Education and Adoption Bill

marshalled
list of Amendments
to be moved
in grand committee

[Amendments marked * are new or have been altered]

Clause 1

LORD WATSON OF INVERGOWRIE

BARONESS MASSEY OF DARWEN

LORD HUNT OF KINGS HEATH

1

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

2

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.”

LORD HUNT OF KINGS HEATH

LORD WATSON OF INVERGOWRIE

BARONESS MASSEY OF DARWEN

3*

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

LORD WATSON OF INVERGOWRIE

BARONESS MASSEY OF DARWEN

LORD HUNT OF KINGS HEATH

4

Page 1, line 16, at end insert—

“(3)     The governing body must inform the parents of registered pupils
that the school has been notified that it is coasting.”

LORD ADDINGTON

BARONESS BAKEWELL OF HARDINGTON MANDEVILLE

5

Page 1, line 16, at end insert—

“(3)     The definition of “coasting” in regulations under subsection (2)
must take into account the entire activity of the school including,
but not limited to—

(a)   academic achievement;

(b)   achievements in, and access provided to, sports and arts;

(c)   provision of access to further training or education;

(d)   provision of access to work placements, internships and
apprenticeships.

(4)     Regulations under subsection (2) may not be made unless a draft of
the regulations has been laid before, and approved by a resolution
of, each House of Parliament.”

LORD WATSON OF INVERGOWRIE

BARONESS MASSEY OF DARWEN

6

Page 1, line 16, at end insert—

“(3)     Prior to defining a school as coasting, the Secretary of State must
undertake an investigation and report on the current level of
teacher recruitment and retention in that particular school.”

7*

Page 1, line 16, at end insert—

“(3)     The Secretary of State must by regulations make provision for
reviews of, or appeals to the First-tier Tribunal about, a claim by a
maintained school governing body that had the data used to
determine that the school is “coasting” been interpreted differently,
the school would not have been notified that it is coasting.”

LORD HUNT OF KINGS HEATH

LORD WATSON OF INVERGOWRIE

BARONESS MASSEY OF DARWEN

8*

Page 1, line 16, at end insert—

“(3)     A statutory instrument containing regulations under subsection (2)
may not be made unless a draft of the instrument has been laid
before, and approved by a resolution of, each House of Parliament.”

LORD WATSON OF INVERGOWRIE

BARONESS MASSEY OF DARWEN

9*

Page 1, line 16, at end insert—

“(3)     An Academy may be defined as coasting if it falls within the
definition made by the Secretary of State by regulations in
subsection (2).

(4)     The Secretary of State shall serve a Coasting Notice where the
Academy is found to be coasting.

(5)     A Coasting Notice must specify—

(a)   that the Academy Trust must submit a plan to the Secretary
of State setting out the actions to be taken to improve the
school sufficiently; and

(b)   the date by which the plan must be submitted.”

Clause 2

LORD WATSON OF INVERGOWRIE

BARONESS MASSEY OF DARWEN

10*

Page 3, line 10, at end insert—

“( )     After section 60 (performance standards and safety warning notice)
insert—

“60ZA           Performance standards and safety warning notices: Academy
schools

(1)     A local authority may, pursuant to its duty under section 13A of the
Education Act 1996 (duty to promote high standards and fulfilment
of potential), give a performance standards and safety warning
notice to the proprietor of an Academy school situated in the area
of the local authority.

(2)     Before giving a warning notice, the authority must be satisfied
that—

(a)   the standards of performance of pupils at the school are
unacceptably low, and are likely to remain so unless the
proprietor requires an improvement in standards,

(b)   there has been a serious breakdown in the way the school is
managed or governed which is prejudicing, or likely to
prejudice, such standards or performance, or

(c)   the safety of pupils or staff of the school is threatened
(whether by a breakdown of discipline or otherwise).

(3)     For the purposes of subsection (2)(a), the standards of performance
of pupils at a school are low if they are low by reference to any one
or more of the following—

(a)   the standards that the pupils might in all the circumstances
reasonably be expected to attain;

(b)   where relevant, the standards previously attained by them;

(c)   the standards attained by pupils at comparable schools.

(4)     For the purposes of this section, a “warning notice” is a notice in
writing by the local authority setting out—

(a)   the matters on which the decision to give a warning notice
under subsection (2) is based,

(b)   the action which the proprietor is required to take in order
to remedy those matters,

(c)   the period within which the actions must be taken by the
proprietor, and

(d)   the action which the local authority are minded to ask the
Secretary of State to take if the proprietor fails to take the
required action.

(5)     Academy arrangements in relation to an Academy school must
include provision imposing obligations on the proprietor to comply
with actions set out in a warning notice issued under this section.

(6)     Academy arrangements in relation to an Academy (other than a 16
to 19 Academy or an Alternative Provision Academy) that are
entered into before the date on which this section comes into force
are to be treated as if they included the provision required by
subsection (5), to the extent that they do not otherwise include such
provision.””

After Clause 3

LORD ADDINGTON

BARONESS BAKEWELL OF HARDINGTON MANDEVILLE

11

Insert the following new Clause—

“Regional Schools Commissioners

All Regional Schools Commissioners must apply uniform performance
standards and criteria in fulfilling the duties laid upon them under sections
1 to 12 of this Act.”

LORD WATSON OF INVERGOWRIE

BARONESS MASSEY OF DARWEN

LORD HUNT OF KINGS HEATH

12

Insert the following new Clause—

“Regional Schools Commissioners: appointments

The Regional Schools Commissioner is an official appointed by the
Secretary of State, except in the area of a combined authority, where—

(a)   if the combined authority has an elected mayor, the Regional
Schools Commissioner shall be appointed by the mayor, or

(b)   if the combined authority does not have an elected mayor, the
Regional Schools Commissioner shall be appointed by the
combined authority,

if so requested by the mayor or the combined authority (as the case may be)
under arrangements made under Part 6 of the Local Democracy, Economic
Development and Construction Act 2009 (economic prosperity boards and
combined authorities) as amended by the Cities and Local Government
Devolution Act 2016.”

13

Insert the following new Clause—

“Governing body appeal against warning notice

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

(2)     After section 60A insert—

“60AA           Governing body appeal against warning notice

(1)     The Secretary of State must by regulations make provision for
reviews of, or appeals to the First-tier Tribunal about, decisions
relating to warning notices by the relevant authority under section
60 or the local authority under section 60A.

(2)     Regulations under subsection (1) must enable the First-tier Tribunal
to revoke a warning notice.

(3)     The revocation of a warning notice under subsection (2) does not
prevent the relevant authority or local authority giving a revised
warning notice.””

Clause 5

LORD STOREY

BARONESS PINNOCK

THE EARL OF LISTOWEL

BARONESS SHARP OF GUILDFORD

14

Page 5, line 4, at end insert—

“5B (1)     Where a school has been designated by order under section 69(4)
of the School Standards and Framework Act 1998, the interim
executive board shall be under a duty to secure that—

(a)   the religion or religious denomination of the school is
preserved and developed, and

(b)   the school is conducted in accordance with the school’s
instrument of government (except in relation to the
composition of the governing body) and the foundation’s
governing documents, including, where appropriate, any
trust deed relating to the school.

(2)     In exercising any powers under this Schedule, the Secretary of
State shall comply with any agreement between the local
authority and the appropriate diocesan authority, if any, and
person or persons by whom the foundation governors are
appointed, in relation to the membership and operation of the
interim executive board.”

After Clause 6

LORD STOREY

BARONESS PINNOCK

BARONESS SHARP OF GUILDFORD

15

Insert the following new Clause—

“Scrutiny of education provision

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

(2)     After section 70C insert—

“70D          Scrutiny of education provisions

(1)     This section applies where more than 10 per cent of schools in a
local education authority is eligible for intervention under section
60B.

(2)     The relevant local authority may establish, under section 21(2) of
the Local Government Act 2000 (overview and scrutiny
committees), a committee of that authority to review and scrutinise
matters relating to the provision of education in such schools in the
authority’s area, and to make reports and recommendations on
such matters in accordance with regulations under this section.

(3)     Regulations shall make provision—

(a)   as to the matters relating to the provision of education in
such schools in the authority’s area which the committee
may review and scrutinise;

(b)   as to matters relating to the provision of education in such
schools in the authority’s area on which the committee may
make reports and recommendations to local Academy
sponsors;

(c)   as to information which local Academy sponsors must
provide to the committee;

(d)   requiring Regional Schools Commissioners to attend before
the committee to answer questions.””

Clause 7

LORD ADDINGTON

BARONESS BAKEWELL OF HARDINGTON MANDEVILLE

16

Page 6, line 10, at end insert—

“(4)     After subsection (7) insert—

“(8)     If, by the relevant accountability measures laid down by
government regulation an Academy is “failing” or “coasting”, it is
by virtue of this section eligible for intervention if the governing
body of the Academy—

(a)   have been informed of their Academy’s assessment over a
three year period by a Regional Schools Commissioner;

(b)   have been notified that the Secretary of State considers the
Academy to be coasting; and

(c)   have not subsequently been notified that the Secretary of
State no longer considers the Academy to be coasting.””

LORD WATSON OF INVERGOWRIE

BARONESS MASSEY OF DARWEN

LORD HUNT OF KINGS HEATH

17

Leave out Clause 7 and insert the following new Clause—

“Schools with an inadequate Ofsted judgement

(1)     Where, in a report of a school made under section 5 of the Education Act
2005, Her Majesty’s Chief Inspector of Education, Children’s Services and
Skills states that in his or her opinion—

(a)   special measures are required to be taken in relation to the school,
or

(b)   the school requires significant improvement,

the following actions will be taken.

(2)     The Regional Schools Commissioner must consult the local authority, any
trustees or persons representing foundations associated with the school
and, in the case of an Academy school, the person with whom the Secretary
of State has made Academy arrangements, about the school’s governance
arrangements.

(3)     If the school is a local authority maintained school, then the Regional
Schools Commissioner may determine that section 5 of the Academies Act
2010 (consultation on conversion) applies.

(4)     If the school is an Academy school, then the Regional Schools
Commissioner may consult the Secretary of State about whether or not to
terminate the school’s Academy arrangements—

(a)   with a view to the school being established as a local authority
maintained school, or

(b)   by the Secretary of State making Academy arrangements with
another person.”

After Clause 7

BARONESS SHARP OF GUILDFORD

18*

Insert the following new Clause—

“School conversion: children with special educational needs and disabilities

After section 4 of the Academies Act 2000 insert—

“4A School conversion: children with special educational needs and
disabilities

Before entering into Academy arrangements in relation to a school
which has been the subject of an Academy order under section
4(A1), the Secretary of State shall—

(a)   provide guidance to the person with whom the
arrangements are to be entered into about collaborating
with other schools to provide any necessary specialist
provision for children with special educational needs and
disabilities, in cases where the individual school is not able
to provide it;

(b)   require the person with whom the arrangements are to be
entered into to provide details of their plans to support—

(i)   children with special educational needs and
disabilities who have an education, health and care
plan; and

(ii)   children with special educational needs and
disabilities who do not have an education, health
and care plan.””

Clause 8

LORD STOREY

BARONESS PINNOCK

19

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

LORD HUNT OF KINGS HEATH

20

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.”

21

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

LORD HUNT OF KINGS HEATH

22

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 paragraph (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 the end insert—

“(e)   the parents of registered pupils”.

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

“(d)   the parents of registered pupils”.”

Clause 9

LORD STOREY

BARONESS PINNOCK

23

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

LORD HUNT OF KINGS HEATH

24

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.

After Clause 9

LORD WATSON OF INVERGOWRIE

BARONESS MASSEY OF DARWEN

LORD HUNT OF KINGS HEATH

25

Insert the following new Clause—

“Inspection of Academy sponsors

Before section 9 of the Academies Act 2010 (impact: new and expanded
educational institution), insert—

“8A Inspection of Academy sponsors

(1)     Before entering into Academy arrangements in relation to a school
to which an Academy order under section 4(A1) or (1)(b) 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, the Secretary of State must receive a report from the
Chief Inspector of Education, Children’s Services and Skills on the
overall performance of the proprietor in performing their functions.

(2)     In preparing the report provided for by subsection (1), the Chief
Inspector may inspect the proprietor of an Academy school in the
performance of the proprietor’s functions under the Education
Acts, the Academy agreement entered into by the proprietor, and
any ancillary functions.

(3)     When requested to do so by the Secretary of State, the Chief
Inspector must conduct an inspection under subsection (1) in
relation to the proprietor specified in the request.

(4)     Such a request may specify particular matters which the Chief
Inspector must inspect.

(5)     Ancillary functions shall include any function that may be carried
out by a local authority.””

Clause 10

LORD WATSON OF INVERGOWRIE

BARONESS MASSEY OF DARWEN

LORD HUNT OF KINGS HEATH

26

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

LORD HUNT OF KINGS HEATH

27

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

LORD HUNT OF KINGS HEATH

28

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

29

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

After Clause 12

LORD STOREY

BARONESS BAKEWELL OF HARDINGTON MANDEVILLE

30

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.””

LORD STOREY

BARONESS PINNOCK

31

Insert the following new Clause—

“Reports on required qualifications for teachers

Before a coasting school is converted into an Academy by virtue of this Act,
and of section 61 or 62 of the Education and Inspections Act 2006 (schools
requiring significant improvement or schools requiring special measures),
the Chief Inspector of Education, Children’s Services and Skills must
report on the qualifications, if any, that teachers teaching in that school will
be required to have by the person with whom it is anticipated the Secretary
of State will enter into an Academy arrangement.”

LORD STOREY

BARONESS SHARP OF GUILDFORD

32

Insert the following new Clause—

“Reports on absences

Before a coasting school is converted into an Academy by virtue of this Act,
and of section 61 or 62 of the Education and Inspections Act 2006 (schools
requiring significant improvement or schools requiring special measures),
the Chief Inspector of Education, Children’s Services and Skills must
report on the level of absences in the previous three years—

(a)   in the school which is to be converted; and

(b)   in schools already under the sponsorship of 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

LORD HUNT OF KINGS HEATH

33

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.”

LORD STOREY

THE EARL OF LISTOWEL

BARONESS BENJAMIN

34

Page 8, line 35, at end insert—

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

(a)   how often directions were given, and

(b)   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 who
have received services from 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.”

Clause 17

LORD STOREY

BARONESS PINNOCK

35*

Page 9, line 33, at end insert—

“( )     A statutory instrument under subsection (2) may not be made until the
Secretary of State has laid before Parliament a report on the funding of the
costs of conversions under this Act.”

Prepared 3rd November 2015