Education Act 1996, section 507B

Local authorities in England: functions in respect of leisure-time activities etc for persons aged 13 to 19 and certain persons aged 20 to 24

Part IX Ancillary functions

(1)A [F6 dfnlocal authorityF6] in England must, so far as reasonably practicable, secure for qualifying young persons in the authority's area access to—

(a)sufficient educational leisure-time activities which are for the improvement of their well-being, and sufficient facilities for such activities; and

(b)sufficient recreational leisure-time activities which are for the improvement of their well-being, and sufficient facilities for such activities.

(2) “Qualifying young persons”, for the purposes of this section, are—

(a)persons who have attained the age of 13 but not the age of 20; and

(b)persons who have attained the age of 20 but not the age of 25 and have a learning difficulty [F1078 or disabilityF1078] (within the meaning of [F1079 section 15ZA(6)(a) and (7)F1079] ).

(3)For the purposes of subsection (1)(a)—

(a) “sufficient educational leisure-time activities” which are for the improvement of the well-being of qualifying young persons in the authority's area must include sufficient educational leisure-time activities which are for the improvement of their personal and social development, and

(b) “sufficient facilities for such activities” must include sufficient facilities for educational leisure-time activities which are for the improvement of the personal and social development of qualifying young persons in the authority's area.

(4) References in the remaining provisions of this section to “positive leisure-time activities” are references to any activities falling within paragraph (a) or (b) of subsection (1).

(5)For the purposes of subsection (1) a [F6 local authorityF6] may—

(a)provide facilities for positive leisure-time activities;

(b)assist others in the provision of such facilities;

(c)make arrangements for facilitating access for qualifying young persons to such facilities;

(d)organise positive leisure-time activities;

(e)assist others in the organisation of such activities;

(f)make arrangements for facilitating access for qualifying young persons to such activities;

(g)enter into agreements or make arrangements with any person in connection with anything done or proposed to be done under any of paragraphs (a) to (f);

(h)take any other action which the authority think appropriate.

(6)For the purposes of subsection (5)—

(a)the provision mentioned in paragraph (a) may include establishing, maintaining and managing places at which facilities for positive leisure-time activities are provided;

(b)the assistance mentioned in paragraphs (b) and (e) may include the provision of financial assistance;

(c)the arrangements mentioned in paragraphs (c) and (f) may include the provision of transport, of financial assistance or of information to any person.

(7) Before taking any action for the purposes of subsection (1) (“the proposed action”), a [F6 local authority F6] must—

(a)consider whether it is expedient for the proposed action to be taken by another person, and

(b)where the authority consider that it is so expedient, take all reasonable steps to enter into an agreement or make arrangements with such a person for that purpose.

(8)For the purposes of subsection (7)(a) a [F6 local authorityF6] must consult such persons as the authority think appropriate as to whether it is expedient for the proposed action to be taken by another person.

(9)In exercising their functions under this section a [F6 local authorityF6] must—

(a)take steps to ascertain the views of qualifying young persons in the authority's area about—

(i)positive leisure-time activities, and facilities for such activities, in the authority's area;

(ii)the need for any additional such activities and facilities; and

(iii)access to such activities and facilities; and

(b)secure that the views of qualifying young persons in the authority's area are taken into account.

(10)A [F6 dfnlocal authorityF6] in England must—

(a)publicise information about positive leisure-time activities, and facilities for such activities, in the authority's area, and

(b)keep the information publicised under paragraph (a) up to date.

(11)A [F6 local authorityF6] may charge in respect of anything provided by the authority under this section where the provision is to a qualifying young person (whether or not in the authority's area).

(12)In exercising their functions under this section a [F6 local authorityF6] must have regard to any guidance given from time to time by [F1080 the Secretary of StateF1080] .

(13)In this section—

  • “recreation” includes physical training (and “recreational” is to be construed accordingly);

  • “sufficient”, in relation to activities or facilities, means sufficient having regard to quantity;

  • “well-being”, in relation to a person, means his well-being so far as relating to—

    (a)

    physical and mental health and emotional well-being;

    (b)

    protection from harm and neglect;

    (c)

    education, training and recreation;

    (d)

    the contribution made by him to society;

    (e)

    social and economic well-being.F1077]

Definitions used in section 507B 4

local authority

“local authority” means—

(a)

a local authority in England;

(b)

a local authority in Wales;

Defined in s.579(1) · see it in the full Act
disability

(4) “Disabled child” means a child who has a disability for the purposes of the Equality Act 2010 , and “disability” is to be construed accordingly.

Defined in Sch.35B para.15(4) · see it in the full Act
assist

“assist”, in relation to any school, institution or university, shall be construed in accordance with subsections (5) to (7) below;

Defined in s.579(1) · see it in the full Act
functions

“functions” includes powers and duties;

Defined in s.579(1) · see it in the full Act

Cases considering section 507B 4

Hunt, R (on the application of) v North Somerset Council

[2013] EWCA Civ 1320 · 6 November 2013Interprets

The court treated section 507B as governing the local authority’s provision of positive leisure-time activities and facilities and as the statutory setting for the consultation issue. (see paras [63]; [77]) A budget reduction proposal fell within the authority’s section 507B(1) function where it carried a prospect of terminating existing youth services, despite being framed as remodelling and transfer to other providers. (see paras [66]; [68]) The court used the statutory guidance issued under section 507B(12) to confirm that authorities have flexibility in method but must involve young people in determining provision and address current provision, additional need and access. (see paras [69]; [70]) The court recorded, without deciding the issue, that transferring services to other providers would engage a duty to consult appropriate persons on whether that transfer was expedient. No point under subsection (8) had been argued or decided. (see para [64]) The court assumed, without deciding, that the subsection required steps to ascertain qualifying young persons’ views about the proposed budget reduction and to take those views into account. (see paras [67]; [68]; [77]) On the assumption that section 507B(9) applied, the authority needed focused steps directed to qualifying young persons’ views about the proposal. General publicity and meetings that merely explained a settled proposal did not satisfy that obligation. (see paras [69]; [74]; [77]) On the same assumption, the authority had to identify the views obtained and take them into account before approving the budget. No evidence showed that views were obtained or considered, so the obligation was not discharged. (see paras [76]; [77])

Cotham School, R (On the Application Of) v Bristol City Council

[2018] EWHC 1022 (Admin) · 3 May 2018

Section 507B was identified as imposing corresponding duties concerning recreation and social and physical training. Those duties did not specifically attach to the land and were not incompatible with registration. (see paras [93]; [96]-[97])

Hunt v North Somerset Council

[2012] EWHC 1928 (Admin) · 18 July 2012Limits

The judgment interprets section 507B as applying where a budget proposal may reduce the sufficiency of youth activities or facilities, including possible closure of youth centres. Approval of such a proposal engages the duties concerning young persons’ views. (see paras [60]-[68]) The judgment treats a proposal contemplating closure of youth centres as a decision with a direct potential impact on the sufficiency of positive leisure-time activities and facilities under section 507B(1). It did not decide whether the authority had breached the substantive sufficiency duty. (see paras [60]-[67]) The judgment confirms that the authority had to have regard to statutory guidance when exercising functions under section 507B. The guidance allowed flexibility and did not create a more onerous duty than the statutory obligation to take steps. (see paras [79]-[81]) The judgment uses section 507B(5), together with subsections (7) and (8), to distinguish consultation about activities and facilities from consultation about whether services should be provided or financed by another person. (see paras [65]-[66]) The judgment interprets section 507B(7) as supporting the conclusion that the statutory consultation duty does not require views to be obtained about the identity or financing of the service provider. (see paras [61], [65]) The judgment uses section 507B(8) to support the distinction between consulting about activities and facilities and consulting about the identity or financing of the provider. (see paras [61], [65]) The judgment applies section 507B(9) as requiring steps to ascertain qualifying young persons’ views and to ensure that views obtained are taken into account. Publicity, publication of budget proposals and meetings with youth-club representatives satisfied that modest statutory threshold. (see paras [68]-[78])

What each judgment says about section 507B is in the case-law panel in the full Act.

Amendments and notes

8 notes from legislation.gov.uk

Amendments

  1. F1Words in Act substituted (5.5.2010) by The Local Education Authorities and Children’s Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), Sch. 2 para. 7(3) (with Sch. 2 para. 7(4)(5))
  2. F6Words in Act substituted (5.5.2010) by The Local Education Authorities and Children’s Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), Sch. 2 para. 7(2) (with Sch. 2 para. 7(4)(5))
  3. F1078Words in s. 507B(2)(b) inserted (1.9.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 3 para. 45; S.I. 2014/889, art. 7(a) (with savings and transitional provisions in S.I. 2014/2270 (as amended (1.4.2015) by S.I. 2015/505) this amendment is subject to savings and/or transitional provisions, see the commentary.
  4. F1079Words in s. 507B(2)(b) substituted (1.4.2010) by The Apprenticeships, Skills, Children and Learning Act 2009 (Consequential Amendments) (England and Wales) Order 2010 (S.I. 2010/1080), art. 1(2)(a), Sch. 1 para. 28 (with art. 2(3))
  5. F1080Words in s. 507B(12) substituted (9.11.2016) by The Transfer of Functions (Elections, Referendums, Third Sector and Information) Order 2016 (S.I. 2016/997), art. 1(2), Sch. 2 para. 10 (with art. 12)
  6. F1077S. 507A - S. 507B inserted (8.1.2007) by Education and Inspections Act 2006 (c. 40), ss. 6(1), 188(2)

Modifications

  1. C237S. 507B(12): transfer of functions (7.8.2013) by The Transfer of Functions (Youth Leisure-time Activities) Order 2013 (S.I. 2013/1721), arts. 1(2), 2(a) (with art. 4)
  2. C238S. 507B(12) functions transferred (9.11.2016) by The Transfer of Functions (Elections, Referendums, Third Sector and Information) Order 2016 (S.I. 2016/997), arts. 1(2), 10(2)(d) (with arts. 10(3), 11, 12)