|
Angela Watkinson
Mr Mark Hoban
Mr Peter Atkinson
27
Schedule 7, page 84, line 33, leave out sub-paragraphs (3) to (5).
Angela Watkinson
Mr Mark Hoban
Mr Peter Atkinson
28
Schedule 7, page 85, line 15, leave out sub-paragraph (8).
Angela Watkinson
Mr Mark Hoban
Mr Peter Atkinson
2
Schedule 7, page 85, line 29, after 'to', insert 'the parents of the children for whom the childminding or day care is provided and to'.
Angela Watkinson
Mr Mark Hoban
Mr Peter Atkinson
3
Schedule 7, page 86, line 16, leave out sub-paragraph (2).
Angela Watkinson
Mr Mark Hoban
Mr Peter Atkinson
4
Schedule 7, page 86, line 18, leave out sub-paragraph (3).
Mr Stephen Twigg
36
Schedule 9, page 100, line 26, at end insert—
| 22A | | In section 9 of the Protection of Children Act 1999 (tribunal to hear certain appeals) omit subsection (2)(ca).'. |
NEW CLAUSES RELATING TO PART 1
Registration of inspectors in England
Mr Mark Hoban
Angela Watkinson
Mr Peter Atkinson
NC1
To move the following Clause:—
'(1) No person may conduct an inspection of any school in England under section 5 unless—
| (a) | he is a member of the Inspectorate, or |
| (b) | he is registered as an inspector in a register kept by the Chief Inspector for the purposes of this Chapter. |
(2) The Chief Inspector may not register a person under this section unless, having regard to any conditions that he proposes to impose under subsection (4)(c), it appears to him that that person—
| (a) | is a fit and proper person for discharging the functions of a registered inspector, and |
| (b) | will be capable of conducting inspections under this Chapter competently and effectively, |
and no person may be so registered if he falls within a category of persons prescribed for the purposes of this subsection.
(3) An application for registration under this section—
| (a) | must be made in such a manner, and be accompanied by such particulars, as the Chief Inspector may direct, and |
| (b) | must be accompanied by the prescribed fee. |
(4) On an application duly made under this section the Chief Inspector may—
| (a) | register the applicant, |
| (b) | refuse to register him, or |
| (c) | register him subject to such conditions as the Chief Inspector considers it appropriate to impose. |
(5) The matters to which the Chief Inspector may have regard in deciding whether to register the applicant include, in particular—
| (a) | the extent to which the Chief Inspector proposes to exercise his discretion under subsection (1) of section 28 to secure that inspections under that section are conducted by members of the Inspectorate rather than registered inspectors, and |
| (b) | the extent to which there is a need for registered inspectors in England. |
(6) Conditions under subsection (4)(c) may be conditions applying generally in relation to all cases, or particular classes of case, or such conditions together with specific conditions applying in the particular case.
(7) Where a person is registered subject to conditions imposed under subsection (4)(c), he is to be taken to be authorised to act as a registered inspector only so far as those conditions permit.
(8) The period for which any registration is to have effect is to be determined by the Chief Inspector and must be entered in the register kept by him.
(9) Nothing in subsection (8) is to be taken as preventing a registered inspector from applying for a fresh registration to take effect immediately on the expiry of his current registration.'.
Reducing burden of inspection on schools
Mr Mark Hoban
Angela Watkinson
Mr Peter Atkinson
NC2
To move the following Clause:—
'The Chief Inspector when conducting an inspection under section 5 shall in exercising his functions have regard to the desirability of avoiding excessive administrative burdens being placed on governing bodies and headteachers of maintained schools.'.
Removal from register and imposition or variation of conditions
Mr Mark Hoban
Angela Watkinson
Mr Peter Atkinson
NC3
To move the following Clause:—
'(1) If the Chief Inspector is satisfied that any of the conditions mentioned in subsection (2) is satisfied with respect to an inspector registered in the register, he may remove the name of that inspector from the register.
(2) The conditions are that—
| (a) | he is no longer a fit and proper person for discharging the functions of a registered inspector under this Chapter; |
| (b) | he is no longer capable of conducting inspections under this Chapter competently and effectively; |
| (c) | there has been a significant failure on his part to comply with any condition imposed under section [Registration of inspectors in England] (4)(c) and subject to which his registration has effect; |
| (d) | he has, without reasonable explanation, produced a report of an inspection which is, in whole or in part, seriously misleading. |
(3) If the Chief Inspector is satisfied—
| (a) | that he is authorised by subsection (2) to remove the name of an inspector from the register, or |
| (b) | that it would otherwise be in the public interest to act under this subsection, he may vary any condition subject to which the registration of that inspector has effect or vary that registration by imposing a condition subject to which it will have effect.'. |
Complaints procedures
Mr Mark Hoban
Angela Watkinson
Mr Peter Atkinson
NC4
To move the following Clause:—
'(1) The Secretary of State shall make regulations establishing procedures whereby persons who may be prescribed by such regulations under this Chapter as having an interest in an inspection shall have the right of complaint to an independent adjudicator appointed for the purpose that—
| (a) | the inspection has been conducted in a manner inconsistent with the requirements of this Act or with regulations made under this Act; |
| (b) | a member of an inspection team has in carrying out an inspection behaved in a manner which may be considered unreasonably prejudicial to the interests of the complainant; or |
| (c) | the inspection report of an inspection contains material prejudicial to the interests of the complainant which cannot be considered justifiable by reference to the evidence available in the course of conducting the inspection. |
(2) Upon receipt of the findings of an independent adjudicator made in accordance with the regulations referred to in subsection (1), the Chief Inspector shall take such action consistent with such findings as appears to him to be necessary in order to satisfy any complaint found to be justifiable including without limitation the modification of any report published under section 11 and the re-publication of such report with such modifications.'.
Training for inspections
Mr Mark Hoban
Angela Watkinson
Mr Peter Atkinson
NC5
To move the following Clause:—
'Schedule [Training for inspections] has effect.'.
Appeals in relation to registration
Mr Mark Hoban
Angela Watkinson
Mr Peter Atkinson
NC6
To move the following Clause:—
'(1) Any person who is aggrieved by—
| (a) | the refusal of the Chief Inspector to renew his registration under section [Registration of inspectors in England], |
| (b) | the imposition or variation of any condition subject to which he is registered under that section, or |
| (c) | the removal of his name from the register under section [Removal from register and imposition or variation of conditions], |
may appeal against the Chief Inspector's decision to a tribunal constituted in accordance with Schedule [Tribunals hearing appeals in England].
(2) Where—
| (a) | a decision to refuse to renew a person's registration under section [Registration of inspectors in England] is expressed to be based on the ground— |
| (i) | that there is a reduced need for registered inspectors in England, or |
| (ii) | that there is no longer any need for registered inspectors in England, and |
| (b) | the tribunal is satisfied that the decision was based on one of those grounds, |
the tribunal must confirm the decision to refuse renewal.
(3) No decision of the Chief Inspector falling within subsection (1)(b) or (c) is to have effect until—
| (a) | the disposal of any appeal against the decision which is duly made under this section, or |
| (b) | the period within which an appeal maybe made has expired without an appeal having been made. |
(4) Subsection (3) does not apply where the Chief Inspector—
| (a) | is satisfied that the circumstances of the case justify the decision in question taking effect immediately, or earlier than would otherwise be the case, and |
| (b) | notifies the person concerned to that effect. |
(5) On determining any appeal under this section, the tribunal may—
| (a) | confirm, reverse or vary the decision appealed against, or |
| (b) | remit the case to the Chief Inspector with directions as to the action to be taken by him. |
(6) Schedule [Tribunals hearing appeals in England] makes further provision with respect to tribunals constituted to hear appeals under this section.'.
Complaints procedures (Wales)
Mr Mark Hoban
Angela Watkinson
Mr Peter Atkinson
NC7
To move the following Clause:—
'(1) The Assembly shall make regulations establishing procedures whereby persons who may be prescribed by such regulations under this Chapter as having an interest in an inspection shall have the right of complaint to an independent adjudicator appointed for the purpose that—
| (a) | the inspection has been conducted in a manner inconsistent with the requirements of this Act or with regulations made under this Act; |
| (b) | a member of an inspection team has in carrying out an inspection behaved in a manner which may be considered unreasonably prejudicial to the interest of the complainant; or |
| (c) | the inspection report of an inspection contains material prejudicial to the interests of the complainant which cannot be considered justifiable by reference to the evidence available in the course of conducting the inspection. |
(2) Upon receipt of the findings of an independent adjudicator made in accordance with the regulations referred to in subsection (1), the Chief Inspector shall take such action consistent with such findings as appears to him to be necessary in order to satisfy any complaint found to be justifiable including without limitation the modification of any report published under section 11 and the re-publication of such report with such modifications.'.
|
