Legal Q&A: Participation in education, employment and training for 16- to 18-year-olds

Due to legislation introduced in 2013, the law now requires that young people participate in education, training and employment until the age of 18 - known as the Raising of the Participation Age (RPA). The school-leaving age is still 16, but RPA is designed to be an extra measure to ensure they continue to learn or train until they are 18.

Why has the participation age been raised?

This change was introduced based on the following perceived advantages to remaining in education or training for longer: it offers the opportunity for young people to apply their knowledge and skills in a practical setting; it improves career and life prospects; and it decreases the likelihood of a young person committing a crime or behaving anti-socially.

How can a young person ensure compliance with ‘raising participation age' legislation?

Young people have a choice about how they continue in education or training post-16 and can do this through full-time study in a school, college or with a training provider; full-time work or volunteering (20 hours or more) combined with part-time education or training leading to relevant regulated qualifications; or an apprenticeship, traineeship or internship.

What happens to those who do not take part?

The legal requirement to participate is on the young person. There are no legal penalties (such as fines) for not participating in RPA. It is the duty of councils to make sure there is enough suitable education and training on offer, and to make support available to young people under 19 to help them participate in education or training.

What are the duties of a local authority?

In September 2016, the Department for Education produced statutory guidance for local authorities. Under the Education Act 2008 and the Apprenticeships, Skills, Children and Learning Act 2009, councils have duties to encourage, enable and assist young people, aged 16-18, to participate in education, employment or training. A council is expected to provide strategic leadership in communities to ensure there is a network of support available that encourages, enables and assists the participation of young people in education, training and employment; and to target their resources on those who require them most. Every young person who reaches 16 or 17 is entitled to an offer of a suitable place to continue in education or training.

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Legal Update is produced in association with experts at Coram Children's Legal Centre www.childrenslegalcentre.com

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