On 5 January 2023, the Department for Education published new statutory guidance for schools on the opportunities they must provide for all pupils to find out about the training and career routes available to them at key times in their education, including technical training and apprenticeships, by meeting with training providers.

The guidance follows on from the Baker Clause - previously criticised as the “law without teeth” - becoming legally enforceable last April through the Skills and Post-16 Education Act 2022.

The Baker Clause stipulates that schools must provide all students in Years 8 to 13 with access to colleges and training providers, in legislation aimed at addressing skills shortages across a variety of sectors of the economy.

• Careers advice: What schools need to know about the Baker Clause
• Guidance: Is your school breaking the law on careers advice?
• Work experience: Three ways to transform work experience in your school

So what’s new and what must schools do now?

Careers guidance: changes to legislation

From 1 January 2023, all schools must provide at least six encounters with a provider of technical education or apprenticeships for students in Years 8 to 13.

The guidance prescribes a timeline that ensures students are aware of the range of opportunities available to them when considering their post-14, post-16 and post-18 options and their progression to the next stage of education or training.

Schools must follow this prescribed timeline:

• First key phase (Year 8 or 9): at least two encounters that are mandatory for all students to attend. These sessions should take place at any time during Year 8 or between 1 September and 28 February during Year 9.
   
• Second key phase (Year 10 or 11): at least two encounters that are mandatory for all students to attend. These sessions should take place at any time during Year 10 or between 1 September and 28 February during Year 11.
   
• Third key phase (Year 12 or 13): at least two encounters that are mandatory for the school to organise but optional for students to attend. These sessions should take place at any time during Year 12 or between 1 September and 28 February during Year 13.

A ‘ladder of support and intervention’

The DfE has also introduced a “ladder of support and intervention”, in conjunction with the Careers & Enterprise Company (CEC), to ensure a transparent and consistent approach to helping all schools meet their obligations under this legislation.

This intervention also sets out action to be taken in cases of non-compliance.

In summary, the ladder of support and intervention is as follows:

1. Support (CEC-led): The school would receive targeted support and guidance to remind it of its duties under legislation and what steps it needs to take to ensure compliance.
    
2. Responding to concerns (CEC-led): The Careers Hub will review the specific concern with the school and will arrange support. Schools may also be encouraged to undertake an expert review or independent quality assurance of their careers provision with a focus on provider access legislation.
    
3. Responding to complaints (DfE-led): In cases of non-compliance where supportive measures have been exhausted, the DfE will write to the school to remind it of its duties. A date will be provided by which the school must comply to avoid formal intervention. The letter will also state that the senior leadership and/or governors should undertake careers leader training.
    
4. Intervention (DfE-led): The secretary of state will intervene under sections 496 and 497 of the Education Act 1996. Schools will be required to take appropriate remedial action.

Once a school has reached step 3 on the ladder of support and intervention, it will be further monitored in the current and following academic year to ensure that the right support is provided going forward.

Ofsted’s grade criteria will also set out that a school with “good” personal development will meet the requirements of provider access legislation.

Schools that fail to comply with provider access legislation risk inspectors stating in their published inspection report that the school was non-compliant.

A renewed focus

It seems evident from the above - and the fact that the DfE has also outlined a new primary school careers programme - that career guidance is a clear focus for the government.

As such, leaders in all settings, and especially those in secondary schools, should make sure they are aware of their responsibilities and make the necessary changes to remain compliant sooner rather than later.

Laura Berman is a partner at law firm Stone King, and Sarah Mohammed is a trainee solicitor at Stone King