|
|
| |
| |
|
| |
| |
| New Amendments handed in are marked thus  |
|
| Amendments which will comply with the required notice period at their next appearance
|
|
| Amendments tabled since the last publication: 47 to 80 and NC2 to NC4 |
|
| Education and Adoption Bill
|
|
| |
| | This document includes all amendments remaining before the Committee and |
|
| | includes any withdrawn amendments at the end. The amendments have been |
|
| | arranged in accordance with the Order of the Committee [30 June 2015].
|
|
| | |
| |
| |
| |
| |
| | |
| Clause 2, page 2, line 9, after “period of compliance” insert “, which shall not be |
|
| less than 15 working days,” |
|
| | Member’s explanatory statement
|
|
| | This amendment sets a minimum period—15 working days—within which the governing body must |
|
| | respond to a warning notice before the schools becomes eligible for intervention. |
|
| |
| |
| |
| | |
| Clause 2, page 2, line 19, at end insert— |
|
| | “(ba) | in subsection (4) for paragraph (b) substitute— |
|
| | “(b) | the reasonable action which they require the governing |
|
| | body to take in order to remedy those matters within the |
|
| | |
| | Member’s explanatory statement
|
|
| | This amendment ensures that any actions which the governing body is required to take can |
|
| | reasonably be undertaken within the compliance period. |
|
|
|
| |
| |
|
| |
| |
| |
| | |
| Clause 2, page 2, line 28, after “warning notice” insert “, except a warning notice |
|
| |
| | Member’s explanatory statement
|
|
| | This amendment clarifies that a local authority may give a warning notice under section 60A |
|
| | (teachers’ pay and conditions warming notice), to be inserted by this Bill, even though the |
|
| | Secretary of State has given one. |
|
| |
| |
| |
| | |
| Clause 2, page 2, leave out lines 30 to 34 and insert— |
|
| | “(4B) | If the local authority informs the Secretary of State that the local authority has |
|
| | given a warning notice to the governing body of a maintained school, then the |
|
| | Secretary of State may not give a warning notice to the governing body.” |
|
| | Member’s explanatory statement
|
|
| | This amendment would ensure that a governing body could not have two different warning notices |
|
| | |
| |
| |
| |
| | |
| Clause 2, page 2, line 31, after “warning notice” insert “, except a warning notice |
|
| |
| | Member’s explanatory statement
|
|
| | This amendment would enable a local authority warning notice under section 60A to remain in |
|
| | force even though the Secretary of State has given one. |
|
| |
| |
| |
| | |
| Clause 2, page 2, line 46, at end insert— |
|
| | “(2A) | Any power exercised under this section by the Secretary of State must be done by |
|
| | |
| | Member’s explanatory statement
|
|
| | Clause 2 removes the mechanism for governing body appeal to Ofsted. This amendment requires |
|
| | the Secretary of State to exercise any power under the amended section 60A by Order contained |
|
| | in a statutory instrument under section 181(1) of the Education and Inspections Act 2006. |
|
| |
| |
| |
| | |
| Clause 2, page 3, leave out lines 8 and 9 |
|
| | Member’s explanatory statement
|
|
| | This amendment restores section 69A of the Education and Inspections Act 2006 which allows the |
|
| | Secretary of State to require a local authority to issue a warning notice. |
|
|
|
| |
| |
|
| |
| |
| |
| | |
| Clause 2, page 3, leave out line 10 |
|
| | Member’s explanatory statement
|
|
| | This amendment restores the definition of “working day” to section 60. |
|
| |
| |
| |
| | |
| Clause 2, page 3, line 10, at end insert— |
|
| | “(7A) | In section 62 of the School Standards and Framework Act 1998, for subsection |
|
| | |
| | “(2) | The circumstances are that— |
|
| | (a) | in the opinion of the authority— |
|
| | (i) | the standards of performance or progress of pupils at the |
|
| | school are unacceptably low, and are likely to remain so; |
|
| | |
| | (ii) | there has been a serious breakdown in the way the school |
|
| | is managed or governed which is prejudicing, or likely |
|
| | to prejudice, such standards of performance; or |
|
| | (iii) | the safety of pupils or staff of the school is threatened |
|
| | (whether by a breakdown of discipline or otherwise). |
|
| | (b) | for the purpose of subsection (2)(a)(i), the standards of |
|
| | performance or progress of pupils at a school are low if they are |
|
| | low by reference to any one or more of the following— |
|
| | (i) | the standards that the pupils might in all the |
|
| | circumstances reasonably be expected to attain, |
|
| | (ii) | where relevant, the standards previously attained by |
|
| | |
| | (iii) | the standards attained by pupils at comparable schools, |
|
| | (c) | the governing body have been informed in writing of the |
|
| | |
| | Member’s explanatory statement
|
|
| | Section 62 under the School Standards and Framework Act gives a local authority power to take |
|
| | immediate action against a maintained school when there was a serious risk to pupils at the school. |
|
| | This amendment is aimed at probing the likely use of section 62 powers in the light of Clause 2. |
|
| |
|
|
| |
| |
|
| |
| |
| |
| | |
| Clause 3, page 3, leave out lines 33 and 34 |
|
| | Member’s explanatory statement
|
|
| | This amendment removes the requirement that the Secretary of State be informed about a local |
|
| | authority use of a section 60A warning notice. |
|
| |
| |
| |
| |
| | |
| Clause 4, page 4, line 7, leave out “section 60A” and insert “sections 60A, 61 and |
|
| |
| | Member’s explanatory statement
|
|
| | This amendment and those to clause 7 are to find out what happens to the existing provisions in |
|
| | Part 4 of the Education and Inspections Act 2006 should the Government’s proposed amendment |
|
| | to section 4 of the Academies Act 2010 found in clause 7 come into effect. |
|
| |
| |
| |
| | |
| Clause 4, page 4, line 22, leave out “creating or joining” and insert “creating, |
|
| |
| | Member’s explanatory statement
|
|
| | The amendment leaves open the possibility of leaving a federation and joining another as an option |
|
| | for a school eligible for intervention. |
|
| |
| |
| |
| | |
| Clause 4, page 4, line 23, at end insert— |
|
| | “( ) | to take specified steps to make the governing body a member of a person with |
|
| | whom the Secretary of State has made an Academy Arrangements under section |
|
| | |
| | Member’s explanatory statement
|
|
| | Although it is possible within the law for a maintained school governing body, as a corporate body, |
|
| | to be a member of an Academy Trust, the Government is understood not to support this course, |
|
| | leaving academisation as the only “hard” way a school can be involved in an Academy Trust. The |
|
| | amendment gives the Secretary of State the option of requiring a maintained school to be a member |
|
| | |
|
|
| |
| |
|
| |
| |
| |
| | |
| Clause 4, page 4, line 26, at end insert— |
|
| | “( ) | the local authority,” |
|
| | Member’s explanatory statement
|
|
| | The amendment requires the Secretary of State to consult with the local authority prior to giving |
|
| | the governing body a notice under new section 66A. |
|
| |
| |
| |
| | |
| Clause 4, page 4, line 26, at end insert— |
|
| | “( ) | the parent council established under section 23A (Parent councils) of the |
|
| | |
| | Member’s explanatory statement
|
|
| | The amendment requires the Secretary of State to consult with the Parent Council prior to giving |
|
| | the governing body a notice under new section 66A. |
|
| |
| | |
| Clause 4, page 4, line 32, at end insert— |
|
| | “(2A) | Before exercising the power conferred by Subsection (1), the Secretary of State |
|
| | must consider the long-term impact of requiring the governing body to enter into |
|
| | the proposed arrangements on the pay, terms and conditions of employees of the |
|
| | school, and satisfy himself that likely changes will not reduce the ability of the |
|
| | governing body to employ effective staff.” |
|
| | Member’s explanatory statement
|
|
| | This amendment would require the Secretary of State to consider the long-term impact of |
|
| | academisation on the pay and conditions of teachers and other employees of the school. |
|
| |
| |
| |
| | |
| Clause 4, page 4, line 39, at end insert— |
|
| | “(5) | Any expenditure incurred by the local authority under this section shall be met by |
|
| | |
| | Member’s explanatory statement
|
|
| | The clause leaves open how expenditure incurred by the local authority directly or indirectly (as |
|
| | the body which maintains a maintained school) by a Secretary of State notice. This amendment |
|
| | requires the Secretary of State to pay. |
|
| |
|
|
| |
| |
|
| |
| |
| |
| | |
| Clause 5, page 4, line 44, after “may” insert “by order” |
|
| | Member’s explanatory statement
|
|
| | The amendment requires Parliamentary accountability and visibility in the direction making |
|
| | power of the Secretary of State. |
|
| |
| |
| |
| | |
| Clause 5, page 5, line 2, at end insert “and any term which requires the local |
|
| authority to expend additional resources than it had budgeted for will be met by the |
|
| |
| | Member’s explanatory statement
|
|
| | The clause leaves open the possibility that the Secretary of State could pay unreasonable amounts |
|
| | of money to Interim executive Board members she appoints. This amendment requires the |
|
| | Secretary of State to pay. |
|
| |
| |
| |
| | |
| Clause 5, page 5, line 4, at end insert— |
|
| | |
| | (a) | Where a school has been designated by order under section 69(4) of the |
|
| | School Standards and Framework Act 1998, the interim executive board |
|
| | shall be under a duty to secure that— |
|
| | (i) | the religion or religious denomination of the school is preserved |
|
| | |
| | (ii) | the school is conducted in accordance with the school’s |
|
| | instrument of government (except in relation to the composition |
|
| | of the governing body) and the foundation’s governing |
|
| | documents, including, where appropriate, any trust deed relating |
|
| | |
| | (b) | In exercising any powers under this schedule, the Secretary of State shall |
|
| | comply with any agreement between the local authority and the |
|
| | appropriate diocesan authority, if any, and person or persons by whom |
|
| | the foundation governors are appointed, in relation to the membership |
|
| | and operation of the interim executive board.” |
|
| | Member’s explanatory statement
|
|
| | The amendment is to preserve the religious character of religious schools when the Secretary of |
|
| | State takes responsibility for an Interim Executive Board. |
|
| |
|
|
| |
| |
|
| |
| |
| |
| | |
| Clause 6, page 5, line 25, at end insert— |
|
| | “( ) | Subsection (2) has no effect if the local authority is exercising a power under |
|
| | |
| | Member’s explanatory statement
|
|
| | The amendment is to avoid the confusion to a school if the local authority is exercising a power of |
|
| | |
| |
| |
| |
| | |
| Clause 6, page 5, line 39, at end insert— |
|
| | “(3) | A notice by the Secretary of State under this section cannot take effect until 21 |
|
| | days after it has been given.” |
|
| | Member’s explanatory statement
|
|
| | The amendment is to provide for an orderly transition from a local authority established IEB to a |
|
| | Secretary of State directed IEB. |
|
| |
| |
| |
| |
| | |
| Clause 7, page 6, line 5, at beginning insert— |
|
| | | “If the Her Majesty’s Chief Inspector of Education, Children’s Services |
|
| | |
| | Member’s explanatory statement
|
|
| | The amendment requires the Secretary of State to take advice before using new provision. |
|
| |
| |
| |
| | |
| Clause 7, page 6, line 5, leave out “must” and insert “may” |
|
| | Member’s explanatory statement
|
|
| | There may be a good reason why the school should not be academised, and this amendment allows |
|
| | for mature reflection of the need for academisation. |
|
| |
| |
| |
| | |
|
| Clause 7, page 6, line 6, after “intervention”, insert “for the first time after 1 |
|
| |
| | Member’s explanatory statement
|
|
| | The Bill does not make clear when the Government will implement this new power. This |
|
| | amendment would provide that the power could not be used retrospectively. |
|
|