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Duty of Care in Higher & Further Education - Legal Position of Students Aged 16-18
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In England and Wales this area is governed by the Family Law Reform Act 1969. This Act reduced the
age of majority (adulthood) from 21 to 18. For a FE institution this essentially means that it has an ‘in
loco parentis’ role for a student until they reach adulthood.
What I am curious about if anyone has come across any reading why it practice this has been taken to the age of 19 within HE or FE?
Andrew Böber CMIOSH FRSPH FRGS
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Rank: Forum user
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Never really thought about this but perhaps the accepted age is 19 to take into account students who may need to spend their first year at an FE college redoing GCSEs before progressing to A levels/BTECs/etc or maybe doing resits after failing A levels? Or perhaps an apprentice on a three year course?
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Rank: Super forum user
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As I know it irrespective of all the 'local' agreements i.e. Specific FE areas the law is that at 18 U are an adult - the armed forces especially in time of war can be an anomaly; so if a student committed a serious crime at 17 years & 11 months they may end up in a young offenders but if that same student committed the same offence at 18 they would go into an adults prison irrespective of their being in school at the time of the offence
Friends if things have changed please let me know
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Rank: Forum user
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I know H&S law defines people by age:
- a young person is anyone under eighteen years of age (young people);
- a child is anyone who is not over compulsory school age. He or she has not yet reached the official age at which they may leave school, also referred to as the minimum school leaving age. (NB the oldest pupils of compulsory school age, those born in September for example, may be as old as 16 years and 10 months in year 11 before they leave school on the last Friday in June.)
The law on working time defines a young worker as being below 18 years of age and above the MSLA.
All that has throw me is that I have seen several documents in FE where 19 has been used as a mark of duty of care with re. to a student (re. vulnerable groups) which seemed odd as there would be outside this by H&S Law.
Has muddied the waters for me and was just seeking clarification. Any more insights welcomed.
Andrew
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Rank: Super forum user
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You have the vote when 18, Drink when your 18, and go to war when your 18, at 18 you are deemed by law an adult
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Rank: Forum user
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Yet so many more things are denied until 21. Such as:
- Being able to adopt a child
- Holding an airline transport pilot's licence for an aeroplane, helicopter and gyroplane
- Applying for a provisional licence to drive a large passenger vehicle, heavy goods vehicle, tracked vehicles or road rollers
- Supervising a learner driver (providing you have held a full licence for the same type of vehicle for at least three years)
So strictly speaking 18 is not the means and end all of become an "adult".
This aside, if there are any practitioners who have experience of this issue within the FE and HE sectors I encourage you to pitch in with your own insights and experiences to this 18/19 issue re. duty of care.
Andrew Böber CMIOSH
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Rank: Super forum user
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"And a soldier fighting on the front line cannot buy a pint of beer in many pubs if they look to be below 25"! What is the world coming to
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Rank: Forum user
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It could be due to the school leaving age changing to 18 for those pupils in year 7 now. Since some of them will be 18 years and 10 months when leaving school unless they get an apprenticeship. Therefore 19 covers these pupils until the end of A-levels.
D.
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Rank: Super forum user
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Originally Posted by: Andrew Bö Yet so many more things are denied until 21. Such as:
- Being able to adopt a child
- Holding an airline transport pilot's licence for an aeroplane, helicopter and gyroplane
- Applying for a provisional licence to drive a large passenger vehicle, heavy goods vehicle, tracked vehicles or road rollers
- Supervising a learner driver (providing you have held a full licence for the same type of vehicle for at least three years)
So strictly speaking 18 is not the means and end all of become an "adult".
This aside, if there are any practitioners who have experience of this issue within the FE and HE sectors I encourage you to pitch in with your own insights and experiences to this 18/19 issue re. duty of care.
Andrew Böber CMIOSH
Andrew
Have a look at these they give the correct ages. You are correct in adoption though
http://www.thesource.me.uk/atwhatage/
http://www.direct.gov.uk...urObligations/DG_4022547
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Rank: New forum user
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Here is a solution to your problem which I got through one of my professional friends' help when I found Law Services in the UK, I will find a Private Trust Company in the UK. that helps manage your assets (money, land, investments, or buildings). You can get legal services on this website. If you are from a high net worth family looking for a professional trustee to handle your substantial wealth and wanting the PTC to be your legal owner.
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Rank: Super forum user
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1 user thanked RVThompson for this useful post.
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Originally Posted by: bob youel "And a soldier fighting on the front line cannot buy a pint of beer in many pubs if they look to be below 25"! What is the world coming to
But they cary photo ID so not looking 25 becomes a moot point
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Rank: Super forum user
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Originally Posted by: Andrew Bober Yet so many more things are denied until 21. Such as:
- Applying for a provisional licence to drive a large passenger vehicle, heavy goods vehicle, tracked vehicles or road rollers
When did that change? I thought you could apply for a tracked H licence at any age. I know I was driving tracked vehicles in Germany on a UK licence, well before I was 21. We even had a bloke on my course who didn't even have a B licence and his first driving test was in a tracked vehicle on the roads in Germany. Mind you it was a few years ago now and I think they changed the rules so you had to have a B before you went to H
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Rank: Super forum user
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Both Bob Youel and Andrew Bober posted those comments back in February 2011.
Bob has not been on the forum since December 2016
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2 users thanked Roundtuit for this useful post.
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Both Bob Youel and Andrew Bober posted those comments back in February 2011.
Bob has not been on the forum since December 2016
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2 users thanked Roundtuit for this useful post.
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Originally Posted by: Roundtuit Both Bob Youel and Andrew Bober posted those comments back in February 2011.
Bob has not been on the forum since December 2016
Sorry, and I'd just read the post about ressurecting old posts.
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Duty of Care in Higher & Further Education - Legal Position of Students Aged 16-18
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