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Procedure for giving directions under section 96 of SSFA 1998
Jacqui Smith
NC28
To move the following Clause:—
'In section 97 of SSFA 1998 (procedure for giving directions under section 96)—
| (a) | in subsection (2)(b)— |
| (i) | for "the Secretary of State" (in both places where it occurs) substitute "the appropriate authority", and |
| (ii) | for "his determination" substitute "its determination", |
| (b) | in subsection (3), for "the Secretary of State" substitute "the appropriate authority", |
| (i) | for "the Secretary of State" substitute "the appropriate authority", |
| (ii) | for "if he does so" substitute "if it does so", and |
| (iii) | in paragraph (a)(ii) for "the Secretary of State's" substitute "the appropriate authority's", |
| (d) | in subsection (5) for "The Secretary of State" substitute "The appropriate authority", and |
| (e) | after subsection (6) insert— |
"(6A) In this section, "the appropriate authority" means—
| (a) | in relation to a local education authority in England, the adjudicator, and |
| (b) | in relation to a local education authority in Wales, the Assembly." '. |
Directions to admit child to specified school: supplementary provisions
Jacqui Smith
NC29
To move the following Clause:—
'(1) In section 94 of SSFA 1998 (appeal arrangements: general), in subsection (1)(a) after "section 96" insert "or 97A".
(2) In section 96 of SSFA 1998 (direction to admit child to specified school)—
| (a) | in subsection (3) for "the Secretary of State" substitute "the appropriate authority (within the meaning of section 97)", and |
| (b) | in subsection (8) for "section 97" substitute "sections 97 to 97C". |
(3) After section 97B of SSFA 1998 (inserted by section (Direction to admit looked after child to specified school)) insert—
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." '.
Power of Assembly to make regulations about admission of looked after children
Jacqui Smith
NC33
To move the following Clause:—
'(1) After section 97C of SSFA 1998 (inserted by section (Directions to admit child to specified school: supplementary provisions)) insert—
Looked after children in Wales
97D Power of Assembly to make regulations about admission of looked after children
(1) The Assembly may by regulations make provision about the admission of children looked after by local authorities in Wales ("looked after children") to maintained schools in Wales.
(2) Regulations under subsection (1) may include provision requiring the admission authorities for such schools—
| (a) | to include in their admission arrangements such provision relating to the admission of looked after children as may be prescribed, which may in particular include provision for securing that, subject to prescribed exceptions, such children are to be offered admission in preference to other children; |
| (b) | to admit looked after children in prescribed circumstances, subject to prescribed exceptions. |
(3) Regulations under subsection (1) may provide that any of the preceding provisions of this Chapter—
| (a) | shall not apply in relation to looked after children; |
| (b) | shall apply in relation to such children with prescribed modifications." |
(2) In section 89 of that Act, in subsection (1A)—
| (a) | after "maintained schools" insert "in England", and |
| (b) | after "a local authority" insert "in England".'. |
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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