Education and Inspections Bill

House of Commons

Session 2005 - 06
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Other Bills before Parliament

Education and Inspections Bill

Education and Inspections Bill
Part 3 — Further provisions about maintained schools
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Disposals and changes of use of land
Schedule 4 contains amendments of—
(a)
Schedule 22 to SSFA 1998 (disposals of land by foundation, voluntary
or foundation special schools and disposals on discontinuance), and
(b)
section 77 of that Act (control of disposals or changes of use of school
5
playing fields in relation to England),
and amendments which are consequential to those amendments.
General duties of governing body
35
General duties of governing body of maintained school
(1)
In section 21 of EA 2002 (general responsibility for conduct of school) after
10
subsection (4) insert—
“(5)
The governing body of a maintained school shall, in discharging their
functions relating to the conduct of the school, have regard to any
relevant children and young people’s plan.
(6)
In discharging those functions, the governing body of a maintained
15
school in England shall also have regard to any views expressed by
parents of registered pupils.
(7)
In this section “relevant children and young people’s plan” means—
(a)
in relation to a school in England—
(i)
any plan published by the local education authority
20
under section 17 of the Children Act 2004 (children and
young people’s plans: England), or
(ii)
in a case where the local education authority are not
required by regulations under that section to prepare
and publish a plan, any plan which is published by the
25
authority and sets out their strategy for discharging
their functions in relation to children and relevant
young persons within the meaning of that section, and
(b)
in relation to a school in Wales—
(i)
any plan published by the local education authority
30
under section 26 of the Children Act 2004 (children and
young people’s plans: Wales), or
(ii)
in a case where the local education authority are not
required by regulations under that section to prepare
and publish a plan, any plan which is published by the
35
authority and sets out their strategy for discharging
their functions in relation to children and relevant
young persons within the meaning of that section.”
(2)
In section 28 of that Act (limit on power to provide community facilities etc.),
after subsection (4) insert—
40
“(4A)
In exercising the power under section 27(1), the governing body of a
maintained school shall have regard to any relevant children and
young people’s plan.
(4B)
In subsection (4A) “relevant children and young people’s plan” has the
meaning given by section 21(7).
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Education and Inspections Bill
Part 3 — Further provisions about maintained schools
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(4C)
In exercising the power under section 27(1), the governing body of a
maintained school in England shall also have regard to any views
expressed by parents of registered pupils in circumstances where
subsection (4)(a)(iii) does not apply.”
School admissions
5
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General restriction on selection by ability
(1)
No admission arrangements for a community, foundation or voluntary school
may make provision for selection by ability unless—
(a)
they make provision for one of the permitted forms of such selection
mentioned in section 99(2) of SSFA 1998, or
10
(b)
the school is a grammar school.
(2)
For the purposes of subsection (1) a school’s admission arrangements make
provision for selection by ability if they make provision for all or any of the
pupils who are to be admitted to the school in any relevant age group to be so
admitted by reference to ability.
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(3)
In this section—
“ability” means either general ability or ability in any particular subject or
subjects;
“admission arrangements” has the meaning given by section 88(2) of
SSFA 1998;
20
“grammar school” has the meaning given by section 104(7) of SSFA 1998;
“relevant age group” has the meaning given by section 142(1) of SSFA
1998.
(4)
In section 99 of SSFA 1998—
(a)
omit subsection (1) (which is re-enacted as subsection (1) of this
25
section), and
(b)
in subsection (2) after “are” insert “for the purposes of section 36(1) of
the Education and Inspections Act 2006”.
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Code for school admissions
(1)
Section 84 of SSFA 1998 (code of practice) is amended in accordance with
30
subsections (2) to (7).
(2)
In subsection (1)—
(a)
for “a code of practice containing such practical guidance” substitute “a
code for school admissions containing such provision”, and
(b)
after paragraph (b) insert—
35
“(ba)
admission forums,”.
(3)
In subsection (2), for the words from “include” to “other matters” substitute
“impose requirements, and may include guidelines setting out aims, objectives
and other matters,”.
(4)
In subsection (3), for “to have regard to” substitute “to act in accordance with”.
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(5)
In subsection (5), omit “of practice” (in each place where it occurs).
(6)
In subsection (6), after the definitions of “admission arrangements” and “the

Education and Inspections Bill
Part 3 — Further provisions about maintained schools
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admission authority” insert—
“ “admission forum” means a forum established under section
85A, including a joint admission forum established in
pursuance of regulations under subsection (3)(c) of that
section;”.
5
(7)
In the heading, and in the italic cross-heading immediately before section 84,
for “of practice” substitute “for school admissions”.
(8)
In section 85 of SSFA 1998 (making and approval of code of practice)—
(a)
in subsection (1) omit “of practice”, and
(b)
for the heading substitute “Making and approval of code for school
10
admissions”.
(9)
In relation to a code for school admissions issued under section 84(1) of SSFA
1998 after the passing of this Act, the requirement to consult which is imposed
by section 85(2) of SSFA 1998 may be satisfied by consultation undertaken
before the passing of this Act, even though the code takes account (to any
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extent) of any provision made by this Act.
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Role of admission forums
(1)
Chapter 1 of Part 3 of SSFA 1998 (admission arrangements) is amended as
follows.
(2)
In section 85A (admission forums), in subsection (1)—
20
(a)
omit the “and” at the end of paragraph (a), and
(b)
at the end of paragraph (b) insert “, and
(c)
in the case of an admission forum for the area of a local
education authority in England, exercising any other
functions that may be imposed on the forum by or under
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this Chapter.”
(3)
After subsection (1) of that section insert—
“(1A)
An admission forum for the area of a local education authority in
England may prepare and publish reports on such matters connected
with the admission of pupils to maintained schools in that area as may
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be prescribed.
(1B)
For the purposes of the preparation of a report under subsection (1A),
an admission forum may request any of the following bodies to provide
the forum with any information held by them which falls within a
prescribed description and is specified by the forum in its request—
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(a)
the local education authority which established the forum;
(b)
any local education authority in England for an area which
adjoins the area of the authority mentioned in paragraph (a);
(c)
the governing body of any maintained school in the area for
which the forum is established.
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(1C)
A body mentioned in any of paragraphs (a) to (c) of subsection (1B)
must comply with a request made by an admission forum in pursuance
of that subsection.”
(4)
In subsection (3) of that section—
(a)
omit the “and” at the end of paragraph (b), and
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Education and Inspections Bill
Part 3 — Further provisions about maintained schools
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(b)
after that paragraph insert—
“(ba)
as to the preparation and publication of reports under
subsection (1A), and”.
(5)
After subsection (3) of that section insert—
“(3A)
Regulations under subsection (3)(c) may, in relation to England, modify
5
any provision of this Chapter in its application to a joint admission
forum.”
(6)
After subsection (5) of that section insert—
“(5A)
Regulations may make provision with respect to the expenses of an
admission forum for the area of a local education authority in England.
10
(5B)
Except as provided by regulations under subsection (5A), the expenses
of an admission forum for the area of a local education authority in
England are to be defrayed by the local education authority by whom
the forum was established.”
(7)
In section 89 (procedure for determining admission arrangements) for
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subsection (10) substitute—
“(10)
In this section, “the appropriate bodies”, in relation to an admission
authority, means—
(a)
the bodies whom they were required to consult under
subsection (2), or would but for subsection (2A) have been
20
required to consult, and
(b)
in the case of an admission authority for a maintained school in
England, the admission forum for the area of the local education
authority in which the school is situated.”
(8)
In section 90 (reference of objections to adjudicator or Secretary of State)—
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(a)
in subsection (1) for paragraph (b) substitute—
“(b)
an appropriate body wishes to make an objection about
those arrangements, and”, and
(b)
after subsection (10) insert—
“(11)
In this section, “appropriate body” means, in relation to the
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admission arrangements determined by an admission
authority—
(a)
any body whom the admission authority were required
to consult under subsection (2) of section 89, or would
but for subsection (2A) of that section have been
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required to consult, and
(b)
in the case of admission arrangements determined by an
admission authority for a maintained school in England,
the admission forum for the area of the local education
authority in which the school is situated.”
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Support for parental preferences
In section 86 of SSFA 1998 (parental preferences) after subsection (1) insert—
“(1A)
A local education authority in England shall provide advice and
assistance to parents of children in the area of the authority in

Education and Inspections Bill
Part 3 — Further provisions about maintained schools
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connection with the preferences expressed or to be expressed by them
in accordance with the arrangements made under subsection (1).”
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Prohibition on interviews
After section 88 of SSFA 1998 insert—
“88A
Prohibition on interviews
5
(1)
No admission arrangements for a maintained school may require or
authorise any interview with an applicant for admission to the school
or his parents, where the interview is to be taken into account (to any
extent) in determining whether the applicant is to be admitted to the
school.
10
(2)
If the maintained school is one at which boarding accommodation is
provided for pupils, subsection (1) does not apply in relation to any
interview intended to assess the suitability of an applicant for a
boarding place.
(3)
Where the admission arrangements for a maintained school make
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provision for a permitted form of selection by aptitude, subsection (1)
does not prevent the arrangements from requiring or authorising any
audition or other oral or practical test to be carried out in relation to an
applicant solely for the purpose of ascertaining the applicant’s aptitude
in accordance with the arrangements.
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(4)
In this section, “permitted form of selection by aptitude” is to be read in
accordance with section 99(4).”
41
Restrictions on alteration of admission arrangements
(1)
In section 89 of SSFA 1998 (procedure for determining admission
arrangements) after subsection (1) insert—
25
“(1ZA)
This section has effect subject to sections 89D and 90A (restrictions on
alteration of admission arrangements in England).”
(2)
After section 89C of SSFA 1998 insert—
“89D
Power to restrict alteration of admission arrangements following
establishment or expansion
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(1)
Subsection (2) applies in relation to a maintained school in England
where—
(a)
proposals for the establishment of, or the making of a
prescribed alteration to, the school have been published under
Part 2 of the Education and Inspections Act 2006 or under
35
section 113A of, or Schedule 7 to, the Learning and Skills Act
2000,
(b)
in the case of proposals for the making of a prescribed alteration
to the school, the proposals are for an increase in the number of
pupils that may be admitted to the school or for an enlargement
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of the premises,
(c)
the proposals fall to be implemented (with or without
modifications), and
(d)
prescribed conditions are satisfied.

Education and Inspections Bill
Part 3 — Further provisions about maintained schools
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(2)
Regulations may provide that, where this subsection applies in relation
to a maintained school—
(a)
the admission arrangements for the initial period (as defined by
subsection (7)) and each of a prescribed number of school years
following that period are to be the arrangements which fall to be
5
implemented in accordance with the proposals (or in
accordance with the proposals as modified), and
(b)
those arrangements may not be varied by the admission
authority for the school except—
(i)
to comply with any duty imposed on them by
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regulations under section 89(1A), or
(ii)
in accordance with regulations under subsection (5).
(3)
Regulations under subsection (2) may exclude or modify any provision
of section 89 (other than section 89(1A)) in its application to cases to
which the regulations apply.
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(4)
Regulations under subsection (2) may provide that in cases to which
the regulations apply the admission arrangements which fall to be
implemented in accordance with the proposals (or in accordance with
the proposals as modified) are to be treated for the purposes of section
86(5) to (5B) as having been determined by the admission authority
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under section 89.
(5)
Regulations may prescribe circumstances in which an admission
authority may refer to the adjudicator proposals to vary admission
arrangements in cases to which regulations under subsection (2) apply.
(6)
Regulations may make provision as to the determination by the
25
adjudicator of any reference made by virtue of subsection (5).
(7)
In this section—
“initial period” means—
(a)
in relation to a maintained school which is being
established, the period beginning with the day on which
30
the school opens and ending with the beginning of the
first school term to begin after the following July;
(b)
in relation to a maintained school which is increasing
the number of pupils that may be admitted to the school
or enlarging its premises, the period beginning with the
35
first day on which additional pupils may be admitted or
(as the case may be) the enlarged premises are in use and
ending with the beginning of the first school term to
begin after the following July;
“prescribed alteration” means an alteration prescribed for the
40
purposes of section 17 of the Education and Inspections Act
2006.”
(3)
After section 90 of SSFA 1998 insert—
“90A
Restriction on alteration of admission arrangements following
adjudicator’s decision
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(1)
This section applies where in accordance with section 90(8) the
admission authority for a maintained school in England have revised
any admission arrangements applying for a school year.

Education and Inspections Bill
Part 3 — Further provisions about maintained schools
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(2)
The admission authority for the school—
(a)
must incorporate the effect of the revision in determining the
admission arrangements for each of a prescribed number of
school years following the school year in relation to which the
revision was made, and
5
(b)
may not vary those arrangements in such a way as to alter the
effect of the revision.
(3)
Subsection (2) does not apply to the extent that—
(a)
the admission authority are required to determine or vary their
admission arrangements in a way which alters the effect of the
10
revision in order to comply with any duty imposed on them by
regulations under section 89(1A), or
(b)
the arrangements may be determined or varied in a way which
alters that effect in accordance with regulations under
subsection (5).
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(4)
Regulations may exclude or modify any provision of section 89 (other
than section 89(1A)) in its application to cases to which this section
applies.
(5)
Regulations may prescribe circumstances in which an admission
authority to whom subsection (2) applies may refer to the adjudicator
20
proposals to determine or vary their admission arrangements in a way
which alters the effect of a revision made in pursuance of section 90(8).
(6)
Regulations may make provision as to the determination by the
adjudicator of any reference made by virtue of subsection (5).”
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Objections to admission arrangements
25
(1)
Section 90 of SSFA 1998 (reference of objections to adjudicator or Secretary of
State) is amended as follows.
(2)
After subsection (5) insert—
“(5A)
Where the adjudicator or the Secretary of State is required by virtue of
subsection (3)(a) or (b) or (5)(c) to decide whether to uphold an
30
objection to admission arrangements, he may consider whether it
would be appropriate for changes to be made to any aspect of the
admission arrangements, whether or not he would be required to do so
for the purpose of determining the objection.
(5B)
In the case of any objection referred to him under this section, the
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adjudicator or the Secretary of State (as the case may be) must publish
a report containing the following—
(a)
his decision on the objection,
(b)
any decision he has made on whether it would be appropriate
for changes to be made to the admission arrangements, whether
40
in the light of his decision on the objection or otherwise, and
(c)
his reasons for the decisions mentioned in paragraph (a) and
(b).
(5C)
Where the adjudicator or the Secretary of State (as the case may be)
decides that it would be appropriate for changes to be made to the
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