20.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.
Background Local Education Authorities