Education and Adoption Bill (HL Bill 84)

A

BILL

[AS AMENDED ON REPORT]

TO

Make provision about schools in England that are causing concern, including
provision about their conversion into Academies and about intervention
powers; and to make provision about joint arrangements for carrying out local
authority adoption functions in England.

Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and
consent of the Lords Spiritual and Temporal, and Commons, in this present
Parliament assembled, and by the authority of the same, as follows:—

Maintained schools causing concern: eligibility for intervention

1 Coasting schools

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

(2) In section 59 (meaning of “maintained school” and “eligible for intervention”),
5in subsection (2), at the appropriate place insert—

“section 60B (coasting schools),”.

(3) After section 60A insert—

60AB Coasting schools

(1) A maintained school is by virtue of this section eligible for intervention
10if—

(a) the school is coasting, and

(b) the Secretary of State has notified the governing body that it is
coasting.

(2) The Secretary of State may by regulations provide that this section does
15not apply in relation to a school of a description specified in the
regulations.

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(3) The Secretary of State must by regulations define what “coasting”
means in relation to a school to which this section applies.”

(4) In section 182 (Parliamentary control of orders and regulations), in subsection
(3), after paragraph (a) insert—

(aza) 5the first regulations to be made under section 60B(3)
(regulations defining “coasting” in relation to a school),”.

2 Performance standards and safety warning notices

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

(2) In section 60 (performance standards and safety warning notice)—

(a) 10for “local authority”, in each place it occurs, substitute “relevant
authority”;

(b) for subsection (1) substitute—

(1) A maintained school is by virtue of this section eligible for
intervention if—

(a) 15a relevant authority have given the governing body a
warning notice in accordance with subsection (2),

(b) the period for compliance specified in the notice (“the
compliance period”) has expired,

(c) the governing body have failed to comply, or secure
20compliance, with the notice to the relevant authority’s
satisfaction by the end of the compliance period, and

(d) the relevant authority have given reasonable notice in
writing to the governing body that the authority
proposes to exercise the authority’s powers under any
25one or more of sections 63 to 69 (whether or not the
notice is combined with a notice under section 62(2A)(c)
of SSFA 1998).”;

(c) in subsection (4), for paragraph (c) (but not the “and” at the end)
substitute—

(c) 30the compliance period for the purposes of subsection
(1)(c),”;

(d) in subsection (4)(d), for “66” substitute “69”;

(e) after subsection (4) insert—

(4A) If a local authority are notified that the Secretary of State has
35given a warning notice to the governing body of a maintained
school the local authority may not give a warning notice unless
or until the Secretary of State informs them that they may.

(4B) If the Secretary of State gives a warning notice to the governing
body of a maintained school, any earlier warning notice given
40to the maintained school by the local authority ceases to have
effect from that time.”;

(f) omit subsection (5);

(g) after subsection (6) insert—

(6A) If a local authority give a warning notice to the governing body
45of a maintained school they must, at the same time, give a copy
of it to the Secretary of State.

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(6B) If the Secretary of State gives a warning notice to the governing
body of a maintained school the Secretary of State must, at the
same time, give a copy of it to the local authority.”;

(h) omit subsections (7) to (9);

(i) 5for subsection (10) substitute—

(10) In this section “relevant authority” means—

(a) the local authority, or

(b) the Secretary of State.”

(3) In section 63 (power of local authority to require governing body to enter into
10arrangements), in subsection (3), for “section 60(10)” substitute “section
60(1)(b)”.

(4) In section 64 (power of local authority etc to appoint additional governors), in
subsection (2), for “section 60(10)” substitute “section 60(1)(b)”.

(5) In section 66 (power of local authority to suspend right to delegated budget),
15in subsection (2), for “section 60(10)” substitute “section 60(1)(b)”.

(6) Omit section 69A (power of Secretary of State to direct local authority to give
performance standards and safety warning notice).

(7) In section 73 (interpretation), omit the definition of “working day”.

3 Other warning notices

(1) 20The Education and Inspections Act 2006 is amended as follows.

(2) In section 60A (teachers’ pay and conditions warning notice)—

(a) for subsection (1) substitute—

(1) A maintained school is by virtue of this section eligible for
intervention if—

(a) 25the local authority have given the governing body a
warning notice in accordance with subsection (2),

(b) the period for compliance specified in the notice (“the
compliance period”) has expired,

(c) the governing body have failed to comply, or secure
30compliance, with the notice to the local authority’s
satisfaction by the end of the compliance period, and

(d) the local authority have given reasonable notice in
writing to the governing body that the authority
proposes to exercise the authority’s powers under any
35one or more of sections 64 to 66.”;

(b) in subsection (4), for paragraph (c) (but not the “and” at the end)
substitute—

(c) the compliance period for the purposes of subsection
(1)(c),”;

(c) 40omit subsection (5);

(d) in subsection (6), before paragraph (a) insert—

(za) the Secretary of State,”;

(e) omit subsections (7) to (10).

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(3) In section 64 (power of local authority etc to appoint additional governors), in
subsection (2), for “section 60A(10)” substitute “section 60A(1)(b)”.

(4) In section 66 (power of local authority to suspend right to delegated budget),
in subsection (2), for “section 60A(10)” substitute “section 60A(1)(b)”.

5Maintained schools causing concern: intervention powers

4 Power to require governing body to enter into arrangements

Before section 67 of the Education and Inspections Act 2006 insert—

66A Power of Secretary of State to require governing body to enter into
arrangements

(1) 10If at any time a maintained school is eligible for intervention other than
by virtue of section 60A, then (subject to subsection (3)) the Secretary of
State may, with a view to improving the performance of the school,
give the governing body of the school a notice requiring the governing
body—

(a) 15to enter into a contract or other arrangement with a specified
person (who may be the governing body of another school) for
the provision to the governing body of specified services of an
advisory nature,

(b) to make specified arrangements authorised by section 26 of EA
202002 (collaboration between schools) with the governing body
of such other school as may be specified,

(c) to make specified arrangements authorised by regulations
under section 166 of this Act (collaboration arrangements:
maintained schools and further education bodies) with a
25further education body within the meaning of that section, or

(d) to take specified steps for the purpose of creating or joining a
federation, as defined by section 24(2) of EA 2002.

(2) Before exercising the power conferred by subsection (1), the Secretary
of State must consult—

(a) 30the governing body of the school,

(b) in the case of a foundation or voluntary school which is a
Church of England school or a Roman Catholic Church school,
the appropriate diocesan authority, and

(c) in the case of any other foundation or voluntary school, the
35person or persons by whom the foundation governors are
appointed.

(3) Where the school is eligible for intervention by virtue of section 60
(school subject to performance standards and safety warning), the
power conferred by subsection (1) is only exercisable within the period
40of two months following the end of the compliance period (as defined
by section 60(1)(b)).

(4)
A notice under subsection (1)(a) may require the contract or other
arrangement to contain specified terms and conditions.”

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5 Appointment of interim executive members

In Schedule 6 to the Education and Inspections Act 2006 (governing bodies
consisting of interim executive members), after paragraph 5 insert—

5A Where the appropriate authority is a local authority the Secretary of
5State may give the local authority directions about—

(a) who to appoint as interim executive members;

(b) how many people to appoint as interim executive members;

(c) the terms of appointment of interim executive members;

(d) the termination of any appointment in accordance with
10provision made under paragraph 5.”

6 Interaction between intervention powers

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

(2) In section 64 (power of local authority etc to appoint additional governors)—

(a) in subsection (1), for “subsections (1A) and (2)” substitute
15“subsection (2)”;

(b) omit subsection (1A).

(3) After section 70 insert—

“Interaction between different intervention powers etc

70A Duties for local authorities and Secretary of State to notify each other

(1) 20A local authority must notify the Secretary of State before exercising a
power under section 63, 64 or 66 in relation to a maintained school.

(2) The Secretary of State must notify the local authority before exercising
a power under any of sections 66A to 69 in relation to a maintained
school.

70B 25Restriction on use of local authority intervention powers

(1) This section applies where a local authority are notified that the
Secretary of State intends to exercise a power under any of sections 66A
to 69 in relation to a maintained school.

(2) The local authority may not use any of their powers under section 63,
3064 or 66 in relation to the school unless or until the Secretary of State
notifies them that they may.

70C Secretary of State’s power to take over responsibility for interim
executive members

(1) This section applies where a local authority have given the governing
35body of a maintained school a notice under section 65 (governing body
to consist of interim executive members).

(2) The Secretary of State may take over responsibility for arrangements in
connection with the interim executive members by giving notice to the
local authority and, where the Secretary of State does so—

(a) 40the notice given by the local authority in accordance with
section 65 is to be treated as having been given by the Secretary
of State in accordance with section 69, and

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(b) anything done by or in relation to the local authority under
Schedule 6 is to be treated as having been done by or in relation
to the Secretary of State.”

Maintained schools causing concern: conversion into Academies

7 5Duty to make Academy orders

(1) Section 4 of the Academies Act 2010 (Academy orders) is amended as follows.

(2) Before subsection (1) insert—

(A1) The Secretary of State must make an Academy order in respect of a
maintained school in England that is eligible for intervention by virtue
10of section 61 or 62 EIA 2006 (schools requiring significant improvement
or schools requiring special measures).”

(3) In subsection (1)(b), after “(within the meaning of Part 4 of EIA 2006)” insert
“other than by virtue of section 61 or 62 of EIA 2006”.

8 Consultation about conversion

15For section 5 of the Academies Act 2010 (consultation on conversion)
substitute—

5 Consultation about conversion: schools not eligible for intervention

(1) Before a maintained school in England is converted into an Academy,
the school’s governing body must consult such persons as they think
20appropriate about whether the conversion should take place.

(2) But this section does not apply if an Academy order under
section 4(A1) or (1)(b) has effect in respect of the school.

(3) Consultation for the purposes of this section may be carried out before
or after an Academy order, or an application for an Academy order, has
25been made in respect of the school.

(4) In the case of a federated school, the reference in subsection (1) to the
governing body includes a reference to any members of the governing
body.”

9 Consultation about identity of Academy sponsor in certain cases

30After section 5 of the Academies Act 2010 insert—

5A Consultation about identity of Academy sponsor in certain cases

(1) This section applies where an Academy order under section 4(A1) has
effect in respect of a foundation or voluntary school that has a
foundation.

(2) 35Before 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 trustees of the school,

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(b) the person or persons by whom the foundation governors are
appointed, and

(c) in the case of a school which has a religious character, the
appropriate religious body.

(3) 5In this section, “the appropriate religious body”, in relation to a school,
means—

(a) in the case of a Church of England school or a Roman Catholic
school, the appropriate diocesan authority;

(b) in any other case, such body or person representing the
10specified religion or religious denomination as is prescribed
under section 88F(3)(e) of SSFA 1998.

(4) In the case of a school in relation to which there is more than one
religion or religious denomination specified, references to “the
appropriate religious body” are to be read as references to both or all of
15the bodies concerned.

(5) In subsections (3) and (4), “specified” means specified in the order
under section 69(3) of SSFA 1998 relating to the school.

(6) Expressions used in this section and SSFA 1998 have the same meaning
as in that Act.”

10 20Duty to facilitate conversion

After section 5A of the Academies Act 2010 (inserted by section 9 above)
insert—

5B Duty to facilitate conversion

(1) Where an Academy order under section 4(A1) or (1)(b) has effect in
25respect of a school, the governing body of the school and the local
authority must take all reasonable steps to facilitate the conversion of
the school into an Academy.

(2) Where the Secretary of State notifies the governing body or local
authority that the Secretary of State is minded to enter into Academy
30arrangements with a specified person, their duty under subsection (1)
includes a duty to take all reasonable steps to facilitate the making of
Academy arrangements with that person.”

11 Power to give directions to do with conversion

After section 5B of the Academies Act 2010 (inserted by section 10 above)
35insert—

5C Power to give directions to do with conversion

(1) Where an Academy order under section 4(A1) or (1)(b) has effect in
respect of a school, the Secretary of State may direct the governing body
of the school or the local authority to take specified steps for the
40purpose of facilitating the conversion of the school into an Academy.

(2) A direction may, in particular, require the governing body or local
authority to prepare a draft of a scheme under section 8 or Part 1 of
Schedule 1.

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(3) A direction may specify the period within which any steps must be
taken.”

12 Power to revoke Academy orders

After section 5C of the Academies Act 2010 (inserted by section 11 above)
5insert—

5D Power to revoke Academy orders under section 4(A1) or (1)(b)

(1) The Secretary of State may by order revoke an Academy order under
section 4(A1) or (1)(b).

(2) If an Academy order is revoked the Secretary of State must give a copy
10of the order to everyone to whom a copy of the Academy order was
given under section 4(4).

(3) Despite section 568(1) of EA 1996 (orders to be made by statutory
instrument) (as applied by section 17(4) of this Act) the power of the
Secretary of State to make an order under this section is not required to
15be exercised by statutory instrument.”

13 Duty to communicate information about plans to improve school

After section 5D of the Academies Act 2010 (inserted by section 12 above)
insert—

5E Duty to communicate information about plans to improve school

(1) 20Before a maintained school in England which is causing concern is
converted into an Academy, the proposed proprietor of the Academy
must communicate to the registered parents of registered pupils at the
school information about the proposed proprietor’s plans to improve
the school.

(2) 25For the purposes of subsection (1)

(a) the “proposed proprietor of the Academy” is the person with
whom the Secretary of State proposes to enter or has entered
into Academy arrangements in respect of the school;

(b) a school is “causing concern” if it is eligible for intervention
30within the meaning of Part 4 of EIA 2006.”

Academies causing concern: intervention powers

14 Academies causing concern

After section 2 of the Academies Act 2010 insert—

2A Academy agreements: provision about failing schools

(1) 35An Academy agreement in respect of an Academy school or an
alternative provision academy must include provision allowing the
Secretary of State to terminate the agreement if—

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

(b)40the Academy requires significant improvement.

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(2) The Academy agreement must require the Secretary of State, before
terminating the agreement on one of those grounds, to give the
proprietor an opportunity to make representations.

(3) For the purposes of this section special measures are required to be
5taken in relation to an Academy, or an Academy requires significant
improvement, if the Chief Inspector has given notice under section
13(3)(a) of the Education Act 2005.

2B Academy agreements: provision about coasting schools

(1) An Academy agreement in respect of an Academy school or an
10alternative provision academy must include provision allowing the
Secretary of State to terminate the agreement if—

(a) the Academy is coasting, and

(b) the Secretary of State has notified the proprietor that it is
coasting.

(2) 15The Academy agreement must require the Secretary of State, before
terminating the agreement on that ground, to give the proprietor a
termination warning notice.

(3) A termination warning notice is a notice requiring the proprietor—

(a) to take specified action to improve the Academy by a specified
20date, and

(b) to respond to the Secretary of State by making representations,
or by agreeing to take that action, by a specified date.

(4) The Academy agreement must provide that the power to terminate the
agreement on the ground that the Academy is coasting is available only
25if the proprietor has failed to comply with a termination warning notice
(whether by failing to take specified action, or to respond, on time).

(5) The Secretary of State may by regulations provide that this section does
not apply in relation to an Academy of a description specified in the
regulations.

(6) 30“Coasting”, in relation to an Academy to which this section applies, has
the meaning given by regulations under subsection (3) of section 60B of
the Education and Inspections Act 2006 in relation to a school to which
that section applies.

2C Sections 2A and 2B supplementary - new agreements

(1) 35An Academy agreement may include further provision about—

(a) the procedure for terminating the agreement in accordance with
the provision required by section 2A or 2B;

(b) the consequences of terminating the agreement in accordance
with that provision.

(2) 40This section does not apply to agreements made before the day on
which section 1A of the Education and Adoption Act 2015 comes into
force (but see section 2D).

2D Sections 2A and 2B: supplementary - old agreements

(1) An old Academy agreement is to be treated as if it included the new
45termination powers.