Education Bill

AMENDMENTS
TO BE MOVED
IN GRAND COMMITTEE

Clause 1

BARONESS HUGHES OF STRETFORD

BARONESS JONES OF WHITCHURCH

 

Page 1, line 5, at end insert—

“( ) In ensuring free of charge early years provision, the local authority has a duty to maximise take up by groups defined in regulations as disadvantaged.”

 

Page 2, line 6, at end insert—

“( ) Regulations under subsections (1) and (2) may not, following their first use, specify a reduction in the early years provision that a local authority must secure free of charge.”

 

Page 2, line 6, at end insert—

“(2A) Regulations under subsection (1) must provide for early years education to be free of charge to all children at the start of the term beginning on or following the date set out in subsection (2B).

(2B) The relevant dates for the purposes of subsection (2A) are—

(a) in the case of a child who was born in the period 1st January to 31st March, 1st April following the child’s third birthday;

(b) in the case of a child who was born in the period 1st April to 31st August, 1st September following the child’s third birthday; and

(c) in the case of a child who was born in the period 1st September to 31st December, 1st January following the child’s third birthday.”

 

Page 2, line 9, at end insert—

“( ) Arrangements secured by a local authority under this section must be done with a view to securing high standards and flexible organisation of early childhood services.”

After Clause 1

BARONESS HUGHES OF STRETFORD

BARONESS JONES OF WHITCHURCH

 

Insert the following new Clause—

“Sure Start: funding and qualifications

(1) Part 1 of the Childcare Act 2006 (functions of local authorities in England in relation to childcare) is amended as set out in subsections (2) and (3).

(2) In section 5A (Arrangements for provision of children’s services) leave out “, so far as is reasonably practicable,”.

(3) In section 5B (Children’s centres: staffing, organisation and operation), at end insert—

“(3) Regulations must specify the minimum qualifications of staff working at the children’s centre.””

Clause 2

BARONESS HUGHES OF STRETFORD

BARONESS JONES OF WHITCHURCH

 

Page 4, line 23, leave out subsection (3)

 

Page 4, line 23, at end insert—

“( ) In subsection (1)(b), at end insert “and has been trained—

(i) in the need to maintain the pupil’s dignity and right to privacy in carrying out the search, and

(ii) on additional requirements for searching pupils with special educational needs and disabilities”

 

Page 5, line 3, at end insert—

“(7B) Notwithstanding any provision of this section, the search must be carried out by a member of the senior management team, who has received appropriate training, including training relating to searching pupils with special educational needs and disabilities, only where—

(a) there is justification, and

(b) reasonable force is used.”

BARONESS WALMSLEY

 

Page 5, line 40, at end insert—

“(6H) Guidance under subsections (6C) and (6G) must include guidance on the need to respect the private life of the pupil and the pupil’s family, and on the circumstances in which it is appropriate to involve the parents of the pupil.”

BARONESS HUGHES OF STRETFORD

BARONESS JONES OF WHITCHURCH

 

Page 6, line 19, at end insert—

“(4B) The Secretary of State in respect of a school in England must give guidance which the head teacher must consider prior to the head teacher determining rules under subsection (1) about the items for which a search may be made and those for which a search will not be made”.

 

Page 6, line 19, at end insert—

“(4B) All schools must keep a written record of all instances in which a pupil is searched.

(4C) The report should include, amongst other information, details on—

(a) the SEN status of the child;

(b) the child’s ethnicity; and

(c) any disabilities the child may have.”

Clause 3

BARONESS HUGHES OF STRETFORD

BARONESS JONES OF WHITCHURCH

 

Page 6, line 30, at end insert—

“( ) In subsection (1)(b), at end insert “and has been trained—

(i) in the need to maintain the pupil’s dignity and right to privacy in carrying out the search, and

(ii) on additional requirements for searching pupils with special educational needs and disabilities”

 

Page 6, line 30, leave out subsection (3)

 

Page 7, line 11, at end insert—

“( ) Notwithstanding any provision of this section, the search must be carried out by a member of the senior management team, who has received appropriate training, including training relating to searching pupils with special educational needs and disabilities, only where—

(a) there is justification, and

(b) reasonable force is used.”

 

Page 7, line 11, at end insert—

“(7B) All further education institutions must keep a written record of all instances in which a pupil is searched.

(7C) The report should include, amongst other information, details on—

(a) the SEN status of the pupil;

(b) the child’s ethnicity; and

(c) any disabilities the child may have.”

Clause 4

BARONESS HUGHES OF STRETFORD

BARONESS JONES OF WHITCHURCH

 

Page 8, line 28, at end insert—

“( ) requiring the responsible body to consider a report about the pupil from the Special Educational Needs Coordinator when considering whether a pupil should be excluded;”

 

Page 8, line 35, at end insert—

“( ) requiring the review panel to consider a report about the pupil from the Special Educational Needs Expert before making any decisions under subsections (4) to (7).”

 

Page 8, line 37, at end insert—

“( ) direct that the pupil be reinstated,”

BARONESS WALMSLEY

 

Page 8, line 44, at end insert—

“( ) It shall be the duty of all persons and bodies exercising functions under this section to make provision to ensure that pupils subject to the exclusion process under the provisions of this section—

(a) have an opportunity to make representations in relation to their exclusion or proposed exclusion,

(b) have an opportunity to appeal against their exclusion, and

(c) receive all information that may be relevant to such representations in language capable of being readily understood by the pupil.”

BARONESS HUGHES OF STRETFORD

BARONESS JONES OF WHITCHURCH

 

Page 9, line 22, at end insert—

“( ) requiring a school to retain an excluded pupil on its roll and to fund the pupil’s education until the pupil is no longer of compulsory school age”

Clause 5

BARONESS WALMSLEY

 

Page 10, line 13, after “Wales” insert “or a pupil at a school in England whose parent has not consented to a same day detention”

After Clause 5

BARONESS HUGHES OF STRETFORD

BARONESS JONES OF WHITCHURCH

 

Insert the following new Clause—

“Notice of detention

( ) Where a school in England requires a pupil to be detained outside school hours, the school must give reasonable notice to the parent or carer of the pupil and before the detention occurs the school must have received from the parent or carer confirmation that the parent or carer is award of the detention.

( ) Where the school does not receive confirmation from the parent or carer that they are aware of the plan to detain the pupil, the detention may take place, but only after 24 hours.”

Clause 6

BARONESS HUGHES OF STRETFORD

BARONESS JONES OF WHITCHURCH

 

Page 10, line 15, leave out “Section 248” and insert “Section 248(3), (4) and (6)(c)”

Clause 9

BARONESS PERRY OF SOUTHWARK

LORD LUCAS

 

Page 16, line 41, after “regulations” insert “must provide for an appropriate body to receive a report from a person who is independent of the school and local authority, has successful teaching experience and who has observed the teacher during the induction period on more than one occasion and”

After Clause 13

BARONESS WALMSLEY

 

Insert the following new Clause—

“Restrictions on reporting alleged offences by teachers in further education institutions

In Part 8 of EA 2002 (teachers), after section 136 insert—

“Allegations of offences committed by teachers in further education institutions in England and Wales: reporting restrictions

136A Restrictions on reporting alleged offences by teachers in further education institutions: reporting restrictions

(1) This section applies where a person who is employed or engaged as a teacher at a further education institution is the subject of an allegation falling within subsection (2).

(2) An allegation falls within this subsection if—

(a) it is an allegation that the person is guilty of a relevant criminal offence, and

(b) it is made by or on behalf of a registered student aged 17 or under at the institution.

(3) No matter relating to the person is to be included in any publication if it is likely to lead members of the public to identify the person as the teacher who is the subject of the allegation.

(4) Any person may make an application to an appropriate criminal court for an order dispensing with the restrictions imposed by subsection (3).

(5) The court may make an order dispensing with the restrictions, to the extent specified in the order, if it is satisfied that it is in the interests of justice to do so, having regard to the welfare of the person who is the subject of the allegation.

(6) The power under subsection (5) of a magistrates’ court may be exercised by a single justice.

(7) In the case of a decision of a magistrates’ court to make or refuse to make an order under subsection (5), a person mentioned in subsection (8) may, in accordance with criminal procedure rules—

(a) appeal to the Crown Court against the decision, or

(b) appear to be represented at the hearing of such an appeal.

(8) The person referred to in subsection (7) is—

(a) a person who was a party to the proceedings on the application for the order;

(b) any other person with the leave of the Crown Court.

(9) On an appeal under subsection (7), the Crown Court may—

(a) make such order as is necessary to give effect to its determination of the appeal, and

(b) make such incidental or consequential orders as appear to it to be just.

(10) The restrictions in subsection (3) cease to apply once there are proceedings in a court in respect of the offence.

(11) In this section—

“appropriate criminal court” means any court in England and Wales which has any jurisdiction in, or in relation to, any criminal proceedings;

“publication” includes any speech, writing, relevant programme or other communication in whatever form, which is addressed to the public at large or any section of the public (and for this purpose, every relevant programme shall be taken to be so addressed), but does not include an indictment or other document prepared for use in particular legal proceedings;

“relevant criminal offence”, in relation to a person employed or engaged as a teacher or lecturer at a further education institution, means an offence against the law of England and Wales where the victim of the offence is a registered student at the institution;

“relevant programme” means a programme included in a programme service, within the meaning of the Broadcasting Act 1990;

“further education institution” means an institution within the further education sector (within the meaning given by section 91(3)(a) to (c) of the Further and Higher Education Act 1992).

136B Offence of breach of reporting restrictions

(1) This section applies if a publication includes any matter in breach of section 136A(3).

(2) Where the publication is a newspaper or periodical, any proprietor, any editor and any publisher of the newspaper or periodical is guilty of an offence.

(3) Where the publication is a programme included in a programme service (within the meaning of the Broadcasting Act 1990), the following are guilty of an offence—

(a) any body corporate engaged in providing the programme service in which the programme is included, and

(b) any person having functions in relation to the programme corresponding to those of an editor of a newspaper.

(4) In the case of any other publication, any person publishing it is guilty of an offence.

(5) A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 5 on the standard scale.

(6) If an offence committed by a body corporate is proved—

(a) to have been committed with the consent or connivance of, or

(b) to be attributable to any neglect on the part of,

an officer, the officer as well as the body corporate is guilty of the offence and liable to be proceeded against and punished accordingly.

(7) In subsection (6), “officer” means a director, manager, secretary or other similar officer of the body, or a person purporting to act in any such capacity.

(8) If the affairs of a body corporate are managed by its members, “director” in subsection (7) means a member of that body.

136C Defences

(1) Where a person is charged with an offence under section 136B, it is defence for the person to prove any of the matters mentioned in subsection (2).

(2) The matters are—

(a) that, at the time of the alleged offence, the person was not aware, and neither suspected nor had reason to suspect, that the publication included the matter in question;

(b) that, at the time of the alleged offence, the person was not aware, and neither suspected nor had reason to suspect, that the allegation in question had been made;

(c) that the person who is the subject of the allegation had given written consent to the inclusion of the matter in question in the publication.

(3) Written consent is not a defence if it is proved that any person interfered unreasonably with the peace or comfort of the person giving the consent, with intent to obtain it.””

After Clause 17

LORD SHIPLEY

 

Insert the following new Clause—

“Standards committees

(1) Each relevant authority will establish a standards committee.

(2) Such committees may be established jointly with other relevant authorities.

(3) The role of a standards committee will be to assess cases brought before it against the code of conduct of the relevant authority involved.

(4) The membership of a standards committee will comprise—

(a) an independent chair and four other independent members with substantial experience of quasi-judicial decision-making appointed according to the principles of—

(i) selflessness,

(ii) integrity,

(iii) objectivity,

(iv) accountability,

(v) openness,

(vi) honesty, and

(vii) leadership; and

(b) up to four other members who have been elected members of a local authority for at least four years but are not currently members of a local authority and have not been members of the relevant authority to which the committee relates.

(5) The Secretary of State shall, by regulation, establish at a national level an appeals system whose members will be former chairs of standards committees.”

Clause 39

BARONESS PERRY OF SOUTHWARK

LORD LUCAS

 

Page 35, line 17, at end insert—

“(4C) Every “exempt school” shall have assigned to it an independent visitor, who may be a senior teacher or head teacher with recent experience in schools and who will visit the school at least once each school term to ensure that standards are being maintained, where the visitor has reason to believe that standards are not being maintained, the visitor will have a duty to report to OFSTED who can then initiate an inspection.”

After Clause 66

BARONESS WALMSLEY

 

Insert the following new Clause—

“Advisory Board

(1) The Secretary of State may by order establish an advisory board to advise on matters related to—

(a) the education and training of 14 to 19 year olds;

(b) financial support available to those of sixth form age.

(2) The advisory board must include at least one of the following as members—

(a) a principal of a further education college;

(b) a principal of a sixth form college;

(c) a head of a maintained school with a sixth form;

(d) a principal of an academy with a sixth form; and

(e) a principal or head of an institution which provides education primarily to persons who are aged over 16 but under 25 and are subject to a learning difficult assessment.

(3) The advisory board must include as observers representatives from organisations which represent schools and colleges.”

Prepared 23rd June 2011