|
| |
|
209 | Arrangements etc. to be made by Commission |
| |
(1) | The Commission for Local Administration in England (“the Commission”) |
| |
| |
(a) | divide the matters which may be investigated under this Chapter into |
| |
such categories as it considers appropriate; and |
| 5 |
(b) | allocate, or make arrangements for allocating, responsibility for each |
| |
category of matter to one or more of the Local Commissioners. |
| |
| |
(a) | must make arrangements for Local Commissioners to deal with matters |
| |
for which they do not have responsibility pursuant to subsection (1); |
| 10 |
| |
(b) | must publish information about the procedures for making complaints |
| |
| |
| |
(1) | Every Local Commissioner must for each financial year— |
| 15 |
(a) | prepare a general report on the discharge of the Local Commissioner’s |
| |
functions under this Chapter; and |
| |
(b) | submit it to the Commission. |
| |
(2) | The Commission must, for each financial year, prepare a general report on the |
| |
discharge of the Local Commissioners’ functions under this Chapter (an |
| 20 |
| |
(3) | The annual report must be prepared as soon as practicable after the |
| |
Commission has received the reports for the year from the Local |
| |
Commissioners under subsection (1). |
| |
(4) | The Commission must arrange for the publication of— |
| 25 |
(a) | the annual report; and |
| |
(b) | the reports which are submitted under subsection (1). |
| |
(5) | The Commission must lay a copy of the annual report before Parliament. |
| |
(6) | In this section “financial year” means the period of 12 months ending with 31st |
| |
| 30 |
211 | Secretary of State’s power of direction |
| |
(1) | This section applies where— |
| |
(a) | a Local Commissioner has made recommendations under section |
| |
| |
(b) | the governing body of the school concerned has not complied with |
| 35 |
| |
(2) | The Secretary of State may direct the governing body to comply with the |
| |
recommendations within the period specified in the direction. |
| |
(3) | A direction under subsection (2) is enforceable, on an application made on |
| |
behalf of the Secretary of State, by a mandatory order. |
| 40 |
|
| |
|
| |
|
212 | Disapplication of certain powers of Secretary of State |
| |
(1) | In section 496 of the Education Act 1996 (c. 56) (power of Secretary of State to |
| |
prevent unreasonable exercise of functions), after subsection (2) insert— |
| |
“(3) | The Secretary of State may not make a direction under this section in |
| |
respect of a matter that— |
| 5 |
(a) | has been complained about to a Local Commissioner in |
| |
accordance with Chapter 2 of Part 10 of the Apprenticeships, |
| |
Skills, Children and Learning Act 2009 (parental complaints |
| |
against governing bodies etc.), or |
| |
(b) | in the Secretary of State’s opinion, could have been so |
| 10 |
| |
(4) | Regulations may disapply subsection (3) in relation to cases where a |
| |
complaint about the matter has been made to the Secretary of State by— |
| |
(a) | a prescribed person, or |
| |
(b) | a person of a prescribed description.” |
| 15 |
(2) | In section 497 of that Act (general default powers of Secretary of State), after |
| |
| |
“(4) | The Secretary of State may not make an order under this section in |
| |
respect of a matter that— |
| |
(a) | has been complained about to a Local Commissioner in |
| 20 |
accordance with Chapter 2 of Part 10 of the Apprenticeships, |
| |
Skills, Children and Learning Act 2009 (parental complaints |
| |
against governing bodies etc.), or |
| |
(b) | in the Secretary of State’s opinion, could have been so |
| |
| 25 |
(5) | Regulations may disapply subsection (4) in relation to cases where a |
| |
complaint about the matter has been made to the Secretary of State by— |
| |
(a) | a prescribed person, or |
| |
(b) | a person of a prescribed description.” |
| |
(3) | In section 28M of the Disability Discrimination Act 1995 (c. 50) (directions by |
| 30 |
Secretary of State and Welsh Ministers) after subsection (7) insert— |
| |
“(7A) | The Secretary of State may not, unless subsection (7B) applies, give a |
| |
direction under this section to a responsible body in England in respect |
| |
| |
(a) | has been complained about to a Local Commissioner in |
| 35 |
accordance with Chapter 2 of Part 10 of the Apprenticeships, |
| |
Skills, Children and Learning Act 2009 (parental complaints |
| |
against governing bodies etc.), or |
| |
(b) | in the Secretary of State’s opinion, could have been so |
| |
| 40 |
(7B) | This subsection applies if— |
| |
(a) | the Local Commissioner has made a recommendation to the |
| |
responsible body under section 202(4) of the Apprenticeships, |
| |
Skills, Children and Learning Act 2009 (statement following |
| |
investigation) in respect of the matter, and |
| 45 |
(b) | the responsible body has not complied with the |
| |
| |
|
| |
|
| |
|
213 | Power to amend meaning of “qualifying school” |
| |
(1) | The Secretary of State may by order amend the definition of “qualifying |
| |
school” in section 197(6)(c). |
| |
(2) | An order under this section may make consequential amendments of this |
| |
| 5 |
214 | Amendments consequential on Chapter 2 |
| |
(1) | The following provisions of the Education Act 1996 (c. 56) cease to have |
| |
| |
(a) | section 408(4)(g) (provision of information); |
| |
(b) | section 409 (complaints and enforcement: maintained schools); |
| 10 |
(c) | paragraph 6(3) and (4) of Schedule 1 (complaints and enforcement: |
| |
| |
(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) |
| |
| 15 |
“(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; |
| |
| 20 |
(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 |
| |
| |
(c) | works at the school or has worked at the school within those |
| 25 |
| |
(2D) | In sub-paragraph (2C) “registered pupil” has the same meaning as in |
| |
| |
215 | Interpretation of Chapter 2 |
| |
| 30 |
(a) | “act” has the meaning given by section 197(7); |
| |
(b) | “the Commission” has the meaning given by section 209(1); |
| |
(c) | “Local Commissioner” has the meaning given by section 198(7); |
| |
(d) | “respondent” has the meaning given by section 200(6). |
| |
| 35 |
| |
| |
(1) | The Education Act 2005 (c. 18) is amended as follows. |
| |
|
| |
|
| |
|
(2) | After section 10 insert— |
| |
"10A | Interim statements between inspections |
| |
(1) | The Chief Inspector may make a statement (an “interim statement”) |
| |
about a school in England to which section 5 applies. |
| |
(2) | An interim statement is a statement— |
| 5 |
(a) | that the Chief Inspector is of the opinion that it is not necessary |
| |
for the school to be inspected under section 5 for at least a year |
| |
after the date on which the statement is made, |
| |
(b) | setting out the Chief Inspector’s reasons for forming that |
| |
| 10 |
(c) | containing such other information (if any) as the Chief Inspector |
| |
| |
(3) | The Chief Inspector may arrange for an interim statement to be |
| |
published in such manner as the Chief Inspector considers appropriate. |
| |
(4) | Section 151 of the Education and Inspections Act 2006 (publication of |
| 15 |
inspection reports: privilege and electronic publication) applies in |
| |
relation to an interim statement as it applies in relation to a report.” |
| |
(3) | In the italic heading before section 14 after “reports” insert “and interim |
| |
| |
(4) | After section 14 insert— |
| 20 |
“14A | Destination of interim statements: maintained schools |
| |
(1) | The Chief Inspector must ensure that a copy of any interim statement |
| |
about a maintained school is sent without delay to the appropriate |
| |
authority for the school. |
| |
(2) | The Chief Inspector must ensure that copies of the statement are sent— |
| 25 |
(a) | to the head teacher of the school, |
| |
(b) | to whichever of the local education authority and the governing |
| |
body are not the appropriate authority, and |
| |
(c) | in the case of a school having foundation governors, to the |
| |
person who appoints them and (if different) to the appropriate |
| 30 |
| |
(3) | If the school provides full-time education suitable to the requirements |
| |
of pupils over compulsory school age, the Chief Inspector must ensure |
| |
that a copy of the statement is also sent to the Young People’s Learning |
| |
| 35 |
(4) | The appropriate authority must— |
| |
(a) | make a copy of any statement sent to the authority under |
| |
subsection (1) available for inspection by members of the public |
| |
at such times and at such places as may be reasonable, |
| |
(b) | provide one copy of the statement free of charge to any person |
| 40 |
| |
(c) | take such steps as are reasonably practicable to secure that |
| |
every registered parent of a registered pupil at the school |
| |
receives a copy of the statement within such period following |
| |
receipt of the statement by the authority as may be prescribed.” |
| 45 |
|
| |
|
| |
|
(5) | In the italic heading before section 16 after “reports” insert “and interim |
| |
| |
(6) | After section 16 insert— |
| |
“16A | Destination of interim statements: non-maintained schools |
| |
(1) | The Chief Inspector must ensure that a copy of any interim statement |
| 5 |
about a school other than a maintained school is sent without delay to |
| |
the proprietor of the school. |
| |
(2) | In the case of a special school which is not a community or foundation |
| |
special school, the proprietor must without delay send a copy of any |
| |
interim statement sent to the proprietor under subsection (1) to any |
| 10 |
local education authority that are paying fees in respect of the |
| |
attendance of a registered pupil at the school. |
| |
(3) | The proprietor of the school must— |
| |
(a) | make any statement sent to the proprietor under subsection (1) |
| |
available for inspection by members of the public at such times |
| 15 |
and at such place as may be reasonable, |
| |
(b) | provide one copy of the statement free of charge to any person |
| |
| |
(c) | take such steps as are reasonably practicable to secure that |
| |
every registered parent of a registered pupil at the school |
| 20 |
receives a copy of the statement within such period following |
| |
receipt of the statement by the proprietor as may be prescribed.” |
| |
(7) | In section 18 (interpretation of Chapter) after the definition of “the Chief |
| |
| |
““interim statement” means an interim statement under section |
| 25 |
| |
217 | Powers of persons providing administrative support in connection with |
| |
| |
(1) | Part 2 of Schedule 12 to the Education and Inspections Act 2006 (c. 40) |
| |
(inspectors etc acting on behalf of Chief Inspector) is amended as follows. |
| 30 |
(2) | In paragraph 9(1) (delegation of functions), after paragraph (c) insert “or |
| |
(d) | any inspection administrator,”, |
| |
| (and omit “or” at the end of paragraph (b)). |
| |
(3) | In paragraph 9(2)(a) for “and 11(4)” substitute “, 11(4) and 11A(3)”. |
| |
(4) | In paragraph 10(1) (inspectors etc to have necessary qualifications, experience |
| 35 |
and skills), after paragraph (c) insert “or |
| |
(d) | an inspection administrator,”, |
| |
| (and omit “or” at the end of paragraph (b)). |
| |
(5) | After paragraph 11 insert— |
| |
“Inspection administrators |
| 40 |
11A (1) | The Chief Inspector may enter into arrangements with inspection |
| |
service providers under which they provide the services of persons |
| |
|
| |
|
| |
|
to provide administrative support in connection with the carrying |
| |
| |
(2) | A person providing administrative support in pursuance of |
| |
arrangements under sub-paragraph (1) is to be known as an |
| |
inspection administrator. |
| 5 |
(3) | The Chief Inspector may not authorise an inspection administrator to |
| |
| |
| |
School Support Staff Pay and Conditions: England |
| |
| 10 |
218 | The School Support Staff Negotiating Body |
| |
(1) | There is to be an unincorporated body of persons known as the School Support |
| |
| |
(2) | In this Chapter that body is referred to as “the SSSNB”. |
| |
(3) | The SSSNB’s functions are those conferred on it by this Chapter. |
| 15 |
(4) | Schedule 15 makes further provision about the SSSNB. |
| |
219 | Matters within SSSNB’s remit |
| |
(1) | For the purposes of this Chapter, the matters within the SSSNB’s remit are |
| |
| |
(a) | the remuneration of school support staff, or |
| 20 |
(b) | conditions of employment relating to the duties or working time of |
| |
| |
(2) | The Secretary of State may by order provide that, for the purposes of |
| |
| |
(a) | a payment or entitlement of a specified kind is or is not to be treated as |
| 25 |
| |
(b) | a specified matter is or is not to be treated as relating to the duties of |
| |
| |
(c) | a specified matter is or is not to be treated as relating to the working |
| |
time of school support staff. |
| 30 |
Consideration of matter by SSSNB |
| |
220 | Referral of matter to SSSNB for consideration |
| |
(1) | The Secretary of State may refer a matter within the SSSNB’s remit to the |
| |
SSSNB for consideration by it. |
| |
(2) | The rest of this section applies if the Secretary of State does so. |
| 35 |
(3) | The Secretary of State may specify— |
| |
(a) | factors to which the SSSNB must have regard in considering the matter; |
| |
|
| |
|
| |
|
(b) | a date by which the SSSNB must comply with subsection (5). |
| |
(4) | The SSSNB must consider the matter, having regard to any factors specified |
| |
| |
(5) | When it has considered the matter, the SSSNB must— |
| |
(a) | if it has reached an agreement about the matter, submit that agreement |
| 5 |
to the Secretary of State, and |
| |
(b) | if it has been unable to reach an agreement about the matter, notify the |
| |
Secretary of State of that. |
| |
(6) | If the Secretary of State specifies a date under subsection (3)(b), the SSSNB |
| |
must comply with subsection (5) no later than that date. |
| 10 |
(7) | The Secretary of State may, at any time before the SSSNB have complied with |
| |
subsection (5) in relation to a matter— |
| |
(a) | withdraw or vary the reference of the matter; |
| |
(b) | if factors have been specified under subsection (3)(a), withdraw or vary |
| |
those factors, or specify further factors under that paragraph; |
| 15 |
(c) | if a date has been specified under subsection (3)(b), specify a later date |
| |
| |
221 | Consideration of other matters by SSSNB |
| |
(1) | The SSSNB may consider a matter within its remit, even if the matter has not |
| |
been referred to it by the Secretary of State under section 220. |
| 20 |
(2) | If the SSSNB reaches agreement about the matter, it may submit the agreement |
| |
to the Secretary of State. |
| |
(3) | An agreement submitted to the Secretary of State by the SSSNB is to be treated |
| |
for the purposes of this Chapter as having been submitted under subsection (2) |
| |
only if, before submitting it, the SSSNB obtained the Secretary of State’s |
| 25 |
consent to its submission. |
| |
Recommendation made by SSSNB |
| |
222 | Submission of agreement under section 220 or 221: SSSNB recommendation |
| |
(1) | This section applies if the SSSNB submits an agreement to the Secretary of State |
| |
under section 220(5)(a) or 221(2). |
| 30 |
(2) | On submitting the agreement, the SSSNB must recommend that the Secretary |
| |
| |
(a) | make an order ratifying the agreement, or |
| |
(b) | make an order requiring persons specified in the recommendation to |
| |
have regard to the agreement in exercising functions specified in the |
| 35 |
| |
(3) | For the purposes of this Chapter, an order ratifying an agreement is an order |
| |
that provides for the agreement to have effect for determining the matters to |
| |
which the agreement relates. |
| |
|
| |
|