NEW CLAUSES AND NEW SCHEDULES RELATING TO ALLEGATIONS AGAINST TEACHERS
Duty in relation to allegations against teachers
Mr David Willetts
Mr Nick Gibb
Mr John Hayes
Mr David Evennett
NC1
To move the following Clause:—
'(1) This section applies where it is alleged that a teacher or member of staff, inlcuding a volunteer at an educational institution providing education for persons under 18 years of age, has—
| (a) | behaved in a way that has harmed a child, or may have harmed a child, |
| (b) | committed a criminal offence against or related to a child, or |
| (c) | behaved towards a child or children in a way that indicates he is unsuitable to work with children. |
(2) Any person involved in investigating such an allegation must act with a view to ensuring the confidentiality of any information that might identify—
| (a) | the person who made the allegation; |
| (b) | the person in respect of whom the allegation is made. |
(3) The governing body of a maintained school shall in particular ensure that policies and procedures in relation to allegations against teachers or members of staff provide for disciplinary action to be taken against any teacher or member of staff who discloses any information to which subsection (2) applies without the express authorisation of the governing body.
(4) This section ceases to apply—
| (a) | in the case of a criminal offence, where the teacher or member of staff is found guilty in a court in respect of the offence, or |
| (b) | in other cases, when at the completion of investigation and consideration of the allegation it has been determined that the allegation is proved.'. |
NEW CLAUSES AND NEW SCHEDULES RELATING TO SCHOOL DISCIPLINE OR HOME-SCHOOL CONTRACTS
Acceptance of school rules a condition of admission
Mr David Willetts
Mr Nick Gibb
Mr John Hayes
Mr David Evennett
NC2
To move the following Clause:—
'An admission authority may make it a condition of a child's admission to a school that the parent of a child agrees to secure compliance with any school rules made by the headteacher of that school.'.
Home-school contracts
Mr David Willetts
Mr Nick Gibb
Mr John Hayes
Mr David Evennett
NC10
To move the following Clause:—
'(1) Section 111 of SSFA 1998 is amended as follows.
(2) Omit subsections (4)(b), (4)(c) and (5)
(3) After subsection (4) insert—
"(4A) A governing body of a school to which section 110(1) applies or the local education authority where it is the admission authority for such a school may make it a condition of being admitted to the school that the parental declaration is signed in respect of the child."
(4) In the heading of sections 110 (home-school agreements) and 111 (supplementary provisions about home-school agreements) for "agreements" substitute "contracts".'.
Home-school contracts (No. 2)
Mr David Willetts
Mr Nick Gibb
Mr John Hayes
Mr David Evennett
NC11
To move the following Clause:—
'(1) SSFA 1998 is amended as follows.
(2) After section 111 insert—
"Home-school contracts
111A Home-school contracts
(1) The governing body of a school which is—
| (a) | a maintained school, or |
| (b) | a city technology college, a city college for the technology of the arts or an Academy, |
may adopt a home-school contract for the school, together with a parental declaration to be used in connection with the contract.
(2) For the purposes of this section and section 111 a 'home-school contract' is a statement specifying—
| (a) | the school's aims and values; |
| (b) | the school's responsibilities, namely the responsibilities which the school intends to discharge in connection with the education of pupils at the school who are of compulsory school age; |
| (c) | the parental responsibilities, namely the responsibilities which the parents of such pupils are expected to discharge in connection with the education of their children while they are registered pupils at the school; and |
| (d) | the school's expectations of its pupils, namely the expectations of the school as regards the conduct of such pupils while they are registered pupils there; |
and 'parental declaration' means a document to be used by qualifying parents for recording that they take note of the school's aims and values and its responsibilities and that they acknowledge and accept the parental responsibilities and the school's expectations of its pupils.
(3) The governing body shall take reasonable steps to secure that the parental declaration is signed by every qualifying parent.
(4) An admissions authority may make it a condition of a child being admitted to the school that the parental declaration is signed in respect of the child.
(5) An admissions authority may not—
| (a) | invite any person to sign the parental declaration at a time when the child in question has not been admitted to the school, or |
| (b) | make any decision as to whether or not to admit a child to the school by reference to whether any such declaration is or is not likely to be signed in respect of the child. |
(6) Subsections (3) and (4) do not require the governing body to seek the signature of a qualifying parent if, having regard to any special circumstances relating to the parent or the pupil in question, they consider that it would be inappropriate to do so.
(7) Where the governing body considers that a registered pupil at the school has a sufficient understanding of the home-school contract as it relates to him, they may invite the pupil to sign the parental declaration as an indication that he acknowledges and accepts the school's expectations of its pupils.
(8) The governing body shall discharge its duty under subsection (3)—
| (a) | in the case of a pupil attending the school on the relevant date, as soon after that date as is reasonably practicable; and |
| (b) | in the case of a pupil admitted to the school, as soon after the date of his admission as is reasonably practicable. |
(9) The governing body shall from time to time review the home-school contract.
(10) Where the home-school contract is revised by the governing body following such a review, subsections (3) to (8) shall, in the case of pupils admitted to the school after the revision takes effect, accordingly apply in relation to the revised contract.
(11) Before adopting the home-school contract or parental declaration, or revising that contract, the governing body shall consult—
| (a) | all qualifying parents, and |
| (b) | such other persons as may be prescribed. |
(12) In this section—
'qualifying parent' means a registered parent of a pupil at the school who is of compulsory school age;
'admission authority' has the meaning given by section 88(1).
(13) Section 110 does not apply to a governing body that decides to have a home-school contract.
111B Contents of home-school contracts
(1) In discharging any function under section 111A the governing body of a school shall have regard to any guidance given from time to time by the Secretary of State.
(2) If the Secretary of State by order so provides, the governing body of a school to which subsection (1) of that section applies shall ensure that any form of words—
| (a) | specified in the order, or |
| (b) | having such effect as is so specified, |
is not used in a home-school contract or (as they case may be) in a parental declaration.
(3) An order under subsection (2) may apply—
| (a) | to any school specified in the order, or |
| (b) | to any description of school so specified. |
(4) A home-school contract shall not be capable of creating any obligation in respect of whose breach any liability arises in contract or in tort.".'.
Burden of proof in cases of confiscation
Sarah Teather
Greg Mulholland
Annette Brooke
NC72
To move the following Clause:—
'(1) In any proceedings brought against a person in respect of his seizure or retention of an item in circumstances to which section 86 applies it shall be presumed that such seizure or retention was lawful unless the contrary is shown.
(2) In any proceedings brought against a person in respect of his disposal of an item in circumstances to which section 86 applies it shall be presumed that the disposal of the item was lawful if the item could not reasonably be restored to its lawful owner or, if a pupil, to that pupil's parent or guardian without thereby facilitating the commission of an offence or of creating the possibility that further disciplinary action might need to be taken in relation to the pupil.'.
Duty of local education authorities in relation to exclusions
Ms Sally Keeble
Mr David Chaytor
Dr Alan Whitehead
NC74
*To move the following Clause:—
'(1) A local education authority must keep under review—
| (a) | the policy of each school in the authority's area in relation to the exclusion of pupils on disciplinary grounds, and |
| (b) | the numbers of pupils so excluded, whether for a fixed period or permanently. |
(2) In this section "school" means—
| (a) | a community, foundation or voluntary school, or |
| (b) | an Academy, city technology college, or city college for the technology of the arts.'. |
Admission of excluded pupils
Ms Sally Keeble
Mr David Chaytor
Dr Alan Whitehead
NC75
*To move the following Clause:—
'(1) A local education authority may direct any school in the authority's area to admit a pupil who has been excluded from any other such school.
(2) Before making a direction under subsection (1) the local education authority must—
| (a) | consult the head teacher of the school to which the direction is to be issued; |
| (b) | have regard to local policies on exclusion; and |
| (c) | have regard to the well-being of the pupils who are likely to be affected by the direction, whether directly or indirectly. |
(3) In this section "school" means—
| (a) | a community, foundation or voluntary school, or |
| (b) | an Academy, city technology college or city college for the technology of the arts.'. |
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