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

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Looked after children to whom section 87(2) of SSFA 1998 applies: references to adjudicator

   

Jacqui Smith

NC30

To move the following Clause:—

    '(1)   In section 95 of SSFA 1998 (appeals relating to children to whom section 87(2) applies) after subsection (2) insert—

          "(2A)   Subsection (2) does not apply in relation to a decision made by or on behalf of a local education authority in England to admit to a school a child who is looked after by a local authority in England (provision for references to the adjudicator in relation to such a decision being made by section 95A)."

    (2)   After that section insert—

          "95A   References relating to looked after children to whom section 87(2) applies

          (1)   This section applies where—

          (a) a local education authority in England are the admission authority for a community or voluntary controlled school, and

          (b) a decision is made by or on behalf of the authority to admit to the school a child who, at the time when the decision is made, is looked after by a local authority in England and to whom (at that time) section 87(2) applies.

          (2)   The local education authority must give notice of the decision to the governing body of the school.

          (3)   The governing body of the school may, within the period of seven days beginning with the day on which they are notified of the decision, refer the matter to the adjudicator.

          (4)   A reference under subsection (3) may only be made on the ground that the admission of the child to the school would seriously prejudice the provision of efficient education or the efficient use of resources.

          (5)   If the adjudicator determines that the admission of the child to the school would have the effect mentioned in subsection (4)—

          (a) the decision to admit the child to the school shall cease to have effect, but

          (b) the adjudicator may determine that another maintained school in England is to be required to admit the child.

          (6)   A determination under subsection (5)(b) may only be made with the agreement of the local authority who look after the child.

          (7)   A determination under subsection (5)(b) may not be made if—

          (a) the child is permanently excluded from the other school, or

          (b) the admission of the child to the other school would seriously prejudice the provision of efficient education or the efficient use of resources.

          (8)   If the adjudicator determines under subsection (5)(b) that another school is to be required to admit the child—

          (a) the admission authority for the school shall admit the child to the school, and

          (b) if the admission authority are not the governing body of the school, the admission authority shall give notice in writing to the governing body and head teacher of the school of the adjudicator's decision.

          (9)   Regulations may make provision—

          (a) requiring the adjudicator to consult prescribed persons or persons of a prescribed description before making any determination in connection with a reference under this section;

          (b) requiring an admission authority for a maintained school to provide information which—

          (i) falls within a prescribed description, and

          (ii) is requested by the adjudicator for the purposes of any such determination." '.


Provision of advice by adjudicator

   

Jacqui Smith

NC31

To move the following Clause:—

    'In section 25 of SSFA 1998 (adjudicators) after subsection (3) insert—

          "(3A)   When asked to do so by the Secretary of State, an adjudicator must give advice to the Secretary of State on such matters relating to the admission of pupils to relevant schools as the Secretary of State may specify.

          (3B)   The adjudicator may, for the purposes of providing such advice to the Secretary of State, request any of the following persons to provide him with such information held by them as the adjudicator may specify—

          (a) the admission authority (within the meaning of Chapter 1 of Part 3) of a community, foundation or voluntary school;

          (b) the proprietor of any other relevant school.

          (3C)   A person so requested by the adjudicator to provide information must comply with the request.

          (3D)   In subsections (3A) and (3B), "relevant school" means a school in England falling within any of paragraphs (a) to (f) of section 5(2) of the Education Act 2005." '.


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."'.


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."'.


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.'.


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.'.


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.'.


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."'.


   

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

176

Schedule     5,     page     170,     line     14,     leave out 'from a date determined in accordance with regulations' and insert '15 months prior to the school admitting pupils or, in the case of the temporary governing body not being established for 15 months prior to the admission of pupils, at the point it is established.'.

   

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

177

Schedule     5,     page     171,     line     23,     at end insert 'and such circumstances shall include those cases where a schools forum cannot reach a unanimous decision.'.

   

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

170

Schedule     5,     page     171,     line     29,     leave out paragraph 6.



 
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