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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

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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;

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(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—

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

107

 

(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;

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(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

108

 

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;

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(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);”.

 
 

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

109

 

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

110

 

(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

112

 

(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.

 
 

 
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