Guidance

Background to adult education budget devolution

This guide contains information for providers with a current Education and Skills Funding Agency funding agreement and adult education budget (AEB) allocation.

From:
Education and Skills Funding Agency
Published
28 October 2020

This guidance was withdrawn on

This page has been withdrawn because it is no longer current. You can read government policy on the adult education budget at adult education devolution.

Applies to England

Background to AEB devolution

In 2015 to 2016, the government agreed a series of devolution deals between central government and local areas (Mayoral Combined Authorities) (MCAs) in England.

As part of the devolution deals, certain adult education functions, in the Apprenticeships Skills, Children and Learning Act 2009, which are funded by the AEB, have been transferred to 6 MCAs in relation to their respective areas by legislative orders made under the Local Democracy, Economic Development and Construction Act 2009. These functions have been delegated to the Mayor of London under section 39A of the Greater London Authority Act 1999 (see delegation letter).

The Department for Education (DfE) will transfer the relevant part of the AEB participation budget to the MCAs and the Mayor of London to undertake the adult education functions. These arrangements are commonly described as ‘AEB devolution’ and apply from academic year 2019 to 2020; the MCAs and the Mayor of London (acting where appropriate through the Greater London Authority (GLA) are referred to here as ‘the devolved authorities’.

What AEB devolution includes

Functions of the Secretary of State to be transferred to the Mayoral Combined Authority and delegated to the Mayor of London in relation to the area.

The orders and delegation agreement provide for the transfer and delegation of the following adult education functions in the Apprenticeships, Skills, Children and Learning Act 2009 from the Secretary of State for Education to the 6 MCAs and GLA in relation to their areas:

  • section 86 which relates to education and training for persons aged 19 or over
  • section 87 which relates to learning aims for such persons: and provision of facilities
  • section 88 which relates to the payment of tuition fees for such persons

The MCA and GLA, instead of the Secretary of State, will be responsible for these functions in their area.

Functions of the Secretary of State to be exercisable concurrently with the combined authority and the Mayor of London in relation to the area.

The orders and delegation agreement provide for the following adult education functions in the Apprenticeships, Skills, Children and Learning Act 2009to be exercised concurrently by the Secretary of State for Education and the 6 MCAs and GLA in relation to their areas:

  • section 90 which relates to the encouragement of education and training for persons aged 19 or over and
  • section 100 (1) which relates to the provision of financial resources

Conditions

Through the orders and delegation agreement, the Secretary of State for Education has set the following conditions on MCAs and the GLA:

  • the mayoral combined authority and GLA must adopt learner eligibility rules for awards by an institution to which it makes grants loans or other payments in accordance with any direction given by the Secretary of State
  • in exercising these functions, the mayoral combined authority and GLA must have regard to guidance issued by the Secretary of State

The Department for Education (DfE) retains the power to specify which qualifications are part of the statutory entitlements, as the government is not transferring this to devolved authorities.

The devolved authorities are required to fully fund statutory entitlements for eligible learners in their respective areas. The ESFA will continue to provide full funding for the statutory entitlements for learners in England outside the devolved areas.

The exercise of devolved adult education functions (statutory guidance) In July 2018, the Department for Education published statutory guidance. This guidance provides MCAs with clarity in the exercise of their adult education functions and the associated budget. Similar guidance has been developed for the Mayor of London.

Exclusions

DfE will not transfer or delegate functions relating to apprenticeships training, persons subject to adult detention or any power to make regulations or orders.

Traineeships for 19 to 24-year-olds will remain a nationally funded and contracted programme with funds provided by ESFA, regardless of where trainees reside.

The following guidance remains in place for ESFA funded AEB:

Updates to this page

Published 28 October 2020

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