House of Commons Amendments

House of Commons

Session 2008 - 09
Internet Publications
Other Bills before Parliament

Public Bill Committee: 26 March 2009
661

Apprenticeships, Skills, Children and Learning Bill, continued

Mr David Laws

Stephen Williams

Annette Brooke

425

Clause  194,  page  112,  line  7,  at end insert—

‘(5A)
A person making a complaint under subsection (1) or, where the complainant is

a parent, a pupil who the complaint relates to, has the right not to be subjected to

any detriment by any act, or any deliberate failure to act, by the respondent on the

grounds of the complaint.’.

Mr David Laws

Stephen Williams

Annette Brooke

149

Clause  194,  page  112,  line  13,  after ‘school,’, insert ‘an Academy’.

Mr David Laws

Stephen Williams

Annette Brooke

2

Clause  195,  page  112,  line  46,  at end insert ‘or if the local Commissioner considers

the complaints to be vexatious or malicious’.

Mr Nick Gibb

Mr John Hayes

Mrs Maria Miller

Bill Wiggin

71

Clause  195,  page  112,  line  46,  at end insert—

‘(5A)
A Local Commissioner may in particular decide not to investigate a complaint

under this Chapter, or to discontinue an investigation if, in his opinion, the

complaint is vexatious.’.

Jim Knight

Mr Siôn Simon

534

Clause  203,  page  117,  line  38,  at end insert—

‘( )
A Local Commissioner may disclose to the Parliamentary Commissioner for

Administration any information obtained by the Local Commissioner under or for

the purposes of this Chapter if the information appears to the Local

Commissioner to relate to a matter in respect of which the Parliamentary

Commissioner has functions.

( )
A Local Commissioner may disclose to the Information Commissioner any

information obtained by the Local Commissioner under or for the purposes of this

Chapter if the information appears to the Local Commissioner to relate to—

(a)
a matter in respect of which the Information Commissioner could

exercise any power conferred by—

(i)
Part 5 of the Data Protection Act 1998 (c. 29) (enforcement);

Public Bill Committee: 26 March 2009
662

Apprenticeships, Skills, Children and Learning Bill, continued

(ii)
section 48 of the Freedom of Information Act 2000 (c. 36)

(practice recommendations); or

(iii)
Part 4 of that Act (enforcement); or

(b)
the commission of an offence under—

(i)
any provision of the Data Protection Act 1998 (c. 29) other than

paragraph 12 of Schedule 9 (obstruction of execution of

warrant); or

(ii)
section 77 of the Freedom of Information Act 2000 (c. 36)

(offence of altering etc. records with intent to prevent

disclosure).’.

Member’s explanatory statement

This amendment permits the Local Commissioner to disclose information, obtained whilst

conducting his investigation, to the Parliamentary Commissioner for Administration or the

Information Commissioner in certain circumstances.

Jim Knight

Mr Siôn Simon

535

Clause  204,  page  118,  line  9,  leave out ‘for Local Administration in England (“the

Commission”)’.

Member’s explanatory statement

This amendment removes the definition of “the Commission” from clause 204. This term is now

defined in new clause 27.

Jim Knight

Mr Siôn Simon

536

Clause  208,  page  120,  line  7,  at end insert—

‘(2)
In paragraph 1 of Schedule 4 to the Local Government Act 1974 (c. 7) (the

Commission), after sub-paragraph (2B) (inserted by the Health Act 2009)

insert—

“(2C)
A Local Commissioner may not investigate a complaint against a

school under Chapter 2 of Part 10 of the Apprenticeships, Skills,

Children and Learning Act 2009 if the Local Commissioner—

(a)
is a governor of the school;

(b)
is a parent of—

(i)
a registered pupil at the school, or

(ii)
a person who has been a registered pupil at the school

within the five years ending with the making of the

complaint; or

(c)
works at the school or has worked at the school within those

five years.

    (2D)
In sub-paragraph (2C) “registered pupil” has the same meaning as in

the Education Act 1996.”’.

Member’s explanatory statement

Public Bill Committee: 26 March 2009
663

Apprenticeships, Skills, Children and Learning Bill, continued

This amendment prohibits a Local Commissioner from investigating a complaint against a school

where they are a governor of the school, have a child who is, or was, a pupil at the school within

the last five years, or have worked at the school within that period.

Jim Knight

Mr Siôn Simon

537

Clause  209,  page  120,  line  10,  at end insert—

‘“the Commission” has the meaning given by section [Parental complaints:

arrangements etc. to be made by Commission](1);’.

Member’s explanatory statement

This amendment provides for “the Commission” in Chapter 2 of Part 10 to have the meaning given

in new clause 27.

Mr Nick Gibb

Mr John Hayes

Mrs Maria Miller

Bill Wiggin

79

Clause  210,  page  120,  line  28,  at end insert—

‘(2A)
The Chief Inspector may only make an interim statement about a school in

England that has provision for children with special educational needs if it has

been assessed by an inspector who has training and expertise in special

educational needs and has properly engaged with such pupils at that school.’.

Mr David Laws

Stephen Williams

Annette Brooke

360

Clause  210,  page  120,  line  33,  at end insert—

‘(5)
This section applies if—

(a)
the quality of the education provided in the school for children with

special educational needs has been inspected by an appropriately

qualified person who has received training in inspecting provision for

children with special educational needs;

(b)
the quality of education provided in the school for children with special

educational needs is reported to be of at least equivalent quality to the

education provided in the school for all pupils.

(6)
The Secretary of State shall make regulations specifying how a person may be

considered to be appropriately qualified for the purposes of subsection (5)(a).’.

Mr David Laws

Stephen Williams

Annette Brooke

150

Clause  210,  page  121,  line  33,  after ‘school’, insert ‘and to the local education

Public Bill Committee: 26 March 2009
664

Apprenticeships, Skills, Children and Learning Bill, continued

authority.’.

Mr Nick Gibb

Mr John Hayes

Mrs Maria Miller

Bill Wiggin

377

Schedule  15,  page  221,  line  10,  at end insert—

    ‘(5)
The membership of the SSSNB shall include an equal number of persons

representing—

(a)
the interests of prescribed school support staff organisations, and

(b)
the interests of prescribed school support staff employer

organisations.’.

Jeff Ennis

Mrs Sharon Hodgson

Alison Seabeck

547

Schedule  15,  page  222,  line  4,  leave out ‘represents’ and insert ‘is a trade union

recognised to represent’.

Mr Nick Gibb

Mr John Hayes

Mrs Maria Miller

Bill Wiggin

372

Clause  214,  page  123,  line  25,  after ‘(a)’, insert ‘and to the desirability of

promoting school autonomy.’.

Mr Nick Gibb

Mr John Hayes

Mrs Maria Miller

Bill Wiggin

373

Clause  215,  page  124,  line  3,  at end insert—

‘(1A)
In considering a matter within its remit, the SSSNB must have regard to the

desirability of promoting school autonomy.’.

Public Bill Committee: 26 March 2009
665

Apprenticeships, Skills, Children and Learning Bill, continued

Jeff Ennis

Mrs Sharon Hodgson

Alison Seabeck

538

Clause  215,  page  124,  line  6,  leave out subsection (3).

Jeff Ennis

Mrs Sharon Hodgson

Alison Seabeck

539

Clause  216,  page  124,  line  15,  leave out from ‘agreement’ to ‘make’ in line 16.

Jeff Ennis

Mrs Sharon Hodgson

Alison Seabeck

541

Clause  216,  page  124,  line  16,  leave out from ‘agreement’ to end of line 19.

Jeff Ennis

Mrs Sharon Hodgson

Alison Seabeck

542

Clause  217,  page  124,  line  30,  leave out ‘(a)’.

Mr Nick Gibb

Mr John Hayes

Mrs Maria Miller

Bill Wiggin

374

Clause  217,  page  124,  line  35,  at end add—

‘(3)
On making an order under subsection (2)(a), the Secretary of State must publish

a statement explaining the predicted impact of the order on school autonomy.’.

Jeff Ennis

Mrs Sharon Hodgson

Alison Seabeck

543

Page  124,  line  36,  leave out Clause 218.

Public Bill Committee: 26 March 2009
666

Apprenticeships, Skills, Children and Learning Bill, continued

Jeff Ennis

Mrs Sharon Hodgson

Alison Seabeck

544

Clause  219,  page  125,  line  12,  leave out ‘section 218(2)(b)’.

Jeff Ennis

Mrs Sharon Hodgson

Alison Seabeck

545

Clause  219,  page  125,  line  34,  leave out subsection (7).

Jeff Ennis

Mrs Sharon Hodgson

Alison Seabeck

546

Clause  220,  page  126,  line  13,  leave out paragraph (c).

Mr Nick Gibb

Mr John Hayes

Mrs Maria Miller

Bill Wiggin

376

Clause  220,  page  126,  line  28,  at end insert—

‘(d)
the agreement fails to give due consideration to the desirability of

promoting school autonomy.’.

Mr Nick Gibb

Mr John Hayes

Mrs Maria Miller

Bill Wiggin

375

Clause  220,  page  126,  line  29,  at end add—

‘(7)
On making an order under subsection (2)(a), the Secretary of State must publish

a statement explaining the predicted impact of the order on school autonomy.’.

Mr Nick Gibb

Mr John Hayes

Mrs Maria Miller

Bill Wiggin

209

Clause  229,  page  130,  line  16,  at end insert—

‘(aa)
has reasonable grounds for suspecting that a pupil at the school may have

an item that, in the judgement of a member of staff, may present harm to

other pupils, staff or teachers;’.

Public Bill Committee: 26 March 2009
667

Apprenticeships, Skills, Children and Learning Bill, continued

Mr Nick Gibb

Mr John Hayes

Mrs Maria Miller

Bill Wiggin

337

Clause  229,  page  130,  line  19,  at end insert—

‘(2A)
In determining whether there are reasonable grounds under subsection (1)(a), the

member of staff may have access to any CCTV footage that the school may

have.’.

Mr Nick Gibb

Mr John Hayes

Mrs Maria Miller

Bill Wiggin

353

Clause  229,  page  130,  line  26,  leave out paragraph (c) and insert—

‘(c)
any other item which, if it were to remain with the pupil or in his

possession, may constitute a risk of imminent harm to the pupil himself

or to any other person;’.

Mr David Laws

Stephen Williams

Annette Brooke

14

Clause  229,  page  130,  line  31,  at end insert—

‘(f)
any other article which the member of staff considers may cause potential

or imminent harm to the pupil or to others.’.

Mr Nick Gibb

Mr John Hayes

Mrs Maria Miller

Bill Wiggin

90

Clause  229,  page  130,  line  31,  at end insert—

‘(f)
any other item prohibited by the published rules of the school.’.

Mr Nick Gibb

Mr John Hayes

Mrs Maria Miller

Bill Wiggin

88

Clause  229,  page  131,  line  30,  at end insert—

‘(6A)
The requirement in subsection (6)(b) shall not apply in circumstances where—

(a)
the school has no members of staff of the same sex as P, or

(b)
the provisions of subsection (4)(b) apply and there are no members of

staff of the same sex as P available.’.

Mr Nick Gibb

Mr John Hayes

Mrs Maria Miller

Bill Wiggin

89

Clause  229,  page  131,  line  30,  at end insert—

‘(6A)
The requirement in subsection (6)(c) shall not apply in circumstances where—