, the court is required to complete a report on the outcome of the hearing which must be sent to a range of partners including the youth offending team. Therefore, in practice a young person could not be placed in custody without the youth offending team being aware of it. New clause 15 extends this provision so that a notification duty is placed on youth offending teams specifically to notify the home and host local education authority when a young person is detained in, transferred within, or released from juvenile custody. The youth offending team must also notify any other LEA in whose area the team expects the detained person to live on their release. The new clause ensures that relevant home and host LEAs will know when a child or young person moves into and out of the juvenile custodial estate, and when they transfer. These provisions will strengthen current good practice, and will ensure that the LEAs can fulfil their new duties under chapter 5A of part X of the Education Act 1996, as inserted by new clause 14. They will help to ensure that local authorities can arrange suitable education for children and young people, both while they are detained in juvenile custody and on their release. These provisions are central to our plans to improve education and training for young people in youth custody. They bring young people in juvenile custody under primary educational legislative regimes for the first time, and they make local authorities, as the mainstream commissioners of services for young people, also responsible for young people's education while they are in juvenile custody.
Type
Proceeding contribution
Reference
492 c33-4 
Session
2008-09
Chamber / Committee
House of Commons chamber
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