Education and Inspections Bill

House of Commons

Session 2005 - 06
Internet Publications
Other Bills before Parliament

Education and Inspections Bill

Education and Inspections Bill
Part 1 — Education functions of local authorities
1

A
Bill
To
Make provision about primary, secondary and further education and about
training; to make provision about food or drink provided on school premises
or in connection with the provision of education or childcare; to provide for
the establishment of an Office for Standards in Education, Children’s Services
and Skills and the appointment of Her Majesty’s Chief Inspector of Education,
Children’s Services and Skills and make provision about the functions of that
Office and that Chief Inspector; to provide for the amendment of references to
local education authorities and children’s services authorities; to amend
section 29 of the Leasehold Reform Act 1967 in relation to university bodies;
and for connected purposes.
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:—
Part 1
Education functions of local authorities
1
Duties in relation to high standards and the fulfilment of potential
For section 13A of EA 1996 substitute—
“13A
Duty to promote high standards and the fulfilment of potential
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(1)
A local education authority shall ensure that their functions relating to
the provision of education to which this section applies are (so far as
they are capable of being so exercised) exercised by the authority with
a view to—
(a)
promoting high standards, and
10
(b)
promoting the fulfilment by every child concerned of his
educational potential.
(2)
This section applies to education for—

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Education and Inspections Bill
Part 1 — Education functions of local authorities
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(a)
children of compulsory school age (whether at school or
otherwise); and
(b)
children under or over that age who are registered as pupils at
schools maintained by the authority,

and in subsection (1) “functions” means functions of whatever nature.
5
(3)
In this section “child” means a person under the age of 20.”
2
Duties in relation to diversity and choice
In section 14 of EA 1996 (functions of local education authorities in relation to
the provision of primary and secondary education) after subsection (3) insert—
“(3A)
A local education authority in England shall exercise their powers
10
under this section with a view to—
(a)
securing diversity in the provision of schools, and
(b)
increasing opportunities for parental choice.”
3
Duty to consider parental representations
After section 14 of EA 1996 insert—
15
“14A
Duty of local education authority to consider parental representations
(1)
Where a local education authority in England receive any
representation from a parent of a qualifying child as to the exercise by
the authority of their functions under section 14, the authority shall—
(a)
consider the representation and what action (if any) to take in
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response to it, and
(b)
within a reasonable time provide the parent with a statement
setting out—
(i)
any action which the authority propose to take in
response to the representation, or
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(ii)
where the authority are of the opinion that no such
action is necessary, their reasons for being of that
opinion.
(2)
In subsection (1) “qualifying child”, in relation to a local education
authority, means any child in the authority’s area who is of or under
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compulsory school age.
(3)
Subsection (1) does not apply in relation to any representation which—
(a)
appears to the local education authority to be frivolous or
vexatious, or
(b)
is the same as, or similar to, a representation previously
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received by the authority from the same person.
(4)
In exercising their functions under this section, a local education
authority must have regard to any guidance given from time to time by
the Secretary of State.”
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Duty to identify children not receiving education
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(1)
In Chapter 2 of Part 6 of EA 1996 (school attendance) before the cross-heading

Education and Inspections Bill
Part 1 — Education functions of local authorities
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preceding section 437 insert—
“Children not receiving suitable education
436A
Duty to make arrangements to identify children not receiving
education
(1)
A local education authority must make arrangements to enable them to
5
establish (so far as it is possible to do so) the identities of children in
their area who are of compulsory school age but—
(a)
are not registered pupils at a school, and
(b)
are not receiving suitable education otherwise than at a school.
(2)
In exercising their functions under this section a local education
10
authority must have regard to any guidance given from time to time by
the Secretary of State.
(3)
In this Chapter, “suitable education”, in relation to a child, means
efficient full-time education suitable to his age, ability and aptitude and
to any special educational needs he may have.”
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(2)
In section 437 of EA 1996, in subsection (8) omit the definition of “suitable
education”.
(3)
In section 580 of EA 1996 (index) for the entry in the second column which
relates to the expression “suitable education (in Chapter 2 of Part 6)” substitute
“section 436A(3)”.
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5
School improvement partners
(1)
A local education authority in England must appoint, in relation to each
maintained school which they maintain, a person (to be known as a school
improvement partner) to provide advice to the governing body and head
teacher of the school with a view to improving standards at the school.
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(2)
A person may not be appointed as, or remain, a school improvement partner
unless he is for the time being accredited for the purposes of this section—
(a)
by the Secretary of State, or
(b)
by a person authorised by the Secretary of State to accredit persons for
those purposes.
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(3)
Regulations may prescribe other requirements to be met by local education
authorities in connection with the appointment of school improvement
partners.
(4)
Regulations may confer functions in relation to school improvement partners
on local education authorities or on the governing body of maintained schools.
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(5)
Regulations may provide that in prescribed circumstances a person employed
or engaged by a local education authority before the commencement of this
section is to be taken to have been appointed by them as a school improvement
partner.
(6)
In this section—
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“maintain”, in relation to a maintained school, has the same meaning as in
SSFA 1998;
“maintained school” means—

Education and Inspections Bill
Part 1 — Education functions of local authorities
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(a)
a community, foundation or voluntary school, or
(b)
a community or foundation special school;
“prescribed” means prescribed by regulations;
“regulations” means regulations made by the Secretary of State.
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Functions in respect of recreation etc
5
(1)
Before section 508 of EA 1996 (functions of LEA in respect of facilities for
recreation and social and physical training), and immediately after the cross-
heading which precedes that section, insert—
“507A
LEAs in England: functions in respect of recreational and training
facilities for children under 13
10
(1)
A local education authority in England must secure that the facilities
for primary and secondary education provided for their area include
adequate facilities for recreation and social and physical training for
children who have not attained the age of 13.
(2)
For the purposes of subsection (1) a local education authority may—
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(a)
establish, maintain and manage, or assist the establishment,
maintenance and management of—
(i)
camps, holiday classes, playing fields, play centres, and
(ii)
other places, including playgrounds, gymnasiums and
swimming baths not appropriated to any school or other
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educational institution,

at which facilities for recreation and social and physical training
are available for persons receiving primary or secondary
education;
(b)
organise games, expeditions and other activities for such
25
persons; and
(c)
defray, or contribute towards, the expenses of such games,
expeditions and other activities.
(3)
When making arrangements for the provision of facilities or the
organisation of activities in the exercise of their powers under
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subsection (2), a local education authority must, in particular, have
regard to the expediency of co-operating with any voluntary societies
or bodies whose objects include the provision of facilities or the
organisation of activities of a similar character.
507B
LEAs in England: functions in respect of leisure-time activities etc for
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persons aged 13 to 19 and certain persons aged 20 to 24
(1)
A local education authority in England must, so far as reasonably
practicable, secure for qualifying young persons in the authority’s area
access to—
(a)
sufficient educational leisure-time activities for the
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improvement of their well-being, and sufficient facilities for
such activities; and
(b)
sufficient recreational leisure-time activities for the
improvement of their well-being, and sufficient facilities for
such activities.
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(2)
“Qualifying young persons”, for the purposes of this section, are—

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Part 1 — Education functions of local authorities
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(a)
persons who have attained the age of 13 but not the age of 20;
and
(b)
persons who have attained the age of 20 but not the age of 25
and have a learning difficulty (within the meaning of section
13(5)(a) and (6) of the Learning and Skills Act 2000).
5
(3)
References in the remaining provisions of this section to “positive
leisure-time activities” are references to any activities falling within
paragraph (a) or (b) of subsection (1).
(4)
For the purposes of subsection (1) a local education authority may—
(a)
provide facilities for positive leisure-time activities;
10
(b)
assist others in the provision of such facilities;
(c)
make arrangements for facilitating access for qualifying young
persons to such facilities;
(d)
organise positive leisure-time activities;
(e)
assist others in the organisation of such activities;
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(f)
make arrangements for facilitating access for qualifying young
persons to such activities;
(g)
enter into agreements or make arrangements with any person in
connection with anything done or proposed to be done under
any of paragraphs (a) to (f);
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(h)
take any other action which the authority think appropriate.
(5)
For the purposes of subsection (4)—
(a)
the provision mentioned in paragraph (a) may include
establishing, maintaining and managing places at which
facilities for positive leisure-time activities are provided;
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(b)
the assistance mentioned in paragraphs (b) and (e) may include
the provision of financial assistance;
(c)
the arrangements mentioned in paragraphs (c) and (f) may
include the provision of transport, of financial assistance or of
information to any person.
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(6)
Before taking any action for the purposes of subsection (1) (“the
proposed action”), a local education authority must—
(a)
consider whether it is expedient for the proposed action to be
taken by another person, and
(b)
where the authority consider that it is so expedient, take all
35
reasonable steps to enter into an agreement or make
arrangements with such a person for that purpose.
(7)
For the purposes of subsection (6)(a) a local education authority must
consult such persons as the authority think appropriate as to whether
it is expedient for the proposed action to be taken by another person.
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(8)
In exercising their functions under this section a local education
authority must—
(a)
take steps to ascertain the views of qualifying young persons in
the authority’s area about—
(i)
positive leisure-time activities, and facilities for such
45
activities, in the authority’s area;
(ii)
the need for any additional such activities and facilities;
and

Education and Inspections Bill
Part 2 — Establishment, discontinuance or alteration of schools
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(iii)
access to such activities and facilities; and
(b)
secure that the views of qualifying young persons in the
authority’s area are taken into account.
(9)
A local education authority in England must—
(a)
publicise information about positive leisure-time activities, and
5
facilities for such activities, in the authority’s area, and
(b)
keep the information publicised under paragraph (a) up to date.
(10)
A local education authority may charge in respect of anything provided
by the authority under this section where the provision is to a
qualifying young person (whether or not in the authority’s area).
10
(11)
In exercising their functions under this section a local education
authority must have regard to any guidance given from time to time by
the Secretary of State.
(12)
In this section—
“recreation” includes physical training (and “recreational” is to be
15
construed accordingly);
“sufficient”, in relation to activities or facilities, means sufficient
having regard to quantity;
“well-being”, in relation to a person, means his well-being so far as
relating to—
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(a)
physical and mental health and emotional well-being;
(b)
protection from harm and neglect;
(c)
education, training and recreation;
(d)
the contribution made by him to society;
(e)
social and economic well-being.”
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(2)
Schedule 1 contains amendments related to the provision made by subsection
(1).
Part 2
Establishment, discontinuance or alteration of schools
Establishment of new schools
30
7
Invitation for proposals for establishment of new schools
(1)
A local education authority in England may publish a notice under this section
inviting proposals from persons other than local education authorities for the
establishment of any new school falling within subsection (2).
(2)
The schools falling within this subsection are—
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(a)
a foundation, voluntary or foundation special school, other than one
providing education suitable only to the requirements of persons above
compulsory school age, or
(b)
an Academy.
(3)
A notice under this section must—
40
(a)
identify a possible site for the school,
(b)
state whether or not the proposed school is to be a special school,

Education and Inspections Bill
Part 2 — Establishment, discontinuance or alteration of schools
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(c)
specify a date, being a date after the prescribed interval, by which
proposals must be submitted,
(d)
specify such other matters as may be prescribed, and
(e)
be published in the prescribed manner.
(4)
Proposals made pursuant to a notice under this section must—
5
(a)
contain the prescribed information, and
(b)
be submitted to the local education authority before the date specified
in the notice.
(5)
After the date specified in a notice published by a local education authority
under this section, the authority—
10
(a)
must publish under this section any proposals submitted pursuant to
the notice in accordance with subsection (4), and
(b)
may publish under this section—
(i)
proposals of their own for the establishment of a foundation
school or a foundation special school, or
15
(ii)
with the consent of the Secretary of State, proposals of their own
for the establishment of a community or community special
school.
(6)
Regulations may prescribe—
(a)
the time within which proposals under this section must be published,
20
(b)
the manner in which they must be published, and
(c)
the information which proposals within subsection (5)(b) must contain.
(7)
Schedule 2 has effect in relation to the consideration, approval and
implementation of proposals under this section.
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Consultation and publicity in relation to notice and proposals under section 7
25
(1)
Before publishing a notice under section 7, the local education authority must
consult such persons as appear to the authority to be appropriate; and in
discharging their duty under this subsection the authority must have regard to
any guidance given from time to time by the Secretary of State.
(2)
Regulations may require the local education authority to take prescribed steps
30
for the purpose of promoting public awareness of any proposals published by
them under section 7.
9
Publication of proposals with consent of Secretary of State
(1)
A local education authority in England may with the consent of the Secretary
of State publish under this section their proposals to establish (otherwise than
35
pursuant to a notice under section 7)—
(a)
a new community or community special school, or
(b)
a new foundation or foundation special school, other than one
providing education suitable only to the requirements of persons above
compulsory school age.
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(2)
Any persons (“proposers”) may with the consent of the Secretary of State
publish under this section their proposals to establish (otherwise than
pursuant to a notice under section 7) a new foundation, voluntary or
foundation special school in England other than—