|
| |
|
| |
(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 |
| |
(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. |
| |
| |
(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). |
| |
| |
(a) | send a copy of the report (or parts of it) to any person they think |
| |
| |
(b) | otherwise publish the report (or parts of it) in any manner they |
| 35 |
| |
(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 |
| |
(b) | the period within which each relevant person proposes to take |
| |
| |
(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 |
|
| |
|
| |
|
(a) | the relevant local authority; |
| |
(b) | any person or body, other than the relevant local authority, |
| |
| |
(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 |
| |
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 |
| |
| 25 |
| |
(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 |
| |
| |
(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 |
| |
| 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 |
| |
| |
(10) | In this section “documents” and “records” each include information |
| |
| 45 |
|
| |
|
| |
|
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 |
| |
| |
(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 |
| |
(4) | A warrant under this section must be addressed to, and executed by, a |
| |
| |
(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 |
| |
(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— |
| |
| |
| 25 |
(c) | a magistrates’ court. |
| |
98G | Inspection of children’s centres: interpretation |
| |
| |
“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 |
| |
“(fa) | a children’s centre (within the meaning of section 5A(4) of the |
| |
| |
|
| |
|
| |
|
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 |
| |
| |
(b) | where in that area those services are provided or are expected |
| 10 |
| |
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 |
| |
“(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 |
| |
(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 |
| |
| 30 |
(3) | Financial assistance provided by a local education authority in England |
| |
to a childcare provider is “relevant” financial assistance if it is |
| |
| |
(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 |
| |
|
| |
|
| |
|
(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 |
| |
(f) | require an authority to provide relevant childcare providers |
| |
with prescribed information relating to their determination of |
| |
| |
(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 |
| |
| |
(5) | For the purposes of this section— |
| |
(a) | “childcare” has the meaning given in section 18 of the Childcare |
| 20 |
| |
(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.” |
| |
| |
| |
| |
| 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 |
| |
| |
(a) | a local education authority in England maintain a |
| 40 |
disproportionate number of low-performing schools, and |
| |
|
| |
|
| |
|
| |
(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 |
| |
| |
(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 |
| |
| |
(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. |
| |
| |
| 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 |
| |
| |
(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 |
| |
| 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 |
| |
| |
(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— |
| |
|
| |
|
| |
|
(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 |
| |
| 5 |
(b) | the act is done by or on behalf of the other person in carrying out the |
| |
| |
| |
(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 |
| |
| 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 |
| |
(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. |
| |
|
| |
|