Provider Access Legislation
Provider Access Legislation (PAL) - The Baker Clause
Provider Access Legislation, commonly known as the Baker Clause, is a legal requirement for all secondary schools in England to give providers of technical education and apprenticeships the opportunity to talk to pupils about their options. Introduced under the Technical and Further Education Act 2017 and strengthened by the Skills and Post-16 Education Act 2022, it requires six encounters per pupil across Years 8 to 13 - and every one of the six is with a technical or apprenticeship provider, not two of them.
Key facts
- Six encounters per pupil: two in Years 8-9, two in Years 10-11, two in Years 12-13
- All six are with providers of technical education and apprenticeships
- Each encounter must fall between 1 September and 28 February in one of the phase's two year groups, so a phase is two windows with a gap between them
- Two encounters with the same provider do not satisfy a phase - the duty is about a genuine choice of routes
- The Years 8-9 and 10-11 encounters are mandatory for pupils to attend; in Years 12-13 the school must organise them but attending is the young person's choice
- Schools must publish their Provider Access Policy on their website
- Provider Access directly supports Gatsby Benchmark 7 (Encounters with FE and HE)
- Ofsted can inspect Provider Access compliance - non-compliance is taken seriously
Frequently asked questions
What is the Baker Clause (Provider Access Legislation)?
The Baker Clause, formally the Provider Access Legislation (PAL), requires all secondary schools in England to give providers of technical education and apprenticeships the opportunity to speak to pupils about their options. Schools must arrange six encounters per pupil - two in Years 8-9, two in Years 10-11 and two in Years 12-13 - and each has to fall between 1 September and 28 February within one of the phase's two year groups. Two encounters with the same provider only count as one, because the point of the duty is a genuine choice of routes.
How does Provider Access Legislation relate to the Gatsby Benchmarks?
Provider Access Legislation directly supports Gatsby Benchmark 7 (Encounters with Further and Higher Education). Ensuring students have the required encounters with FE colleges, universities, and apprenticeship providers contributes evidence for Benchmark 7 compliance. Schools should log all provider encounters in their careers management system to maintain an auditable record for Ofsted.
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