Education and Inspections Bill

House of Commons

Session 2005 - 06
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Other Bills before Parliament

Education and Inspections Bill

Education and Inspections Bill
Part 3 — Further provisions about maintained schools
29

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Prohibition on interviews
After section 88 of SSFA 1998 insert—
“88A
Prohibition on interviews
(1)
No admission arrangements for a maintained school may require or
authorise any interview with an applicant for admission to the school
5
or his parents, where the interview is to be taken into account (to any
extent) in determining whether the applicant is to be admitted to the
school.
(2)
If the maintained school is one at which boarding accommodation is
provided for pupils, subsection (1) does not apply in relation to any
10
interview intended to assess the suitability of an applicant for a
boarding place.
(3)
Where the admission arrangements for a maintained school make
provision for a permitted form of selection by aptitude, subsection (1)
does not prevent the arrangements from requiring or authorising any
15
audition or other oral or practical test to be carried out in relation to an
applicant solely for the purpose of ascertaining the applicant’s aptitude
in accordance with the arrangements.
(4)
In this section, “permitted form of selection by aptitude” is to be read in
accordance with section 99(4).”
20
41
Restrictions on alteration of admission arrangements
(1)
In section 89 of SSFA 1998 (procedure for determining admission
arrangements) after subsection (1) insert—
“(1ZA)
This section has effect subject to sections 89D and 90A (restrictions on
alteration of admission arrangements in England).”
25
(2)
After section 89C of SSFA 1998 insert—
“89D
Power to restrict alteration of admission arrangements following
establishment or expansion
(1)
Subsection (2) applies in relation to a maintained school in England
where—
30
(a)
proposals for the establishment of, or the making of a
prescribed alteration to, the school have been published under
Part 2 of the Education and Inspections Act 2006 or under
section 113A of, or Schedule 7 to, the Learning and Skills Act
2000,
35
(b)
in the case of proposals for the making of a prescribed alteration
to the school, the proposals are for an increase in the number of
pupils that may be admitted to the school or for an enlargement
of the premises,
(c)
the proposals fall to be implemented (with or without
40
modifications), and
(d)
prescribed conditions are satisfied.
(2)
Regulations may provide that, where this subsection applies in relation
to a maintained school—

Education and Inspections Bill
Part 3 — Further provisions about maintained schools
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(a)
the admission arrangements for the initial period (as defined by
subsection (7)) and each of a prescribed number of school years
following that period are to be the arrangements which fall to be
implemented in accordance with the proposals (or in
accordance with the proposals as modified), and
5
(b)
those arrangements may not be varied by the admission
authority for the school except—
(i)
to comply with any duty imposed on them by
regulations under section 89(1A), or
(ii)
in accordance with regulations under subsection (5).
10
(3)
Regulations under subsection (2) may exclude or modify any provision
of section 89 (other than section 89(1A)) in its application to cases to
which the regulations apply.
(4)
Regulations under subsection (2) may provide that in cases to which
the regulations apply the admission arrangements which fall to be
15
implemented in accordance with the proposals (or in accordance with
the proposals as modified) are to be treated for the purposes of section
86(5) to (5B) as having been determined by the admission authority
under section 89.
(5)
Regulations may prescribe circumstances in which an admission
20
authority may refer to the adjudicator proposals to vary admission
arrangements in cases to which regulations under subsection (2) apply.
(6)
Regulations may make provision as to the determination by the
adjudicator of any reference made by virtue of subsection (5).
(7)
In this section—
25
“initial period” means—
(a)
in relation to a maintained school which is being
established, the period beginning with the day on which
the school opens and ending with the beginning of the
first school term to begin after the following July;
30
(b)
in relation to a maintained school which is increasing
the number of pupils that may be admitted to the school
or enlarging its premises, the period beginning with the
first day on which additional pupils may be admitted or
(as the case may be) the enlarged premises are in use and
35
ending with the beginning of the first school term to
begin after the following July;
“prescribed alteration” means an alteration prescribed for the
purposes of section 17 of the Education and Inspections Act
2006.”
40
(3)
After section 90 of SSFA 1998 insert—
“90A
Restriction on alteration of admission arrangements following
adjudicator’s decision
(1)
This section applies where in accordance with section 90(8) the
admission authority for a maintained school in England have revised
45
any admission arrangements applying for a school year.
(2)
The admission authority for the school—

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Part 3 — Further provisions about maintained schools
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(a)
must incorporate the effect of the revision in determining the
admission arrangements for each of a prescribed number of
school years following the school year in relation to which the
revision was made, and
(b)
may not vary those arrangements in such a way as to alter the
5
effect of the revision.
(3)
Subsection (2) does not apply to the extent that—
(a)
the admission authority are required to determine or vary their
admission arrangements in a way which alters the effect of the
revision in order to comply with any duty imposed on them by
10
regulations under section 89(1A), or
(b)
the arrangements may be determined or varied in a way which
alters that effect in accordance with regulations under
subsection (5).
(4)
Regulations may exclude or modify any provision of section 89 (other
15
than section 89(1A)) in its application to cases to which this section
applies.
(5)
Regulations may prescribe circumstances in which an admission
authority to whom subsection (2) applies may refer to the adjudicator
proposals to determine or vary their admission arrangements in a way
20
which alters the effect of a revision made in pursuance of section 90(8).
(6)
Regulations may make provision as to the determination by the
adjudicator of any reference made by virtue of subsection (5).”
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Objections to admission arrangements
(1)
Section 90 of SSFA 1998 (reference of objections to adjudicator or Secretary of
25
State) is amended as follows.
(2)
After subsection (5) insert—
“(5A)
Where the adjudicator or the Secretary of State is required by virtue of
subsection (3)(a) or (b) or (5)(c) to decide whether to uphold an
objection to admission arrangements, he may consider whether it
30
would be appropriate for changes to be made to any aspect of the
admission arrangements, whether or not he would be required to do so
for the purpose of determining the objection.
(5B)
In the case of any objection referred to him under this section, the
adjudicator or the Secretary of State (as the case may be) must publish
35
a report containing the following—
(a)
his decision on the objection,
(b)
any decision he has made on whether it would be appropriate
for changes to be made to the admission arrangements, whether
in the light of his decision on the objection or otherwise, and
40
(c)
his reasons for the decisions mentioned in paragraph (a) and
(b).
(5C)
Where the adjudicator or the Secretary of State (as the case may be)
decides that it would be appropriate for changes to be made to the
admission arrangements, his decision may specify the modifications
45
that are to be made to the arrangements.”

Education and Inspections Bill
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(3)
Subsections (6) and (7) are omitted.
(4)
For subsection (8) substitute—
“(8)
The decisions of the adjudicator or the Secretary of State mentioned in
subsection (5B)(a) and (b) shall, in relation to the admission
arrangements in question, be binding on the admission authority and
5
on all persons by whom an objection may be made under subsection (1)
or (2); and, if the adjudicator or the Secretary of State has decided that
it would be appropriate for changes to be made to the admission
arrangements, those arrangements shall forthwith be revised by the
admission authority in such a way as to give effect to the decision.”
10
(5)
In subsection (9)—
(a)
after paragraph (b) insert—
“(ba)
requiring an admission authority for a maintained
school in England to provide information which—
(i)
falls within a prescribed description, and
15
(ii)
is requested by the adjudicator or the Secretary
of State for the purposes of his functions under
this section;”, and
(b)
in paragraph (c) for “any matters required to be published under
subsection (7) are” substitute “a report required to be published under
20
subsection (5B) is”.
(6)
Omit subsection (10) (which has the effect of requiring certain cases to be
referred by the adjudicator to the Secretary of State).
43
Pupil banding
(1)
In section 101 of SSFA 1998 (permitted selection: pupil banding)—
25
(a)
in subsection (1)—
(i)
for “subsections (2) to (4)” substitute “subsection (2)”, and
(ii)
after “a maintained school” insert “in England or Wales”,
(b)
after subsection (1) insert—
“(1A)
Subject to subsections (2) and (2A), the admission authority for
30
a maintained school in England may make provision for
selection by ability to the extent that the arrangements are
designed to secure—
(a)
that in any year the pupils admitted to the school in any
relevant age group are representative of all levels of
35
ability among such one of the following groups as the
admission arrangements may specify (“the reference
group”)—
(i)
children who are applicants for admission in
that age group to any of two or more schools
40
(including the school in question) in the area of
the local education authority,
(ii)
children in that age group who live in the area of
the local education authority, or
(iii)
children in that age group who live in England,
45
and

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Part 3 — Further provisions about maintained schools
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(b)
that no level of ability is substantially over-represented
or substantially under-represented by comparison with
its representation in the reference group.”,
(c)
in subsection (2) for “subsection (1)” substitute “subsection (1) or (1A)”,
(d)
after subsection (2) insert—
5
“(2A)
If the admission authority for a maintained school in England is
the local education authority, the authority may only make such
provision for selection by ability as is mentioned in subsection
(1A) with the consent of the governing body of the school.”,
(e)
in subsection (3), after “maintained school” insert “in Wales”,
10
(f)
in subsection (4), for the words from the beginning to “any school”
substitute “In the case of a school in Wales, admission arrangements to
which subsection (1) applies are not authorised”, and
(g)
in subsection (5), for “subsection (1)” substitute “subsection (1) or (1A)”.
(2)
In section 102 of SSFA 1998 (permitted selection: aptitude for particular
15
subjects), in subsection (3), for “section 101(1)” substitute “section 101(1) or
(1A)”.
(3)
In section 103 of SSFA 1998 (permitted selection: introduction, variation or
abandonment of provision for such selection)—
(a)
in subsection (2) for “constitutes a prescribed alteration for the
20
purposes of section 28” substitute “constitutes—
(a)
in relation to England, a prescribed alteration for the
purposes of section 17 of the Education and Inspections
Act 2006, and
(b)
in relation to Wales, a prescribed alteration for the
25
purposes of section 28”, and
(b)
in subsection (3) —
(i)
for “section 101(1)” substitute “section 101(1) or (1A)”, and
(ii)
for “the objectives mentioned in section 101(1)(a) and (b)”
substitute “the objectives mentioned in section 101(1)(a) and (b),
30
section 101(1A)(a)(i) and (b), section 101(1A)(a)(ii) and (b) or
section 101(1A)(a)(iii) and (b)”.
Miscellaneous
44
School funding
Schedule 5 contains amendments of Chapter 4 of Part 2 of SSFA 1998 (financing
35
of maintained schools).
45
Removal of requirement to issue code of practice as to relationships between
LEAs and maintained schools in England etc
(1)
Section 127 of SSFA 1998 (code of practice for securing effective relationships
between LEAs and maintained schools) is amended as follows.
40
(2)
In subsection (1)—
(a)
for “Secretary of State” substitute “Assembly”,
(b)
for “he” substitute “it”,
(c)
after “local education authorities” insert “in Wales”, and

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Part 4 — Schools causing concern: England
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(d)
for paragraph (b) substitute—
“(b)
in relation to the discharge of such functions as the
Assembly may determine for the purposes of this
paragraph which are functions exercisable by or on
behalf of such authorities in relation to such schools.”
5
(3)
In subsection (2), after “maintained nursery school” insert “in Wales”.
(4)
For subsection (3) substitute—
“(3)
Subsections (1) and (2) of section 85 shall apply in relation to the code
as they apply in relation to a code under section 84 relating to Wales.”
(5)
In subsection (4), for “Secretary of State” substitute “Assembly”.
10
(6)
Omit subsections (5) and (6).
(7)
In the heading, and in the italic heading immediately above it, after
“maintained schools” insert “in Wales”.
Part 4
Schools causing concern: England
15
Introduction
46
Meaning of “maintained school” and “eligible for intervention”
(1)
In this Part “maintained school” means any of the following schools in
England—
(a)
a community, foundation or voluntary school,
20
(b)
a community or foundation special school, or
(c)
a maintained nursery school.
(2)
In this Part, references to a school being “eligible for intervention” are to be
read in accordance with—
section 47 (warning notice by local education authority),
25
section 48 (schools requiring significant improvement), and
section 49 (schools requiring special measures).
Schools that are eligible for intervention
47
Warning notice by local education authority
(1)
A maintained school is by virtue of this section eligible for intervention if—
30
(a)
the local education authority have given the governing body a warning
notice in accordance with subsection (2),
(b)
the period beginning with the day on which the warning notice is given
and ending with the fifteenth working day following that day (“the
initial period”) has expired,
35
(c)
either the governing body made no representations under subsection
(7) to the Chief Inspector against the warning notice during the initial
period or the Chief Inspector has confirmed the warning notice under
subsection (8),

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(d)
the governing body have failed to comply, or secure compliance, with
the notice to the authority’s satisfaction by the end of the compliance
period (as defined by subsection (10)), and
(e)
the authority have given reasonable notice in writing to the governing
body that they propose to exercise their powers under any one or more
5
of sections 50 to 53 (whether or not the notice is combined with a notice
under section 62(2A)(c) of SSFA 1998).
(2)
A local education authority may give a warning notice to the governing body
of a maintained school where the authority are satisfied—
(a)
that the standards of performance of pupils at the school are
10
unacceptably low, and are likely to remain so unless the authority
exercise their powers under this Part, or
(b)
that there has been a serious breakdown in the way the school is
managed or governed which is prejudicing, or likely to prejudice, such
standards of performance, or
15
(c)
that the safety of pupils or staff of the school is threatened (whether by
a breakdown of discipline or otherwise).
(3)
For the purposes of subsection (2)(a) the standards of performance of pupils at
a school are low if they are low by reference to any one or more of the
following—
20
(a)
the standards that the pupils might in all the circumstances reasonably
be expected to attain,
(b)
where relevant, the standards previously attained by them, or
(c)
the standards attained by pupils at comparable schools.
(4)
For the purposes of this section a “warning notice” is a notice in writing by the
25
local education authority setting out—
(a)
the matters on which the conclusion mentioned in subsection (2) is
based,
(b)
the action which they require the governing body to take in order to
remedy those matters,
30
(c)
the initial period applying under subsection (1)(b), and
(d)
the action which the local education authority are minded to take
(under one or more of sections 50 to 53 or otherwise) if the governing
body fail to take the required action.
(5)
The warning notice must also inform the governing body of their right to make
35
representations under subsection (7) during the initial period.
(6)
The local education authority must, at the same time as giving the governing
body the warning notice, give a copy of the notice to each of the following
persons—
(a)
the Chief Inspector,
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(b)
the head teacher of the school,
(c)
in the case of a Church of England school or a Roman Catholic Church
school, the appropriate diocesan authority, and
(d)
in the case of a foundation or voluntary school, the person who
appoints the foundation governors.
45
(7)
Before the end of the initial period, the governing body may make
representations in writing to the Chief Inspector against the warning notice,
and must send a copy of any such representations to the local education
authority.