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S.C.E.

157

 
 

House of Commons

 
 

Tuesday 9th May 2006

 

Standing Committee Proceedings

 

Standing Committee E

 

Education and Inspections Bill


 

[Fifteenth and Sixteenth Sittings]


 

Phil Hope

 

Agreed to

 

That—

 

(1)  

during the remaining proceedings on the Education and Inspections Bill the

 

Standing Committee shall (in addition to its meeting at 10.30 a.m. on

 

Tuesday 9th May) meet—

 

(a)  

at 4.00 p.m. on Tuesday 9th May;

 

(b)  

at 4.00 p.m. on Wednesday 10th May;

 

(c)  

at 9.00 a.m. and 1.00 p.m. on Thursday 11th May;

 

(2)  

the remaining proceedings shall be taken in the order shown in the first

 

column of the following Table;

 

(3)  

the remaining proceedings shall (so far as not previously concluded) be

 

brought to a conclusion at the time specified in the second column of the

 

Table.

 

Proceedings

Time for conclusion of proceedings

 
 

Clauses 42 and 43; new Clauses and

1.00 p.m. on Tuesday 9th May.

 
 

new Schedules relating to school

  
 

admissions; Clause 44; Schedule 5;

  
 

Clause 45; remaining new Clauses and

  
 

new Schedules relating to Part 3;

  
 

Clauses 46 to 57; Schedule 6; Clause

  
 

58; Schedule 7; Clauses 59 and 60; new

  
 

Clauses and new Schedules relating to

  
 

part 4.

  
 

Clauses 61 and 62; new Clauses and

9.55 p.m. on Tuesday 9th May.

 
 

new Schedules relating to Part 5;

  
 

Clauses 63 and 64; Schedule 8; Clause

  
 

65; Schedule 9; Clauses 66 to 72;

  
 

Schedule 10; new Clauses and new

  
 

Schedules relating to travel to schools

  
 

and other places where education or

  
 

training is received.

  
 

Clauses 73 and 74; remaining new

8.00 p.m. on Wednesday 10th May.

 
 

Clauses and new Schedules relating to

  
 

Part 6; Clauses 75 to 83.

  
 

Clauses 84 to 97; new Clauses and new

10.25 a.m. on Thursday 11th May.

 
 

Schedules relating to Part 7.

  
 

Clauses 98 to 101; Schedules 11 and

4.00 p.m. on Thursday 11th May.

 
 

12; Clauses 102 to 135; Schedule 13;

  
 

Clauses 136 to 142; Schedule 14;

  
 

Clause 143; Schedule 15; Clause 144;

  
 

new Clauses and new Schedules

  
 

relating to Part 8; Clauses 145 and 146;

  
 

Schedule 16; Clauses 147 to 151;

  
 

Schedule 17; Clauses 152 and 153;

  
 

remaining new Clauses; remaining new

  
 

Schedules; Clauses 154 to 160;

  
 

Schedule 18; Clauses 161 to 167;

  
 

remaining proceedings on the Bill.

  

 
 

S.C.E.    Standing Committee Proceedings: 9th May 2006            

158

 

Education and Inspections Bill, continued

 
 

 


 

Clause 42.

 

Amendment (92) proposed, in page 31, line 26, at the end, to insert the words—

 

‘(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 John Hayes).


 
 

S.C.E.    Standing Committee Proceedings: 9th May 2006            

159

 

Education and Inspections Bill, continued

 
 

Question proposed, That the Amendment be made.

 

Withdrawn

 


 

Mr David Chaytor

 

Not called  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

 

Not called  52

 

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

 

Mr David Willetts

 

Mr Nick Gibb

 

Mr John Hayes

 

Mr David Evennett

 

Not called  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

 

Not called  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

 

Not called  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

 

Not called  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,


 
 

S.C.E.    Standing Committee Proceedings: 9th May 2006            

160

 

Education and Inspections Bill, continued

 
 

(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

 

Not called  93

 

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

 

Mr Edward Leigh

 

Not selected  198

 

Page  31,  line  24,  leave out Clause 42.

 

Clause Agreed to.

 


 

Mr David Chaytor

 

Withdrawn  450

 

Clause  43,  page  32,  leave out line 27.

 

Mr David Chaytor

 

Not called  451

 

Clause  43,  page  33,  line  1,  after ‘that’, insert ‘a balanced intake of pupils is

 

achieved, that is’.

 

Mr David Willetts

 

Mr Nick Gibb

 

Mr John Hayes

 

Mr David Evennett

 

Negatived on division  94

 

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

 

Mr David Chaytor

 

Not called  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.’.

 

Mr David Chaytor

 

Not called  452

 

Clause  43,  page  33,  line  10,  leave out from ‘(3),’ to end and insert ‘for “subsection

 

(1)” substitute “subsections (1) or (1A)” and add at the end of the subsection “, in Wales

 

or section 17 of the Education and Inspections Act 2006 in England”.’.


 
 

S.C.E.    Standing Committee Proceedings: 9th May 2006            

161

 

Education and Inspections Bill, continued

 
 

Clause Agreed to on division.

 


 

new clauses relating to school admissions

 

Direction to admit looked after child to specified school

 

Jacqui Smith

 

Added  NC27

 

To move the following Clause:—

 

‘(1)    

After section 97 of SSFA 1998 insert—

 

“97A  

Direction to admit looked after child to specified school

 

(1)    

A local authority in England may, in relation to a child looked after by

 

them, give a direction under this section to the admission authority for

 

any school in England other than a school for which the local authority

 

are the admission authority.

 

(2)    

A direction under this section shall not specify a school from which the

 

child is permanently excluded.

 

(3)    

Where a school is specified in a direction under this section, the

 

admission authority shall admit the child to the school.

 

(4)    

Subsection (3) does not affect any power to exclude from a school a pupil

 

who is already a registered pupil there.

 

97B    

Procedure for giving direction under section 97A

 

(1)    

Before deciding to give a direction under section 97A, the local authority

 

shall consult the admission authority for the school they propose to

 

specify in the direction.

 

(2)    

The admission authority for the school shall, within the period of seven

 

days beginning with the day on which they are consulted as mentioned in

 

subsection (1), inform the local authority whether they are willing to

 

admit the child to the school without being directed to do so by the

 

authority.

 

(3)    

Where the local authority decide to give a direction under section 97A

 

specifying a school—

 

(a)    

they shall, before doing so, serve a notice in writing of their

 

decision on—

 

(i)    

the admission authority for the school,

 

(ii)    

if the school is a community or voluntary controlled

 

school and the governing body of the school are not the

 

admission authority, the governing body of the school,

 

(iii)    

if the school is maintained by a local education authority

 

who are not the authority proposing to give the direction

 

and are not the admission authority, the local education

 

authority who maintain the school, and

 

(iv)    

the head teacher of the school, and


 
 

S.C.E.    Standing Committee Proceedings: 9th May 2006            

162

 

Education and Inspections Bill, continued

 
 

(b)    

they shall not give the direction until the period for referring the

 

matter to the adjudicator under subsection (4) has expired and, if

 

it is so referred, until the adjudicator has made such

 

determinations under this section as it appears to him to be

 

appropriate to make in connection with the reference.

 

(4)    

The following persons—

 

(a)    

the admission authority on whom a notice is served under

 

subsection (3)(a)(i), and

 

(b)    

in the case of a notice relating to a child to whom (at the time of

 

service of the notice) section 87(2) applies, the governing body

 

of a community or voluntary controlled school on whom the

 

notice is served under subsection (3)(a)(ii),

 

    

may, within the period of seven days beginning with the day on which the

 

notice was served, refer the matter to the adjudicator and, if they do so,

 

shall inform the local authority.

 

(5)    

A reference under subsection (4) 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.

 

(6)    

If the adjudicator determines that the admission of the child to the school

 

would have the effect mentioned in subsection (5)—

 

(a)    

the local authority may not give a direction under section 97A

 

that the school admit the child, but

 

(b)    

the adjudicator may determine that another school in England is

 

to be required to admit the child.

 

(7)    

A determination under subsection (6)(b) may only be made with the

 

agreement of the local authority who look after the child.

 

(8)    

A determination under subsection (6)(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.

 

(9)    

If the adjudicator determines under subsection (6)(b) that another school

 

is to be required to admit the child, then—

 

(a)    

if the local authority referred to in subsection (1) are the

 

admission authority for that school they shall—

 

(i)    

admit the child to the school, and

 

(ii)    

give notice in writing to the governing body and head

 

teacher of the school of the adjudicator’s decision, and

 

(b)    

in any other case, the local authority shall specify that school in

 

their direction under section 97A.

 

(10)    

A direction under section 97A shall be given by notice in writing and a

 

copy of the notice shall be given by the local authority to the head teacher

 

of the school.”

 

(2)    

In section 84 of SSFA 1998, after subsection (6) (which defines terms used in

 

Chapter 1 of Part 3 of that Act) insert—

 

“(7)    

In this Chapter, references to a child who is looked after by a local

 

authority are to be read in accordance with section 22(1) of the Children

 

Act 1989.”


 
 

S.C.E.    Standing Committee Proceedings: 9th May 2006            

163

 

Education and Inspections Bill, continued

 
 

(3)    

In section 89 of SSFA 1998, in subsection (1A) omit the words “(within the

 

meaning of section 22 of the Children Act 1989)”.

 

(4)    

In section 143 of SSFA 1998 (index) after the entry relating to “child (in Chapter

 

1 of Part 3 but not in sections 96 and 97)” insert—

 

“child looked after by a

section 84(7)”.’.

 
 

local authority (in Chapter

  
 

1 of Part 3)

  
 


 

Procedure for giving directions under section 96 of SSFA 1998

 

Jacqui Smith

 

Added  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”,

 

(c)    

in subsection (4)—

 

(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

 

Added  NC29

 

To move the following Clause:—


 
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