Amendments proposed to the Education and Inspections Bill - continued	House of Commons
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Mr David Chaytor

215

*Clause     40,     page     29,     line     20,     at end add—

    '(2)   In section 482 (academies) of EA 1996, in subsection (2)—

(a)	omit "and" at the end of paragraph (a), and

(b)	after paragraph (b) insert "and

(c)	does not have admission arrangements which require or authorise any interview with an applicant for admission to the academy 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 academy".'.

   

Mr Edward Leigh

196

Page     29,     line     1,     leave out Clause 40.

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Mr David Willetts
Mr Nick Gibb
Mr John Hayes
Mr David Evennett

91

Clause     41,     page     29,     line     25,     at end insert—

    '(1A)   In section 89 of SSFA 1998 (procedure for determining admissions arrangements) after subsection (3) insert—

    "(3A)   The requirement to consult under subsections (2) and (3) shall not apply where an admissions authority, prior to determining its admission arrangements, decides to make no substantive alterations to its admissions arrangements.".'.

   

Mr David Willetts
Mr Nick Gibb
Mr John Hayes
Mr David Evennett

50

Clause     41,     page     30,     line     2,     leave out 'a prescribed number of' and insert 'the two'.

   

Mr David Willetts
Mr Nick Gibb
Mr John Hayes
Mr David Evennett

51

Clause     41,     page     31,     line     2,     leave out 'prescribed number of' and insert 'the two'.

   

Mr Edward Leigh

197

Page     29,     line     21,     leave out Clause 41.

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Mr David Willetts
Mr Nick Gibb
Mr John Hayes
Mr David Evennett

92

Clause     42,     page     31,     line     26,     at end insert—

    '(1A)   After subsection (2) insert—

    "(2A)   Where an objection is made under subsection (2), the person making the objection to the adjudicator (the "objector") must provide a detailed meritorious case for his decision, setting out why the specific admission arrangement to which he objects damages his school or, in the case of a local education authority, other schools within the authority area, and providing substantive evidence to support his case.

    (2B)   If the objector fails to provide the detailed meritorious case and evidence required in subsection (2A) the adjudicator shall not hear the objection.

    (2C)   If, in the reasonable opinion of the adjudicator an objection by an objector is unreasonable, vexatious, frivolous or otherwise unmeritorious, he shall not hear the objection.

    (2D)   Where an objector has made objection on the same grounds at any time in the previous three years, the adjudicator shall not hear the objection.".'.

   

Mr David Chaytor

216

*Clause     42,     page     31,     line     26,     at end insert—

    '(1A)   In subsection (2) leave out paragraph (c).'.

   

Mr David Willetts
Mr Nick Gibb
Mr John Hayes
Mr David Evennett

52

Clause     42,     page     31,     line     27,     leave out subsection (2).

   

Mr David Willetts
Mr Nick Gibb
Mr John Hayes
Mr David Evennett

54

Clause     42,     page     31,     line     31,     leave out from 'made' to end of line 32.

   

Mr David Willetts
Mr Nick Gibb
Mr John Hayes
Mr David Evennett

55

Clause     42,     page     31,     line     39,     leave out from 'arrangements' to 'and' in line 40.

   

Mr David Willetts
Mr Nick Gibb
Mr John Hayes
Mr David Evennett

53

Clause     42,     page     31,     line     46,     at end insert ', provided those modifications are in line with the character and ethos of the school.'.

   

Mr David Willetts
Mr Nick Gibb
Mr John Hayes
Mr David Evennett

57

Clause     42,     page     31,     line     46,     at end insert—

    '(5D)   Where the adjudicator makes a decision in relation to the admission arrangements of an admission authority, the admission authority may appeal to the Secretary of State.

    (5E)   The Secretary of State may by regulations make provision in relation to appeals under this section, including provision—

(a)	as to the time by which an appeal is to be made,

(b)	as to the manner in which an appeal is to be made,

(c)	as to the procedure to be followed in connection with an appeal, and

(d)	as to the matters to be taken into account in deciding whether to allow an appeal.'.

   

Mr David Willetts
Mr Nick Gibb
Mr John Hayes
Mr David Evennett

93

Clause     42,     page     32,     line     22,     leave out subsection (6).

   

Mr Edward Leigh

198

Page     31,     line     24,     leave out Clause 42.

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Mr David Willetts
Mr Nick Gibb
Mr John Hayes
Mr David Evennett

94

Clause     43,     page     33,     line     8,     at end insert '(1) or'.

   

Mr David Chaytor

217

*Clause     43,     page     33,     line     9,     at end insert—

    '(2B)   If the admission authority for a maintained school in England is the governing body, the governing body may only make such provision for selection by ability as is mentioned in subsection (1A) with the consent of the local education authority.'.

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NEW CLAUSES RELATING TO SCHOOL ADMISSIONS

Admissions administration

   

Sarah Teather
Greg Mulholland
Annette Brooke

NC4

To move the following Clause:—

    '(1)   Chapter 1 of Part III of SSFA 1998 (schools admissions) is amended as follows.

    (2)   After section 89 insert the following section—

    "89A   Admissions administration

    (1)   Admissions administration will receive all applications for places made on behalf of pupils seeking admission to maintained schools, academies, city technology colleges and city colleges for the technology of the arts within its local education authority's area.

    (2)   Admission administration will anonymise these applications so that the identity of individual applicants cannot be identified by the schools for which they have applied or indicated a preference.

    (3)   Admission administration will determine the awarding of places at maintained schools within its local education authority's area having regard to the arrangements which are to apply for that year, established by any admissions authority within that area, including special arrangements provided for in section 91.

    (4)   The person responsible for admissions administration within a local education authority must be employed or commissioned by the local education authority.

    (5)   In this Chapter "admissions administration" means the person responsible for the administration of arrangements for the admissions of pupils to any school within a local education authority's area."'.

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Admission authorities

   

Sarah Teather
Greg Mulholland
Annette Brooke

NC5

To move the following Clause:—

    '(1)   Section 88 of SSFA 1998 (admission authorities and admission agreements) is amended as follows.

    (2)   at end of subsection (1) insert—

"(c)	in relation to schools acquiring foundation status with a foundation, means the local education authority;

(d)	in relation to a new Academy, means the local education authority."'.

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Freedom of selection

   

Mr Edward Leigh

NC8

To move the following Clause:—

    '(1)   A maintained school shall have complete freedom to select pupils by academic or other ability at its absolute discretion.

    (2)   Sections 99 to 103 of SSFA 1998 shall cease to have effect.'.

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Freedom to interview

   

Mr Edward Leigh

NC9

To move the following Clause:—

'A maintained school shall have complete freedom to interview candidates for admission at its absolute discretion, including in cases where the interview plays a part in deciding whether the candidate is to be admitted to the school.'.

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Alteration of admission arrangements

   

Mr Edward Leigh

NC10

To move the following Clause:—

    '(1)   A maintained school shall have complete freedom to alter its admission arrangements as it sees fit.

    (2)   Section 89 of SSFA 1998 shall cease to have effect.'.

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Admissions report by local education authority

   

Mr David Chaytor

NC16

*To move the following Clause:—

'After section 85B of SSFA 1998 insert—

    "85C   Admissions report by local education authority

    (1)   A local education authority shall once in every school year make a report to the admission forum containing the following information—

(a)	the proposed admission arrangements for every school, including academies and city colleges, in the local education authority area,

(b)	the number of applications for each year group admitting pupils for each school,

(c)	the number of pupils accepted for each year group and, if oversubscription criteria are used, the number of pupils selected using each oversubscription criterion, and

(d)	the area which the school recruits pupils compared to the area in which the school is situated.

    (2)   The opinion of the local education authority shall be included in the report as to—

(a)	whether the proposed admission arrangements for each school comply with the Code for School Admissions,

(b)	what changes, if any, each admission authority, or as the case may be the governing body or each academy or city college, should make to their admission arrangements to comply with the Code for School Admissions,

(c)	the accuracy and appropriateness of information given to parents seeking admission to the school, and

(d)	whether the totality of the admission arrangements for the area produces fair access to schools for all pupils, and if not what further action the authority intends to take to ensure fair access to maintained schools and academies and city colleges."'.

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Prepared 30 Mar 2006