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 7 — Discipline, behaviour and exclusion
Chapter 2 — Parental responsibilities and excluded pupils
77

“penalty notice” has the meaning given by section 97(2);
and other expressions have the same meaning as in section 97.
99
Removal of excluded pupils to designated premises
(1)
Section 16 of the Crime and Disorder Act 1998 (c. 37) (removal of truants to
designated premises) is amended in accordance with subsections (2) to (6).
5
(2)
In subsection (2)—
(a)
for “subsection (3)” substitute “subsections (3) and (3ZA)”, and
(b)
for “that subsection” substitute “each of those subsections”.
(3)
After subsection (3) insert—
“(3ZA)
If a constable has reasonable cause to believe that a child or young
10
person found by him in a public place in a specified area during a
specified period and during school hours—
(a)
is of compulsory school age,
(b)
has been excluded on disciplinary grounds from a relevant
school for a fixed period or permanently,
15
(c)
remains excluded from that school,
(d)
has not subsequently been admitted as a pupil to any other
school, and
(e)
has no reasonable justification for being in the public place,

the constable may remove the child or young person to designated
20
premises.”
(4)
After subsection (3A) insert—
“(3B)
In subsection (3ZA), “school hours” means the school hours of the
school referred to in paragraph (b) of that subsection.”
(5)
In subsection (5), after the definition of “public place” insert—
25
“ “relevant school” has the meaning given by section 102 of the
Education and Inspections Act 2006;”.
(6)
In the heading, after “truants” insert “and excluded pupils”.
(7)
In Schedule 4 to the Police Reform Act 2002 (c. 30) (exercise of police powers by
civilians)—
30
(a)
in paragraph 4C, for the words from “section 16(3)” to the end
substitute “section 16(3) or (3ZA) of that Act (power to remove truant
or excluded pupil found in specified area to designated premises or, in
case of truant, to the school from which he is absent).”, and
(b)
in the italic heading immediately before that paragraph, after “truants”
35
insert “and excluded pupils”.
School attendance
100
Failure by excluded pupil to attend educational provision on school site
In section 444 of EA 1996 (offence of failing to secure regular attendance at
school of registered pupil) after subsection (7) insert—
40
“(7A)
Where—

Education and Inspections Bill
Part 7 — Discipline, behaviour and exclusion
Chapter 2 — Parental responsibilities and excluded pupils
78

(a)
a child of compulsory school age has been excluded for a fixed
period on disciplinary grounds from a school in England which
is—
(i)
a maintained school,
(ii)
a pupil referral unit,
5
(iii)
an Academy,
(iv)
a city technology college, or
(v)
a city college for the technology of the arts,
(b)
he remains for the time being a registered pupil at the school,
(c)
the appropriate authority make arrangements for the provision
10
of full-time education for him at the school during the period of
exclusion, and
(d)
notice in writing of the arrangements has been given to the
child’s parent,

the exclusion does not affect the application of subsections (1) to (7) to
15
the child’s attendance at the school on any day to which the
arrangements relate.
(7B)
In subsection (7A)(c) “the appropriate authority” means—
(a)
in relation to a maintained school, the governing body of the
school,
20
(b)
in relation to a pupil referral unit, the local education authority,
and
(c)
in relation to any school mentioned in subsection (7A)(a)(iii) to
(v), the proprietor of the school.”
101
Sums received under section 444A of Education Act 1996
25
In section 444A of EA 1996 (penalty notice in respect of failure to secure regular
attendance at school of registered pupil) for subsection (6) substitute—
“(6)
Sums received by a local education authority under this section may be
used by the authority for the purposes of any of its functions which
may be specified in regulations but, to the extent that they are not so
30
used, must be paid in accordance with regulations to the Secretary of
State.”
Interpretation of Chapter 2
102
Meaning of “maintained school” and “relevant school” in Chapter 2
In this Chapter—
35
“maintained school” means—
(a)
a community, foundation or voluntary school,
(b)
a community or foundation special school, or
(c)
a pupil referral unit;
“relevant school” means—
40
(a)
a maintained school,
(b)
an Academy,
(c)
a city technology college, or
(d)
a city college for the technology of the arts.

Education and Inspections Bill
Part 8 — Inspections
Chapter 1 — The Office and the Chief Inspector
79

Part 8
Inspections
Chapter 1
The Office and the Chief Inspector
The Office
5
103
The Office for Standards in Education, Children’s Services and Skills
(1)
There is to be a body corporate known as the Office for Standards in Education,
Children’s Services and Skills.
(2)
In this Part that body is referred to as “the Office”.
(3)
The Office is to perform its functions on behalf of the Crown.
10
(4)
Schedule 11 makes further provision about the Office.
The Chief Inspector and other inspectors
104
Her Majesty’s Chief Inspector of Education, Children’s Services and Skills
(1)
Her Majesty may by Order in Council appoint a person to the office of Her
Majesty’s Chief Inspector of Education, Children’s Services and Skills.
15
(2)
In this Part the holder of that office is referred to as “the Chief Inspector”.
(3)
The Chief Inspector is to be a member of the Office (see paragraph 1 of
Schedule 11).
(4)
The Chief Inspector holds and vacates office in accordance with the terms of his
appointment.
20
(5)
Those terms are to be determined by the Secretary of State.
(6)
But the Chief Inspector—
(a)
must not be appointed for a term of more than five years,
(b)
may at any time resign by giving written notice to the Secretary of State,
and
25
(c)
may be removed from office by Her Majesty on the grounds that he is
unable or unfit to carry out the duties of his office.
(7)
The previous appointment of a person as Chief Inspector does not affect his
eligibility for appointment.
(8)
The office of Her Majesty’s Chief Inspector of Schools in England is abolished.
30
(9)
But any person holding that office immediately before the appointed day is to
become, as from that day, Her Majesty’s Chief Inspector of Education,
Children’s Services and Skills.
(10)
As from the appointed day—

Education and Inspections Bill
Part 8 — Inspections
Chapter 1 — The Office and the Chief Inspector
80

(a)
the Order in Council by which such a person was appointed has effect
as if it were an Order in Council under subsection (1) appointing him
as Chief Inspector, and
(b)
the terms of his appointment have effect as if determined under
subsection (5).
5
(11)
In this section “the appointed day” means the day appointed under section 171
for the coming into force of this section.
105
Her Majesty’s Inspectors of Education, Children’s Services and Skills
(1)
Her Majesty may by Order in Council appoint persons as Her Majesty’s
Inspectors of Education, Children’s Services and Skills.
10
(2)
In this Part a person so appointed is referred to as an “HMI”.
(3)
An HMI is to serve, in accordance with the terms of his appointment, as a
member of the staff of the Office.
(4)
Those terms are to be determined by the Chief Inspector.
(5)
A person’s appointment as HMI ends when he ceases to serve as a member of
15
the staff of the Office.
(6)
Any person who—
(a)
is one of Her Majesty’s Inspectors of Schools in England immediately
before the appointed day, and
(b)
is then serving as member of the staff of Her Majesty’s Chief Inspector
20
of Schools in England or of the Adult Learning Inspectorate,

is to become, as from that day, one of Her Majesty’s Inspectors of Education,
Children’s Services and Skills.
(7)
As from the appointed day—
(a)
the Order in Council by which such a person was appointed has effect
25
as if it were an Order in Council under subsection (1) appointing him
as an HMI, and
(b)
the terms of his appointment have effect as if determined under
subsection (4).
(8)
In this section “the appointed day” means the day appointed under section 171
30
for the coming into force of this section.
106
Further provision about Chief Inspector and other inspectors etc.
Schedule 12 makes further provision about the Chief Inspector and persons
acting on his behalf.
Functions: the Office
35
107
Functions of the Office
(1)
The Office has the following functions—
(a)
to determine strategic priorities for the Chief Inspector in connection
with the performance of his functions;

Education and Inspections Bill
Part 8 — Inspections
Chapter 1 — The Office and the Chief Inspector
81

(b)
to determine strategic objectives and targets relating to such priorities;
and
(c)
to secure that the Chief Inspector’s functions are performed efficiently
and effectively.
(2)
The Office is to have such other functions in connection with the performance
5
of the Chief Inspector’s functions as may be assigned to it by the Secretary of
State.
108
Performance of Office’s functions
(1)
The Office is to perform its functions for the general purpose of encouraging—
(a)
the improvement of activities within the Chief Inspector’s remit,
10
(b)
the carrying on of such activities as user-focused activities, and
(c)
the efficient and effective use of resources in the carrying on of such
activities.
(2)
In performing its functions the Office is to have regard to—
(a)
the need to safeguard and promote the rights and welfare of children;
15
(b)
views expressed by relevant persons about activities within the Chief
Inspector’s remit;
(c)
levels of satisfaction with such activities on the part of relevant persons;
(d)
the need to promote the efficient and effective use of resources in the
carrying on of such activities;
20
(e)
the need to ensure that action by the Chief Inspector in relation to such
activities is proportionate to the risks against which it would afford
safeguards;
(f)
any developments in approaches to inspection or regulatory action;
and
25
(g)
best practice amongst persons performing functions comparable to
those of the Chief Inspector.
(3)
In performing its functions the Office must also have regard to such aspects of
government policy as the Secretary of State may direct.
(4)
In this section—
30
(a)
“children” means persons under the age of 18;
(b)
“relevant persons”, in relation to activities within the Chief Inspector’s
remit, means persons who have an interest in such activities, whether—
(i)
as persons for whose benefit they are carried on, or
(ii)
as parents (if they are carried on for the benefit of children), or
35
(iii)
as employers;
(c)
“parents” includes persons—
(i)
who are not parents of children but have parental responsibility
for them (within the meaning of the Children Act 1989 (c. 41)),
or
40
(ii)
who have care of children.
(5)
Subsection (6) provides for the interpretation, for the purposes of this Part, of
references to activities within the Chief Inspector’s remit and related
expressions.
(6)
For those purposes—
45
(a)
“activities” includes—

Education and Inspections Bill
Part 8 — Inspections
Chapter 1 — The Office and the Chief Inspector
82

(i)
the provision of any form of education, training or care,
(ii)
the provision of any form of services or facilities, and
(iii)
the performance of any function;
(b)
activities are within the Chief Inspector’s remit—
(i)
if he exercises any inspection function in relation to them, or
5
(ii)
if they are services of the kind provided by persons in respect of
whom he is the registration authority by virtue of any
enactment; and
(c)
references to persons for whose benefit activities are carried on are, in
relation to activities within paragraph (a)(i) or (ii), references to persons
10
for whom the education, training or care is provided, or (as the case
may be) for whom the services or facilities are provided.
Functions: the Chief Inspector
109
Functions of the Chief Inspector
(1)
The Chief Inspector has the general duty of keeping the Secretary of State
15
informed about—
(a)
the quality of activities within the Chief Inspector’s remit and (where
appropriate) the standards achieved by those for whose benefit such
activities are carried on,
(b)
improvements in the quality of such activities and in any such
20
standards,
(c)
the extent to which such activities are being carried on as user-focused
activities, and
(d)
the efficient and effective use of resources in the carrying on of such
activities and services.
25
(2)
If requested to do so by the Secretary of State, the Chief Inspector must provide
the Secretary of State with information or advice on such matters relating to
activities within the Chief Inspector’s remit as are specified in the request.
(3)
The Chief Inspector may at any time give advice to the Secretary of State on any
matter connected with any activities within his remit, including advice relating
30
to a particular establishment, institution or agency.
(4)
The Chief Inspector is to have such other functions in connection with activities
within his remit as may be assigned to him by the Secretary of State.
(5)
Subsection (6) applies where the Chief Inspector is requested under subsection
(2) to provide the Secretary of State with information or advice on matters
35
relating to activities within the Chief Inspector’s remit.
(6)
Any enactment by virtue of which—
(a)
an inspection may be conducted by the Chief Inspector in relation to the
activities in question (whether or not in pursuance of any duty), or
(b)
any power of entry is exercisable by him in relation to those activities,
40

is to have effect, with any necessary modifications, so as to enable him to
conduct an inspection, or exercise any such power, for the purpose of
complying with the request.

Education and Inspections Bill
Part 8 — Inspections
Chapter 1 — The Office and the Chief Inspector
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(7)
In subsection (6) any reference to a power of entry includes a reference to a
power to inspect documents or a power conferred in connection with the
inspection of documents.
(8)
Nothing in this section prejudices the operation of any other enactment
relating to functions of the Chief Inspector.
5
110
Performance of Chief Inspector’s functions
(1)
The Chief Inspector is to perform his functions for the general purpose of
encouraging—
(a)
the improvement of activities within the Chief Inspector’s remit,
(b)
the carrying on of such activities as user-focused activities, and
10
(c)
the efficient and effective use of resources in the carrying on of such
activities.
(2)
The Chief Inspector must ensure—
(a)
that his functions are performed efficiently and effectively, and
(b)
that, so far as practicable, those functions are performed in a way that
15
responds to—
(i)
the needs of persons for whose benefit activities within the
Chief Inspector’s remit are carried on, and
(ii)
the views expressed by other relevant persons about such
activities.
20
(3)
In performing his functions the Chief Inspector must have regard to—
(a)
the matters mentioned in section 108(2); and
(b)
such aspects of government policy as the Secretary of State may direct.
(4)
In this section “relevant persons” has the same meaning as in section 108.
The Children’s Rights Director
25
111
Children’s Rights Director
(1)
One of the persons appointed to the staff of the Office under paragraph 6 of
Schedule 11 is to be appointed as Children’s Rights Director.
(2)
The Children’s Rights Director is to have such functions in relation to the
performance by the Chief Inspector of functions within subsection (3) as may
30
be prescribed by regulations made by the Secretary of State.
(3)
The following functions of the Chief Inspector are functions within this
subsection—
(a)
his functions under section 87 of the Children Act 1989 (c. 41) (welfare
of children in boarding schools and colleges),
35
(b)
his functions under Part 2 of the Care Standards Act 2000 (c. 14)
(registration and standards), and
(c)
his functions under Chapter 4 of this Part (inspection and review of
local authorities in England) in connection with the inspection and
review of the performance by such authorities of their functions within
40
section 126(1)(d) and (e).