Question to the Department for Education:

To ask the Secretary of State for Education, whether she has made an assessment of the (a) suitability of and (b) need for a review of Provider Access Legislation for students with SEND to assist them with acquiring employment.

Since January 2023, schools have been required to comply with strengthened provider access legislation, offering at least six opportunities for pupils to meet providers of technical education or apprenticeships. These encounters offer insights into the courses and qualifications that different providers offer, supporting pupils to make more informed decisions about their next step.

All pupils should have the same opportunities for meaningful provider encounters. The overwhelming majority of pupils with special educational needs and disabilities (SEND), including those with high levels of needs, can access fulfilling jobs and careers with the right preparation and support. Schools should involve parents/carers, the Special Educational Needs Coordinator and other relevant staff to identify any barriers and support needed, and tailor each provider encounter appropriately.

Where future pathways are limited for learners due to the nature of their specific learning needs and/or physical ability, for example where they are highly likely to proceed into adult social care, it is recognised that it may be necessary for additional flexibility in how these encounters are delivered.

The Careers and Enterprise Company (CEC) supports schools, colleges and specialist institutions to meet the requirements of the provider access legislation. The CEC has produced tailored resources for provider access legislation in SEND settings, sharing good practice in developing and delivering tailored encounters within SEND provision. The resources can be found at the following link: https://resources.careersandenterprise.co.uk/resources/provider-access-legislation-pal-send-settings.

Data published by the CEC provides encouraging early evidence that specialist settings are offering more meaningful encounters for their pupils. For example, in the 2022/23 academic year, 69% of schools reported that most young people had been provided with meaningful encounters with Independent Training Providers (up 9% percentage points in 2021/22). This was higher in special schools and alternative provision (90%), an increase of 22% percentage points from the previous year.

2023/24 is the first full academic year that the strengthened legislation has been in place. The department will continue to monitor and review the support in place, the level of compliance, and the impact on young people.