Understanding Your Legal Duty
What is the Baker Clause?
Introduced in 2018 as an amendment to the Technical and Further Education Act 2017 and strengthened in the Skills and Post-16 Education Act 2022 with the introduction of Provider Access Legislation, the Baker Clause stipulates that schools must allow colleges and training providers access to every student in years 8 to 13 to inform them about approved technical education qualifications and apprenticeships.
This page sets out the basics of what you need to know to ensure that your school or college remains compliant with the legal duty.
Careers guidance and access for education and training providers
The Department for Education’s statutory guidance for schools and colleges, sets out expectations for compliance, which includes:
- Schools must act impartially and not show any bias towards any route, be that academic or technical.
- Schools should promote the full range of technical options.
- Schools must open their doors to other education and training providers, providing a range of opportunities for providers to talk to all year 8 – 13 pupils about their offer.
- Pupils should be aware of the benefits of apprenticeships, T Levels and other approved technical education qualifications.
- Schools should make every effort to improve their performance against the 8 Gatsby Benchmarks.
- Governing bodies and senior leaders should review their arrangements for provider access and prepare and publish a policy statement on the school website.
Your Questions Answered
What will Ofsted be looking for?
Ofsted is legally required to comment on the careers guidance provided at colleges to 16 to 18 year olds and students aged up to 25 with an EHC plan. Ofsted inspectors will also inspect and comment on careers guidance in inspections of all Further Education and skills providers as appropriate. The government’s school inspection guidance highlights the need for careers guidance to meet the Gatsby Benchmarks where relevant.
What are the governing body expectations?
Every school should have a member of their governing body who takes a strategic interest in careers education and guidance. Furthermore, they should ensure that their school is meeting the statutory requirements.
What is a quick checklist for schools?
- Identify a named Careers Leader.
- Create a Provider Access Policy Statement setting out the opportunities for providers to visit the school and the process to request access.
- Publish the statement on the school website.
- Review (annually) the effectiveness of the arrangements for your school and update your approach as appropriate.
