sc1340905.168-174

House of Commons

Session 2005 - 06
Internet Publications
Other Bills before Parliament

S.C.E.    Standing Committee Proceedings: 9th May 2006
168

Education and Inspections Bill, continued

“(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

Not called  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

Not called  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

Not called  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.’.

S.C.E.    Standing Committee Proceedings: 9th May 2006
169

Education and Inspections Bill, continued

Admissions report by local education authority

Mr David Chaytor

Not called  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.”’.

Retention of selection by ability or aptitude after parent ballot

Mr David Chaytor

Not called  NC51

To move the following Clause:—

‘(1)
The Secretary of State must, after consultation, by regulations, make—

(a)
such supplementary, incidental or consequential provision, or

(b)
such transitional, transitory or saving provision,


as he considers necessary or expedient for the purposes of, in consequence of, or

for giving full effect to subsection (2).

(2)
Regulations under subsection (1) must, in particular, make provision to—

S.C.E.    Standing Committee Proceedings: 9th May 2006
170

Education and Inspections Bill, continued

(a)
amend or repeal Part 3, Chapter 2 (selection of pupils) of SSFA 1998 to

provide for the legislation to be consistent with the general principle that

there must be a ballot of parents of pupils attending local primary schools

if any secondary school is to continue to select pupils by ability or

aptitude after the school year starting on or after 1st August 2011, and

(b)
amend or revoke any subordinate legislation (within the meaning of the

Interpretation Act 1978) made before the passing of this Act necessary to

achieve the principle set out above.

(3)
Nothing in this Act is to be regarded as limiting the generality of subsection (1).’.

Reports on school admissions

Sarah Teather

Greg Mulholland

Annette Brooke

Not called  nc53

To move the following Clause:—

‘(1)
A local education authority in England may prepare and publish reports on such

matters connected with the admission of pupils to maintained schools, Academies

or City Technology Colleges in that area as may be prescribed.

(2)
For the purposes of the preparation of a report under section (1), a local education

authority may request any of the following bodies to provide the authority with

any information held by them which falls within a prescribed description and is

specified by the authority in its request—

(a)
the governing body of any maintained school, Academy or City

Technology College in the area for which the local education authority

has responsibility or whose catchments area falls into that area;

(b)
any local education authority in England for an area which adjoins the

area of the authority requesting the information.

(3)
A body mentioned in paragraph (a) or (b) of subsection (2) must comply with a

request made by a local education authority in pursuance of that subsection.’.

Mr David Willetts

Mr Nick Gibb

Mr John Hayes

Mr David Evennett

Withdrawn  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.’.

S.C.E.    Standing Committee Proceedings: 9th May 2006
171

Education and Inspections Bill, continued

Mr David Willetts

Mr Nick Gibb

Mr John Hayes

Mr David Evennett

Not called  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

Not called  170

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

Schedule Agreed to.

Clause 45 Agreed to.

REMAINING NEW CLAUSES RELATING TO PART 3

Maintained schools to become independent charitable trusts

Mr Edward Leigh

Mrs Nadine Dorries

Not called  NC13

To move the following Clause:—

‘(1)
All maintained schools shall become independent charitable trusts.

(2)
The Secretary of State must make regulations to give effect to subsection (1).

(3)
Regulations under subsection (2) must provide for the trusts established in

pursuance of subsection (1) to be funded on the same basis as grant-maintained

schools established under the provisions of the Education Reform Act 1988.’.

Foundation schools: independence of governing bodies from foundations

Mr David Chaytor

Sarah Teather

Greg Mulholland

Annette Brooke

Not called  NC17

To move the following Clause:—

‘The instrument of government for a foundation or foundation special school

established pursuant to proposals made under section 7 may not provide for the

majority of governors to be foundation governors nor may any alteration be made

pursuant to proposals published under section 18 to the instrument of government

S.C.E.    Standing Committee Proceedings: 9th May 2006
172

Education and Inspections Bill, continued

of any foundation or foundation special school so as to provide for the majority

of governors to be foundation governors.’.

Powers of local education authority in respect of support services

Mr David Chaytor

Withdrawn  NC18

To move the following Clause:—

‘(1)
A local eduction authority in England may make such provision as it thinks fit to

ensure the availability to schools maintained by it of education and child-related

support services.

(2)
Services made available under this section may include—

(a)
services for children with special educational needs, looked after children

and children educated otherwise than in school;

(b)
behaviour support services;

(c)
educational psychology services;

(d)
curriculum advisory services; and

(e)
such other services as the authority may consider desirable.’.

Maintained schools to become grant-maintained schools

Mr Edward Leigh

Not called  NC19

To move the following Clause:—

‘(1)
All maintained schools shall become grant-maintained schools within the

meaning of the Education Reform Act 1988.

(2)
Local education authorities shall cease to play any part in the allocation of school

funding.

(3)
The Secretary of State must make regulations to give effect to subsections (1) and

(2).’.

Compulsory grant maintained status

Mr Edward Leigh

Mrs Nadine Dorries

Not selected  nc34

To move the following Clause:—

‘Whereas under the provisions of the Education Reform Acts 1988 and 1993,

consolidated in the Education Act 1996, the transition to grant maintained status

S.C.E.    Standing Committee Proceedings: 9th May 2006
173

Education and Inspections Bill, continued

was optional by a ballot of parents of maintained schools, it shall now become

compulsory, so that the local education authority ceases to play any part in the

allocation of school funding.’.

Primary school federations

Mr Edward Leigh

Not selected  nc36

To move the following Clause:—

‘Any maintained primary school wishing to join a federation of five other

maintained primary schools in order to enable the management of its budget to be

overseen by the governing body of that federation shall be permitted so to do

upon application to the independent funding council appointed under section

[Abolition of Department for Education and Skills].’.

Use of property held in trust for purposes of primary education

Dr Roberta Blackman-Woods

Ms Angela C. Smith

Withdrawn  nc56

To move the following Clause:—

‘A local authority which holds property as a trustee for purposes to which the

Elementary Education Act 1870 applied may apply the capital and income of

such property for the purposes of primary education.’.

Sarah Teather

Greg Mulholland

Annette Brooke

Withdrawn  507

Clause  46,  page  34,  line  22,  at end insert—

‘(1A)
In this part “relevant school” means any of the following schools in England—

(a)
an Academy,

(b)
a city technology college, or

(c)
a city college for the technology of the arts.’.

Clause Agreed to.

S.C.E.    Standing Committee Proceedings: 9th May 2006
174

Education and Inspections Bill, continued

Sarah Teather

Greg Mulholland

Annette Brooke

Not called  508

Clause  47,  page  34,  line  30,  after ‘school’, insert ‘or other relevant school’.

Mr David Chaytor

Withdrawn  453

Clause  47,  page  34,  line  34,  leave out ‘fifteenth’ and insert ‘twentieth’.

Sarah Teather

Greg Mulholland

Annette Brooke

Not called  509

Clause  47,  page  35,  line  9,  after ‘school’, insert ‘or other relevant school’.

Mr David Chaytor

Not called  454

Clause  47,  page  36,  line  13,  leave out ‘fifteenth’ and insert ‘twentieth’.

Mr David Willetts

Mr Nick Gibb

Mr John Hayes

Mr David Evennett

Negatived on division  165

Clause  47,  page  35,  line  14,  leave out from ‘governed’ to ‘or’ in line 15.

Mr David Willetts

Mr Nick Gibb

Mr John Hayes

Mr David Evennett

Not called  162

Clause  47,  page  35,  line  17,  at end insert ‘or

(d)
that the school fails to deliver improved well-being for all pupils in that

school.’.

Mr David Willetts

Mr Nick Gibb

Mr John Hayes

Mr David Evennett

Not called  173

Clause  47,  page  35,  line  17,  at end insert ‘or

(d)
that OFSTED has graded the school as no better than satisfactory or

poor.’.

Mr David Willetts

Mr Nick Gibb

Mr John Hayes

Mr David Evennett

Not called  174

Clause  47,  page  35,  line  17,  at end insert ‘or

(d)
the value added measure of the school’s performance lies within the

fourth quartile compared to the value added measures of all schools

nationally.’.