Session 2015-16
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Other Bills before Parliament


 
 

Public Bill Committee: 9 July 2015                     

8

 

Education and Adoption Bill, continued

 
 

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.

 


 

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.


 
 

Public Bill Committee: 9 July 2015                     

9

 

Education and Adoption Bill, continued

 
 

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.

 

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.


 
 

Public Bill Committee: 9 July 2015                     

10

 

Education and Adoption Bill, continued

 
 

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.

 

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.


 
 

Public Bill Committee: 9 July 2015                     

11

 

Education and Adoption Bill, continued

 
 

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.

 

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,


 
 

Public Bill Committee: 9 July 2015                     

12

 

Education and Adoption Bill, continued

 
 

(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

 

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.


 
 

Public Bill Committee: 9 July 2015                     

13

 

Education and Adoption Bill, continued

 
 

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.

 

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].

 



 
 

Public Bill Committee: 9 July 2015                     

14

 

Education and Adoption Bill, continued

 
 

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.

 


 

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—


 
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