Education and Adoption Bill

SECOND
marshalled
list of Amendments
to be moved
in grand committee

[Amendments marked * are new or have been altered]

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 STOREY

BARONESS PINNOCK

BARONESS SHARP OF GUILDFORD

15A

Page 6, line 8, at end insert—

“( )     In determining whether to make an Academy order in respect of a
maintained school in England, the Secretary of State must consider
the availability of a suitable sponsor with a value added measure
above the national average.

( )     If no suitable sponsor is available, the Secretary of State must
appoint as a sponsor a willing council-maintained school or local
authority with a value added measure above the national average.”

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)”

LORD WATSON OF INVERGOWRIE

LORD HUNT OF KINGS HEATH

 


The above-named Lords give notice of their intention to oppose the Question that Clause 8
stand part of the Bill.

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 “” and insert “”

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 7th November 2015