Education and Skills Bill

House of Commons

Session 2007 - 08
Internet Publications
Other Bills before Parliament

Education and Skills Bill

Education and Skills Bill
Part 4 — Regulation and inspection of independent educational provision in England
Chapter 2 — Schools providing for special educational needs
69

125
Function of approving schools transferred to Chief Inspector
(1)
Section 342 of the Education Act 1996 (c. 56) (approval of non-maintained
special schools) is amended as follows.
(2)
In subsection (1)—
(a)
for “Secretary of State” substitute “relevant authority”;
5
(b)
omit “his”.
(3)
In subsection (5)(a) for “Secretary of State” substitute “relevant authority”.
126
Right of sixth-form pupils to opt out of religious worship
(1)
Section 342 of the Education Act 1996 is amended as follows.
(2)
After subsection (5) insert—
10
“(5A)
Regulations shall make provision for securing that, so far as practicable,
every pupil attending a school in England that is approved under this
section—
(a)
receives religious education unless withdrawn from receiving
such education in accordance with the wishes of the pupil’s
15
parent, and
(b)
attends religious worship unless withdrawn from attendance at
such worship—
(i)
in the case of a sixth-form pupil, in accordance with the
pupil’s own wishes, and
20
(ii)
in any other case, in accordance with the wishes of the
pupil’s parent.
(5B)
In subsection (5A) “a sixth-form pupil” means a pupil who—
(a)
has ceased to be of compulsory school age, and
(b)
is receiving education suitable to the requirements of pupils
25
over compulsory school age.”
(3)
In subsection (6) for “special school” substitute “school in Wales that is”.
127
Protection of pupils in an emergency
After section 342 of the Education Act 1996 insert—
“Non-maintained special schools in England: protection of pupils in an emergency
30
342A
Application to justice of the peace: power to make regulations
(1)
Regulations may make provision conferring power on a justice of the
peace, on the application of the Chief Inspector, to make an order in an
urgent case that a non-maintained special school in England should
cease to be approved under section 342.
35
(2)
Regulations under this section may in particular make provision
corresponding, with or without modifications, to that made in—
(a)
section 105(2) to (7) of the Education and Skills Act 2008
(emergency orders in relation to registered independent
educational institutions), or
40
(b)
section 107 of that Act (notification).

Education and Skills Bill
Part 4 — Regulation and inspection of independent educational provision in England
Chapter 2 — Schools providing for special educational needs
70

128
Appeals
After section 342A of the Education Act 1996 (c. 56) (inserted by section 127)
insert—
“Non-maintained special schools in England: appeals
342B
Appeal against decision of Chief Inspector
5
(1)
Regulations may make provision for an appeal against a decision of the
Chief Inspector—
(a)
to withdraw approval from a non-maintained special school in
England by virtue of section 342(4)(b) (failure to comply with
prescribed requirement) otherwise than at the request of the
10
proprietor;
(b)
not to approve, not to approve a change to, or to withdraw
approval from, relevant arrangements in relation to such a
school.
(2)
In subsection (1)(b) “relevant arrangements” means arrangements that
15
require the approval of the Chief Inspector by virtue of section
342(5)(a).
(3)
Regulations under this section must provide that an appeal brought by
virtue of this section—
(a)
lies to the tribunal established under section 9 of the Protection
20
of Children Act 1999 (c. 14), and
(b)
must be brought by the proprietor of the school in question.
(4)
The regulations may in particular make provision, in the case of an
appeal brought by virtue of subsection (1)(a), prohibiting the Chief
Inspector from acting on a decision to withdraw approval during the
25
period in which—
(a)
an appeal against the decision could be brought, or
(b)
where an appeal has been brought, the appeal has not been
determined, withdrawn or otherwise disposed of.
342C
Appeal against order of justice of peace
30
(1)
Regulations may make provision for an appeal against the making of
an order by virtue of section 342A (order by justice of peace in an
emergency).
(2)
The regulations must provide that an appeal brought by virtue of this
section—
35
(a)
lies to the tribunal established under section 9 of the Protection
of Children Act 1999, and
(b)
must be brought by the proprietor of the school in question.”
Independent schools in England
129
Abolition of requirement of approval for independent schools: England
40
(1)
Section 347 of the Education Act 1996 (approval of independent schools) is
amended as follows.

Education and Skills Bill
Part 4 — Regulation and inspection of independent educational provision in England
Chapter 2 — Schools providing for special educational needs
71

(2)
In subsection (1) —
(a)
for “The Secretary of State” substitute “The Welsh Ministers”;
(b)
after “independent school” insert “in Wales”.
(3)
In subsection (3) for “the Secretary of State sees” substitute “the Welsh
Ministers see”.
5
(4)
In subsection (4) for “the Secretary of State may withdraw his” substitute “the
Welsh Ministers may withdraw their”.
(5)
In subsection (5)—
(a)
for “a child with special educational needs” substitute “a relevant
child”;
10
(b)
in paragraph (a) for “the Secretary of State” substitute “the Welsh
Ministers”;
(c)
in paragraph (b), for “the Secretary of State is” substitute “the Welsh
Ministers are”, and for “consents” substitute “consent”.
(6)
After subsection (5) insert—
15
“(5ZA)
In subsection (5) “a relevant child” means a child with special
educational needs—
(a)
for whom a local education authority in Wales maintain a
statement under section 324, or
(b)
for whom no local education authority maintain such a
20
statement and who is in the area of a local education authority
in Wales.”
(7)
In subsection (5A)—
(a)
for “But that” substitute “Subsection (5)”;
(b)
after “local education authority” insert “in Wales”.
25
130
Approval of independent schools: consequential amendments
(1)
Section 349 of the Education Act 1996 (c. 56) (variation of trust deeds by order)
is amended as follows.
(2)
In subsection (1)—
(a)
for “The Secretary of State” substitute “The appropriate authority”;
30
(b)
for “him” substitute “it”;
(c)
omit “or 347”.
(3)
After that provision insert—
“(1A)
In subsection (1) “the appropriate authority” means—
(a)
in relation to a school in England, the Chief Inspector;
35
(b)
in relation to a school in Wales, the Welsh Ministers.
(1B)
The Welsh Ministers may by order make such modifications of any
trust deed or other instrument relating to a school in Wales as, after
consultation with the governing body or other proprietor of the school,
appear to them to be necessary to enable the governing body or
40
proprietor to meet any requirement imposed by regulations under
section 347.”

Education and Skills Bill
Part 4 — Regulation and inspection of independent educational provision in England
Chapter 2 — Schools providing for special educational needs
72

(4)
Section 483A of that Act (city colleges and academies: special educational
needs) is amended as follows.
(5)
For subsection (3)(a) and (b) substitute—
“(a)
the statement is maintained by a local education authority in
England, or
5
(b)
the statement is maintained by a local education authority in
Wales and the Welsh Ministers consent to the child being
educated at the school.”
(6)
In subsection (4) of that section for “The Secretary of State” substitute “The
appropriate national authority”.
10
(7)
At the end of that section add—
“(6A)
In subsection (4) “the appropriate national authority” means—
(a)
in relation to a school in England, the Secretary of State;
(b)
in relation to a school in Wales, the Welsh Ministers.”
(8)
In section 59(3) of the Safeguarding Vulnerable Groups Act 2006 (c. 47)
15
(vulnerable adults)—
(a)
in paragraph (b), for the words following “which” substitute—
“(i)
is in England and is specially organised to make
special educational provision for pupils with
special educational needs (within the meaning of
20
section 312 of that Act), or
(ii)
is in Wales and is approved by the Welsh
Ministers under section 347 of that Act;”;
(b)
in paragraph (c), for “the Secretary of State” substitute “the Welsh
Ministers”.
25
131
Approval of independent schools: transitional provision
(1)
This section applies where, immediately before the coming into force of section
129, a relevant child is being educated in an independent school in England
and—
(a)
the school is for the time being approved by the Secretary of State under
30
section 347 of the Education Act 1996 (c. 56), or
(b)
the Secretary of State has consented to the child being educated there
under subsection (5)(b) of that section.
(2)
In subsection (1) “a relevant child” means a child with special education
needs—
35
(a)
for whom a local education authority in Wales maintains a statement
under section 324 of the Education Act 1996 (statement of special
educational needs), or
(b)
for whom no local education authority maintains such a statement and
who is in the area of a local education authority in Wales.
40
(3)
On the coming into force of section 129 the Welsh Ministers are deemed to have
consented, under section 347(5)(b) of the Education Act 1996, to the child being
educated at the school.
(4)
The Welsh Ministers may withdraw consent deemed to have been given under
subsection (3) as if it had in fact been given.
45

Education and Skills Bill
Part 5 — Miscellaneous and general
Chapter 2 — Miscellaneous
73

(5)
In this section “child” has the same meaning as in Part 4 of the Education Act
1996 (c. 56) (see section 312(5) of that Act).
Part 5
Miscellaneous and general
Chapter 1
5
Pre-16 education and training: Wales
132
Powers of National Assembly for Wales
In Part 1 of Schedule 5 to the Government of Wales Act 2006 (c. 32) (Assembly
Measures), in Field 5 (education and training), after matter 5.10 insert—
“Matter 5.10A
10

The inspection of education or training provided (whether or not at
a school) for children who are not above compulsory school age.”
Chapter 2
Miscellaneous
Maintained schools in England: behaviour and attendance etc
15
133
Power of governing body: educational provision for improving behaviour
After section 29 of the Education Act 2002 (c. 32) insert—
“29A
Power of governing body in England: educational provision for
improving behaviour
(1)
The governing body of a maintained school in England may require
20
any registered pupil to attend at any place outside the school premises
for the purpose of receiving educational provision which is intended to
improve the behaviour of the pupil.
(2)
In subsection (1) “maintained school” does not include a maintained
nursery school.
25
(3)
Regulations must make provision—
(a)
requiring prescribed persons to be given prescribed
information relating to the imposition of any requirement
under subsection (1), and
(b)
requiring the governing body of the school to keep under
30
review the imposition of any such requirement.
(4)
Regulations under this section may also make provision—
(a)
requiring a governing body exercising functions under
subsection (1) or under the regulations to have regard to any
guidance given from time to time by the Secretary of State,
35

Education and Skills Bill
Part 5 — Miscellaneous and general
Chapter 2 — Miscellaneous
74

(b)
requiring the governing body to request prescribed persons to
participate in any review of the imposition of any such
requirement,
(c)
about the time within which the first review must be held and
the intervals at which subsequent reviews must be held, and
5
(d)
in relation to any other matter relating to the exercise of the
power conferred by subsection (1).”
134
Application of s.444 of Education Act 1996 to alternative education provision
(1)
Section 444ZA of the Education Act 1996 (c. 56) (application of section 444 to
alternative education provision) is amended as follows.
10
(2)
After subsection (1) insert—
“(1A)
Where—
(a)
a child of compulsory school age has been excluded for a fixed
period on disciplinary grounds from a relevant school in
England,
15
(b)
the child remains for the time being a registered pupil at the
school,
(c)
the appropriate authority for the school has made arrangements
under section 19 above or section 100 of the Education and
Inspections Act 2006 for the provision of full-time education for
20
the child otherwise than at the school or at the child’s home
during the period of exclusion, and
(d)
notice in writing of the arrangements has been given to the
child’s parent,

subsections (1) to (7) of section 444 have effect during that period as if
25
the child were not a registered pupil at the school and as if the place at
which the education is provided were a school and the child were a
registered pupil at that school (so far as that would not otherwise be the
case).
(1B)
Where—
30
(a)
a child of compulsory school age who is a registered pupil at a
relevant school in England is required by the appropriate
authority for the school to attend at a place outside the school
premises for the purpose of receiving any educational
provision, and
35
(b)
notice in writing of the requirement has been given to the
child’s parent,

subsections (1) to (7) of section 444 have effect as if the place at which
the child is required to attend were a school and the child were a
registered pupil at that school (in addition to being a registered pupil at
40
the school mentioned in paragraph (a)).
(1C)
Subsection (1B) does not apply if—
(a)
the place at which the child is required to attend is another
relevant school (whether in England or elsewhere), and
(b)
the child is a registered pupil at that other school.
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(1D)
In relation to a maintained school or a pupil referral unit—

Education and Skills Bill
Part 5 — Miscellaneous and general
Chapter 2 — Miscellaneous
75

(a)
references in subsection (1A) to exclusion are references to
exclusion under section 52 of the Education Act 2002, and
(b)
the requirement referred to in subsection (1B) is a requirement
imposed under section 29(3) or 29A(1) of that Act.”
(3)
In subsection (2)(a), after “relevant school” insert “in Wales”.
5
(4)
In subsection (4)—
(a)
in paragraph (a), after “within subsection (1)” insert “or (1A)”;
(b)
in paragraph (b), after “within subsection” insert “(1B) or”; and
(c)
in the words following that paragraph, after “(1)(b)” insert “, (1A)(d),
(1B)(b)”.
10
(5)
In subsection (5), after “(1)(b)” insert “, (1A)(d), (1B)(b)”.
(6)
In subsection (6), after “subsection (1)” (in both places) insert “or (1A)”.
(7)
In subsection (7)—
(a)
after paragraph (a) insert—
“(aa)
in relation to a place at which education is provided as
15
mentioned in subsection (1A) of this section, means
leave granted by any person authorised to do so by the
appropriate authority for the school;”; and
(b)
in paragraph (b), after “subsection” insert “(1B)(a) or”.
External qualifications
20
135
Approved external qualifications: England
(1)
Section 98 of the Learning and Skills Act 2000 (c. 21) (approved qualifications:
England) is amended as follows.
(2)
After subsection (2) insert—
“(2A)
A body may be designated under subsection (2)(b) in relation to the
25
giving of approvals under—
(a)
section 96,
(b)
section 97, or
(c)
both of those sections.”
(3)
Omit subsection (4) (which renders an approval given by a designated body
30
ineffective unless the Secretary of State consents to the approval).
136
Approved external qualifications: Wales
(1)
Section 99 of the Learning and Skills Act 2000 (approved qualifications: Wales)
is amended as follows.
(2)
After subsection (2) insert—
35
“(2A)
A body may be designated under subsection (2)(b) in relation to the
giving of approvals under—
(a)
section 96,
(b)
section 97, or
(c)
both of those sections.”
40