Education and Adoption Bill

MARSHALLED
LIST OF Amendments
to be moved
on report

The amendments have been marshalled in accordance with the Order of 26th November 2015, as follows—

Clauses 3 to 6
Clauses 13 to 18
Clauses 1 and 2
Clauses 7 to 12
Title

[Amendments marked * are new or have been altered]

After Clause 6

LORD STOREY

BARONESS PINNOCK

1

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 provision

(1)     This section applies where more than 10 per cent of schools in a
local education authority area are eligible for intervention under
section 60B as inserted by section 1 of the Education and Adoption
Act 2015 (coasting schools).

(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; and

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

Clause 13

LORD WATSON OF INVERGOWRIE

LORD HUNT OF KINGS HEATH

2*

Page 8, line 25, after “authorities” insert “and voluntary adoption agencies
operating in the area jointly”

3*

Page 8, line 35, at end insert “including but not limited to mental health support for
children and adolescents prior to the making of a placement order;

(f)   the provision of a mental health assessment prior to the
making of a placement order.”

THE EARL OF LISTOWEL

LORD STOREY

4

Page 8, line 35, at end insert—

“(f)   the provision of child and adolescent mental health services
for children in the adoption system;

(g)   the assessment of the mental health needs of children in the
adoption system”

5

Page 8, line 35, at end insert—

“( )     In giving directions under subsection (1) regarding the provision of
adoption support services, the Secretary of State must take steps to
ensure that the quantity and quality of mental health support
provided to children in the adoption system will be maintained or
improved.”

LORD WATSON OF INVERGOWRIE

LORD HUNT OF KINGS HEATH

6*

Page 8, line 35, at end insert—

“( )     A direction given under subsection (1) may relate to functions in
relation to a particular group of children including—

(a)   children aged four or over;

(b)   sibling groups;

(c)   children with a disability; and

(d)   children from Black, Asian and Minority Ethnic (BAME)
backgrounds.”

7*

Page 8, line 35, at end insert—

“( )     In giving directions under subsection (1) regarding the provision of
adoption support services, the Secretary of State must take steps to
ensure that decisions made by regional adoption agencies as to
whether a particular child should be placed for adoption with a
particular prospective adopter are made in such a way as to be
blind to whether the adopter was approved by a local authority or
a voluntary adoption agency operating as part of the regional
adoption agency.”

Clause 17

LORD STOREY

BARONESS PINNOCK

8

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.”

Clause 1

LORD ADDINGTON

9

Page 1, line 12, after “coasting,” insert—

“(b)   have been notified over a three year period that the school
has remained within the coasting definition,”

LORD HUNT OF KINGS HEATH

LORD WATSON OF INVERGOWRIE

10

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

11

Page 1, line 16, at end insert—

“( )     Regulations under subsection (2) must be made by statutory
instrument, which 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

LORD HUNT OF KINGS HEATH

12

Page 1, line 16, at end insert—

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

13

Page 1, line 16, at end insert—

“( )     An Academy may be defined as “coasting” if it comes under the
definition made by the Secretary of State by regulations under
subsection (2).

( )     The Secretary of State will serve a “coasting notice” where the
Academy is found to be coasting.

( )     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.”

THE EARL OF LISTOWEL

14

Page 1, line 16, at end insert—

“( )     Regulations made under subsection (2) must specify that schools
may not be defined as coasting on the basis of school performance
data which include data relating to pupils absent for medical
reasons for more than 15 days in any one school year.”

LORD ADDINGTON

15

Page 1, line 16, at end insert—

“( )     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.

( )     In the event that a school is defined as “coasting” under the definition
contained in regulations made under subsection (2), the Regional Schools
Commissioner, in assessing whether or not a school has a credible plan to
improve sufficiently, must demonstrate that he or she has taken into
account the entire activity of the school including, but not limited to—

(a)   academic achievements;

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

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

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

Clause 7

LORD WATSON OF INVERGOWRIE

LORD HUNT OF KINGS HEATH

16

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 (duty to inspect certain schools at prescribed intervals), 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 shall 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 8

LORD WATSON OF INVERGOWRIE

LORD HUNT OF KINGS HEATH

17

Insert the following new Clause—

“Schools causing concern: involvement of parents

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

(2)     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.”

(3)     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.”

(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”.”

After Clause 11

THE LORD BISHOP OF ELY

18*

Insert the following new Clause—

“Protection for schools which have a religious character

(1)     After section 71 of the Education and Inspections Act 2006 insert—

“Schools which have a religious character

71A          Protection for schools which have a religious character

Where a school which has a religious character is eligible for
intervention (other than by virtue of section 60A), a local authority
or the Secretary of State, when exercising a power under this Part
(other than the power under section 68 (power of Secretary of State
to direct closure of school)), must ensure the protection of that
religious character.”

(2)     After section 4 of the Academies Act 2010 insert—

“4A Protection for schools which have a religious character

In the case of a school which has a religious character, the Secretary
of State, when making an Academy order, must ensure the
protection of that religious character.””

Prepared 28th November 2015