House of Commons Amendments

House of Commons

Session 2008 - 09
Internet Publications
Other Bills before Parliament

Public Bill Committee: 17 March 2009
368

Apprenticeships, Skills, Children and Learning Bill, continued

Mr Nick Gibb

Mr John Hayes

Mrs Maria Miller

Bill Wiggin

86

Clause  233,  page  136,  leave out lines 36 to 38.

Mr Nick Gibb

Mr John Hayes

Mrs Maria Miller

Bill Wiggin

210

Clause  233,  page  136,  line  41,  at end insert ‘subject to the discretion and

professional judgement of the headteacher.’.

Mr Nick Gibb

Mr John Hayes

Mrs Maria Miller

Bill Wiggin

87

Clause  233,  page  137,  leave out lines 3 and 4.

Mr Nick Gibb

Mr John Hayes

Mrs Maria Miller

Bill Wiggin

94

Clause  233,  page  137,  line  7,  at end insert—

‘(4A)
Guidance issued under subsection (4) must not advise the retention of incident

record forms beyond a period of three years.’.

Mr Nick Gibb

Mr John Hayes

Mrs Maria Miller

Bill Wiggin

84

Clause  235,  page  138,  leave out lines 5 and 6.

Mr David Laws

Stephen Williams

Annette Brooke

371

Clause  235,  page  138,  line  6,  at end insert—

‘(c)
the management committee of a school falling within section 19(2B) of

the Education Act 1996 (c.56) (pupil referral units).’.

Public Bill Committee: 17 March 2009
369

Apprenticeships, Skills, Children and Learning Bill, continued

Mr Nick Gibb

Mr John Hayes

Mrs Maria Miller

Bill Wiggin

85

Clause  235,  page  138,  line  7,  leave out ‘must’ and insert ‘may’.

Mr Nick Gibb

Mr John Hayes

Mrs Maria Miller

Bill Wiggin

80

Clause  235,  page  138,  line  10,  at end insert—

‘(2A)
In performing their duties under this section, relevant partners must seek to ensure

that all pupils are able to work, study and learn in a safe, secure and ordered

environment.’.

Mr David Laws

Stephen Williams

Annette Brooke

288

Clause  235,  page  138,  line  10,  at end insert—

‘( )
reduce exclusion rates for pupils with special educational needs.’.

Mr Nick Gibb

Mr John Hayes

Mrs Maria Miller

Bill Wiggin

338

Clause  235,  page  138,  line  10,  at end insert—

‘(2A)
In performing their duties under this section, relevant partners must require as a

condition of admission to the school, the agreement of “home-school contracts”

between the school and each pupil, establishing the required levels of compliance

with the rules of the school.’.

Mr Nick Gibb

Mr John Hayes

Mrs Maria Miller

Bill Wiggin

258

Clause  235,  page  138,  line  12,  after ‘State’, insert ‘, with such guidance ensuring

that relevant partners shall not be forced into partnerships against the wishes of the

governing bodies of those relevant partners.’.

Jim Knight

Mr Siôn Simon

304

Clause  235,  page  138,  line  12,  leave out ‘from time to time’.

Member’s explanatory statement

See Member’s explanatory statement for amendment 290.

Public Bill Committee: 17 March 2009
370

Apprenticeships, Skills, Children and Learning Bill, continued

Mr Nick Gibb

Mr John Hayes

Mrs Maria Miller

Bill Wiggin

262

Clause  235,  page  138,  line  12,  at end insert—

‘(3A)
For the purposes of subsections (2) and (3), a relevant partner may only enter an

arrangement with another relevant partner if the governing bodies of both

relevant partners approve the arrangement.’.

Mr Nick Gibb

Mr John Hayes

Mrs Maria Miller

Bill Wiggin

97

Clause  236,  page  138,  line  28,  leave out ‘short stay school’ and insert ‘school for

alternative education’.

Mr Nick Gibb

Mr John Hayes

Mrs Maria Miller

Bill Wiggin

98

Clause  236,  page  138,  line  28,  leave out ‘short stay school’ and insert ‘prospect

school’.

Mr Nick Gibb

Mr John Hayes

Mrs Maria Miller

Bill Wiggin

78

Clause  237,  page  139,  line  14,  at end insert—

‘(1A)
The Secretary of State may direct a local authority in England that is a partner in

a Local Education Partnership (LEP) to provide information about the acoustic

quality of schools to be built or refurbished by that LEP.’.

Mr David Laws

Stephen Williams

Annette Brooke

289

Clause  237,  page  139,  line  14,  at end insert—

‘( )
including expenditure on pupils with special educational needs.’.

Public Bill Committee: 17 March 2009
371

Apprenticeships, Skills, Children and Learning Bill, continued

Jim Knight

Mr Siôn Simon

187

Clause  248,  page  147,  line  16,  after ‘order’ insert ‘or regulations’.

Member’s explanatory statement

The effect of this technical drafting amendment is that a statutory instrument containing

regulations under clause 5 or clause 9 is subject to annulment in pursuance of a resolution of the

National Assembly for Wales.

Jim Knight

Mr Siôn Simon

188

Clause  248,  page  147,  line  17,  leave out first ‘or’ and insert ‘(other than an order

under section 8) or under’.

Member’s explanatory statement

This amendment is consequent on amendment 152: its effect is that an order under clause 8 will

not be subject to procedural requirements.

NEW CLAUSES

Persons detained in youth accommodation: further provision

Jim Knight

Mr Siôn Simon

NC17

To move the following Clause:—

‘After section 562 of the Education Act 1996 (c. 56) insert—

“Chapter 5A

Persons detained in youth accommodation

Provisions applying to detained persons

562A
Application of Act to detained persons

(1)
In its application in relation to detained persons, this Act has effect

subject to modifications prescribed by regulations made by the

appropriate national authority.

(2)
In this Chapter, references to a detained person are to a child or young

person who is—

(a)
subject to a detention order, and

(b)
detained in relevant youth accommodation.

562B
Duty to take steps to promote fulfilment of potential

(1)
Subsection (2) applies in relation to a detained person who is not a looked

after child.

(2)
The home authority must—

Public Bill Committee: 17 March 2009
372

Apprenticeships, Skills, Children and Learning Bill, continued

(a)
during the period of detention in relevant youth accommodation,

and

(b)
on the person’s release from detention in relevant youth

accommodation,


take such steps as they consider appropriate to promote the person’s

fulfilment of his or her learning potential.

(3)
Those steps must include, where it appears to the home authority

appropriate for them to do so, making arrangements for the provision, on

the person’s release from detention—

(a)
of education, or

(b)
in the case of a person who is over compulsory school age, of

education or training.

(4)
Where the host authority make any determination as to the education or

training to be provided for a detained person, the authority must have

regard to any information provided by the home authority under section

562E for the purpose of assisting any such determination.

562C
Detained persons with special educational needs

(1)
This section applies where, immediately before the beginning of the

detention, a local education authority were maintaining a statement under

section 324 for a detained person.

(2)
The authority must keep the statement while the person is detained in

relevant youth accommodation.

(3)
The host authority must use best endeavours to secure that appropriate

special educational provision is made for the detained person while the

person is detained in relevant youth accommodation.

(4)
For the purposes of subsection (3), appropriate special educational

provision is—

(a)
the special educational provision that, immediately before the

beginning of the detention, was specified in the statement,

(b)
educational provision corresponding as closely as practicable to

the special educational provision that was then specified in the

statement, or

(c)
if it appears to the host authority that the special educational

provision specified in the statement is no longer appropriate for

the person, such special educational provision as reasonably

appears to the host authority to be appropriate for the person.

562D
Appropriate special educational provision: arrangements between

local education authorities

(1)
This section applies where appropriate special educational provision is

secured for a person under section 562C.

(2)
A local education authority may supply goods and services to—

(a)
the host authority, or

(b)
any other person making the educational provision in question.

(3)
Goods and services may be supplied under subsection (2) only for the

purpose of assisting the making or securing of that educational provision.

Public Bill Committee: 17 March 2009
373

Apprenticeships, Skills, Children and Learning Bill, continued

Provision of information relating to detained persons

562E
Provision of information about detained persons

(1)
Any person who has provided education or training for a detained person

(whether before or during the period of detention) may provide

information relating to the detained person to—

(a)
the home authority, or

(b)
the host authority,


for the purposes of, or in connection with, the provision of education or

training for the detained person.

(2)
A local education authority must, on a request under subsection (3), as

soon as practicable provide to the person making the request such

information that they hold relating to a detained person as is requested.

(3)
A request is made under this subsection if it—

(a)
is made by a person within subsection (4), and

(b)
asks only for information which the person requires for the

purposes of, or in connection with, the provision of education or

training for the detained person (including education or training

to be provided after the person’s release from detention).

(4)
Those persons are—

(a)
any other local education authority;

(b)
a youth offending team established under section 39 of the Crime

and Disorder Act 1998;

(c)
the person in charge of any place at which the child or young

person is detained or is expected to be detained;

(d)
any person providing or proposing to provide education or

training for the child or young person.

(5)
The Welsh Ministers must, on a request by the home authority or the host

authority, provide a copy of any relevant assessment report for the

purposes of the exercise of any function of that authority under section

18A or this Chapter.

(6)
In subsection (5), “relevant assessment report” means a report of an

assessment of a detained person conducted (whether before or during the

period of detention)—

(a)
under section 140 of the Learning and Skills Act 2000, and

(b)
by virtue of arrangements made by the Welsh Ministers.

(7)
In this section any reference to the host authority, in relation to a detained

person, includes a reference to any local education authority in whose

area the person is expected to be detained.

562F
Information to be provided where statement of special educational

needs previously maintained

(1)
This section applies in relation to a detained person if, immediately

before the beginning of the detention, a local education authority were

maintaining a statement under section 324 for the person.

(2)
Subsection (3) applies where the home authority become aware (whether

by notice under section 39A(2) of the Crime and Disorder Act 1998

(detention of child or young person: local education authorities to be

notified) or otherwise)—

Public Bill Committee: 17 March 2009
374

Apprenticeships, Skills, Children and Learning Bill, continued

(a)
that the person—

(i)
has become subject to a detention order, and

(ii)
is detained in relevant youth accommodation, or

(b)
that the person has been transferred from one place of

accommodation to another place of accommodation which is

relevant youth accommodation.

(3)
Where the home authority are not the host authority—

(a)
if, immediately before the beginning of the detention, they were

maintaining the statement, they must send a copy of the

statement to the host authority;

(b)
if they are or become aware that, immediately before the

beginning of the detention, another local education authority

were maintaining a statement for the person under section 324,

they must notify the host authority of that fact.

(4)
A local education authority who immediately before the beginning of the

detention were maintaining a statement for the person under section 324

must, on a request by the host authority, send a copy of the statement to

the host authority.

(5)
Where the person is released from detention in relevant youth

accommodation, the host authority must notify—

(a)
the home authority, and

(b)
if different, the authority who, immediately before the beginning

of the detention, were maintaining the statement under section

324,


of the person’s release.

(6)
If the home authority are not the authority who immediately before the

beginning of the detention were maintaining the statement, the host

authority must also notify the home authority—

(a)
of the fact that immediately before the beginning of the detention

a statement was being maintained for the person by a local

education authority under section 324, and

(b)
of the identity of that authority.

562G
Release of detained person appearing to host authority to require

assessment

(1)
This section applies in relation to the release from detention in relevant

youth accommodation of a detained person in relation to whom section

562F does not apply.

(2)
Subsection (3) applies where it appears to the host authority that the

detained person will, on release, be a child within the meaning of Part 4.

(3)
If the host authority are of the opinion that the person has, or may have,

special educational needs, they must, on the person’s release, notify the

home authority of their opinion.

(4)
Subsections (5) and (6) apply where, on release, the detained person—

(a)
will be over compulsory school age, or

(b)
within one year will cease to be of compulsory school age.

(5)
If—