Public Bill Committee: 7 July 2015                     

8

Education and Adoption Bill, continued

Kevin Brennan

Steve McCabe

Graham Jones

41

Clause  7,  page  6,  line  6,  leave out “61 or”

Member’s explanatory statement

The amendment removes the borderline Ofsted “Inadequate” judgement schools (schools

requiring significant improvement, or notice to improve) from the scope of this new provision.

Bill Esterson

24

Clause  7,  page  6,  line  8,  at end insert—

“(A1A)    

Prior to making an Academy Order in respect of a maintained school under

subsection (A1), the Secretary of State must arrange for an independent

assessment of the impact of conversion into an Academy on vulnerable pupils,

including but not limited to—

(a)    

children with statements of special educational needs,

(b)    

children with special educational needs without statements,

(c)    

looked after children,

(d)    

children with disabilities, and

(e)    

children with low prior attainment not otherwise falling under (a) to (d).

(A1B)    

A report of any assessment conducted under subsection (A1A) shall be laid

before each House of Parliament by the Secretary of State.

(A1C)    

Where a report under subsection (A1B) indicates any risks of negative impacts on

vulnerable pupils, the Secretary of State must accompany the report with a

statement of the steps he is taking to satisfy himself that reasonable mitigating

steps will be planned and implemented to reduce such risks.”

Kevin Brennan

Steve McCabe

Graham Jones

42

Clause  7,  page  6,  line  8,  at end insert—

“(A2)    

For the avoidance of doubt, subsection (A1) does not apply to a maintained

nursery school or a Pupil Referral Unit.”

Member’s explanatory statement

The amendment is to clarify whether the new provision applies to maintained nursery schools and

Pupil Referral Units.

Kevin Brennan

Steve McCabe

Graham Jones

43

Clause  7,  page  6,  line  10,  leave out “61 or”

Member’s explanatory statement

The amendment removes the borderline Ofsted “Inadequate” judgement schools (schools

requiring significant improvement, or notice to improve) from the scope of this new provision.

Public Bill Committee: 7 July 2015                     

9

Education and Adoption Bill, continued

Kevin Brennan

Steve McCabe

Graham Jones

44

Clause  7,  page  6,  line  10,  at end insert—

“(4)    

The Education and Inspections Act 2006 is amended as follows:

(a)    

in section 63 (Power of local authority to require governing body to enter

into arrangement) in subsection (1) after “60A” insert “, 61 or 62”

(b)    

in section 64 (Power of local authority etc to appoint additional

governors) in subsection (1), after “intervention” insert “other than by

virtue of sections 61 or 62”

(c)    

in section 65 (Power of local authority to provide for governing body to

consist of interim executive members) in subsection (1), after

“intervention” insert “other than by virtue of sections 61 or 62”

(d)    

in section 67 (Power of Secretary of State to appoint additional

governors) in subsection (1), after “intervention” insert “other than by

virtue of sections 61 or 62”

(e)    

in section 68 (Power of Secretary of State to direct closure of school) in

subsection (1), after “intervention” after “60A” insert “, 61 or 62”

(f)    

in section 69 (Power of Secretary of State to provide for governing body

to consist of interim executive members) in subsection (1), after

“intervention” insert “other than by virtue of sections 61 or 62””.

Member’s explanatory statement

The amendment is to remove the inconsistency in legislation that the local authority and Secretary

of State can exercise intervention powers even though the Secretary of State is under a duty to make

an Academy Order.

Kevin Brennan

Steve McCabe

Graham Jones

45

Clause  7,  page  6,  line  10,  at end insert—

“( )    

in section 19 of the Academies Act 2010, in subsection (2), insert at start “Except

subsection (A1) of section 4” and insert after subsection (3)

( )    

Before the Secretary of State makes an order commencing section 4(A1) she will

lay before Parliament an independent report demonstrating the improvement, or

otherwise, of schools which have been academised, or not, after being eligible for

intervention by virtue of sections 61 or 62 EIA 2006.”

Member’s explanatory statement

The amendment requires the Secretary of State to demonstrate that academisation is the best

solution for schools which receive an inadequate Ofsted judgement.

Kevin Brennan

Steve McCabe

Graham Jones

47

Clause  8,  page  6,  line  15,  leave out “is converted into an Academy” and insert

“applies for an Academy order under section 4”

Member’s explanatory statement

This amendment makes clear that consultation on an application for Academy status must occur

before an application for an Academy Order is made.

Public Bill Committee: 7 July 2015                     

10

Education and Adoption Bill, continued

Kevin Brennan

Steve McCabe

Graham Jones

48

Clause  8,  page  6,  leave out lines 18 to 22

Member’s explanatory statement

A consequence of requiring consultation before an application for an Academy Order [see

amendment 47].

Kevin Brennan

Steve McCabe

Graham Jones

49

Clause  8,  page  6,  line  24,  leave out “any” and insert “a majority of”

Member’s explanatory statement

Currently, legislation does not require a majority decision of the Governing Body of a Federation

to apply for a federated school to become an Academy. This amendment rectifies this position.

Kevin Brennan

Steve McCabe

Graham Jones

50

Clause  9,  page  6,  line  29,   leave out from second “section” to end of line 31 and

insert “4 has effect”

Member’s explanatory statement

Clause 9 provides for consultation about who should sponsor an Academy in certain cases. This

amendment widens the scope of the new section 5A to include all Academy sponsors.

Kevin Brennan

Steve McCabe

Graham Jones

51

Clause  9,  page  6,  line  32,   after “into”, insert “or terminating”

Member’s explanatory statement

This amendment provides for consultation when there is a change of sponsor.

Kevin Brennan

Steve McCabe

Graham Jones

52

Clause  9,  page  6,  line  34,   at end insert—

“(za)    

parents,

(zb)    

school staff,

(zc)    

local community,

(zd)    

local authority,”

Member’s explanatory statement

This amendment widens the group of persons that must be consulted about the identity of the

academy sponsor or when there is a change of Academy sponsor.

Public Bill Committee: 7 July 2015                     

11

Education and Adoption Bill, continued

Kevin Brennan

Steve McCabe

Graham Jones

53

Clause  9,  page  7,  line  15,   at end insert—

“(2)    

After section 5A of the Academies Act (inserted by subsection (1)) insert—

“5AA  

Designation of Academy sponsors

(1)    

An Academy sponsor may make proposals to enter into Academy

arrangements under section 1 (Academy Arrangements) only if the

Academy sponsor is for the time being designated for the purpose—

(a)    

by the Secretary of State; and

(b)    

has been approved for this purpose by Her Majesty’s Chief

Inspector of Education, Children’s Services and Skills.

(2)    

This section does not apply where the Academy sponsor is proposing to

enter into an arrangement for a single school.””

Member’s explanatory statement

There is a need for public scrutiny of Academy sponsors. This amendment provides for the

Secretary of State to maintain a list of Academy sponsors and for sponsors to be approved by

Ofsted. Subsection (2) relieves sponsors of schools converting to Single Academy Trusts of the

need to be designated.

Kevin Brennan

Steve McCabe

Graham Jones

54

Clause  9,  page  7,  line  15,   at end insert—

“(3)    

In section 17 (Interpretation of Act) in the appropriate place in subsection (2)

insert—

“Academy sponsor” is a person to whom the Secretary of State has entered,

or is proposing to enter, into Academy arrangements under section 1

(Academy Arrangements), or a person who wishes to enter into Academy

Arrangements with the Secretary of State.””

Member’s explanatory statement

Although the Bill uses the term “Academy sponsor”, the Academies Act does not define an

Academy sponsor. This amendment corrects that omission.

Kevin Brennan

Steve McCabe

Graham Jones

55

Clause  10,  page  7,  line  21,   after second “school”, insert “, if relevant, the persons

listed in section 5A(2)”

Member’s explanatory statement

This amendment adds to the persons who are placed under a duty to facilitate academisation to

include those listed in the new section 5A(2) as found in Clause 9.

Public Bill Committee: 7 July 2015                     

12

Education and Adoption Bill, continued

Kevin Brennan

Steve McCabe

Graham Jones

56

Clause  10,  page  7,  line  24,   after “body”, insert “, or, if relevant, the persons listed

in section 5A(2)”

Member’s explanatory statement

A consequence of amendment 55.

Kevin Brennan

Steve McCabe

Graham Jones

57

Clause  10,  page  7,  line  28,  at end insert—

“(3)    

A reasonable step does not include a step that would result in additional

expenditure by a local authority or a school governing body.”

Member’s explanatory statement

This amendment seeks clarification about the meaning of “reasonable step”.

Kevin Brennan

Steve McCabe

Graham Jones

58

Clause  11,  page  7,  line  34,  after “direct”, insert “by order”

Member’s explanatory statement

This amendment requires direct parliamentary accountability for the use of the new power by the

Secretary of State to direct bodies to carry out unspecified actions to facilitate the conversion of a

school to an Academy.

Kevin Brennan

Steve McCabe

Graham Jones

59

Clause  11,  page  7,  line  35,  after “authority”, insert “, or, if relevant, the persons

listed in section 5A(2)”

Member’s explanatory statement

A consequence of amendment 55.

Kevin Brennan

Steve McCabe

Graham Jones

60

Clause  11,  page  7,  line  41,  at end insert—

“(4)    

The Secretary of State must provide reasonable compensation to a local authority

where a direction under subsection (1) causes additional expenditure or the loss

of capital assets.”

Member’s explanatory statement

Requires the Secretary of State to pay for the cost to local government of her directions.

Public Bill Committee: 7 July 2015                     

13

Education and Adoption Bill, continued

Kevin Brennan

Steve McCabe

Graham Jones

61

Clause  12,  page  8,  line  4,  at beginning insert “Except where an Academy

Agreement has been made under section 1(3),”

Member’s explanatory statement

This amendment is to establish the implications of this clause where an Academy Agreement has

already been made.

Kevin Brennan

Steve McCabe

Graham Jones

62

Clause  12,  page  8,  leave out lines 9 to 12

Member’s explanatory statement

Requires any Order revoking an Academy Order to be made by a statutory instrument which has

to be laid before Parliament.

Kevin Brennan

Steve McCabe

Graham Jones

63

Clause  12,  page  8,  line  12,  at end insert—

“(4)    

The Secretary of State’s power in subsection (1) does not apply where the

Secretary of State can revoke an Order under section 570 (Revocation and

variation of certain orders and directions) Education Act 1996.”

Member’s explanatory statement

A probing amendment to see if the existing mechanism for revoking orders which do not have to

be made by statutory instrument applies.

Kevin Brennan

Steve McCabe

Graham Jones

66

Clause  1,  page  1,  line  4,  at end insert—

“(a)    

in subsection (1) after (c) insert—

“( )    

an Academy”;

(b)    

”

Member’s explanatory statement

This amendment would include Academies in the definition of maintained school in Part 4 (Schools

causing concern) of the Education and Inspections Act 2006.

Public Bill Committee: 7 July 2015                     

14

Education and Adoption Bill, continued

Kevin Brennan

Steve McCabe

Graham Jones

67

Clause  1,  page  1,  line  4,  at end insert—

“(a)    

in subsection (1) after (c) insert—

“( )    

a Pupil Referral Unit”;

(b)    

”

Member’s explanatory statement

This amendment would include Pupil Referral Units in the definition of maintained school in

Part 4 (Schools causing concern) of the Education and Inspections Act 2006.

Kevin Brennan

Steve McCabe

Graham Jones

68

Clause  1,  page  1,  line  11,  after “notified”, insert “in the prescribed manner as set

out in regulations made under subsection (1A)”

Member’s explanatory statement

The Bill does not address how and in what manner a school will be informed that it is coasting, or

who should advise the Secretary of State on whether to notify a school that it is coasting. This

amendment requires the Secretary of State to set out in regulations referenced in a new subsection

(1A) how this will be done.

Kevin Brennan

Steve McCabe

Graham Jones

69

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

“(1A)    

The Secretary of State must make regulations to define the manner in which a

school governing body will be notified that he considers the school to be coasting.

(1B)    

Regulations made under subsection (1A) will require the Secretary of State to

submit the advice of Her Majesty’s Chief Inspector of Education, Children’s

Services and Skills and the Regional School Commissioner to the school

governing body.”

Kevin Brennan

Steve McCabe

Graham Jones

70

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

“(1C)    

Regulations under subsection (1A) must—

(a)    

give the governing body and the maintaining local authority fifteen

working days’ notice of the Secretary of State’s intention to notify the

school that it is eligible for intervention,

(b)    

give the governing body and the maintaining local authority five working

days to respond to the notice, and

(c)    

require the Secretary of State to consider any responses before

confirming or otherwise the notice.”

Member’s explanatory statement

This amendment aims to ensure there is a procedure of prior notification of an intention to notify

the school it is coasting, and to provide for time for the local authority and school governing body

to send responses for consideration by the Secretary of State.