Apprenticeships, Skills, Children and Learning Bill

House of Commons

Session 2008 - 09
Internet Publications
Other Bills before Parliament

Apprenticeships, Skills, Children and Learning Bill

Apprenticeships, Skills, Children and Learning Bill
Part 9 — Children’s services
106

98B
Reports
(1)
After conducting an inspection of a children’s centre under section 98A,
the Chief Inspector must make a report in writing.
(2)
The report must address the centre’s contribution to—
(a)
facilitating access to early childhood services by parents,
5
prospective parents and young children;
(b)
maximising the benefit of those services to parents, prospective
parents and young children;
(c)
improving the well-being of young children.
(3)
Regulations may make provision, for the purposes of subsection (2),
10
about—
(a)
matters required to be dealt with in the report;
(b)
matters not required to be dealt with in the report.
(4)
The regulations may, in particular, require the matters dealt with in the
report to include matters relating to the quality of the leadership and
15
management of the centre, including whether the financial resources
made available to it are managed effectively.
(5)
The Chief Inspector—
(a)
may send a copy of the report to the Secretary of State and must
do so without delay if the Secretary of State requests a copy;
20
(b)
must ensure that a copy of the report is sent without delay to the
relevant local authority;
(c)
may arrange for the report (or parts of it) to be further published
in any manner the Chief Inspector considers appropriate.
(6)
For the purposes of this section and section 98C, the “relevant local
25
authority”, in relation to a children’s centre, is the English local
authority that made the arrangements under section 3(2) by virtue of
which the centre is provided.
98C
Action to be taken by local authority on receiving report
(1)
This section applies where a copy of a report relating to a children’s
30
centre is sent to the relevant local authority under section 98B(5)(b).
(2)
The authority may—
(a)
send a copy of the report (or parts of it) to any person they think
appropriate;
(b)
otherwise publish the report (or parts of it) in any manner they
35
think appropriate.
(3)
The authority must secure that a written statement within subsection
(4) is prepared and published.
(4)
A statement within this subsection is one setting out—
(a)
the action that each relevant person proposes to take in the light
40
of the report, and
(b)
the period within which each relevant person proposes to take
that action.
(5)
For the purposes of this section and section 98D, each of the following
is a relevant person in relation to a children’s centre—
45

Apprenticeships, Skills, Children and Learning Bill
Part 9 — Children’s services
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(a)
the relevant local authority;
(b)
any person or body, other than the relevant local authority,
managing the centre.
(6)
In exercising their functions under this section, an English local
authority must have regard to any guidance given from time to time by
5
the Secretary of State.
98D
Inspections of children’s centres: powers of entry
(1)
The Chief Inspector may, at any reasonable time, enter any relevant
premises in England for the purpose of conducting an inspection of a
children’s centre under section 98A.
10
(2)
“Relevant premises”, for the purposes of subsection (1), are—
(a)
premises on which services or activities are being provided
through the children’s centre;
(b)
premises of a relevant person which are used in connection with
the staffing, organisation or operation of the children’s centre.
15
(3)
But premises used wholly or mainly as a private dwelling are not
relevant premises for the purposes of subsection (1).
(4)
An authorisation given by the Chief Inspector under paragraph 9(1) of
Schedule 12 to the Education and Inspections Act 2006 in relation to
functions under subsection (1)—
20
(a)
may be given for a particular occasion or period;
(b)
may be given subject to conditions.
(5)
Subject to any conditions imposed under subsection (4)(b), subsections
(6) to (8) apply where a person (“the inspector”) enters premises under
this section.
25
(6)
The inspector may—
(a)
inspect the premises;
(b)
take measurements and photographs or make recordings;
(c)
inspect any children for whom activities are provided on the
premises, and the arrangements made for their welfare;
30
(d)
interview in private any person working on the premises who
consents to be interviewed.
(7)
The inspector may inspect, and take copies of, any records or
documents relating to—
(a)
the services or activities provided through the children’s centre;
35
(b)
the staffing, organisation or operation of the children’s centre.
(8)
The inspector may require a person to afford such facilities and
assistance, with respect to matters within the person’s control, as are
necessary to enable the inspector to exercise the powers conferred by
this section.
40
(9)
Section 58 of the Education Act 2005 (inspection of computer records)
applies for the purposes of this section as it applies for the purposes of
Part 1 of that Act.
(10)
In this section “documents” and “records” each include information
recorded in any form.
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Apprenticeships, Skills, Children and Learning Bill
Part 9 — Children’s services
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98E
Obstruction of power of entry, etc.
(1)
A person commits an offence if the person intentionally obstructs
another person exercising a power under section 98D.
(2)
A person guilty of an offence under subsection (1) is liable on summary
conviction to a fine not exceeding level 4 on the standard scale.
5
98F
Power of constable to assist in exercise of power of entry
(1)
The Chief Inspector may apply to a court for a warrant under this
section.
(2)
Subsection (3) applies if on an application under subsection (1) it
appears to the court that the Chief Inspector—
10
(a)
has attempted to exercise a power conferred by section 98D but
has been prevented from doing so, or
(b)
is likely to be prevented from exercising any such power.
(3)
The court may issue a warrant authorising any constable to assist the
Chief Inspector in the exercise of the power, using reasonable force if
15
necessary.
(4)
A warrant under this section must be addressed to, and executed by, a
constable.
(5)
Schedule 11 to the Children Act 1989 (jurisdiction of courts) applies in
relation to proceedings under this section as if they were proceedings
20
under that Act.
(6)
Subject to any provision made (by virtue of subsection (5)) by or under
Schedule 11 to the Children Act 1989, “court” in this section means—
(a)
the High Court;
(b)
a county court;
25
(c)
a magistrates’ court.
98G
Inspection of children’s centres: interpretation
In sections 98A to 98F—
“the Chief Inspector” means Her Majesty’s Chief Inspector of
Education, Children’s Services and Skills;
30
“children’s centre” has the meaning given by section 5A(4);
“relevant partner” has the same meaning as in section 4.”
188
Children’s centres: safeguarding children
In paragraph 3(1) of Schedule 4 to the Safeguarding Vulnerable Groups Act
2006 (c. 47) (regulated activities relating to children: establishments) after
35
paragraph (f) insert—
“(fa)
a children’s centre (within the meaning of section 5A(4) of the
Childcare Act 2006);”.

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Part 9 — Children’s services
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Arrangements in respect of early childhood services
189
Arrangements in respect of early childhood services
In section 3 of the Childcare Act 2006 (c. 21) (specific duties of local authority
in relation to early childhood services) after subsection (4) insert—
“(4A)
In deciding what arrangements to make under this section, an English
5
local authority must in particular have regard to—
(a)
the quantity and quality of early childhood services that are
provided, or that the authority expect to be provided, in their
area, and
(b)
where in that area those services are provided or are expected
10
to be provided.”
Early years provision: budgetary framework
190
Free of charge early years provision: budgetary framework: England
(1)
The School Standards and Framework Act 1998 (c. 31) is amended as follows.
(2)
In section 45A (determination of specified budgets of LEA), after subsection
15
(4A) insert—
“(4B)
For the purposes of this Part, the duty imposed on a local authority in
England by section 7(1) of the Childcare Act 2006 (duty to secure
prescribed early years provision free of charge) is to be treated as
imposed on the authority in their capacity as a local education
20
authority.”
(3)
After section 47 (determination of school’s budget share) insert—
“47ZA
Free of charge early years provision outside a maintained school:
budgetary framework: England
(1)
This section applies where a local education authority in England
25
propose to allocate an amount of relevant financial assistance to a
relevant childcare provider for a funding period out of the authority’s
individual schools budget for the period.
(2)
The amount to be allocated is to be determined in accordance with
regulations.
30
(3)
Financial assistance provided by a local education authority in England
to a childcare provider is “relevant” financial assistance if it is
provided—
(a)
for the purpose of the discharge of the authority’s duty under
section 7 of the Childcare Act 2006, and
35
(b)
in respect of the provision of childcare.
(4)
Regulations under this section may, in particular—
(a)
specify factors or criteria which an authority are to take into
account in determining the amount of any relevant financial
assistance to be provided by them to a relevant childcare
40
provider;

Apprenticeships, Skills, Children and Learning Bill
Part 10 — Schools
Chapter 1 — Schools causing concern
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(b)
specify factors or criteria which an authority are to disregard in
determining such an amount;
(c)
specify requirements as to other matters with which an
authority are to comply in determining such an amount;
(d)
make provision about consultation to be carried out by an
5
authority in connection with determining such an amount;
(e)
authorise an authority, in prescribed circumstances and to a
prescribed extent, to determine such an amount in accordance
with arrangements approved by the Secretary of State (instead
of in accordance with arrangements provided for by the
10
regulations);
(f)
require an authority to provide relevant childcare providers
with prescribed information relating to their determination of
such an amount;
(g)
make provision about the circumstances in which an authority
15
are required to redetermine such an amount;
(h)
specify a time by which an authority’s determination of such an
amount is to take place.
(5)
For the purposes of this section—
(a)
“childcare” has the meaning given in section 18 of the Childcare
20
Act 2006;
(b)
“relevant childcare provider” means a provider of childcare
other than the governing body of a maintained school;
(c)
a reference to an authority’s determination of the amount of any
relevant financial assistance includes a reference to the
25
authority’s redetermination of such an amount.”
Part 10
Schools
Chapter 1
Schools causing concern
30
Schools causing concern: England
191
Powers in relation to schools causing concern: England
Schedule 13 makes provision in relation to schools causing concern in England.
192
Power to require LEAs in England to obtain advisory services
(1)
Section 62A of the Education Act 2002 (power of Secretary of State to require
35
LEAs in England to obtain advisory services) is amended as follows.
(2)
After subsection (1) insert—
“(1A)
This section also applies where it appears to the Secretary of State
that—
(a)
a local education authority in England maintain a
40
disproportionate number of low-performing schools, and

Apprenticeships, Skills, Children and Learning Bill
Part 10 — Schools
Chapter 2 — Complaints: England
111

(b)
the authority—
(i)
have not been effective or are unlikely to be effective in
securing an improvement in the standards of
performance of pupils at those schools, or
(ii)
are unlikely to be effective in securing an improvement
5
in the standards of performance of pupils at other
schools which may in the future be low-performing
schools.
(1B)
In subsection (1A) “low-performing school” means a school at which
the standards of performance of pupils are unacceptably low.
10
(1C)
For the purposes of subsection (1B) the standards of performance of
pupils at a school are low if they are low by reference to any one or
more of the following—
(a)
the standards that the pupils might in all the circumstances
reasonably be expected to attain;
15
(b)
where relevant, the standards previously attained by them;
(c)
the standards attained by pupils at comparable schools.”
(3)
In subsection (4) after “section” insert—
““pupil” has the same meaning as in the Education Act 1996 (see sections
3 and 19(5) of that Act);”.
20
Schools causing concern: Wales
193
Powers in relation to schools causing concern: Wales
Schedule 14 makes provision in relation to schools causing concern in Wales.
Chapter 2
Complaints: England
25
194
Complaints to which this Chapter applies
(1)
This Chapter applies to a complaint against a school made by—
(a)
a parent of a pupil at a qualifying school in England; or
(b)
a pupil at such a school.
(2)
In subsection (1) “a complaint against a school” means (subject to subsection
30
(3)) a complaint that the pupil or a parent of the pupil has sustained injustice
in consequence of—
(a)
an act of the governing body of the school; or
(b)
an exercise of, or failure to exercise, a prescribed function of the head
teacher of the school.
35
(3)
A “complaint against a school” does not include a complaint that relates to—
(a)
a decision about admissions to the school;
(b)
a matter in respect of which the complainant has or had a prescribed
right of appeal.
(4)
An act is to be treated as an act of the governing body of a school for the
40
purposes of subsection (2) if it is an act of—

Apprenticeships, Skills, Children and Learning Bill
Part 10 — Schools
Chapter 2 — Complaints: England
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(a)
a person acting on behalf of the governing body; or
(b)
a person to whom the governing body has delegated any functions.
(5)
An act is also to be treated as an act of the governing body of a school if—
(a)
the governing body exercises a function by means of an arrangement
with another person; and
5
(b)
the act is done by or on behalf of the other person in carrying out the
arrangement.
(6)
In this section—
(a)
“function” includes a power and a duty;
(b)
“head teacher” has the meaning given by section 579(1) of the
10
Education Act 1996 (c. 56);
(c)
“qualifying school” means a community, foundation or voluntary
school, a community or foundation special school, a maintained
nursery school (within the meaning given by section 22(9) of the School
Standards and Framework Act 1998 (c. 31)) or a short stay school;
15
(d)
references to a pupil at a qualifying school are (subject to section 195(6))
references to a person who is, or was within a prescribed period ending
with the date of the complaint, a registered pupil (within the meaning
of the Education Act 1996) at the school;
(e)
“parent”, in relation to a pupil, has the meaning given by section 576 of
20
the Education Act 1996 in relation to a child or young person.
(7)
In this Chapter a reference to an act includes an omission.
195
Power of Local Commissioner to investigate complaint
(1)
This section applies where a complaint to which this Chapter applies, and
which meets the requirements of section 196—
25
(a)
is made by the complainant to a Local Commissioner; or
(b)
is made by the complainant to a governor, the governing body or the
head teacher of the school and referred to a Local Commissioner, with
the complainant’s consent, by the governing body or the head teacher
of the school.
30
(2)
Where this section applies, a Local Commissioner may under this Chapter
investigate the complaint.
(3)
But before investigating a complaint to which this Chapter applies, a Local
Commissioner must be satisfied—
(a)
that the matter was brought to the notice of the governing body by or
35
on behalf of the complainant and that the governing body was given a
reasonable opportunity to investigate the matter and respond; or
(b)
that, in the particular circumstances, it is not reasonable to expect the
matter to be brought to the notice of the governing body or for the
governing body to be given a reasonable opportunity to investigate the
40
matter and respond.
(4)
Whether to initiate, continue or discontinue an investigation is a matter for the
discretion of the Local Commissioner dealing with the complaint.
(5)
A Local Commissioner may in particular decide not to investigate a complaint
under this Chapter, or to discontinue an investigation, if satisfied with the
45
action that the governing body has taken or proposes to take.