Fair Play for Children

for the Child’s Right to Play

www.fairplay31.online/index.html

LOCAL EDUCATION AUTHORITY OBLIGATIONS CONCERNING PROVISION OF RECREATIONAL FACILITIES FOR CHILDREN AND YOUNG PEOPLE

The Education Act 1996 sets out obligations and enabling functions of LEAs as regards recreational provision for children and young people. The original definition was under Section 508, and in the first section it states what an LEA is obligated to do –this is around adequacy of facilities for children of educational age, and the mandatory word ‘shall’ is used.

The second section goes on to say what LEAs can do — the enabling function, and includes play provision. The third section is a mandatory requirement to consider the expediency of cooperating with voluntary and other bodies.

Sections 507B and B were added as amendments in 2006 (Education and Inspections Act).

507a concerns provision for under-13s, the traditional pre-youth service population, much of it described as ‘Play work’

The first section, like 508, is mandatory, the 2nd deals with types of provision, and the 3rd concerns, again having to consider working with the voluntary sector etc. Instead of ‘shall’, the emphasis is on ‘must’.

507b focuses on the 13+ age range, and its emphasis is on ‘positive leisure-time activities for young people.

Section 1 has a ‘must’ but is qualified by the phrase ‘so far as is reasonably practicable’ and therein may lie scope for wide variation especially where finance is considered, although there is no evidence that was the intention of the amendment.

There have been few tests in court of what this means in practice. The following sections of 507B cover a range of matters and definitions including those of young people with learning issues. The section is far more detailed than either 507A or 508. Statutory Guidance has been issued (2023) by the Department of Education. This is reproduced at Appendix 1

The Legislation

Section 508 — LINK to Legislation: https://www.legislation.gov.uk/ukpga/1996/56/section/508

Note: ‘Local Authority’ means ‘Local Education Authority’ unless otherwise stated.

Section 507A — LINK to Legislation:

Education Act 1996 s507A

Section 507B — LINK to Legislation:

Education Act 1996 s507B

The first clause of s508 states that Local Authorities shall provide adequate facilities for children’s recreation. The second illustrates the type and range of activities that may be supported. The third says that LAs “shall have regard to the expediency of co-operating with any voluntary societies or bodies whose objects include the provision of facilities or the organisation of activities of a similar character.”

s507A covers provision for u-13s. It says the LA must secure adequate facilities for recreation and social and physical training for children who have not attained the age of 13. It mirrors s508(2) and (3) above.

Although there is none of the detail of s507B, especially as regards sufficiency, on that particular matter, no explanation is given re the difference re ‘adequate’ and ‘sufficient’ in 508(1) and 507B(1).

s507B is far more detailed, and is for the 13+ age range to 20 and to 25 for those with Special Educational Needs (‘learning difficulty’).

Clause 1 deals with sufficiency both as to educational and recreational leisure time. This is an overlooked clause in the debate about sufficiency, many Councils appear either not to know about it or not to give it due regard. There has been some Court finding on this matter, but no relief given. Clause 3 gives more weight and emphasis to this requirement.

Clause 2 describes those who ‘qualify’ as young people.

This is an area where Fair Play for Children believes there should be legislative change, along with other related 508/507A/B matters, [see below]

Clauses 5/6/7 give examples of what a Local Authority may provide, or who may provide it or assist financially etc and that it should consider whether another body should provide it.

Clauses 8&9 deal with consultation, especially of the young people in the LA area. This is another area of concern, especially since there have been swingeing cuts to youth provision since 2010. Clause 10 requires publication of activities. Clause 12 says the LA must have regard to any guidance given by the Secretary of State.

Clause 13 has definitions, of which ‘sufficient’ means “in relation to activities or facilities, means sufficient having regard to quantity”. This might well raise questions where a local authority imposes major cuts in provision but there is eg no corresponding reduction in eg numbers of qualifying young people.

DISCUSSION

Given that there is no official Government finding/data as to the extent of compliance by Local Authorities re s508, 507A/B, it seems sensible to suggest that the current legislation should be amended to enable the Secretary of State to require this. This would be a practicable manner in which Government could sustain a regular check on progress by Local Authorities in respect of their legislative duties, and the report period is suggested to be 5 years. The Secretary of State would stagger the deadline dates for LA’s so as to allow Departmental timetabling. The Review would encompass all major aspects of the duties in the legislation.

There seems to be overlap between s508 and 507A, this could be abolished with a single paragraph 508 — see FP draft below.

There seems to be no logical reason for the status of under-13s to differ from that of the 13+ age range in terms of what is required in terms eg of sufficiency, consultation etc, and Fair Play suggests the two sections are brought into line. Again, the combined duties would form part of an amended s508. Indeed, given the importance attached in research to the value of early intervention, it is logical to argue that this should happen, also to the idea that play and youth provision are part of a age-related continuum.

There is a reference to ‘quantity’ but not to ‘quality’ as regards sufficiency so Fair Play suggests that area should be examined. It could be for Statutory Guidance to deal with the extent and meaning of both terms.

There is the issue of some local authority arrangements for play and youth (the former especially) being shared with other local authorities, in particular in where there are two principal tiers (such as County and District authorities), it is suggested there should be reference to requirement of the need for the Education tier to work with and through other relevant local authorities covered by the Local Education Authority.

Given the history of funding uncertainty and widespread cuts over the past decade and more, Fair Play believes that the Government could look at this issue closely — it is not reasonable to ask LA’s to provide the legislated requirements, yet to do so knowing they cannot afford them.

Fair Play has a proposal that takes account that there are already two or more leisure/recreation government-funded sources for adult leisure and recreation, the Sports/Arts Councils system. Though these might give to play/youth purposes, there is no evidence that really supports this. Fair Play would propose a new Fund, proportionate to the under 20 population (and u26 SEND) for the purposes of their play, recreation, culture etc and proportionate, at least, in terms of annual subvention.

It is also suggested that such funding might be directed partially through LEA to encourage adequate budgeting from their own resources, though some also could bed made directly available to other providers especially on a joint-funding basis with LEAs. LEAs would be able to seek funding also from other involved local authorities or departments.

This would not prevent other Government departmental initiatives around eg health, welfare, housing etc.

An amended provision in the 1996 Education Act — Draft Proposal

Fair Play welcomes comment and discussion on this draft. fpfc1972@gmail.com

Delete all of current s508, 507A and 507B, replace as follows

s508

(1)A local authority] in England must 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.

© When making arrangements for the provision of facilities or the organisation of activities in the exercise of their powers under subsections (1)(a) and (1)(b), a local authority] shall, in particular, have regard to the expediency of co-operating with any voluntary societies or bodies or others whose objects include the provision of facilities or the organisation of activities of a similar character.

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

(a) persons who have not attained 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 or disability (within the meaning of section 15ZA(6)(a) and (7)).

(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 local authority may —

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

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

© 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;

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

(8) For the purposes of subsection (7)(a) a local authority] 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 local authority] must —

(a) take steps to ascertain the views of qualifying young persons in the authority’s area according to their age and understanding about —

(i) play and other 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 local authority 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 local authority] 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 local authority must have regard to any guidance given from time to time by the Secretary of State.

(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 and quality;
• “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;
• education, training and recreation;
• (d) the contribution made by him to society;
• (e) social and economic well-being.]

(14) The Secretary of State shall require Local Authorities to submit Reports to the relevant Government Department every fifth year, containing such information as he shall require concerning Local Authority performance as regards s508. He shall determine the cycle under which each Local Authority shall report and shall issue a response to each Report outlining/advising any measures required to be taken by the Local Authority and in what time period.

(15) (a) The Secretary of State shall ensure that a Fund is established to assist Local Authorities in fulfilling their duties under s508. Local Authorities may seek financial contributions from other local authorities within their area for the same purpose.

(b) The Secretary of State may establish such advisory body or bodies consisting of persons with relevant knowledge and experience to ensure the efficient functioning of such a Fund in sections 14, and 15(a), and, as part of the function of such body or bodies, shall seek the views of qualifying young persons in 9(a) above as to their needs.

(16) In exercising its functions under section 508 a local authority in Wales must have regard to the Commission for Tertiary Education and Research’s strategic plan approved under section 15 of the Tertiary Education and Research (Wales) Act 2022.

APPENDIX 1

Statutory Guidance re Section 507b Issued by the Department of Education 2023 (LINK)