Public Bill Committee: 7 July 2015                     

15

Education and Adoption Bill, continued

Kevin Brennan

Steve McCabe

Graham Jones

71

Clause  1,  page  1,  line  14,  at end insert—

“(1D)    

Regulations under subsection (1A) must—

(a)    

require the governing body to inform all parents of registered pupils of

the Secretary of State’s intention to notify the school that it is coasting,

(b)    

require the Secretary of State to convene a meeting for parents to explain

the implications of the school being notified that it is coasting.”

Member’s explanatory statement

This amendment aims to ensure parents know that the Secretary of State is intending to notify the

school that it is coasting and to provide them with an opportunity to have their questions answered

about a coasting notification.

Kevin Brennan

Steve McCabe

Graham Jones

72

Clause  1,  page  1,  line  14,  at end insert—

“(1E)    

The Secretary of State may not make an Academy Order under section 4(1)(b) of

the Academies Act 2010 in respect of a maintained school he has notified under

subsection (1) until two calendar years after the school was notified.”

Member’s explanatory statement

This amendment prevents the Secretary of State requiring that a school be academised

immediately after it has been notified that it is coasting.

Kevin Brennan

Steve McCabe

Graham Jones

73

Clause  1,  page  1,  line  15,  leave out “may” and insert “must”

Member’s explanatory statement

This amendment would require the Secretary of State to make the regulations which define a

coasting school.

Kevin Brennan

Steve McCabe

Graham Jones

74

Clause  1,  page  1,  line  16,  at end insert—

“(2B)    

The Secretary of State may use the power to make regulations under subsection

(2) only once in any 12-month period.”

Member’s explanatory statement

This amendment would provide that the Secretary of State may only use the power to make

regulations under subsection (2) once in any 12-month period.

Public Bill Committee: 7 July 2015                     

16

Education and Adoption Bill, continued

Kevin Brennan

Steve McCabe

Graham Jones

75

Clause  1,  page  1,  line  16,  at end insert—

“(2C)    

The Secretary of State in making regulations under subsection (2) must use

comparable definitions of coasting schools which are in use outside the United

Kingdom.”

Member’s explanatory statement

This amendment would require the Secretary of State in framing regulations which define coasting

schools to use international experience of defining coasting schools.

Kevin Brennan

Steve McCabe

Graham Jones

76

Clause  1,  page  1,  line  16,  at end insert—

“(2D)    

Regulations under subsection (2) must specify, if used in the definition of

“coasting”—

(a)    

the minimum pupil roll of a school,

(b)    

a school’s admission arrangements,

(c)    

the age range of pupils in attendance at the school,

(d)    

the handling of data about pupils with special educational needs or a

disability,

(e)    

information about the socio-economic characteristics of the area where

the school is situated,

(f)    

the role of professional advice which the Secretary of State must

consider.”

Member’s explanatory statement

This amendment would require specific factors to be included in the regulations which define a

coasting school.

Kevin Brennan

Steve McCabe

Graham Jones

77

Clause  1,  page  1,  line  16,  at end insert—

“(2E)    

A maintained school under this section does not include—

(a)    

a maintained nursery school,

(b)    

a community or foundation special school, or

(c)    

a 16-19 school.”

Member’s explanatory statement

This amendment would exclude certain maintained schools from these provisions.

Kevin Brennan

Steve McCabe

Graham Jones

78

Clause  1,  page  1,  line  16,  at end insert—

“(3A)    

In section 73 (Interpretation of Part 4), at the appropriate place insert—

“Regional Schools Commissioner is an official appointed by the

Secretary of State, or in an area of a combined authority, and if so

Public Bill Committee: 7 July 2015                     

17

Education and Adoption Bill, continued

requested by the mayor, the mayor elected under arrangements made

under Section 107A (Power to provide for election of mayor) Cities and

Local Government Devolution Act 2016.””

Member’s explanatory statement

Legislation does not define the Regional Schools Commissioner. This definition provides such a

definition and for the devolution of responsibility for the function to combined authorities with

elected mayors.

Kevin Brennan

Steve McCabe

Graham Jones

79

Clause  1,  page  1,  line  16,  at end insert—

“(3B)    

In section 182 (Parliamentary control of orders and regulations) in subsection (3)

before (a) insert—

“( )    

regulations made under subsection (1) of section 60B (Coasting

schools).””

Member’s explanatory statement

This amendment would require regulations about notifying schools that they are coasting to be

subject to an affirmative resolution of both Houses of Parliament.

Kevin Brennan

Steve McCabe

Graham Jones

80

Clause  1,  page  1,  line  16,  at end insert—

“(3C)    

In section 182 (Parliamentary control of orders and regulations) after subsection

(3) insert—

“( )    

A statutory instrument which contains regulations under subsection (2)

of section 60B (Coasting schools) may not be made unless—

(a)    

the Chairman of the UK Statistics Authority certifies that

Official Statistics used to determine whether a school is coasting

are used in a statistically correct manner, and

(b)    

a draft of the instrument and the certificate have been laid before

each House of Parliament, and the draft instrument approved by

a resolution of each House of Parliament.””

Member’s explanatory statement

This amendment aims to ensure that any Official Statistics used in the definition of a coasting

school are used in a statistically correct manner and provides that a report is to be submitted to

Parliament confirming that this is the case, and requires a draft of the regulations defining

coasting schools to be approved by each House of Parliament.

Kevin Brennan

Steve McCabe

Graham Jones

64

Clause  15,  page  9,  leave out lines 17 and 18

Member’s explanatory statement

This amendment removes the power to amend primary legislation without recourse to a new Act

of Parliament.

Public Bill Committee: 7 July 2015                     

18

Education and Adoption Bill, continued

Kevin Brennan

Steve McCabe

Graham Jones

65

Clause  15,  page  9,  leave out lines 20 and 26

Member’s explanatory statement

This amendment is a consequence of the amendment on page 9, line 17 [amendment 18].

NEW CLAUSES

Steve McCabe

Kevin Brennan

Graham Jones

Bill Esterson

NC1

To move the following Clause—

“3ZB England – reports to be commissioned and guidance to be reviewed by

the Secretary of State

(1)    

Before giving a direction under section 3ZA(1) the Secretary of State shall

commission and publish a report on the fitness of the authorities and agencies that

he proposes should carry out the functions on the matters set out at subsection (2).

(2)    

Matters that are to be the subject of the report at subsection (1)—

(a)    

the nature and adequacy of the support the authorities and agencies  will

provide for those leaving care for adoption up to age 25, for their  

education and for their adult employment;

(b)    

the arrangements for carrying out mental health assessments for  those

children leaving care for adoption and the support services for  adopted

children with mental health needs; and

(c)    

the extent to which he is satisfied that the authorities and agencies  have

adequate resources and skills to implement and follow the  statutory

guidance for the identification and matching of children  with potential

adopters.”

Member’s explanatory statement

This new clause would require the Secretary of State to review the fitness of the services to be

provided under the new arrangements before a direction is given, in particular the adequacy of the

support to be provided for children leaving care for adoption, their education, their employment

and, where needs are identified, their mental health.

Public Bill Committee: 7 July 2015                     

19

Education and Adoption Bill, continued

Kevin Brennan

Steve McCabe

Graham Jones

NC2

To move the following Clause—

“Duty to inspect Academy sponsors at prescribed intervals

(1)    

After section 5 of the Academies Act 2010, insert—

“Duty to inspect Academy sponsors at prescribed intervals

(1)    

It is the duty of Her Majesty’s Chief Inspector of Education, Children’s

Services and Skills—

(a)    

to inspect under this section every Academy sponsor in England

to which this section applies, at such intervals as may be

prescribed,

(b)    

to publish a report of the inspection,

(c)    

report on how far the education provided by the Academy

sponsor—

(i)    

promotes high standards,

(ii)    

ensures fair access to opportunity for education and

training, and

(iii)    

promotes the fulfilment of learning potential by every

person in attendance at an Academy sponsored by the

Academy sponsor,

(iv)    

meets the needs of disabled pupils and pupils who have

special educational needs.

(2)    

The duty in subsection (1) does not apply where an Academy sponsor

sponsors a single school.””

Member’s explanatory statement

Currently the law does not provide specifically for the Ofsted inspection on academy sponsors,

sometimes referred to as Academy Chains, or Multi Academy trusts. This new clause corrects that

omission.

Louise Haigh

NC3

To move the following Clause—

“Consultation about identity of Academy sponsor in all cases

After section 5 of the Academies Act 2010 insert—

“5B    

Consultation about identity of Academy sponsor in all cases

(1)    

This section applies where an Academy order under section 4(A1) has

effect in respect of any maintained school.

(2)    

Before entering into Academy arrangements in relation to the school the

Secretary of State must consult the following about the identity of the

person with whom the arrangements are to be entered into—

(a)    

the school’s governing body,

Public Bill Committee: 7 July 2015                     

20

Education and Adoption Bill, continued

(b)    

the local authority,

(c)    

the Chief Inspector of Education, Children’s Services and

Schools,

(d)    

parents of registered pupils at the school,

(e)    

the teaching and other staff of the school,

(f)    

registered pupils at the school, and

(g)    

any other such persons as he thinks appropriate.””

Louise Haigh

NC4

To move the following Clause—

“Inspection of Academy sponsors in certain cases

After section 4 of the Academies Act 2010 insert—

“4B    

Inspection of Academy sponsors in certain cases

(1)    

The Chief Inspector of Education, Children’s Services and Skills may

inspect the overall performance of any Academy proprietor in

performing their functions under an Academy agreement, and any

ancillary functions.

(2)    

When requested to do so by the Secretary of State, the Chief Inspector

must conduct an inspection under this section in relation to the person

specified in the request.

(3)    

Such a request may specify particular matters which the Chief Inspector

must inspect.

(4)    

Ancillary functions shall include any function that may be carried on by

a local education authority.

(5)    

Before entering into Academy arrangements in relation to a school to

which an Academy order under section 4(A1) has had effect with an

Academy proprietor with whom the Secretary of State has existing

Academy arrangements in relation to one or more other schools, he must

receive a report from the Chief Inspector on the overall performance of

the proprietor in performing their functions.””

Order of the House [22 JUNE 2015]

That the following provisions shall apply to the Education and Adoption Bill:

Committal

1.    

The Bill shall be committed to a Public Bill Committee.

Proceedings in Public Bill Committee

2.    

Proceedings in the Public Bill Committee shall (so far as not previously

concluded) be brought to a conclusion on Tuesday 14 July 2015.

Public Bill Committee: 7 July 2015                     

21

Education and Adoption Bill, continued

3.    

The Public Bill Committee shall have leave to sit twice on the first day on

which it meets.

Consideration and Third Reading

4.    

Proceedings on Consideration shall (so far as not previously concluded) be

brought to a conclusion one hour before the moment of interruption on the

day on which those proceedings are commenced.

5.    

Proceedings on Third Reading shall (so far as not previously concluded) be

brought to a conclusion at the moment of interruption on that day.

6.    

Standing Order No. 83B (Programming committees) shall not apply to

proceedings on Consideration and Third Reading.

Other proceedings

7.    

Any other proceedings on the Bill (including any proceedings on

consideration of Lords Amendments or on any further messages from the

Lords) may be programmed.

Order of the Committee [30 June 2015]

That—

(1)  

the Committee shall (in addition to its first meeting at 8.55 am on Tuesday 30

June meet—

(a)  

at 2.00 pm on Tuesday 30 June;

(b)  

at 11.30 am and 2.00 pm on Thursday 2 July;

(c)  

at 9.25 am and 2.00 pm on Tuesday 7 July;

(d)  

at 11.30 am and 2.00 pm on Thursday 9 July;

(e)  

at 9.25 am and 2.00 pm on Tuesday 14 July;

(2)  

the Committee shall hear oral evidence in accordance with the following

Table:

TABLE