In a Nutshell: Changes resulting from the Education Act 2011

If the Education Act 2011 was made into law last year, why are changes still coming into effect now?
The Education Act 2011 has come into force gradually since being adopted into law last year, with different sections becoming enforceable at different times.

September 2012 will see a number of sections implemented with impact on a number of areas, including early years provision, school exclusions, and support and guidance available for school leavers.

What changes will be made with the implementation of these sections of the ?Education Act 2011?
Early years provision: sections 1(1) and 1(2) of the act amend the Childcare Act 2006 and impose a duty on local authorities in England to provide early years provision (in accordance with any regulations made under this section of the act) free of charge for each child who lives in their area who is under compulsory school age and meets any other description as may be prescribed. Regulations may set out how much early years provision there is to be, and the times and periods that the early years provision is to be made available.

Exclusions
The act changes also address school exclusions. Section 4 of the act amends the Education Act 2002, adding the following: “The head teacher of a maintained school in England may exclude a pupil from the school for a fixed period or permanently” and similarly, “the teacher in charge of a pupil referral unit in England may exclude a pupil from the unit for a fixed period or permanently”. Section 4 of the act also provides that regulations require local authorities to make provision for prescribed persons to be able to apply to a “review panel” for a review of the responsible body’s decision not to reinstate a pupil. It is important to note that until now, when the governing body has declined to reinstate a pupil, this can be reviewed by the Independent Appeal Panel at the parent/carer’s request, whereas with the changes in place, the Independent Review Panel will consider the exclusion.

Careers Guidance
Section 29 of the act amends the Education Act 2007, requiring that the school authorities responsible for providing secondary education in England, which are either community, foundation or voluntary schools, a community or voluntary foundation school (other than those in hospitals) and pupil referral units provide all registered pupils at the school with “independent careers guidance during the relevant phase of their education”.

Apprenticeships
The act imposes more onerous duties on the chief executive in terms of apprenticeships. Section 69 requires that he must provide appropriate facilities for apprenticeship training for those who fall within the relevant subsections and are therefore eligible for an apprenticeship opportunity. Section 70 requires the chief executive “make reasonable efforts to secure that employers participate in the provision of apprenticeship training for all relevant persons as defined” in the act.