Agenda item

Report of the Chief Executive

The Cabinet considered a report of the Chief Executive, which outlined the process to be followed and sought consent to the making of an order required to enable full devolution of the Adult Education Budget (AEB) to the West Midlands Combined Authority (WMCA).

The WMCA’s first Devolution Deal was formally agreed by the Combined Authority Shadow Board on 17th November, 2015.  The agreement included the transfer of adult skills funding (Adult Education Budget - AEB) to the WMCA and the subsequent Order establishing the Combined Authority contained details of a number of Adult Education powers although it did not deal with the devolution of funding.  In order to prepare for devolution, the Combined Authority was required to meet a series of readiness conditions including the transfer of the Secretary of State for Education’s statutory duties in relation to the provision of further education for adults.

The principal purpose of the AEB was to engage adults in learning that supported wider economic and social priorities. Devolution of the AEB would only be applied within constituent member areas, and the indicative budget would be approximately £112m for 2019/20 based on current spend on residents.

The Order, to be received in draft by 19th March 2018, would set out the details of AEB functions that would be transferred to the WMCA with the agreement to devolve the budget. Department for Education (DfE) had been clear that the Order would not cover apprenticeships, adult offender learning or provision for people aged 16 -18. Subject to these exceptions, it was proposed that the following functions contained in the Apprenticeships, Skills, Children and Learning Act (ASCAL) 2009 would transfer to the WMCA in relation to constituent member areas:

1.  S86 – Duty to provide appropriate 19+ Further Education (not to include apprenticeships, prisoner education or traineeships).

2.  S87 – Duty to provide appropriate Further Education to 19+ learners who do not have certain specified qualifications

3.  S88 – Duty to ensure that provision is free for relevant learners who do not have certain specified qualifications

The following powers would be exercised concurrently with the Secretary of State:

1.  S90 – Duty to encourage learner and employer participation in education and training of people aged 19+ (except those in adult detention) (to be exercised concurrently with the Secretary of State)

2.  S115 – Duty to consider/have regard to the needs of 19+ learners with Special Education Needs ( other than those aged 19-25 with Educational Health Care plans, who will remain  the responsibility of the LAs as they are treated as 16-18 year old learners).

3.  S122 – Power to exchange information with providers to enable provision of 19+ FE (to be exercised concurrently with the Secretary of State).

RESOLVED that the Cabinet:-

1.  Approve the transfer of functions to WMCA as set out in the report to ensure the successful devolution of the Adult Education Budget in 2019.

2.  Consent on behalf of the City Council to the making of an Order giving effect to this transfer.

3.  Delegate authority to the Chief Executive, following consultation with the Leader of the Council, to approve the final draft Devolution Order in order to meet the timetable for agreement as set out in the report.