Education and Adoption Bill

Amendments
to be moved
in committee

Clause 1

LORD WATSON OF INVERGOWRIE

BARONESS MASSEY OF DARWEN

 

Page 1, line 6, leave out “coasting schools” and insert “schools in which pupils do
not fulfil their potential”

 

Page 1, leave out lines 8 to 16 and insert—

“60B           Schools in which pupils do not fulfil their potential

(1)     A school in which pupils do not fulfil their potential means a
school—

(a)   where the performance of pupils in aggregate on leaving is
not as high as might be expected from their performance on
entry to the school, and

(b)   which does not provide a broad and balanced curriculum.

(2)     A maintained school or an Academy school is by virtue of this
section eligible for intervention if the governing body or proprietor
of the school—

(a)   has been notified that Her Majesty’s Chief Inspector of
Education, Children’s Services and Skills, in consultation
with the local authority, considers the school to be one
where pupils in aggregate do not fulfil their potential, and

(b)   has not subsequently been notified that the Chief Inspector
no longer considers the school to be one where pupils do not
fulfil their potential.

(3)     In determining whether a school should be notified, the Chief
Inspector shall consider—

(a)   the availability of qualified teachers in the area of the local
authority,

(b)   the number of pupils on roll and the reliability of drawing
conclusions about aggregated pupil performance when the
number of pupils is small,

(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
pupils on roll and the area in which the school is situated,
and

(f)   the gender balance in the school,

in consultation with the local authority and, in the case of an
Academy school, the person with whom the Secretary of State has
made Academy Arrangements.

(4)     If an Academy school is found to be eligible for intervention under
this section, the school is to be treated as a maintained school for the
purposes of sections 63 to 69, and the proprietor of the Academy is
to be treated as the governing body of the school.

(5)     An intervention under sections 63 to 69 shall take precedence over
any provision of the Academy arrangements made between the
Secretary of State and the proprietor.

(6)     The Secretary of State must not make an Academy order under
section 4 (Academy orders) of the Academies Act 2010 for a
maintained school which has been notified that it is a school where
pupils do not fulfil their potential as defined under this section.”

Clause 8

LORD STOREY

 

Page 6, line 16, leave out from “consult” to end of line 17 and insert—

“(a)   parents and guardians of registered children,

(b)   teaching and support staff of the school,

(c)   the local authority,

(d)   the governing body of the school, and

(e)   any other such persons as they deem to be appropriate.”

LORD WATSON OF INVERGOWRIE

BARONESS MASSEY OF DARWEN

 

Page 6, leave out lines 18 and 19 and insert—

“(2)     If an Academy order under section 4(A1) or (1)(b) has effect in
respect of the school, the Secretary of State must convene a meeting
of parents of registered pupils to explain the implications of the
school being subject to such an order and take account of the views
of parents in respect of the future governance of the school.”

 

Page 6, line 19, leave out “4(A1) or (1)(b)” and insert “4(1)(b)”

After Clause 8

LORD WATSON OF INVERGOWRIE

BARONESS MASSEY OF DARWEN

 

Insert the following new Clause—

“Schools causing concern: involvement of parents

(1)     The Education and Inspections Act 2006 is amended as follows.

(2)     After section 59 insert—

“59A           Duties of Secretary of State, local authorities, and proprietors to
parents when a school is eligible for intervention

When a school is eligible for intervention, the Secretary of State, the
local authority, school governing body and proprietor must
exercise their functions with a view to involving parents of
registered pupils in decisions relating to the school under this Part
and the Academies Act 2010.”

(3)     In section 59 (meaning of “maintained school” and “eligible for
intervention”)—

(a)   in subsection (1) after (c) insert—

“(d)   an Academy school”

(b)   after subsection (2) insert—

“(3)     In this Part, references to the governing body of an
Academy school are to be read as references to the
proprietor of an Academy school.

(4)     If an Academy school is found to be eligible for intervention
under this Part, the school is to be treated as a maintained
school for the purposes of sections 63 to 69, and the
proprietor of the Academy is to be treated as the governing
body of the school.

(5)     An intervention under sections 63 to 69 shall take
precedence over any provision of the Academy
arrangements made between the Secretary of State and the
proprietor.”

(4)     In section 60 (performance standards and safety warning notice) in
subsection (6) at end insert—

“(e)   the parents of registered pupils”

(5)     In section 60A (teachers’ pay and conditions warning notice) in subsection
(6) at end insert—

“(d)   the parents of registered pupils””

Clause 9

LORD STOREY

 

Page 6, line 39, at end insert—

“(d)   parents of children registered at the school, and

(e)   the teaching and support staff at the school.”

LORD WATSON OF INVERGOWRIE

BARONESS MASSEY OF DARWEN

 

Page 7, line 15, at end insert—

“5B Consultation with the school community about identity of
Academy sponsor

(1)     This section applies where an Academy order under section 4(A1)
or (1)(b) has effect in respect of a 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,

(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, and

(f)   any other such persons as he thinks appropriate.

(3)     As part of the consultation, the Secretary of State must publish all
correspondence held by him relating to his choice of the proposed
Academy sponsor.”

 


The above-named Lords give notice of their intention to oppose the Question that Clause 9
stand part of the Bill.

Clause 10

LORD WATSON OF INVERGOWRIE

BARONESS MASSEY OF DARWEN

 

Page 7, line 20, leave out “4(A1) or (1)(b)” and insert “4(1)(b)”

Clause 11

LORD WATSON OF INVERGOWRIE

BARONESS MASSEY OF DARWEN

 

Page 7, line 33, leave out “4(A1) or (1)(b)” and insert “4(1)(b)”

Clause 12

LORD WATSON OF INVERGOWRIE

BARONESS MASSEY OF DARWEN

 

Page 8, line 3, leave out “4(A1) or (1)(b)” and insert “4(1)(b)”

 

Page 8, line 5, leave out “4(A1) or (1)(b)” and insert “4(1)(b)”

After Clause 12

LORD STOREY

 

Insert the following new Clause—

“Inspection of Academies

Before section 9 of the Academies Act 2010 insert—

“8A Inspection of Academies

Before a coasting school is converted into an Academy by virtue of
this Act, and of section 61 or 62 of EIA 2006 (schools requiring
significant improvement or schools requiring special measures),
the Chief Inspector of Education, Children’s Services and Skills
must inspect and report on the person with whom it is anticipated
the Secretary of State will enter into an Academy arrangement.””

Clause 13

LORD WATSON OF INVERGOWRIE

BARONESS MASSEY OF DARWEN

 

Page 8, line 35, at end insert—

“(3A)    The Secretary of State shall lay an annual report before Parliament
on the use of the power to give directions under subsection (1),
which shall include information on—

(a)   how often directions were given;

(b)   the safeguards put in place to ensure that voluntary
agencies were not adversely affected by actions of local
authorities or agencies complying with directions given and
an assessment of the impact of the actions and the
effectiveness of the safeguards;

(c)   the impact of the directions on models of care other than
adoption for children in the areas covered by the directions;
and

(d)   the extent and adequacy of provisions that have been put in
place to ensure that post-adoption support, including in
respect of mental health, is available for the children and
adoptive parents who have dealt with a local authority or
agency carrying out the functions within subsection (3) on
behalf of a local authority, following directions from the
Secretary of State.”

Prepared 22nd October 2015