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
32

admission arrangements, his decision may specify the modifications
that are to be made to the arrangements.”
(3)
Subsections (6) and (7) are omitted.
(4)
For subsection (8) substitute—
“(8)
The decisions of the adjudicator or the Secretary of State mentioned in
5
subsection (5B)(a) and (b) shall, in relation to the admission
arrangements in question, be binding on the admission authority and
on all persons by whom an objection may be made under subsection (1)
or (2); and, if the adjudicator or the Secretary of State has decided that
it would be appropriate for changes to be made to the admission
10
arrangements, those arrangements shall forthwith be revised by the
admission authority in such a way as to give effect to the decision.”
(5)
In subsection (9)—
(a)
after paragraph (b) insert—
“(ba)
requiring an admission authority for a maintained
15
school in England to provide information which—
(i)
falls within a prescribed description, and
(ii)
is requested by the adjudicator or the Secretary
of State for the purposes of his functions under
this section;”, and
20
(b)
in paragraph (c) for “any matters required to be published under
subsection (7) are” substitute “a report required to be published under
subsection (5B) is”.
(6)
Omit subsection (10) (which has the effect of requiring certain cases to be
referred by the adjudicator to the Secretary of State).
25
43
Looked after children to whom section 87(2) of SSFA 1998 applies
(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
30
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)
35
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
40
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.
45

Education and Inspections Bill
Part 3 — Further provisions about maintained schools
33

(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
5
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
10
(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—
15
(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
20
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
25
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
30
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
35
such determination.”
44
Procedure for giving directions under section 96 of SSFA 1998
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)
40
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)—
45

Education and Inspections Bill
Part 3 — Further provisions about maintained schools
34

(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”,
5
(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
10
adjudicator, and
(b)
in relation to a local education authority in Wales, the
Assembly.”
45
Direction to admit looked after child to specified school
(1)
After section 97 of SSFA 1998 insert—
15
“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.
20
(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
25
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.
30
(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.
35
(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,
40
(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
45

Education and Inspections Bill
Part 3 — Further provisions about maintained schools
35

direction and are not the admission authority, the local
education authority who maintain the school, and
(iv)
the head teacher of the school, and
(b)
they shall not give the direction until the period for referring the
matter to the adjudicator under subsection (4) has expired and,
5
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
10
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),
15

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
20
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
25
(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—
30
(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
35
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
40
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
45
teacher of the school.”
(2)
In section 84 of SSFA 1998, after subsection (6) (which defines terms used in

Education and Inspections Bill
Part 3 — Further provisions about maintained schools
36

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.”
(3)
In section 89 of SSFA 1998, in subsection (1A) omit the words “(within the
5
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

10

Chapter 1 of Part 3)

46
Directions to admit child to specified school: supplementary provisions
(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)—
15
(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 45) insert—
“97C
Determinations under section 97 or 97B: supplemental
20
Regulations may make provision in relation to England—
(a)
requiring the adjudicator to consult prescribed persons or
persons of a prescribed description before making any
determination in connection with a reference under section 97
or 97B;
25
(b)
requiring an admission authority for a 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.”
30
47
Power of Assembly to make regulations about looked after children
(1)
After section 97C of SSFA 1998 (inserted by section 46) insert—
“Looked after children in Wales
97D
Power of Assembly to make regulations about admission of looked
after children
35
(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.

Education and Inspections Bill
Part 3 — Further provisions about maintained schools
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(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
5
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
10
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)—
15
(a)
after “maintained schools” insert “in England”, and
(b)
after “a local authority” insert “in England”.
48
Pupil banding
(1)
In section 101 of SSFA 1998 (permitted selection: pupil banding)—
(a)
in subsection (1)—
20
(i)
for “subsections (2) to (4)” substitute “subsection (2)”, and
(ii)
after “a maintained school” insert “in England or Wales”,
(b)
after subsection (1) insert—
“(1A)
Subject to subsections (2) and (2A), the admission authority for
a maintained school in England may make provision for
25
selection by ability to the extent that the arrangements are
designed to secure—
(a)
that in any year the pupils admitted to the school in any
relevant age group are representative of all levels of
ability among such one of the following groups as the
30
admission arrangements may specify (“the reference
group”)—
(i)
children who are applicants for admission in
that age group to any of two or more schools
(including the school in question) in the area of
35
the local education authority,
(ii)
children in that age group who live in the area of
the local education authority, or
(iii)
children in that age group who live in England,
and
40
(b)
that no level of ability is substantially over-represented
or substantially under-represented by comparison with
its representation in the reference group.”,
(c)
in subsection (2) for “subsection (1)” substitute “subsection (1) or (1A)”,
(d)
after subsection (2) insert—
45
“(2A)
If the admission authority for a maintained school in England is
the local education authority, the authority may only make such

Education and Inspections Bill
Part 3 — Further provisions about maintained schools
38

provision for selection by ability as is mentioned in subsection
(1A) with the consent of the governing body of the school.”,
(e)
in subsection (3), after “maintained school” insert “in Wales”,
(f)
in subsection (4), for the words from the beginning to “any school”
substitute “In the case of a school in Wales, admission arrangements to
5
which subsection (1) applies are not authorised”, and
(g)
in subsection (5), for “subsection (1)” substitute “subsection (1) or (1A)”.
(2)
In section 102 of SSFA 1998 (permitted selection: aptitude for particular
subjects), in subsection (3), for “section 101(1)” substitute “section 101(1) or
(1A)”.
10
(3)
In section 103 of SSFA 1998 (permitted selection: introduction, variation or
abandonment of provision for such selection)—
(a)
in subsection (2) for “constitutes a prescribed alteration for the
purposes of section 28” substitute “constitutes—
(a)
in relation to England, a prescribed alteration for the
15
purposes of section 17 of the Education and Inspections
Act 2006, and
(b)
in relation to Wales, a prescribed alteration for the
purposes of section 28”, and
(b)
in subsection (3) —
20
(i)
for “section 101(1)” substitute “section 101(1) or (1A)”, and
(ii)
for “the objectives mentioned in section 101(1)(a) and (b)”
substitute “the objectives mentioned in section 101(1)(a) and (b),
section 101(1A)(a)(i) and (b), section 101(1A)(a)(ii) and (b) or
section 101(1A)(a)(iii) and (b)”.
25
Miscellaneous
49
School funding
Schedule 5 contains amendments of Chapter 4 of Part 2 of SSFA 1998 (financing
of maintained schools).
50
Removal of requirement to issue code of practice as to relationships between
30
LEAs and maintained schools in England etc
(1)
Section 127 of SSFA 1998 (code of practice for securing effective relationships
between LEAs and maintained schools) is amended as follows.
(2)
In subsection (1)—
(a)
for “Secretary of State” substitute “Assembly”,
35
(b)
for “he” substitute “it”,
(c)
after “local education authorities” insert “in Wales”, and
(d)
for paragraph (b) substitute—
“(b)
in relation to the discharge of such functions as the
Assembly may determine for the purposes of this
40
paragraph which are functions exercisable by or on
behalf of such authorities in relation to such schools.”
(3)
In subsection (2), after “maintained nursery school” insert “in Wales”.