House of Commons Amendments

House of Commons

Session 2007 - 08
Internet Publications
Other Bills before Parliament

Public Bill Committee: 26th February 2008
419

Education and Skills Bill, continued

(zb)
education or training provided otherwise than by schools within

paragraph (za) for children who are not above compulsory

school age;”.

(4)
In that matter, in paragraph (b), for “such institutions” substitute “institutions

within paragraph (za) or (a)”.

(5)
In matter 5.16 after “mentioned in” insert “paragraphs (a) to (d) of”.’.

Benefit and training information

Jim Knight

Mr David Lammy

NC7

To move the following Clause:—

‘(1)
Information within subsection (2) or (3) may be—

(a)
used in connection with the exercise of an assessment function of the

Secretary of State or a devolved authority, or

(b)
disclosed to a person for use in connection with the exercise of an

assessment function of the Secretary of State or a devolved authority.

(2)
Information is within this subsection if—

(a)
it is about an individual who has attained the age of 19, and

(b)
it is held by the Secretary of State for the purposes of any function of the

Secretary of State relating to social security.

(3)
Information is within this subsection if—

(a)
it is about an individual who has attained the age of 19,

(b)
it is held by the Secretary of State or a devolved authority, and

(c)
it relates to any training or course of education undertaken by the

individual (whether before or after the individual attained the age of 19).

(4)
For the purposes of this section and sections (Revenue and Customs information)

to 74, “assessment function” means any of the following functions—

(a)
evaluating the effectiveness of training or education provided for persons

who have attained the age of 19;

(b)
assessing policy in relation to the provision of such training or education;

(c)
assessing policy in relation to social security or employment as it affects

the provision of or participation in such training or education.’.

Revenue and Customs information

Jim Knight

Mr David Lammy

NC8

To move the following Clause:—

‘(1)
The Commissioners for Her Majesty’s Revenue and Customs may disclose

information relating to income tax or tax credits to a person for use in connection

Public Bill Committee: 26th February 2008
420

Education and Skills Bill, continued

with the exercise of an assessment function of the Secretary of State or a devolved

authority.

(2)
The reference in subsection (1) to the Commissioners for Her Majesty’s Revenue

and Customs includes a reference to a person authorised by the Commissioners.’.

Use of information

Jim Knight

Mr David Lammy

NC9

To move the following Clause:—

‘(1)
Information disclosed to a person in reliance on section (Benefit and training

information)(1)(b) or (Revenue and Customs information) may be used by that

person only in connection with the exercise of an assessment function of the

Secretary of State or a devolved authority.

(2)
Subsection (3) applies where information about an individual is used in

connection with the exercise of an assessment function of the Secretary of State

or a devolved authority—

(a)
in reliance on section (Benefit and training information)(1)(a), or

(b)
under subsection (1) above.

(3)
So far as is reasonably practicable, the information must not be used in such a way

that the identity of the individual is disclosed to, or capable of being discovered

by, a person carrying out an evaluation or assessment of a kind mentioned in

section (Benefit and training information)(4)(a) to (c).’.

Sixth form admissions etc

Jim Knight

NC10

To move the following Clause:—

‘After section 86 of the School Standards and Framework Act 1998 (c. 31)

(parental preferences) insert—

“86A
Preferences relating to sixth-form education: local education

authority arrangements

(1)
A local education authority shall make arrangements for enabling—

(a)
a child in the authority’s area to express a preference as to the

school at which he wishes sixth form education to be provided

for him in the exercise of the authority’s functions,

(b)
a parent of such a child to express a preference as to the school

at which he wishes sixth form education to be so provided for his

child,

Public Bill Committee: 26th February 2008
421

Education and Skills Bill, continued

(c)
a relevant child to express a preference as to the school at which

he wishes education other than sixth form education to be

provided for him in the exercise of the authority’s functions, and

(d)
a parent of such a child to express a preference as to the school

at which he wishes such education to be so provided for his child,


and, in each case, for enabling the person expressing the preference to

give reasons for his preference.

(2)
In subsection (1), “relevant child”, in relation to a local education

authority and any education, means a child in the authority’s area who—

(a)
has ceased to be of compulsory school age, or

(b)
will have ceased to be of compulsory school age before the

education in question is provided for him.

(3)
Arrangements made under subsection (1) shall allow—

(a)
a person who is to be able to express a preference under any of

paragraphs (a) to (d) of that subsection to express preferences for

more than one school;

(b)
preferences to be expressed, in relation to a child, by both the

child and a parent of his.

(4)
Where—

(a)
the arrangements for the admission of pupils to a maintained

school provide for applications for admisssion to be made to (or

to a person acting on behalf of) the governing body of the school,

and

(b)
a child (whether or not in the area of the authority maintaining

the school) or his parent makes such an application,


that person shall be regarded for the purposes of this Chapter as having

expressed a preference for that school in accordance with arrangements

made under subsection (1).

(5)
Regulations may provide, in cases where a school operates arrangements

for entry to the sixth form of children who have been admitted to the

school, for a child who has been admitted to the school, or his parent, to

be regarded, in prescribed circumstances, for the purposes of this Chapter

as having expressed a preference for sixth form education to be provided

for the child at the school in accordance with arrangements made under

subsection (1).

86B
Duty in relation to preferences expressed under section 86A:

admission authorities of maintained schools

(1)
Subject to subsections (2) and (4) and section 87, the admission authority

for a maintained school shall comply with any preference expressed in

accordance with arrangements made under section 86A(1).

(2)
The duty imposed by subsection (1) does not apply if compliance with

the preference would prejudice the provision of efficient education or the

efficient use of resources.

(3)
Subsections (5) to (5B) of section 86 apply for the purpose of

determining whether any prejudice should be taken to arise for the

purposes of subsection (2), but with the substitution of references to that

subsection for references to subsection (3)(a) of section 86.

Public Bill Committee: 26th February 2008
422

Education and Skills Bill, continued

(4)
The duty imposed by subsection (1) does not apply in a case where a

preference is expressed in relation to sixth form education if—

(a)
the relevant selection arrangements for the preferred school are

wholly based on selection by reference to ability or aptitude, and

(b)
compliance with the preference would be incompatible with

selection under those arrangements.

(5)
Where the relevant selection arrangements for a school provide for all

pupils selected under the arrangements to be selected by reference to

ability or aptitude, those arrangements shall be taken for the purposes of

subsection (4)(a) to be wholly based on selection by reference to ability

or aptitude whether or not they also provide for the use of additional

criteria in circumstances where the number of children in a relevant age

group who are assessed to be of the requisite ability or aptitude is greater

than the number of pupils which it is intended to admit to the school in

that age group.

(6)
In this section “the relevant selection arrangements”, in relation to a

school, means—

(a)
the arrangements for admission to the school for sixth form

education, or

(b)
those arrangements and the arrangements for entry to the sixth

form of children who have been admitted to the school.” ’.

Sixth form admissions etc: appeals

Jim Knight

NC11

To move the following Clause:—

‘(1)
Section 94 of the School Standards and Framework Act 1998 (c. 31) (appeal

arrangements: general) is amended as follows.

(2)
In subsection (1)—

(a)
for “the parent of a child” substitute “the appropriate person”;

(b)
before paragraph (a) insert—

“(za)
in a case where the local education authority are the

admissions authority, any decision made by or on behalf

of the authority refusing a child admission to a school,”;

(c)
in paragraph (a)—

(i)
for “any decision” substitute “any other decision”, and

(ii)
for “the child” substitute “a child”;

(d)
in paragraph (b), for “the child” substitute “a child”.

(3)
In subsection (1A), for “the parent of” substitute “the appropriate person in

relation to”.

(4)
In subsection (2)—

(a)
for “the parent of a child” substitute “the appropriate person”;

(b)
for “the child” substitute “a child”.

(5)
In subsection (2A), for “the parent of” substitute “the appropriate person in

relation to”.

Public Bill Committee: 26th February 2008
423

Education and Skills Bill, continued

(6)
After that subsection insert—

“(2B)
In this section, “the appropriate person”, in relation to a child, means—

(a)
in the case of a decision made in relation to a preference

expressed in accordance with arrangements made under section

86A(1) as to where education should be provided for the child

any of the following—

(i)
the child;

(ii)
a parent of his;

(iii)
the child and a parent of his, acting jointly;


(but subject to regulations made under subsection (5A));

(b)
in any other case, a parent of the child.”

(7)
In subsection (5A), after paragraph (a) insert—

“(aa)
in cases where separate appeals are made by a parent and a child

against a decision made in relation to a preference expressed in

accordance with arrangements made under section 86A(1), for

the appeals to be joined, or otherwise for securing that no more

than one appeal against the decision is proceeded with;”.’.

Meaning of “sixth form education” etc

Jim Knight

NC12

To move the following Clause:—

‘After section 98 of the School Standards and Framework Act 1998 (c. 31)

insert—

“98A
Meaning of “sixth form education” etc

(1)
In this Chapter, “sixth form education” means secondary education

suitable to the requirements of pupils who are over compulsory school

age.

(2)
References in this Chapter, in relation to a child who has been admitted

to a school, to his entering the school’s sixth form are to his being

transferred to a class at the school in which sixth form education is

provided from a class in which such education is not so provided.” ’.

Exercise of travel functions by local education authorities in England: duty to have

regard to religion or belief of persons of sixth form age

Jim Knight

nc14


To move the following Clause:—

Public Bill Committee: 26th February 2008
424

Education and Skills Bill, continued

‘In section 509AD of the Education Act 1996 (c. 56) (LEAs in England: duty to

have regard to religion or belief in exercise of travel functions), in subsection (1),

for the words from “to any wish” to the end substitute—

“(a)
to any wish of a parent of such a person for him to be provided

with education or training at a particular school, institution or

other place where that wish is based on the parent’s religion or

belief, and

(b)
in a case where the person in question (or any of the persons in

question) is of sixth form age (within the meaning given in

section 509AC(1)), to any wish of that person to be provided

with education or training at a particular school, institution or

other place where that wish is based on the person’s religion or

belief.”’.

Learning and support contracts

Mr David Laws

Mr Stephen Williams

NC1

To move the following Clause:—

‘(1)
This section applies where a person to whom this Part applies (“the young

person”) is failing to fulfil the duty imposed by section 2.

(2)
A local education authority in England may enter into a learning and support

contract with a young person—

(a)
if the young person is resident in that authority’s area; and

(b)
the authority considers that entering into the learning and support

contract would be desirable in the interests of the young person’s

fulfilment of that duty.

(3)
A learning and support contract is a document which contains—

(a)
a statement by the young person that the young person agrees to comply

with such requirements as may be specified in the document for such

period as so may be specified; and

(b)
a statement by the local education authority that it agrees to provide

support to the young person for the purpose of complying with those

requirements.

(4)
A learning and support contract must be signed by the young person, and signed

on behalf of the local education authority.

(5)
A learning and support contract does not create any obligations in respect of

whose breach any liability arises in contract or tort.’.

Public Bill Committee: 26th February 2008
425

Education and Skills Bill, continued

Duty to assess education and training provision

Mr David Laws

Mr Stephen Williams

NC2

To move the following Clause:—

‘(1)
A local education authority in England must prepare assessments of the

sufficiency of the provision of education and training provision in their area

(“education and training assessments”).

(2)
The first education and training assessment must be prepared before the end of

the period of one year beginning with the commencement of this section.

(3)
Subsequent education and training assessments must be prepared at intervals not

exceeding three years.

(4)
The authority must keep an education and training assessment prepared by them

under review until the education and training assessment is superseded by a

further education and training assessment.

(5)
Regulations may make provision requiring an education and training

assessment—

(a)
to deal with prescribed matters, or be prepared according to prescribed

criteria;

(b)
to be in the prescribed form; and

(c)
to be published in the prescribed manner.

(6)
In preparing an education and training assessment and keeping it under review, a

local education authority in England must—

(a)
consult such persons, or persons of such a description, as may be

prescribed; and

(b)
have regard to any guidance given from time to time by the Secretary of

State.’.

Duty to secure sufficient and diverse education and training provision

Mr David Laws

Mr Stephen Williams

NC3

To move the following Clause:—

‘(1)
A local education authority in England must secure, as far as is reasonably

practicable, that the provision of education and training is sufficient to meet the

requirements of young persons in their area.

(2)
In determining for the purposes of subsection (1) whether the provision of

education and training is sufficient to meet those requirements, a local

authority—

(a)
must have regard to the needs of young persons in their area for a diverse

range of academic and vocational provision,

(b)
must have regard to the provision of education and training which is

suitable for disabled young persons and those with learning difficulties,

and

(c)
may have regard to any education and training which they expect to be

available outside their area.