178.Section 123 will give the National Assembly new powers to direct a local authority in Wales to provide youth support services for all 11 to 25 year olds; to secure the provision of youth support services from others; and to participate in the provision of youth support services with others. This section defines “youth support services” as services which, in the opinion of the National Assembly, encourage, enable or assist young people to stay on and participate in education or training; to take advantage of employment opportunities; or to participate effectively and responsibly in the life of their communities. A direction to a local authority may include provision for financial assistance, whether or not on conditions, and a local authority may be required to take account of any guidance issued by the National Assembly. A direction may also require a local authority to take account of any guidelines issued by the National Assembly. A direction may relate to a particular class of young people; may make different provision for particular groups within the age range 11 to 25 years and can be revoked or changed by a later direction from the National Assembly. The section is broad enough to provide for the services to address both the direct or indirect factors which affect young people’s effective participation in learning, their take-up of opportunities for work, and their positive contribution to the life of the communities. The National Assembly intends to use these new powers to add impetus to its Strategy for Children and Young People, and other targeted youth strategies, while building on the existing range of services for young people currently provided by local authorities, other statutory bodies and voluntary sector bodies.
179.Local authorities will have a major role in the provision of youth support services in Wales. Section 124 gives them the necessary duties and powers to do so. They must comply with directions to provide, secure or participate in youth support services and have a power to make more extensive provision, or provision other than that made in response to directions under section 123, and to make provision outside of their area. Local authorities will be expected to co-operate with voluntary organisations.
180.Section 125 provides that, before complying with a direction, a local authority must consult the persons or bodies listed in subsection (1). These persons or bodies must collaborate with the local authority so as to support and assist the services provided, secured or proposed, and co-ordinate their activities with other providers of youth support services. Such duties will not require these bodies to take action which would significantly interfere with the efficient or effective exercise of their own functions. Section 125 also places a local authority under a duty to consult any voluntary body, the CETW, careers services companies, organisations established for the purpose of enabling voluntary bodies to co-operate and co-ordinate their activities, anyone the local authority thinks appropriate and young people themselves.
181.Section 126 sets out the duties on maintained schools, institutions in receipt of CETW funding and other educational institutions to provide information to youth support service providers. 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, his or her parent) has instructed the institution not to disclose that information. These institutions must also give youth support services providers reasonable access to pupils and students.
182.Sections 127 and 128 set out the inspection arrangements for the youth support services. Section 127 provides for Her Majesty’s Chief Inspector of Schools in Wales to advise the National Assembly on youth support services and, when requested by the National Assembly, to inspect and report on the provision of such services. Section 128 provides that the Chief Inspector will have a reasonable right of access to the premises of the providers being inspected, including access to information held on computers. Where the Chief Inspector publishes an inspection report, the service provider is required to prepare and publish an action plan setting out what is to be done and by when. The National Assembly has powers governing the publication and dissemination of such plans. Where a local authority is involved in the provision of an inspected service which has led to an adverse report by the Chief Inspector, it has a duty to ensure that the action proposed in the plan is sufficient to remedy the weaknesses identified and is taken within the time specified. Should the National Assembly consider that a local authority is failing to perform this duty, it may give directions to a local authority which must comply with them.
183.Section 129 defines the meaning of various terms used in sections 123 to 128 and clarifies that the powers set out in section 123 apply to Wales only.
Commentary on Sections Part V - Miscellaneous and General Sections 123 to 129: youth provision in Wales