Education and Inspections Bill

House of Commons

Session 2005 - 06
Internet Publications
Other Bills before Parliament

Education and Inspections Bill

Education and Inspections Bill
Schedule 7 — Amendments relating to schools causing concern
Part 2 — Minor and consequential amendments
182

(b)
in paragraph (b), after “section 16(6) or (8)” insert “or of section 51(4)
or (6) of the Education and Inspections Act 2006”.
16
In section 143 of SSFA 1998 (index) in the entry beginning “maintained
school”, after the line beginning “(generally)” insert—

“(in Chapter 4 of Part 1)
section 14(3A)”.

5
17
In Schedule 1A to SSFA 1998, for “Secretary of State” (wherever occurring)
substitute “Assembly”.
Education Act 2002 (c. 32)
18
In section 25 of EA 2002 (federations: supplementary provisions), in
subsection (1)—
10
(a)
before paragraph (a) insert—
“(za)
Part 4 of the Education and Inspections Act 2006
(schools causing concern: England),”, and
(b)
in paragraph (a), for “(intervention in schools causing concern)”
substitute “(intervention in schools causing concern: Wales)”.
15
19
After section 62 of EA 2002 insert—
“62A
Power to require LEA in England to obtain advisory services
(1)
This section applies where—
(a)
one or more schools maintained by a local education
authority in England are for the purposes of Part 4 of the
20
Education and Inspections Act 2006 (schools causing
concern: England) eligible for intervention by virtue of either
of the following provisions of that Act—
(i)
section 48 (school requiring significant
improvement), or
25
(ii)
section 49 (school requiring special measures), and
(b)
it appears to the Secretary of State that the local education
authority—
(i)
have not been effective or are unlikely to be effective
in eliminating deficiencies in the conduct of that
30
school or those schools,
(ii)
are unlikely to be effective in eliminating deficiencies
in the conduct of other schools which may in the
future fall within paragraph (a), or
(iii)
maintain a disproportionate number of schools
35
falling within that paragraph.
(2)
The Secretary of State may direct the local education authority to
enter into a contract or other arrangement with a person specified in
the direction, or a person falling within a class so specified, for the
provision to the authority or the governing body of any school
40
maintained by them (or both) of specified services of an advisory
nature.
(3)
The direction may require the contract or other arrangement to
contain specified terms and conditions.

Education and Inspections Bill
Schedule 7 — Amendments relating to schools causing concern
Part 2 — Minor and consequential amendments
183

(4)
In this section “school” means a community, foundation or voluntary
school, a community or foundation special school or a maintained
nursery school.
(5)
Any direction given under this section shall be enforceable, on an
application made on behalf of the Secretary of State, by a mandatory
5
order.”
20    (1)
Section 63 of EA 2002 (power to require LEA to obtain advisory services) is
amended as follows.
      (2)
In subsection (1)—
(a)
in paragraph (a), after “by a local education authority” insert “in
10
Wales”, and
(b)
in paragraph (b), for the words from “Secretary” to “Wales)”
substitute “National Assembly for Wales”.
      (3)
In subsection (2), for the words from the beginning to “Wales)” substitute
“The National Assembly for Wales”.
15
      (4)
In subsection (5), omit “of the Secretary of State or, as the case may be,”.
      (5)
In the heading, after “LEA” insert “in Wales”
21    (1)
Section 64 (provisions supplementary to section 63) is amended as follows.
      (2)
In subsections (1) and (2), for “section 63” substitute “section 62A or 63”.
      (3)
In subsection (7)—
20
(a)
in the definition of “the advisory services” for “section 63” substitute
“section 62A or 63”, and
(b)
in the definition of “the relevant person”, in paragraph (a) for
“section 63(2)” substitute “section 62A(2) or 63(2)”.
      (4)
In the heading, for “section 63” substitute “sections 62A and 63”.
25
Education Act 2005 (c. 18)
22
In section 5 of EA 2005 (duty to inspect schools at prescribed intervals), in
subsection (4)(c), for “section 19 or 32 of that Act” substitute “section 16 or 55
of the Education and Inspections Act 2006”.
23
In section 18 of EA 2005 (interpretation of Chapter 2 of Part 1), in paragraph
30
(a) of the definition of “appropriate appointing authority”, omit “, a Church
in Wales school”.

Education and Inspections Bill
Schedule 8 — Travel to schools etc: meaning of “eligible child”
184

Schedule 8
Section 64

Travel to schools etc: meaning of “eligible child”

After Schedule 35A to EA 1996 insert—
“Schedule 35B
Section 508B

Meaning of “eligible child” for purposes of section 508B
5
1
For the purposes of section 508B (travel arrangements for eligible
children) an “eligible child” means a child who falls within any of
paragraphs 2 to 7 or 9 to 12.
Children with special educational needs, a disability or mobility problems
2
A child falls within this paragraph if—
10
(a)
he is of compulsory school age and is any of the
following—
a child with special educational needs;
a disabled child;
a child with mobility problems,
15
(b)
he is a registered pupil at a qualifying school which is
within walking distance of his home,
(c)
no suitable arrangements have been made by the local
education authority for enabling him to become a
registered pupil at a qualifying school nearer to his home,
20
and
(d)
having regard to whichever of the following are relevant—
his special educational needs;
his disability;
his mobility problems,
25

he cannot reasonably be expected to walk to the school
mentioned in paragraph (b).
3
A child falls within this paragraph if—
(a)
he is of compulsory school age and is any of the
following—
30
a child with special educational needs;
a disabled child;
a child with mobility problems,
(b)
he is receiving education at a place other than a school by
virtue of arrangements made in pursuance of section 19(1),
35
and
(c)
having regard to whichever of the following are relevant—
his special educational needs;
his disability;
his mobility problems,
40

he cannot reasonably be expected to walk to that place.

Education and Inspections Bill
Schedule 8 — Travel to schools etc: meaning of “eligible child”
185

Children who cannot reasonably be expected to walk because of nature of routes
4
A child falls within this paragraph if—
(a)
he is of compulsory school age and is a registered pupil at
a qualifying school which is within walking distance of his
home,
5
(b)
no suitable arrangements have been made by the local
education authority for enabling him to become a
registered pupil at a qualifying school nearer to his home,
and
(c)
having regard to the nature of the routes which he could
10
reasonably be expected to take, he cannot reasonably be
expected to walk to the school mentioned in paragraph (a).
5
A child falls within this paragraph if—
(a)
he is of compulsory school age and is receiving education
at a place other than a school by virtue of arrangements
15
made in pursuance of section 19(1), and
(b)
having regard to the nature of the routes which he could
reasonably be expected to take, he cannot reasonably be
expected to walk to that place.
Children outside walking distance where no suitable alternative arrangements made
20
6
A child falls within this paragraph if—
(a)
he is of compulsory school age and is a registered pupil at
a qualifying school which is not within walking distance of
his home,
(b)
no suitable arrangements have been made by the local
25
education authority for boarding accommodation for him
at or near the school, and
(c)
no suitable arrangements have been made by the local
education authority for enabling him to become a
registered pupil at a qualifying school nearer to his home.
30
7
A child falls within this paragraph if—
(a)
he is of compulsory school age and is receiving education
at a place other than a school by virtue of arrangements
made in pursuance of section 19(1),
(b)
that place is not within walking distance of his home,
35
(c)
no suitable arrangements have been made by the local
education authority for boarding accommodation for him
at or near that place, and
(d)
no suitable arrangements have been made by the local
education authority for enabling him to become a
40
registered pupil at a qualifying school nearer to his home.
8     (1)
Where—
(a)
a child of compulsory school age has been excluded from
a relevant school,
(b)
he remains for the time being a registered pupil at the
45
school, and

Education and Inspections Bill
Schedule 8 — Travel to schools etc: meaning of “eligible child”
186

(c)
he is required by the appropriate authority for the school
to attend at a place outside the school premises for the
purpose of receiving any instruction or training,

paragraph 6 has effect as if the place at which the child is required
to attend were a qualifying school and the child were a registered
5
pupil at that school (and not at the school mentioned in paragraph
(b)).
      (2)
For the purposes of sub-paragraph (1)—
(a)
“relevant school” and “appropriate authority” have the
same meaning as in section 444ZA (application of section
10
444 to alternative educational provision), and
(b)
subsection (3) of that section applies in relation to that sub-
paragraph as it applies in relation to subsection (2) of that
section.
Children entitled to free school meals etc
15
9
A child falls within this paragraph if—
(a)
he has attained the age of 8 but not the age of 11,
(b)
he is a registered pupil at a qualifying school which is more
than two miles from his home,
(c)
no suitable arrangements have been made by the local
20
education authority for enabling him to become a
registered pupil at a qualifying school nearer to his home,
and
(d)
the appropriate condition is met in relation to him.
10
A child falls within this paragraph if—
25
(a)
he has attained the age of 8 but not the age of 11,
(b)
he is receiving education at a place other than a school by
virtue of arrangements made in pursuance of section 19(1),
(c)
that place is more than two miles from his home, and
(d)
the appropriate condition is met in relation to him.
30
11
A child falls within this paragraph if—
(a)
he has attained the age of 11,
(b)
he is a registered pupil at a qualifying school which is more
than two miles, but not more than six miles, from his home,
(c)
there are not three or more suitable qualifying schools
35
which are nearer to his home, and
(d)
the appropriate condition is met in relation to him.
12
A child falls within this paragraph if—
(a)
he has attained the age of 11,
(b)
he is receiving education at a place other than a school by
40
virtue of arrangements made in pursuance of section 19(1),
(c)
that place is more than two miles, but not more than six
miles, from his home, and
(d)
the appropriate condition is met in relation to him.
13    (1)
For the purposes of paragraphs 9 to 12, the appropriate condition
45
is met in relation to a child if condition A or condition B is met.

Education and Inspections Bill
Schedule 8 — Travel to schools etc: meaning of “eligible child”
187

      (2)
Condition A is met if the child is within section 512ZB(4)
(provision of free school lunches and milk).
      (3)
Condition B is met if—
(a)
a parent of the child, with whom the child is ordinarily
resident, is a person to whom working tax credit is
5
awarded, and
(b)
the award is at the rate which is the maximum rate for the
parent’s case or, in the case of an award to him jointly with
another, at the rate which is the maximum rate for their
case.
10
Meaning of “qualifying school” etc
14    (1)
The definitions in sub-paragraphs (2) to (5) apply for the purposes
of this Schedule.
      (2)
“Qualifying school” in relation to a child means—
(a)
a community, foundation or voluntary school,
15
(b)
a community or foundation special school,
(c)
a school approved under section 342 (non-maintained
special schools),
(d)
a pupil referral unit,
(e)
a maintained nursery school, or
20
(f)
a city technology college, a city college for the technology
of the arts or an Academy.
      (3)
In relation to a child with special educational needs, an
independent school, other than a college or Academy falling
within sub-paragraph (2)(f), is also a “qualifying school” if—
25
(a)
it is the only school named in the statement maintained for
the child under section 324, or
(b)
it is one of two or more schools named in that statement
and of those schools it is the nearer or nearest to the child’s
home.
30
      (4)
“Disabled child” means a child who has a disability for the
purposes of the Disability Discrimination Act 1995, and
“disability” is to be construed accordingly.
      (5)
“Walking distance” has the meaning given by section 444(5).
      (6)
In the case of a child who is a registered pupil at both a pupil
35
referral unit and at a school other than a unit, references in this
Schedule to the school at which he is a registered pupil are to be
read as references to the unit.”