House of Commons - Explanatory Note
Education And Inspections Bill - continued          House of Commons

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Clause 85: Parenting orders in cases of exclusion or misbehaviour

428.     Section 20 of the Anti-social Behaviour Act 2003 makes provision for local education authorities to apply to magistrates' courts for parenting orders in cases of exclusion from school. This clause amends section 20 to also enable orders to be applied for where a pupil has seriously misbehaved but not been excluded and to allow schools to apply for orders.

429.     Subsection (3) enables a "relevant body" to apply for an order. A relevant body is defined in subsection (9) of section 20, inserted by subsection (6) of this clause, as a local education authority and the governing body of a maintained school, or the proprietor of an Academy, a city technology college, or a city college for the technology of the arts, at which the person concerned is a pupil or from which he has been excluded.

430.     Subsection (4) of this clause inserts subsections (2A) and (2B) into section 20, which add an alternative trigger under which an application for a parenting order can be made. This is where the pupil has behaved in such a way that he could have been excluded permanently or for a fixed period and any other conditions specified in regulations are met. This subsection also makes clear that any policy that the school might have to restrict exclusions or to restrict exclusions in certain circumstances is not relevant in this context; the relevant factor is the seriousness of the misbehaviour.

431.     Subsection (5) of this clause inserts subsection (3) into section 20. It says that the court can make a parenting order under section 20 if it is satisfied that the type of behaviour described in subsection (4) has occurred and that making the order would be desirable in the interests of improving the pupil's behaviour.

Clause 86: Parenting contracts and parenting orders: further provisions

432.     Subsection (2) amends section 21 of the Anti-social Behaviour Act 2003. This means that when a court is considering whether to grant a parenting order for misbehaviour it must take into account any previous failure by the parent to attend a reintegration interview (see clause 89).

433.     Subsection (3) inserts section 22A into the Anti-social Behaviour Act. It enables regulations to be made by the Secretary of State to make provision for which local education authority should have the power to enter into a parenting contract or apply for an order when the child lives in one authority but attends school in another; which school should have the power to apply for an order where the pupil has been

permanently excluded; requirements to consult and share information; and how the costs associated with a parenting order should be met.

Clause 87: Duty of governing body or proprietor where pupil excluded for fixed period

434.     This clause introduces a duty for schools to provide suitable full-time education to temporarily excluded pupils.

435.     In subsection (1) the clause imposes a duty to that effect. Currently there is no obligation for schools to provide any education to excluded pupils. They are expected to send work home for the pupil to complete. This subsection also gives power to the Secretary of State to prescribe exceptions to this duty.

436.     Subsection (2) states that regulations will prescribe the day from which such full-time education must be provided.

437.     Subsection (3) prescribes that such education may be provided on the premises of the excluding school only if it is provided in pursuance of arrangements with at least one other school for the education of excluded pupils from both that and that other or those other schools.

438.     Subsection (4) provides that the governing body of the school must have regard to the Secretary of State's guidance in making arrangements for educating excluded pupils.

439.     Subsection (5) defines governing body to include the proprietor of an Academy, city technology college (CTC) and a city college for the technology of the arts (CCTA).

Clause 88: Duty of local education authority in relation to excluded pupils

440.     This clause amends section 19 of the 1996 Act to require local education authorities to provide permanently excluded pupils with suitable full-time education. Currently, section 19 requires local education authorities to make suitable education available to children who are out of school for any reason. However, section 19 does not specify that such education should be full-time in the case of excluded pupils and this clause makes that clear. It provides power for the Secretary of State to prescribe exceptions to this duty.

441.     The clause also requires local education authorities to make suitable full-time education available to pupils excluded for fixed periods from a pupil referral unit.

Clause 89: Reintegration interviews

442.     Subsection (1) introduces a new power which enables regulations to be made by the Secretary of State, and the National Assembly for Wales:

      (a)     specifying the circumstances in which maintained schools, Academies, city technology colleges and city colleges for the technology of the arts must arrange reintegration interviews with the parents of temporarily excluded pupils; and

      (b)     specifying the procedures and time limits connected with such an interview.

443.     The purpose of such an interview is to engage with the parent and so to assist the reintegration of a pupil excluded for a fixed period and to promote an improvement in his behaviour. Clause 86 amends section 21 of the Anti-social Behaviour Act 2003 to say that a court must take into account the unreasonable failure by a parent to attend a reintegration interview when deciding to make a parenting order.

Clause 90: Duty of parent in relation to excluded pupil

444.     This clause applies where a pupil is excluded from a relevant school in England for a fixed period or permanently and notice under clause 91 has been given to a parent of the pupil.

445.     Subsection (2) imposes a duty on the parent to ensure that the excluded pupil is not present in a public place during normal school hours on a day which is one of the first five school days to which the exclusion relates and is specified in the notice under clause 91 (or, in the case of an exclusion for a fixed period of 5 days or less, on any of the days to which the exclusion relates which is specified in the notice).

446.     Subsection (3) provides that the parent commits an offence if the parent fails in this duty, unless the parent has a reasonable justification for the failure.

447.     Subsection (4) sets out the sanction if found guilty of the offence. This will be a fine not exceeding level 3 on the standard scale.

448.     Subsection (5) provides that only a local education authority can institute proceedings against the parent.

449.     Subsection (6) provides that if the child is excluded before the start of the afternoon session, that day will count as the first day of the exclusion

450.     Subsection (7) defines "parent", "public place" and "school hours" for the purposes of the clause.

Clause 91: Notice to parent relating to excluded pupil

451.     This clause relates to the notice the parent will receive from the school when their child is excluded. Subsection (1) requires the head teacher to give the parent of an excluded pupil a notice containing prescribed information.

452.     Subsection (2) requires the notice to include information about the exclusion, specifying the day on which full-time education will be provided. Subsection (3) says that the notice must set out the days on which the parent is subject to the duty set out in clause 90 to ensure that the pupil is not in a public place during school hours. That responsibility will not exceed five days.

453.     Subsection (6) ensures that the notice can be served by any effective method (for example, by sending it home with the child) and does not have to be served by one of the methods set out in section 572 of the 1996 Act.

454.     Subsection (7) allows regulations to be made enabling the notice issued to the parent under this section to be combined with the notice the parent receives under section 52(3) of the 2002 Act when their child is excluded.

Clause 92: Penalty notice in respect of presence of excluded pupil in public place

455.     This allows for a penalty notice to be given to a parent guilty of an offence under clause 90. The penalty notice will allow a parent to pay a penalty as a way of discharging any liability for the clause 90(3) offence of failing to ensure that their child is not present in a public place.

456.     Subsection (6) allows for regulations to permit the local education authority to retain the revenue they receive from penalty notices to cover the costs of enforcement; and requires it to remit any surplus to the Secretary of State.

457.     Only authorised persons may issue a penalty notice. These are defined in subsection (7). The definition of "authorised staff member" is the same as that in section 444B of the 1996 Act.

Clause 93: Penalty notices: supplemental

458.     This clause provides for the Secretary of State to make regulations about the administration of penalty notices. The clause says that regulations may specify the form and content of penalty notices; the amount of the penalty, time limits for its payment and to whom it should be paid; how it may be paid and which persons may issue it.

Clause 94: Removal of excluded pupils to designated premises

459.     This clause amends section 16 of the Crime and Disorder Act 1998 to allow police to remove excluded pupils from a public place to a designated place. At the moment police have the power to remove pupils who should be at school ("truants") from a public place to either their school or premises designated by the local education authority and the police. The effect of this amendment would be to allow police to remove an excluded pupil from a public place to premises designated by the local education authority and notified to the police (for example the offices of the local education authority).

460.     The clause also amends Schedule 4 to the Police Reform Act 2002. The paragraph 4C being amended is to be added to Schedule 4 to that Act by the Police and Justice Bill.

Clause 95: Failure by excluded pupil to attend educational provision on school site

461.     This clause inserts new subsection (7A) into section 444 of the 1996 Act, to make it an offence for a parent to fail to secure the attendance of a pupil temporarily excluded from a local authority maintained school, an Academy, city technology college (CTC) or city college for the technology of the arts (CCTA) at full-time education provided for him at the school. It also inserts new subsection (7B) defining the appropriate authority.

Clause 96: Sums received under section 444A of 1996 Act

462.     This clause substitutes subsection (6) of section 444A of the 1996 Act allowing local education authorities to use receipts from penalty notices for any of their functions specified in regulations. Any sums not so used must be paid to the Secretary of State.

Clause 97: Meaning of "maintained school" and "relevant school" in Chapter 2

463.     This section defines "maintained schools" and "relevant school" for the purposes of the Chapter.

PART 8 - INSPECTIONS

464.     This Part of the Bill provides for the establishment of the Office for Standards in Education, Children's Services and Skills and a new office of Chief Inspector of Education, Children Services and Skills. The new arrangements bring together the existing remit of HM Chief Inspector of Schools in England, the children's social care remit of the Commission for Social Care Inspection, the Children and Family Court Advisory and Support Service inspection remit of Her Majesty's Inspectorate of Court Administration and the inspection remit of the Adult Learning Inspectorate.

465.     The Government announced in March 2005 the intention to reduce the number of public service inspectorates from eleven to four, with the aim of enabling better co-ordination and reduced duplication, better and wider identification and promulgation of best practice, a greater ability to track the experience of users across service and institutional boundaries and the ability to prioritise work within larger bodies to focus on emerging concerns.

466.     The following definitions are used in these notes in relation to Part 8:

    *     The Office means the Office for Standards in Education, Children's Services and Skills

    *     Chief Inspector means Her Majesty's Chief Inspector of Education, Children's Services and Skills

    *     HMI means Her Majesty's Inspectors of Education, Children's Services and Skills

    *     CSCI means the Commission for Social Care Inspection

    *     CAFCASS means the Children and Family Court Advisory and Support Service

    *     ALI means the Adult Learning Inspectorate

    *     HMICA means Her Majesty's Inspectorate of Court Administration.

Chapter 1 - The Office and the Chief Inspector

Clause 98: Office for Standards in Education, Children's Services and Skills

467.     This clause establishes the Office for Standards in Education, Children's Services and Skills, and provides that its functions are to be carried out on behalf of the Crown. The clause also gives effect to Schedule 11.

Schedule 11: The Office for Standards in Education, Children's Services and Skills

468.     Schedule 11 sets out in detail how the Office will be constituted: that it will comprise a chairman and between 5 and 10 members (all to be appointed by the Secretary of State) and the Chief Inspector. The Schedule contains further detail about the terms of appointment of the chairman and members other than the Chief Inspector, including provision for their remuneration and the payment of pensions, allowances and gratuities - all to be determined by the Secretary of State. See Schedule 12 for further provision about the Chief Inspector.

469.     Paragraph 6 enables the Office to employ staff, with this power to be exercisable only by the Chief Inspector on behalf of the Office. The Chief Inspector is responsible for the management of staff. Paragraph 12 enables the Office to enter into contracts and acquire property but again these powers are to be exercisable only by the Chief Inspector on behalf of the Office, and he will be responsible for the management of the property and accommodation.

470.     The Schedule also contains provisions for the procedural operation of the Office and the exercise of its functions. These include powers to establish committees and sub-committees and to regulate its proceedings.

Clause 99: Her Majesty's Chief Inspector of Education, Children's Services and Skills

471.     This clause establishes the office of Her Majesty's Chief Inspector of Education, Children's Services and Skills (subsection (1)) and abolishes the office of Her Majesty's Chief Inspector of Schools in England (subsection (8)). The Chief Inspector is appointed to office by Her Majesty by Order in Council, though the person in post as Her Majesty's Chief Inspector of Schools in England at the time the clause comes into force will be the first Chief Inspector (subsection (9)). The Chief Inspector's terms of appointment are determined by the Secretary of State (subsection (5)). A term of office may be no more than five years, though a previous post-holder is not barred from reappointment (subsections (6) and (7)). Subsection (6)(c) sets out grounds on which the Chief Inspector may be removed from office.

Clause 100: Her Majesty's Inspectors of Education, Children's Services and Skills

472.     This clause provides for the appointment of Her Majesty's Inspectors of Education, Children's Services and Skills ("HMIs") by Her Majesty by Order in Council (subsection (1)). HMIs will be staff of the Office (subsection (3)) and will cease to be HMIs on ceasing to be a member of staff (subsection (5)). It also allows for existing HM Inspectors of Schools in England to become HMIs (subsections (6) and (7)).

Clause 101: Further provision about Chief Inspector and other inspectors etc.

473.     This clause gives effect to Schedule 12.

Schedule 12: The Chief Inspector and other inspectors

474.     Schedule 12 draws on current arrangements for Her Majesty's Chief Inspector of Schools in England in Schedule 1 to the 2005 Act (which is repealed by the Bill), as well as setting out other arrangements for the Chief Inspector.

Schedule 12, Part 1 - The Chief Inspector

475.     Paragraph 1 provides that the Secretary of State will determine the remuneration and pension that the Office is to pay to the Chief Inspector.

476.     Paragraphs 2 and 3 set out provisions covering the performance of the Chief Inspector's functions during any vacancy or any incapacity of the Chief Inspector. Paragraphs 4, 5 and 7 contain technical provisions about the Chief Inspector.

477.     The Chief Inspector is to be both a member of the Office and an office-holder on whom functions are conferred by Part 8 and other enactments. Paragraph 7(1) sets out the general rule that functions conferred on the Chief Inspector by virtue of Part 8 or any other enactment are conferred on him in his capacity as holder of the office of Chief Inspector. Paragraph 7(2) sets out the exceptions to this rule. As a result of paragraph 8, the Chief Inspector is to be regarded as part of the non-Ministerial Government Department constituted by the Office for all purposes relating to that

department. Any necessary details of particular responsibilities flowing from this arrangement will be set out in an order under the paragraph.

Schedule 12, Part 2 - Inspectors etc. acting on behalf of Chief Inspector

478.     Paragraph 9 re-enacts paragraph 5 of Schedule 1 to the 2005 Act. It has the effect that, subject to the following exceptions, any of the functions of the Chief Inspector under this Act or any other Act may be fulfilled by: any HMI; any other member of the staff of the Office; or any additional inspector (see paragraphs 11 and 12 in relation to additional inspectors). The exceptions are that a report concluding that special measures are required must be personally authorised by the Chief Inspector or an HMI specifically authorised to do so (sub-paragraph (2)) and that an additional inspector cannot take part in an inspection under section 5 of the 2005 Act unsupervised by an HMI unless he has previously conducted such an inspection to the satisfaction of an HMI (paragraph 11(5)).

479.     Paragraph 10 requires the Chief Inspector to ensure that any HMI, member of staff of the office or an additional inspector carrying out any of the activities within the Chief Inspector's remit activity has the necessary qualifications, experience and skills

480.     Paragraph 11 gives the Chief Inspector the ability to appoint inspectors to assist the Chief Inspector to fulfil his functions. Such inspectors will be engaged either directly or through an inspection service provider, and will be known as additional inspectors.

481.     Paragraph 12 sets out provisions relating to the use of inspection service providers. When engaging additional inspectors through an inspection service provider, the Chief Inspector must publish a statement of the qualifications and/or experience, standards and skills which additional inspectors are required to have. He must also publish a list of names given to him by the inspection service provider of persons who may be used in future as additional inspectors. The Chief Inspector must ensure that any arrangements he makes with inspection service providers require them to ensure that additional inspectors meet the published requirements.

Clause 102: Functions of the Office

482.     This clause provides for the Office to have the function of determining the strategic priorities, objectives and targets for the Chief Inspector in connection with the performance of his functions, and to secure that the Chief Inspector's functions are performed efficiently and effectively. The Office will set the strategic direction of the Office and hold the Chief Inspector to account for his performance of the functions relating to inspection and as a registration authority that are conferred on him.

Clause 103: Performance of Office's functions

483.     This clause provides that the general purpose of the Office is to perform its functions to encourage the improvement of activities within the Chief Inspector's remit, the carrying on of those activities as user-focused activities, and the efficient and effective use of resources in the carrying out of those activities. In addition, in performing its functions, the Office is to have regard to the matters in subsection (2). These are intended, as far as is possible, to reflect the Government's ten principles of public sector inspection. Subsections (4) to (6) contain definitions, including in subsection (6) an explanation of the activities that are within the Chief Inspector's remit and in subsection (4) a definition of "relevant persons" interested in the activities within the Chief Inspector's remit - namely persons who have an interest in those activities as persons for whom they are carried out, parents or employers.

Clause 104: Functions of the Chief Inspector

484.     This clause sets out the Chief Inspector's general duty to keep the Secretary of State informed about the quality and standards, improvement, user-focus and efficiency and effectiveness of the activities within his remit. It also requires the Chief Inspector to provide information or advice on matters relating to those activities at the Secretary of State's request (subsection (2)) and enables the Chief Inspector to give advice to the Secretary of State of his own volition (subsection (3)).

Clause 105: Performance of Chief Inspector's functions

485.     This clause requires the Chief Inspector to perform his functions in such a way as to encourage improvement in the performance of the activities within his remit. It also requires the Chief Inspector to discharge his functions efficiently and effectively and with regard to the needs of users of services within his remit. These duties reflect those placed upon the Office in clause 103. In performing his functions the Chief Inspector must have regard to the same matters as the Office does in performing its functions (subsection (3)).

Clause 106: Children's Rights Director

486.     This clause establishes the post of the Children's Rights Director as an employee of the Office. The post replaces that of Children's Rights Director in the Commission for Social Care Inspection (as to which, see paragraph 5(2) of Schedule 7 to the Health and Social Care (Community Health and Standards) Act 2003). Subsection (2) enables the Secretary of State to make regulations setting out the functions of the Children's Rights Director; his functions will relate only to the functions described in subsection (3).

Clause 107: Annual report and other reports to Secretary of State

487.     This clause requires the Chief Inspector to make an annual report to the Secretary of State, who in turn must lay this report before Parliament. It gives the Chief Inspector power to make such other reports as he considers appropriate. He may publish any report he makes under the clause in whatever manner he considers appropriate.

Chapter 2 - General transfer of functions

Clause 108: General transfer of functions to the Chief Inspector

488.     Clause 108 transfers to the Chief Inspector all functions of the existing HM Chief Inspector of Schools in England (subject to any changes made by Part 8). The functions include inspections of schools, the inspection and regulation of child minding, day care and nursery education, inspection of independent schools and inspection of teacher training provision.

Chapter 3 - Inspection of Further Education and Training etc

489.     This Chapter covers the inspection of further education colleges and other education and training providers. It also covers area inspections, which are concerned with the provision of education or training, in a specified area in England, for persons who are aged 15 or over but under 19.

 
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Prepared: 28 February 2006