WIKIPost-16 Education (Scotland) Bill
This Education Bill is Scottish legislation, currently being debated in the Scottish Parliament. Of particular concern are new data sharing powers.
It appears that people in education would be systematically tracked, monitored and followed, with powers for the State to share data about them. There is to be a central Hub. It will collect information about young people, most likely without their truly informed consent as they may not be aware how their data will be used.
Additionally, as an approach, the Bill seems to be taking a centralised approach to IT and education provision.
Draft post 16 Education Bill
Call for evidence, by 18 January 2013. The Committee ask for evidence to be submitted electronically in word format [1] – limited to around 4 sides of A4 and set out in numbered paragraphs.[1]
Policy Memorandum Extract
From PDF, linked to Bill page.[2]
Data sharing (Section 15) “This approach, when fully implemented, will ensure local authorities and their partners systematically identify young people who have disengaged from learning or who are most likely to do so; tailor learning and wider provision to meet individual needs; and, provide focused and ongoing support, including careers advice, to ensure they make progress.” Putting Learners at the Centre: Delivering our Ambitions for Post-16 Education Scottish Government, September 2011
41. Opportunities for All is the Scottish Government‘s commitment to an offer of a place in learning or training for every 16 to 19 year old who is not currently in employment, education or training. It builds on, and adds impetus to, existing activity driven through 16+ Learning Choices and wider youth employment activity.
42. It is important that all young people who disengage, or who may be at risk of disengaging, from learning or training can be identified so that appropriate support can be provided back into learning, training or employment. This is required to plan and deliver services across the post-16 learning system, including those which support delivery of Opportunities for All. It requires a robust identification, tracking and monitoring system to allow the Scottish Government and its partners to plan and support the transitions that young people make through the post-16 learning environment. Data collection and sharing across the 16 to 24 age group will also support comprehensive evaluation of the impact of provision and support across the post-16 learning system.
43. How this data sharing will work in practice can be separated into two facets. Firstly the data practice and secondly how this practice will support policy delivery (it is intended to set this out in greater detail within secondary legislation).
44. For data sharing to take place records must first be created for all young people. This is normally for each child when they are first enrolled for mainstream education. These records form the base data set which tells us how many young people there are in mainstream education in Scotland (The Pupil Census). Data which is relevant to the young person‘s learning is added to their records as they progress through mainstream education. This data will include type of school, school leaving date and may include whether a young person has an additional support need. When the young person reaches the senior phase of Curriculum for Excellence an agreed selection of fields within their record is shared with Skills Development Scotland (SDS). This enables a post-16 record to be created that can track a young person‘s learning and training with a number of different providers on leaving school. SDS maintain this record, updating it appropriately with data received through face to face meetings with the young person and data shared with SDS by partners.
45. When a provider of learning or training enrols a young person they will share a record with SDS of that young person‘s enrolment along with other agreed fields. When SDS receives this record it is able to update the record that it holds to reflect the young person‘s current learning or training status. This allows SDS front line careers staff to know that they need not contact this young person to ask if they require help to find learning or training. Likewise when a young person leaves a training or learning provider, the provider notifies SDS to that effect.
46. The founding record for a young person in Scotland comes from their enrolment in government funded mainstream education and not their health record. This means that someone who comes into Scotland after compulsory schooling age of 16 and does not apply for a mainstream school place before the age of 18 will not have a record created in this manner. If the young person engages with SDS they will have a record created. If the young person enrols directly with a provider of learning or training their data will be shared with SDS and an existing record would be updated.
47. SDS will maintain a young person‘s record whilst they are receiving data and/or are in direct contact with the young person. After this time, the young person‘s record will be archived and retained in line with agreed standard data practice timescales. This approach has been taken as SDS provides all age services and an individual may wish to contact SDS again later in life. This process will enable SDS to provide more tailored support based upon knowledge of the individuals prior participation in learning and training.
48. Elements of this data-sharing approach are already in place, with SDS acting as a data hub, and many bodies having concluded data sharing agreements with SDS covering young people‘s transitions through the learning system. However, if we are to ensure that every young person receives the support to which they are entitled when they need it most, all relevant partners need to share data. Our expectation is therefore that all of those responsible for providing learning and training to 16 to 24 year olds must participate in data sharing with SDS. The proposed legislative measures are framed to this end.
49. Through the data hub, those involved in planning and delivering learning and training to 16 to 24 year olds, including those required to share data, can monitor their performance and ensure that the best services are provided for young people.
Draft response
ORG supporters and the Edinburgh group are drafting a response.