Activities for Young People Statutory Guidance

7/31/2019 Activities for Young People Statutory Guidance

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STATUTORY GUIDANCE ON SECTION 507B EDUCATION ACT 1996

Contents

Pages

Section 1 Introduction 2

Section 2 The duty to secure access to positive activities 5

Section 3 Establishing the local offer 8

Section 4 Addressing barriers to access 15

a) The availability of attractive provision 15b) Transport arrangements 22

c) Changing and subsidy 23d) Addressing barriers to equal access 24e) Supporting young people directly 27f) Information provision 29

Section 5 Measuring progress 31

Section 6 Conclusion 35


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Section One - Introduction

1. The UK has a proud heritage of providing young people with enrichingand varied leisure time activities. In addition to paid leisure, cultural serviceand youth work professionals, many thousands of individuals provide theirservices for free so that young people are able to access things to do, placesto go, and someone to talk to in their spare time.

2. Evidence shows that how young people spend their leisure-time reallymatters. Participation in constructive leisure-time activities, particularly thosethat are sustained through the teenage years, can have a significant impacton young peoples resilience and outcomes in later life1. Internationalevidence demonstrates that participation in positive activities can help toimprove attitudes to school; build social, emotional and communication skills;help young people avoid taking risks such as experimenting with drugs orbecoming involved in gangs, anti-social or criminal activities; and improvetheir self-confidence and self-esteem.

3. Participation can also help young people who are trying to rebuild theirlives for example young offenders who are trying to change their behavioursand lifestyles.

4. However, young peoples participation in positive leisure-time activities(positive activities) is highly variable. There are many reasons why youngpeople, particularly the most disadvantaged, do not engage: poor quality

provision; a limited choice of activities; and barriers to participation such as


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of Childrens Services and Lead Member for Childrens Services3. Thisguidance, which has been issued under section 507B (12) of the 1996 Act,

sets out the responsibilities of local authorities under section 507B. Inexercising their functions under this section, local authorities are required tohave regard to this guidance.

Policy Context

8. The new legislation forms part of a body of reforms that were proposedin the Green PaperYouth Matters and which contribute towards the deliveryof integrated youth support as set out in the Annex to Youth Matters: NextSteps. The coherence of Integrated Youth Support will depend on the localauthority using positive activities as part of its arrangements for deliveringeffective packages of targeted youth support. Similarly, one function ofinformation, advice and guidance (IAG) services should be to facilitate youngpeoples participation in positive activities. This will be important in reducingthe proportion of 16-18s not in education, employment and training and

ensuring young people have the right personal development opportunities toenable them to take full advantage of 14-19 pathways for learning.

9. The new legislation also underpins the Governments 10 year strategyfor positive activities:Aiming high for young people. This was launched inJuly 2007 and introduced new reforms and funding commitments intended tosecure an offer for all young people, and particularly the most disadvantaged,that includes:


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local responses to Section 507B will be critical to the delivery of this new PSA(see also paragraphs 148-152).

11. The provision and promotion of positive activities for young people alsoplays an important role in building a modern culture of respect. Positiveactivities can help to re-engage disaffected young people and make it easierfor professionals within local Integrated Youth Support arrangements to reachthem.

12. Young peoples involvement in positive activities can also make animportant contribution to other objectives such as increasing (their)involvement in local democracy; economic, social and environmental renewal;community cohesion and preventing extremism; safer and strongerneighbourhoods; better health; improved skills; and increased employment.Local authorities will therefore want to consider how positive activities shouldfit with other strategic priorities for the area and in the development andimplementation of Sustainable Community Strategies and Local Area

Agreements.


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Section Two The duty to secure access to positive activities

13. Section 507B (inserted into the Education Act 1996 by section 6 of theEducation and Inspections Act 2006) was commenced in January 2007 andapplies to England only. This section provides a summary of the primary dutyset out in section 507B. Sections 3 and 4 provide more detailed comment onthe fulfilment of the duty and other related requirements under the legislation.

The new duty

14. Section 507B requires that every local authority in England must, sofar as reasonably practicable, secure for qualifying young persons in theauthoritys area access to:

a) sufficient educational leisure-time activities which are for theimprovement of their well-being, and sufficient facilities for suchactivities; and

b) sufficient recreational leisure-time activities which are for theimprovement of their well-being, and sufficient facilities for suchactivities.

These are referred to in the legislation as positive leisure-time activities.

15. The definition of well-being in the legislation reflects the five EveryChild Matters Outcomes4. Activities which do not result in an improvement in

ell being and hich do not help meet these o tcomes are not ithin the


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which are for the improvement of young peoples personal and socialdevelopment. This sub-set of educational leisure-time activity relates to

activities which are delivered using youth work methods and approaches.

19. Recreational leisure-time activities include but are not limited to sportsand informal physical activities, as well as cultural activities including music,performing and visual arts and self-directed learning in a museum or gallery.

20. The positive activities to which access is secured need not always be inthe local authoritys own area. The duty allows local authorities to enter into

cross-border arrangements in order to meet the needs of young people whoneed to travel out of their own local authority area to access activities orfacilities.

21. The duty is qualified by the term reasonably practicable. This meansthat the determination of whether the local authority is acting reasonably in itsactions will depend on the specific circumstances of the local authority and

the particular requirement for access to such activities and facilities.

22. In judging what is reasonably practicable an authority may take intoaccount its resources, capabilities and other priorities, as well as that of itschildrens trust partners in the public, private and third sector. However, whatis practicable or impracticable in one time and place may not be in another.To ensure transparency it will be important for the local authority to document- and publish within the Children and Young Peoples Plan framework - its

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understood to represent a transition period in which participation in positiveactivities can offer significant benefits to young people. However, some young

people begin that transition before 13 and/or end it after 19, requiring ongoingengagement and support from services that provide activities falling undersection 507B. One specific body of young people within this category arethose with learning difficulties to which the application of the duty is extendedup to the age of 24.

26. To accommodate other individuals with early or delayed transitions,local authorities should be clear that they are able to secure access to positiveactivities for both older and younger age categories under other relatedlegislative provisions (including Section 507A of the Education Act 1996)


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Section Three - Establishing the local offer

27. In acting under this legislation, the Government expects localauthorities to seek to improve the local offer of positive activities. This meansthat the local authority should not restrict its thinking to the activities andfacilities currently available to young people. Instead, it will need to determineand agree with its childrens trust partners, and young people, what activitiesand facilities should be available to young people in the area (see section 3)and work over time to secure their access to this provision. (see section 4)

28. Local authorities should set out their determination of what provisionshould be available within the context of the local children andyoung peoples plan. Where appropriate, it should feature within thesustainable community strategy. It should also link to the local Youth JusticePlan.8

29. In making this determination, the Government expects local authorities

to share its ambition: that, as a minimum, all young people should be able toaccess the opportunities set out in the National Standards for PositiveActivities (below).

National Standards for Positive Activities

Access to two hours per week of sporting activity including formal andinformal team and individual sports, outdoor and adventurous sports, and

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into account the views of young people who face significant barriers toparticipation or are considered to be at risk of poor outcomes such as young

people in care; young people from minority groups; and young people withdisabilities.

31. The legislation specifies that the local authority must ascertain and takeaccount of young peoples views on current provisions, the need for newactivities and facilities, and barriers to access. As well as dedicated youthprovision, the local authority should seek young peoples views on leisurecentres, libraries and any other activities and facilities which are intended tobe accessible to young people and/or the wider community. Local authoritiesshould also consider engaging parents, carers and families in the discussion,as their support and influence will play a crucial part in securing youngpeoples participation.

32. Local authorities have considerable flexibility about how they ascertainthe views of young people under section 507B. Approaches could include:

a. Consultation; to ensure consultation is meaningful9, localauthorities will need to provide young people with informationabout the consultation process and how they can take part.They should also ensure that young people are aware of whatsupport is available to help them participate in the consultation.1011

b L l th iti b fit f d i th d ti


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d. Provider information and attendance figures: these may offervaluable information on what activities young people use; the

levels of demand for services; and, depending on the quality ofdata, which activities have been most successful in increasingparticipation of disadvantaged young people. The greater thenumber of providers consulted, the more robust the data. Solocal authorities should try, where practicable, to draw on datafrom public, private and voluntary providers.

e. Engaging directly with young people for example usingexisting and new neighbourhood renewal interventions, such asneighbourhood managers and wardens, as part of a strategy toengage and ascertain the views of young people living in themost disadvantaged communities.

33. Whatever the approach, the local authority should feed back theconsultation findings to young people, along with its response to their views

on and desires for the local offer

Young people-led services

34. The Government expects local authorities to seek to involve youngpeople, especially those from disadvantaged backgrounds, in designing,delivering and evaluating the local offer of positive activities, facilities andservices. Successful approaches could include:


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support, sports, artsand recreation budgets could and should bedevolved.

35. As a first step towards the ambition outlined at point (e), from 2008Regional Government Offices will support Local Authorities to learn thelessons from Youth Opportunity Fund spending. This will lay the groundworkfor Local Authorities to be able to devolve up to 5 per cent of their budget foryouth services to young peoples influence in 2010 and 2011. TheGovernments long term aspiration is that, by 2018, young people couldactively shape decisions on 25 per cent of Local Authorities budget forpositive activities.

36. In considering how best to engage and involve young people, and toensure compliance with the aspects of this legislation regarding contestability,local authorities should consider commissioning or working with organisationsskilled in engaging young people, particularly disadvantaged young people.

Scrutiny and Challenge

37. It will be important to ensure that the decisions local authorities makeabout positive activities are open to scrutiny and challenge.

a. Overview and scrutiny committees may decide to reviewdelivery.

b W d ill l h ll th i i f ti iti i


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care, young people with disabilities, and young people from the mostdisadvantaged neighbourhoods. TheGovernment expects as a result of

this legislation that local authorities will increase participation inpositive activities for all young people, but in particular for the mostdisadvantaged. Local authorities should monitor changes in participation, inparticular amongst target groups, to ensure progress is being made.

40. The childrens trusts partners (including the Primary Care Trust andthe Youth Offending Team) should help to: identify which groups should beprioritised in the local area; undertake an assessment of their need forengagement in positive activity provision; and determine what support theyneed to access activities and facilities.

41. The analysis of need could include the use of consultation (such as thatconducted as part of the local authoritys preparation for its disability equalityscheme); statistical data;16 neighbourhood data; feedback from serviceproviders; and information on individuals for example through sources such

as the Common Assessment Framework and for children in care, theirPersonal Education Plans.17 Lead professionals attached to young peoplewith complex needs will also be able to contribute to the needs assessmentprocess.

42. This work should build on and be incorporated into the wider needsassessment undertaken as part of the planning processes of the childrenstrust.18 Through these processes, local authorities should already be aware of

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However, unstructured youth clubs attracted the most disadvantaged youngpeople and may offer important routes to targeting young people at-risk. The

findings suggest a premium on high quality structured activities andsupervision in youth facilities.19

46. Local authorities should in particular, consider the benefits of securingaccess to activities that result in recorded and accredited outcomes, whichyoung people can use to demonstrate competencies and access furtheropportunities. Youth workers will play an important role in providing suchopportunities. In acting on this legislation, it will be important that localauthorities recognise the contribution of youth work methods in securingpositive outcomes for young people.

47. For this reason, 507B(3) requires that local authorities secure accessfor young people to sufficient educational leisure-time activities [and facilities]which are for the improvement of their personal and social development.This necessitates a specific consideration of whether the provision of youth

work in the area, through all providers, is sufficient to meet the needs ofyoung people.20

48. The local authoritys own contribution of direct and/or commissionedyouth work will make a vital contribution to this provision but in consideringhow to secure sufficient youth work it will need to take into account therequirement to build in contestability introduced by this legislation (seeparagraphs 91- 93).


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date information on positive activities and associated facilities in their area.21

52. Local authorities should ensure that the scope of the mapping does notsimply concentrate on in-house or commissioned provision, but also:

a. all local government provision of positive activities includingthat provided by district, town and parish councils;

b. private and third sector provision;

c. extended school services; and

d. targeted positive activities and regeneration-led youthprogrammes that link youth activities with wider neighbourhoodrenewal.


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Section Four Addressing barriers to access

53. Young people can experience different barriers to participation inpositive activities. The degree to which these barriers affect them depends ona combination of personal circumstances and the adequacy andappropriateness of local provision. Securing access under the new legislationentails removing these barriers.

54. This section provides guidance on six factors that are likely to influencethe accessibility of provision. These factors are:

a. the availability of attractive provision;

b. transport arrangements;

c. charging and subsidy;

d. equality of access;

e. personal support;

f. information provision.

a) The availability of attractive provision

55. Securing access to an accessible and attractive local offer of positive

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Capital and Infrastructure

58. The needs assessment carried out by local authorities in support of thisduty should include an assessment of the capacity of local facilities andsupporting infrastructure to support the planned offer of positive activities.

59. In responding to this assessment, local strategies for youth facilitiesshould be developed within the context of existing planning arrangements.This is in line with the Governments position: that local authorities and theirpartners, including the third sector, should develop a more strategic approach

to the management of public assets in their area; in particular to follow therecommendations ofMaking Assets Work: The Quirk Review23 on communitymanagement and ownership of assets.

60. We know that local authorities are increasingly setting out their plansfor facilities to support services for children, young people and families.Whether in their corporate or schools asset management plans, or their'strategies for change' under Building Schools for the Future local authoritiescan integrate infrastructure planning for the local offer of positive activities. Bydoing so, they will help to maximise the contribution from public facilities suchas schools, colleges, youth centres, leisure centres, museums, libraries andConnexions one stop shops, as well as private and third sector facilities.

Key partners

61 K t t i t i h i th l l ff i l d di t i t il


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organisations should be represented on local strategic bodies such as thechildrens trust and seen as an important partners in setting the vision and

strategy for the local offer; as well as providing or facilitating access toactivities.

Working with schools and FE institutions

64. Local authorities will be aware that the Government is investingsignificant sums under the extended school programme and has set out acore offer of extended services that all children should be able to access by

201025. This includes positive activities including homework clubs, sport,music tuition, dance and drama, play, arts and crafts, special interest clubs.

65. Extended school services will make a vital contribution to the local offerof positive activities. As a principal partner in helping and supporting schools,local authorities will want to ensure that a clear vision for positive activities isembedded within planning for extended school services and any relatedcapital investment. This planning should be informed by the views of youngpeople and the analysis of needs undertaken under section 507B.

66. The local authority will wish to support its vision for school-basedpositive activity by coordinating, commissioning and brokering services asappropriate. Local authorities will also wish to help schools in identifyingresources to develop extended services and may also be in a position tocreate or facilitate links between schools and potential partners. They may

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a vehicle for consultation, or a first step toward a more structured engagementwith a professional support worker.

70. Further education institutions also have an important role to play insupporting young people as they go through the transition from childhood toadulthood, and provide many opportunities for them to engage in positiveactivities. FE institutions often benefit from top-class facilities for sport, artsand learning, as well as staff trained to support the personal, social andemotional development of learners. Many of the 16-19 cohort covered by thenew legislation on positive activities will attend FE institutions. In acting onthe new legislation local authorities should ensure that they engage FEinstitutions as partners in delivery, looking where reasonably practicable tobuild their resources and expertise into the local offer of things to do andplaces to go.

Working with partners to support volunteering

71. The Government is committed to expanding opportunities for youngpeople to contribute to their communities through volunteering and otherforms of action that foster a sense of citizenship. Volunteering is classed as apositive activity under the new legislation and forms part of the NationalStandards for Positive Activities. Therefore, local authorities will need toinclude volunteering opportunities within their plans for the local offer. Indoing so they should consider what opportunities exist for young people tovolunteer within the local authority itself and in activities that it grant-aids or

i i


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people in public libraries.

75. Local authorities should work with regional bodies to consider how bestto fill gaps in local provision. ACE, MLA, English Heritage, CABE and PlayEngland regional offices will wish to be informed of local needs, youngpeople's expectations of provision, and the local authoritys plans for the localoffer; and should support children's trust partners in developing this local offer.

76. Local authorities will also want to keep in touch with the relevant grantprogrammes under the good causes of arts and film, heritage, sport and

health, education, environment and charities offered by the various Lotterydistributing bodies. The Lottery distributors active in each English region areArts Council England, Big Lottery Fund, Heritage Lottery Fund, Sport Englandand UK Film Council.

Local Area Agreements

77. Local authorities should use a range of Government and non-Government funding sources to secure positive activities and will increasinglywish to use Local Area Agreements (LAA) for this purpose.

78. From 2008-09, LAAs will provide local areas greater scope andflexibility in target setting and will no longer be about specific funding streamsbeing tied to specific targets. This is part of a wider package to create astreamlined and proportionate performance regime and give councils and

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provision can be improved by commissioning the service, or elements of itthrough an alternative provider. Where the commissioning of alternative

provision is considered to be expedient - the local authority is required to takesteps to secure this provision. To assist local authorities with thisconsideration, section 507B(8) also requires that local authorities consult suchother persons it considers appropriate. These could be alternative providers,partner agencies, professional organisations, or other independent bodies andindividuals operating in an advisory capacity.

83. In choosing how best to deliver a service under this legislation, the

authority will need to satisfy itself that it has assessed the merits of differentdelivery options. This assessment should be made using an approach that isproportionate and appropriate to the value and nature of the proposal inquestion. As part of this assessment, the authority will need to establish thewillingness and ability of alternative agencies to provide positive activities. Todo so fairly, it will also need to provide alternative providers with theinformation they need to decide whether to take an interest e.g. the results of

needs assessments so that they are aware of the opportunities in the market.

84. Competitive tendering processes would provide the comparison ofoptions and consultation required by the legislation. The management ofsuch processes, and the contracting stage of commissioning, should beseparated from the management structures for in-house provision. Ifcompetitive tendering is not used then any alternative needs to be fair andclearly communicated to potential providers


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88. Local authorities may still decide that elements of the positive activitiesprogramme should be retained in-house with other areas of work

commissioned from alternative providers. This guidance does not propose amodel, or suggest what proportion of activities should continue to be deliveredby the authority.

89. Regardless of how many providers are employed, the local authoritywill need to ensure that the overall offer of positive activities is wellcoordinated and maintains standards of quality and safety. Local authoritiesshould identify clearly the outcomes sought before commissioning positive

activities. They should also recognise that service level agreements canprovide a helpful way to record expectations of quality and performance.

90. When considering alternative providers, local authorities should ensurethat they do not exclude private sector providers. Authorities should beprepared to commission from private providers where they are seen as bestplaced to provide the service or part of the service in question.

Supporting market growth and sustainability

91. In considering the expedience of securing alternative providers, thelocal authority should recognise the factors within its control that influence thecontestability of the market and the feasibility of alternative provision. Factorssuch as the nature, size and length of the contract offered for tender caneffectively include or rule-out certain providers, as can overly restrictive

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95. Some young people, in particular vulnerable young people, may needadditional help, encouragement or travel training to access transport with

confidence, whilst some disabled young people may require modified orspecific vehicles to reach activities and facilities.

96. Over the longer term, local authorities should ensure that new facilitiesare sited to take advantage of local transport infrastructure (including cyclingand pedestrian routes) as well as to focus new investment on areas whereprovision is scarce. In the short term, local authority transport planners areencouraged to ensure that accessibility planning takes account of young

peoples transport needs in relation to positive activities.31

97. In regard to school-based positive activities, local authorities will beaware that under section 508A of the Education Act 1996 (inserted by section76 of the Education and Inspections Act 2006) they are required to produceand publish an annual sustainable modes of travel strategy, and to promotethe use of sustainable modes of travel. In preparing the strategy they must

conduct both an assessment of children and young peoples travel needs totheir place of education and an audit of the infrastructure supportingsustainable travel to schools.

98. The strategy should take into account children and young peoplestravel requirements to both core and extended school activities at the schoolor college they attend. In developing the strategy transport planners will wishto take into account the childrens trusts plans for the local offer of positive

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to services, fares or concerns about safety.

d. reviewing the resource they dedicate to cycle training includingtraining for younger children - and supporting cycling where theyfeel this will help increase participation in positive activities;32

e. ensuring that young people can access information on transport;

f. encouraging providers of positive activities to produce travelplans which show how young people can access their activity

without car transport.

101. Local authorities will be aware that people with disabilities are entitledto free off-peak local bus travel within their local authority area. Localauthorities also have the discretion to offer enhancements and alternatives tothe statutory minimum such as travel into a neighbouring authority, peaktravel, use on other modes of transport, and travel tokens.

c) Charging and subsidy

102. Affordability of provision is often a genuine concern for young people.Most are not in full time employment and the cost of travel, membership orequipment can severely restrict a young persons ability to participate.Financial support from parents and carers enables many young people toengage in positive activities but for some families with limited income,subsidising young peoples participation is not an option.


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effective means of increasing participation in activities. Local authorities areencouraged to consider how subsidies could assist young people from low

income families to engage in positive activities. This might include subsidisingtransport to activities.

105. Care Matters: time for changeintroduced an expectation that localauthorities will make their own leisure provision free for children and youngpeople in care. Local authorities are encouraged to respond positively to thisexpectation, and provide free access to all positive activities and relatedfacilities they own, deliver or commission and to encourage other providers to

offer free access or to contribute to the costs of participation in theseactivities. (See also paragraphs 125 - 129)

d) Addressing barriers to equal access

106. The Government considers that a key indicator of the adequacy of alocal authoritys response to the legislation will be how well it manages toaddress inequalities in young peoples access to positive activities. To do so,the local authority will need to identify and address the specific barriers toparticipation faced by disadvantaged groups in their area. It is for localauthorities to ensure that they do so in compliance with all relevant equalitieslegislation.

107. For some young people, a disability will result in additional barriers toparticipation. Local authorities will be aware of the requirements of the


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professionals or to partner organisations to help their staffdevelop appropriate skills and behaviours.

109. Inclusive provision should meet the needs of young people fromdifferent backgrounds, cultures, genders, and sexual orientation36. Localauthorities should aim to secure access to safe and supportive environmentsin which young people can be themselves and build relationships with othersfrom different backgrounds, especially where gaps between communities area barrier to accessing activities and services.

110. To ensure local positive activities offer a welcoming environment toyoung people, local authorities will also need to consider how to tacklepreconceptions and challenge attitudes which cause exclusion. For someyoung people, this will mean ensuring that provision is available that does notoffend their personal beliefs or cause them embarrassment (e.g. by offeringsingle sex swimming times to Muslim young women)37

111. In fulfilling their duties, local authorities should consider the specificneeds of, and access issues experienced by, young people with learningdifficulties

Supporting parents and carers

112. Section 12 of the Childcare Act 2006 has created a requirement thatlocal authorities maintain a service providing information to parents in relation


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information on positive activities it will need to ensure that the servicecomplements, and does not unhelpfully duplicate the work of the CIS.

116. An alternative approach to providing information directly to parentscould be to cascade information on appropriate positive activities toprofessionals who work with parents. Connexions personnel, youth workers,social workers, youth offending team staff, librarians, housing officers, choiceadvisers and staff delivering parenting classes will all interact with parents andcould provide them with information on positive activities and their benefits.

117. A complementary requirement was introduced by Care Matters: Timefor Change. It stated that local authorities will be expected to provide carerswith information packs, including information on things to do and places to go;and that the Government will provide support to authorities to fulfil thisexpectation.

118. Schools can also play a role in helping parents to facilitate youngpeoples participation in positive activities. Local authorities should encourageschools to provide information to parents regarding both the positive activitiesavailable through extended services and within the wider local offer. Providinginformation to parents is in keeping with the duty on governing bodies toconsult when offering extended services3940.

119. The prospectus for extended schools 41 published in June 2005 andupdated in June 2007, sets out expectations regarding access to parenting


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Short break befriending and sessional services may assist some disabledyoung people to engage in positive activities.

122. In some cases staff will also be acting in the role of lead professionalunder reformed targeted support arrangements signalled in Youth Matters,and as such will need to consider how they might support young peoplesengagement in positive activities, for example:

a. including participation in positive activities as part of a tailoredpackage of support;

b. helping the young person access information on positiveactivities, for example, by making web-access available, or byensuring the young person is registered to receive text alerts ofpositive activity opportunities;

c. being a source of advice and support in helping the youngperson think through their options and the benefits of

participation;

d. putting processes in place for brokering provision or negotiatingchanges to provision required to enable the young personsaccess, e.g. by arranging for the provider to establish initialcontact with the young person, by providing the young personwith a peer supporter or mentor, or by enabling the young


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125. Care Matters: Time for Change43 identifies some of the benefits foryoung people in care of participating in positive activities. Alongside generic

health and wellbeing benefits it highlights opportunities to meet and interactwith others and to develop friendships; and to come into contact with trustedadults. Care Matters: Time for Change suggests that such contact(s) cancounteract feelings of exclusion and provide valuable experiences indeveloping and maintaining social relationships and social and emotionalskills, which in turn help young people to avoid social exclusion and high-riskor anti-social behaviour.

126. The Government expects local authorities to fulfil their duties under thislegislation with rigour in regard to young people in care taking account oftheir needs and ensuring that they are helped to overcome barriers toparticipation.

127. Directors of Childrens Services will be responsible for ensuring thatyoung people in care enjoy the same or better levels of engagement in

positive activities as their peers. On the ground, it will be for the responsiblesocial worker to ensure that young people in care receive appropriate supportin accessing activities.

128. To fulfil this expectation, local authorities will need to;

a. provide young people in care with free access to the positiveactivities and related facilities they own, deliver or commission;


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up to date44. Local authorities may choose to respond to this requirement bycreating a new website for young people. Alternatively they might expand the

content of a website45

already popular with young people to create a morecomprehensive directory of information. Local authorities should alsoconsider the benefits (including those related to accessibility) of promotingpositive activities through other media such as leaflets, text-message alertsand e-mails and through other outlets such as public libraries.

131. Although there is no prescription for how local authorities shouldpublicise information, the Government does expect that information offered to

young people should be comprehensive, accurate and accessible.Information made available to young people should include details ofactivities, facilities and services available to young people, regardless ofprovider. It should also include travel information, details regarding disabledaccess and confirmation of whether providers of activities or transport acceptyoung peoples leisure cards or similar, if used in the area.

132. Involving young people in the production and design of the informationprovision will also help identify appropriate content and ensure the relevance,appeal and accessibility of the information provided. Local authorities shouldalso take into account the importance of creating media which young peopleperceive as attractive and engaging. This may require local authorities toallow the use of designs which do not fit with their corporate branding. It isalso possible that young people will express a preference for accessinginformation from other sources than the local authority, for example other

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provision47 would result in greater overall participation and/or result ineconomies of scale.

136. Local authorities should ensure that the information on existing localpositive activities and facilities is presented alongside:

a. evidence of improvements to the local offer, including progresstowards any agreed targets for participation, or quality orquantity of provision. This information should be updatedregularly;

b. information on live and forthcoming consultations regardingpositive activities, and support available to young people to helpthem take part;

c. the results of previous consultations with young people, togetherwith the local authoritys responses to the findings;

d. any other opportunities for involvement in local decision makingprocesses, such as those generated through the YouthOpportunity Fund and Youth Capital Fund;

e. the processes and channels young people can use to hold localauthority to account for its response to this legislation Thisinformation should also reflect any existing feedbackmechanisms and cycles. For example, Childrens Charters


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Promoting the accreditation held by providers will create an incentive for otherproviders to meet these standards.

140. Local authorities will be able to choose from a range of qualityassurance schemes such as the Sport England Club Mark (which is awardedonly to those clubs which meet nationally determined standards aroundinclusion and safety49). Local authorities could also ask local clubs for proofof affiliation with National Associations and Governing Bodies50 whereaffiliation is dependent on coaches being certified capable and/or CriminalRecord Bureau (CRB) checked.

141. Many positive activity providers will also seek voluntary registration onthe Ofsted Childcare Register to be introduced from 2007. Registration willentail meeting suitability criteria and can therefore also be considered to be aform of positive activity quality assurance.

142. Local authorities could also consider prioritising access to their facilitiesto third sector organisations and private clubs which can demonstrate theircommitment to accessibility and inclusion through accreditation/qualityassurance.

143. Local authorities will also be aware of the reforms contained in theSafeguarding Vulnerable Groups Act 2006 which will introduce a centralisedvetting and barring scheme for those working with children (and vulnerableadults). The scheme will be implemented from 2008. Individuals engaged in


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citizens with improved information and reporting. Accordingly, the localauthority should provide young people and communities with

information on improvements made to the local offer of positiveactivities. Local authorities may also wish to incorporate standards andtargets relating to its plans for the local offer within any local charters forneighbourhoods.

147. Strong and prosperous communitieshas also set out proposals forradical changes to the local government performance framework, whichinclude the development of a single set of performance measures relating to

outcomes (including the Every Child Matters outcomes).

148. In October 2007, the Government introduced Public ServiceAgreement, 14 (PSA 14): to increase the number of children and youngpeople on the path to success. Progress against this PSA will be measured byfive indicators, including an indicator for young peoples participation inpositive activities.

149. Progress, and success will be determined according to five indicators:

a. Indicator 1: Reduce the percentage of 16-18 year olds not ineducation, employment or training (NEET)

b. Indicator 2: More Participation in Positive Activities

c. Indicator 3: Reduce the proportion of young people frequently


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targets within Local Area Agreements.

153. From 2007/08, local level data is being compiled through a newnational young peoples perception survey called Tellus2. This data willprovide valuable information for childrens trusts and will help themunderstand young peoples opinions on matters effecting their participation inpositive activities. The data will also help local authorities to meet the Section507B requirement to ascertain the views of young people.

154. Local authorities are also encouraged to introduce local measures of

progress for any groups of young people (in their area) with specific oradditional needs, or who are seen to be at greatest risk of negative outcomes.Authorities may also wish to monitor participation in specific forms ofprovision. Such measures will support reporting and local performancemanagement and could form the basis for a local target or indicator within theLAA.

Current arrangements

155. The new Local Area Agreements will be introduced in 2008/09 and newassessment and inspection arrangements in 2009/10. Until then, there will beno single national measure that is capable of recording progress against thenew duty. A number of different performance indicators do exist, that cancontribute towards an overall picture of provision and are capable ofsupporting performance assessment.


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deliver above minimum requirements for users, are cost effective and makecontributions to wider outcomes for the community. Local authorities may

wish to have regard to these criteria when assessing the contribution theircultural services make to the offer of positive activities available to youngpeople.

160. For youth work activity funded directly by the local authority,services are currently benchmarked against 4 performance indicators. Thesecover the level of reach into the 13-19 population (against a benchmark of25%), the level of participation of the 13-19 population in youth work (against

a benchmark of 15%), the proportion of participants in youth work who gainrecorded outcomes (against a benchmark of 60%) and the proportion ofparticipants in youth work who gain accredited outcomes (against abenchmark of 30%). These indicators also form the basis of a Best ValuePerformance Indicator (BVPI) 221a/b which gathers both the percentage ofrecorded, and accredited outcomes from those young people aged 13-19participating in youth work. BVPIs will run until end March 2009. Local

authorities should continue to work to these measures until this point.

APA and JAR

161. Both APA and JAR involve key judgements that either directly addressyoung peoples participation in positive activities and their role in decisionmaking, or take account of positive activities within wider determinations ofperformance. Relevant key judgements include whether:


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Section Six Conclusion

168. Young peoples engagement in positive leisure time activities can helpthem to improve their health and well-being as well as develop personal andsocial skills which are essential for adult life. Engagement in positiveactivities can also help young people build resilience against high-risk or anti-social behaviour.

169. Section 507B of the Education Act 1996 seeks to ensure that all youngpeople will have access in their area to a high quality, and varied offer of

positive activities. To meet the Governments expectations a local authoritywill need to:

a. put young people, particularly the most vulnerable anddisadvantaged, at the centre of needs analysis, decision makingand evaluation in regard to positive activities in their area;

b. be aware of, and respond to gaps in provision by facilitating an

open and robust local market for positive activities;

c. help young people overcome barriers to participation,particularly those experienced by the most disadvantaged and/orvulnerable young people;

d. secure young peoples access to comprehensive, accurate andaccessible information on local positive activities, and where


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Annex A Useful documents and websites

Documents

Aiming high for young people: A ten year strategy for positive activities,(DCSF/HMT July 2007)

http://www.dfes.gov.uk/publications/tenyearyouthstrategy/index.shtml

Publicising Positive Activities, DfES (October 2006)

http://www.everychildmatters.gov.uk/youthmatters/thingstodo/

Detailed guidance on the duty to publicise information on positive activitiesand keep it up to date introduced by section 6 of the Education andInspections Act 2006.

Good practice information on publicising positive activities is also

available from:

a) National Youth Agency,

http://www.nya.org.uk/Templates/internal.asp?NodeID=93853&ParentNodeID=89407

b) IDeA, http://www.idea-knowledge.gov.uk/idk/aio/5471136
http://www.dfes.gov.uk/publications/tenyearyouthstrategy/index.shtmlhttp://www.everychildmatters.gov.uk/youthmatters/thingstodo/http://www.idea-knowledge.gov.uk/idk/aio/5471136http://www.dfes.gov.uk/publications/tenyearyouthstrategy/index.shtmlhttp://www.everychildmatters.gov.uk/youthmatters/thingstodo/http://www.idea-knowledge.gov.uk/idk/aio/5471136


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partners who can help

Care Matters, DfES (2006).

http://www.everychildmatters.gov.uk

This green paper sets out policies to ensure earlier interventions and supportfor families where children are on the edge of care. It goes on to includeproposals to strengthen the corporate parenting role of local authorities; highquality placements which meet their needs; a first class education; positive life

outside school; and support for transition into adulthood.

Care Matters: time for change

The white paper that followed Care Matters

http://www.dfes.gov.uk/publications/timeforchange/

Targeted youth support prospectus, DfES

From http://www.everychildmatters.gov.uk

The targeted youth support prospectus will offer a detailed vision and practicalhelp for local areas in reforming their targeted youth support services, basedon the experience of fourteen pathfinder areas.
http://www.everychildmatters.gov.uk/http://www.everychildmatters.gov.uk/


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and improve practice and policy on the active involvement of children andyoung people.

Engaging the voluntary and community sectors in childrens trusts, DfES(2005)

http://www.everychildmatters.gov.uk/_files/9BC0394D20F3A2FA425FAFE5CC099E02.pdf

Advice and guidance to support local authorities, other public sector agencies

and voluntary and community organisations in developing effectivearrangements for involving the voluntary and community sectors in childrenstrusts.

Learning Outside the Classroom Manifesto, DfES (2007)

http://www.teachernet.gov.uk/teachingandlearning/resourcematerials/outsideclassroom/

The Manifesto acts as a shared statement of intent for all who see thebenefits to young people and want to help bring about this vision of highquality, meaningful learning experiences for all.

Strong and prosperous local communities, DCLG (2006)

http://www.communities.gov.uk/index.asp?id=1503999
http://www.everychildmatters.gov.uk/_files/9BC0394D20F3A2FA425FAFE5CC099E02.pdfhttp://www.everychildmatters.gov.uk/_files/9BC0394D20F3A2FA425FAFE5CC099E02.pdfhttp://www.teachernet.gov.uk/teachingandlearning/resourcematerials/outsideclassroom/http://www.teachernet.gov.uk/teachingandlearning/resourcematerials/outsideclassroom/http://www.communities.gov.uk/index.asp?id=1503999http://www.everychildmatters.gov.uk/_files/9BC0394D20F3A2FA425FAFE5CC099E02.pdfhttp://www.everychildmatters.gov.uk/_files/9BC0394D20F3A2FA425FAFE5CC099E02.pdfhttp://www.teachernet.gov.uk/teachingandlearning/resourcematerials/outsideclassroom/http://www.teachernet.gov.uk/teachingandlearning/resourcematerials/outsideclassroom/http://www.communities.gov.uk/index.asp?id=1503999


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The Study Support Framework document restates the Governmentscommitment to study support; reinforces its position in the current policy

context; and highlights the close linkages between study support,personalised learning, raising standards, and extended schools.

Framework for the future, DCMS (2003)

http://www.culture.gov.uk/Reference_library/Publications/archive_2003/framework_future.htm

This document outlines the Government's long-term strategic vision for therole of public libraries. This document makes clear the contribution thatlibraries can make to children and young peoples development andattainment.

Children, Young People and the Arts, ACE (2005)

http://www.artscouncil.org.uk/publications/publication_detail.php?

sid=9&id=478

and

Children, Young People and the Arts. East Midlands regional strategy,ACE (2006)

http://www.artscouncil.org.uk/publications/publication_detail.php?
http://www.culture.gov.uk/Reference_library/Publications/archive_2003/framework_future.htmhttp://www.culture.gov.uk/Reference_library/Publications/archive_2003/framework_future.htmhttp://www.artscouncil.org.uk/publications/publication_detail.php?sid=9&id=478http://www.artscouncil.org.uk/publications/publication_detail.php?sid=9&id=478http://www.artscouncil.org.uk/publications/publication_detail.php?sid=9&id=520http://www.culture.gov.uk/Reference_library/Publications/archive_2003/framework_future.htmhttp://www.culture.gov.uk/Reference_library/Publications/archive_2003/framework_future.htmhttp://www.artscouncil.org.uk/publications/publication_detail.php?sid=9&id=478http://www.artscouncil.org.uk/publications/publication_detail.php?sid=9&id=478http://www.artscouncil.org.uk/publications/publication_detail.php?sid=9&id=520http://www.artscouncil.org.uk/publications/publication_detail.php?sid=9&id=520


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Futures and the lessons which will help to establish a benchmark for sport andactivity based social inclusion programmes in the future.

Useful websites

1. The National Youth Agency website contains case studies, publicationsand research on youth policy and practice, as well as the active involvementof young people in their communities.

http://www.nya.org.uk

Idea Knowledge demonstrates examples of good practice from Beaconcouncils under the themes of positive youth engagement in community anddemocratic processes and culture and sport for hard to reach groups.

http://www.idea-knowledge.gov.uk/idk/core/page.do?pageId=5096139

Guidance and information on the PE, School Sport and Club Links strategy isavailable from:http://www.teachernet.gov.uk/teachingandlearning/subjects/pe/

Publications and resources for setting up and maintaining study supportprogrammes, including practical guidance on health and safety issues areavailable from: www.standards.dfes.gov.uk/studysupport
http://www.nya.org.uk/http://www.idea-knowledge.gov.uk/idk/core/page.do?pageId=5096139http://www.teachernet.gov.uk/teachingandlearning/subjects/pe/http://www.standards.dfes.gov.uk/studysupporthttp://www.nya.org.uk/http://www.idea-knowledge.gov.uk/idk/core/page.do?pageId=5096139http://www.teachernet.gov.uk/teachingandlearning/subjects/pe/http://www.standards.dfes.gov.uk/studysupport


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The Music Manifesto was set up by DfES and DCMS in collaboration withmusic organisations to develop opportunities for young people to play and

experience music at all levels.

http://www.musicmanifesto.co.uk

The Arts Council England is the national development agency for the arts inEngland and priorities children and young people in its work.

http://www.artscouncil.org.uk

CABE (THE COMMISSION FOR ARCHITECTURE AND THE BUILTENVIRONMENT)www.cabe.org.uk/teachingresourcesCABE provides resources, research, news and articles to engage children andyoung people with the built environment, as well as support and inspiration forschool visits.

ENGLISH HERITAGEwww.english-heritage.org.uk/educationEnglish Heritage aims to promote greater understanding of the historicenvironment and produces a vast range of resources to support theinvolvement of young people with heritage. English Heritage also welcomeseducational groups free of charge to over 400 historic properties across thecountry.
http://www.musicmanifesto.co.uk/http://www.artscouncil.org.uk/http://www.cabe.org.uk/teachingresourceshttp://www.english-heritage.org.uk/educationhttp://www.musicmanifesto.co.uk/http://www.artscouncil.org.uk/http://www.cabe.org.uk/teachingresourceshttp://www.english-heritage.org.uk/education


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Annex B

Possible action bythe local authority How will this help develop themarket for positive activities? Considerations

Join-upcommissioningprocesses acrossdifferent parts of theauthority and withpartners

Increase coherence for potentialproviders when assessing/entering themarket.

Childrens trust arrangementswill assist with co-ordination

Establish longer term

fundingarrangements

Providers will be less likely to seek to

provide services and less able toensure quality where fundingtimescales are short term and do not:justify the necessary investment; allowtime to establish quality systems; orprove attractive to well training staff.

Longer term funding arrangementsalso provide a greater degree of

strategic planning for service delivery.

Longer term contracts should

be negotiated to besufficiently flexible to enableproviders to meet changingdemands in service provisionfrom young people.

The advantages of large scalecontracts must be weighedagainst the need to ensure

that smaller providers withspecialised programmes orlocal experience can alsocompete on a level playingfield.

Enable full costrecovery

Provision will only be sustainable overthe longer term if full costs (includingdevelopment and administrative costs)are able to be included in the funding


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resources available to thesector through alternativefunding sources

Establish pragmatic,proportionate andeffective localperformancemanagementprocesses

Local authorities will be concerned toenhance performance managementprocesses and improve provideraccountability without creatingdisproportionate administrativeburdens which can act as a barrier tomarket entry.

Where possible, requirementsshould be harmonised withthose from other sources offunding (beyond the localauthority) to minimise thepotential for multiple requestsfor similar, yet separateinformation.

Be clear what

constitutes goodoutcomes, and howthe quality andconsistency ofservice provision canbe monitored

Introduce clear Service Level

Agreements that enable providers toestablish quality assurancemechanisms that meet the localauthoritys requirements and therebyprovide the degree of confidence andaccountability to meet local authorityrequirements.

Introduce clear sanctions and rewards

to support good performance and tochallenge failure.

Outcomes should relate to the

Every Child Matters: Changefor Children OutcomesFramework52

Make a range of non-financial resourcesavailable to providers

In some cases there will be scope tofacilitate others to make provision bypermitting free or reduced cost use ofhuman and physical resourcesavailable to the authority. This mightinclude use of buildings or transport,and could also mean access to

Providing centrally ownedfacilities for use by multipleproviders often allows formore efficient use ofresources.

Many funding bodies would


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Annex C

Key Line ofEnquiry

A service that consistently delivers aboveminimum requirements for users, is cost effective

and makes contributions to wider outcomes forthe community.

A service that delivers only minimum requirements,and is not especially cost effective nor contributes

significantly to wider outcomes for the community.

Are the needs ofcitizens andusersat the heart ofthedesign anddeliveryof the servicenow

and in thefuture?

Children and young people, older people and targetcommunities are regularly and widely consulted in a plannedand systematic way and as a result have opportunities toexpress their interests and aspirations in relation to culturalsector opportunities and experiences.

Services work well together across the range of service areasto ensure that children and young people have access toaffordable cultural activities and that they are able to access

opportunities for physical activity.

Services use a wide and contemporary range of informationon the ethnicity, vulnerability and disability of service users toensure services are planned, prioritised and delivered in anon-discriminatory way.

Children and young people, older people and target communitieshave opportunities to express their interests and aspirations withregard to the cultural sector, but consultation is sometimes irregularor lacks co-ordination.

Services work reasonably well together in a number of areas intrying to ensure that children and young people have access toaffordable cultural activities, but there are some gaps which results

in lack of opportunities for some.

Services use a reasonable range of information including theethnicity, vulnerability and disability of service users, and servicesare planned, prioritised and delivered in a non-discriminatory way.

Is the serviceaccessible,responsive andbased on arobustunderstanding oflocal need?

Children and young people have access to a wide range ofvaried safe, affordable, formal and informal play opportunities

in their neighbourhood within easy reach of home.

The full range of services provided complies withrequirements for physical, remote, and intellectual access forlocal people and in particular meet the access needs of

Children and young people have access and opportunities to anumber of varied safe, affordable formal and informal play

opportunities within easy reach of home.

Many but not all services comply with requirements for access for

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children, young people, older people and target communities. local people and the access needs for children, young people, olderpeople and target communities are not effectively addressed acrossthese categories of potential users.

Are servicestandards clearandcomprehensiveandhave users beeninvolved insettingthem where

appropriate?

There is a broad range of current clear evidence to show

that users and local people have been widely involved in

setting standards where they apply in different aspects of

services, and the views of children and young people, older

people, and target communities in particular have been

actively sought out and acted on.

Appropriate and specific arrangements are made so that

children and young people, older people, and target

communities can be involved in consultation and

communication processes as a matter of course.

There is evidence to show that users and local people have beeninvolved in setting standards in most, but not all, areas of servicewhere they apply, and the views of children and young people,older people, and target communities have been acted on.

There is evidence of arrangements to involve children and youngpeople, older people, and target communities in consultationprocesses, but their views are not proactively sought out and as aresult the potential in their involvement is not maximised.

Is the serviceeffective inmeeting local,regional andnationalobjectives?

Services provide comprehensive support across all servicesto parents and carers in supporting children and youngpeoples learning and education. Looked after Children andtheir carers are targeted by the service and are able toparticipate in cultural sector opportunities and they considerthem easy to access.

There is felt to be safe access to all facilities and they are notlimited by location or surroundings; this is particularly true forchildren, young people, older people, and target communities.

Children and young people feel positive about safety andaccessibility issues; this encourages usage and promotes a

positive perception of safety in the area.

The cultural sector contributes fully and effectively to a range

Services provide basic support to parents and carers in supportingchildren and young peoples learning and education. Looked AfterChildren and their carers are able to access services but they arenot targeted and services are more reactive than proactive.

There is felt to be safe access to the majority of facilities and only asmall number are limited by location or surroundings; this is alsotrue of provision for children, young people, older people, and targetcommunities.

Children and young people feel less confident about safety and

access. This may deter usage and promote reluctance to use localfacilities.

The sector contributes to some basic improvements in the quality of

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of improvements in the quality of life for many local people, inparticular for children, young people, older people, and targetcommunities. This is through a rich and vibrant range ofinitiatives to improve the built environment, parks and openspaces, opportunities for play and recreation, the arts, sport,

and heritage.

Services to children and young people are of a consistentlyhigh quality, well promoted, and are well used and close tocapacity, such as playschemes, playgrounds and play areas,childrens activities in libraries, museums and leisure centres,holiday activities, homework support, youth shelters andbooks for babies.

The outdoor environment is comprehensively well maintainedby the council and public open spaces for events,recreational, sporting, and casual use are well used and

consistently well regarded by local people. Parks achieveGreen Flag awards.

life for a number of local people, including children, young people,older people, and target communities. This is through a more limitedor narrower range of initiatives to improve the built environment,parks and open spaces, opportunities for play and recreation, thearts, sport, or heritage.

There is a range of services to children and young people but theymay be varied and medium in quality and the range of provision maynot be comprehensive. Provision is under-utilised by local youngpeople.

Some aspects of the outdoor environment are reasonably wellmaintained but there are inconsistencies in standards; public openspaces for events, recreational, sporting, and casual use are underutilised, and local peoples opinions about public open spaces arevaried.

What is user

experience of,and satisfactionwith, the qualityof the service?

A high proportion of children and young people, older people,and targeted communities are highly satisfied with the rangeand quality of services available to them.

Children and young people, older people, and targeted communitiesare reasonably satisfied with the range and quality of servicesavailable to them.

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