1

House of Commons

Tuesday 7 July 2015

Public Bill Committee

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

Note

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includes any withdrawn amendments at the end.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].

Kevin Brennan

Steve McCabe

Graham Jones

14

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.

Kevin Brennan

Steve McCabe

Graham Jones

15

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

compliance period””

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.

Public Bill Committee: 7 July 2015                     

2

Education and Adoption Bill, continued

Kevin Brennan

Steve McCabe

Graham Jones

16

Clause  2,  page  2,  line  28,  after “warning notice” insert “, except a warning notice

give under s.60A,”

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.

Kevin Brennan

Steve McCabe

Graham Jones

18

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

in quick succession.

Kevin Brennan

Steve McCabe

Graham Jones

17

Clause  2,  page  2,  line  31,  after “warning notice” insert “, except a warning notice

give under s.60A,”

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.

Kevin Brennan

Steve McCabe

Graham Jones

19

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  

Order.”

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.

Kevin Brennan

Steve McCabe

Graham Jones

20

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.

Public Bill Committee: 7 July 2015                     

3

Education and Adoption Bill, continued

Kevin Brennan

Steve McCabe

Graham Jones

21

Clause  2,  page  3,  leave out line 10

Member’s explanatory statement

This amendment restores the definition of “working day” to section 60.

Kevin Brennan

Steve McCabe

Graham Jones

22

Clause  2,  page  3,  line  10,  at end insert—

“(7A)    

In section 62 of the School Standards and Framework Act 1998, for subsection

(2) substitute—

“(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;

or

(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

them, or

(iii)    

the standards attained by pupils at comparable schools,

(c)    

the governing body have been informed in writing of the

authority’s opinion.””

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.

Public Bill Committee: 7 July 2015                     

4

Education and Adoption Bill, continued

Kevin Brennan

Steve McCabe

Graham Jones

23

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.

Kevin Brennan

Steve McCabe

Graham Jones

28

Clause  4,  page  4,  line  7,  leave out “section 60A” and insert “sections 60A, 61 and

62”

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.

Kevin Brennan

Steve McCabe

Graham Jones

29

Clause  4,  page  4,  line  22,  leave out “creating or joining” and insert “creating,

joining or leaving”

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.

Kevin Brennan

Steve McCabe

Graham Jones

30

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

1, Academies Act 2010.”

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

of an Academy Trust.

Public Bill Committee: 7 July 2015                     

5

Education and Adoption Bill, continued

Kevin Brennan

Steve McCabe

Graham Jones

31

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.

Kevin Brennan

Steve McCabe

Graham Jones

32

Clause  4,  page  4,  line  26,  at end insert—

“( )    

the parent council established under section 23A (Parent councils) of the

Education Act 2002,”

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.

Louise Haigh

27

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.

Kevin Brennan

Steve McCabe

Graham Jones

33

Clause  4,  page  4,  line  39,  at end insert—

“(5)    

Any expenditure incurred by the local authority under this section shall be met by

the Secretary of State.”

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.

Public Bill Committee: 7 July 2015                     

6

Education and Adoption Bill, continued

Kevin Brennan

Steve McCabe

Graham Jones

34

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.

Kevin Brennan

Steve McCabe

Graham Jones

35

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

Secretary of State”

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.

Kevin Brennan

Steve McCabe

Graham Jones

36

Clause  5,  page  5,  line  4,  at end insert—

“(5B)    

(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

and developed, and

(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

to the school.

(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.

Public Bill Committee: 7 July 2015                     

7

Education and Adoption Bill, continued

Kevin Brennan

Steve McCabe

Graham Jones

37

Clause  6,  page  5,  line  25,  at end insert—

“( )    

Subsection (2) has no effect if the local authority is exercising a power under

sections 63, 64 or 66.”

Member’s explanatory statement

The amendment is to avoid the confusion to a school if the local authority is exercising a power of

intervention.

Kevin Brennan

Steve McCabe

Graham Jones

38

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.

Kevin Brennan

Steve McCabe

Graham Jones

39

Clause  7,  page  6,  line  5,  at beginning insert—

“If the Her Majesty’s Chief Inspector of Education, Children’s Services

and Skills advises”.

Member’s explanatory statement

The amendment requires the Secretary of State to take advice before using new provision.

Kevin Brennan

Steve McCabe

Graham Jones

40

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.

Kevin Brennan

Steve McCabe

Graham Jones

46

Clause  7,  page  6,  line  6,  after “intervention”, insert “for the first time after 1

January 2016”

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.