167.These sections create a framework which will allow the establishment in England of the Connexions Service, a comprehensive new service to support and encourage young people to continue in, return to and participate effectively in education and training. The Connexions Service will be established by bringing together a range of providers of existing services for young people at the local level to create an integrated and coherent service to provide information, advice and guidance. It is intended that the Service will be delivered through Connexions Partnerships, based on the same areas as those covered by local Learning and Skills Councils, who will be responsible for strategic planning and funding, and Local Management Committees, who will be responsible for local delivery.
168.The Connexions Service is intended to be a universal service for all young people aged 13 to 19, but it will give particular attention to young people who are disengaged or at risk of becoming disengaged from education or training. The Connexions Service will also perform for this age group the duty of the Secretary of State to provide careers services to school and college students set out in section 8 and 9 of the Employment and Training Act 1973.
169.These sections give effect to proposals set out in the Learning to Succeed White Paper (Cm 4392) (June 1999) and the Social Exclusion Unit’s Bridging the Gap report (Cm 4405) (July 1999).
170.Section 114 gives the Secretary of State a new power to secure the provision of support for all 13 to 19 year olds for the purpose of encouraging and enabling young people to stay on and participate effectively in education or training. He may do this by directing LEAs to provide services, or by making arrangements with a range of statutory or non-statutory bodies (including local authorities). The section gives the Secretary of State a broad power to fund any of those bodies. The new service provided under these arrangements will be the Connexions Service. It is intended that the Connexions Service will develop a network of professional personal advisers to help young people gain the greatest personal benefit from education and training. The section is broad enough to provide for the service to address both the direct and indirect factors which affect young people’s effective participation in learning. The Secretary of State intends to use these new powers to integrate and build on the existing range of services currently provided at the local level by careers service companies, youth service and other statutory and voluntary services for young people.
171.Section 115 places the Secretary of State under a duty to consult the persons and bodies listed in subsection (1) and any voluntary sector and other bodies as he thinks appropriate (e.g. non-maintained special schools) before he makes arrangements for the provision of services for young people in a local area. The statutory persons and bodies consulted will be under a duty to collaborate with the Secretary of State and with Connexions Service providers to support and assist the provision of services in their area. They must also co-ordinate their own activities with the provision of the Connexions Service. Such duties will not require those persons or bodies to take action which would significantly interfere with the efficient or effective exercise of their own functions.
172.LEAs will play a major role in the provision of the Connexions Service. Section 116gives them the necessary powers to do so. They must comply with directions to provide or secure services and have a power to make more extensive provision or provision other than that agreed in arrangements made or directions given under section 114 and to make provision outside their area.
173.Section 117, together with sections 119 and 120, will give effect to a specific proposal in the Learning to Succeed White Paper and the Social Exclusion Unit’s Bridgingthe Gap Report. The Report recommended (at paragraph 10.5):
“the development of a comprehensive record system, which ensures that no young person becomes ‘missing’ and prompt action is taken if they cease to be involved in education or training.”
Section 117 sets out the duties on maintained schools and LSC funded providers to provide relevant information. Information, other than the name and address of any pupil or student and a parent of any pupil or student, cannot be provided if the young person (or in the case of an under-16 year old, their parent) has instructed the institution not to disclose that information. These institutions must also give youth service providers reasonable access to pupils and students. The records compiled from the information provided under this section, together with that obtained under sections 119 and 120, will help ensure continuity of service for young people who move to another area. Access to personal data held in the national register would be strictly controlled, in compliance with the data protection regime.
174.Section 118 and section 122 introduce provision for the inspection of the Connexions Service. These sections place a duty on OFSTED to inspect and provide advice on the Connexions Service, as requested by the Secretary of State. In addition, OFSTED has an independent power to inspect service providers and to advise the Secretary of State on the Connexions Service. Inspections may be general or in relation to specific matters; they may relate to a single provider or type of provider working within the Connexions Service; they may relate to a specific geographic area; and they may cover the management of resources.
175.These sections also give OFSTED, when carrying out inspections, the necessary right of access to the premises and records of Connexions Service providers and make it a criminal offence for anyone wilfully to obstruct an inspection. The sections also provide OFSTED with the power to report on and publish their findings.
176.Section 119 enables the Secretary of State to supply information to any person for the purposes of the provision of the Connexions Service. Specifically, it also enables disclosure of social security information. In order to identify 13-19 year olds, it may be necessary to use information held by the Secretary of State for Social Security (for example, the Child Benefit database). In this way the Connexions Service can have accurate and comprehensive records. Only a child’s name, date of birth and address and the name (and address, if different) of his or her parent or guardian will be disclosed - and only to civil servants or persons working for the Connexions Service. Anyone who misuses this information is liable to prosecution and if found guilty, would be subject to a fine up to a maximum of level 4 on the standard scale, which is currently £2,500.
177.Section 120 will empower those persons and bodies listed in subsection (2) to supply relevant information about young people to the Secretary of State or to persons providing the new service under section 114, for the purposes of that service.
Commentary on Sections Part V - Miscellaneous and General Sections 114 to 122: support for 13 to 19 year olds