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Apprenticeships, Skills, Children and Learning Bill


Apprenticeships, Skills, Children and Learning Bill
Part 10 — Schools
Chapter 2 — Complaints: England

123

 

209     

Arrangements etc. to be made by Commission

(1)   

The Commission for Local Administration in England (“the Commission”)

must—

(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.

(2)   

The Commission—

(a)   

must make arrangements for Local Commissioners to deal with matters

for which they do not have responsibility pursuant to subsection (1);

10

and

(b)   

must publish information about the procedures for making complaints

under this Chapter.

210     

Annual reports

(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

“annual report”).

(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

March in any year.

30

211     

Secretary of State’s power of direction

(1)   

This section applies where—

(a)   

a Local Commissioner has made recommendations under section

202(4); and

(b)   

the governing body of the school concerned has not complied with

35

them.

(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

 
 

Apprenticeships, Skills, Children and Learning Bill
Part 10 — Schools
Chapter 2 — Complaints: England

124

 

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

complained about.

(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

subsection (3) insert—

“(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

complained about.

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

of a matter that—

(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

complained about.

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

recommendation.”

 
 

Apprenticeships, Skills, Children and Learning Bill
Part 10 — Schools
Chapter 3 — Inspections

125

 

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

Chapter.

5

214     

Amendments consequential on Chapter 2

(1)   

The following provisions of the Education Act 1996 (c. 56) cease to have

effect—

(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:

short stay schools).

(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—

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;

(b)   

is a parent of—

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

complaint; or

(c)   

works at the school or has worked at the school within those

25

five years.

     (2D)  

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

the Education Act 1996.”

215     

Interpretation of Chapter 2

In this Chapter—

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).

Chapter 3

35

Inspections

216     

Interim statements

(1)   

The Education Act 2005 (c. 18) is amended as follows.

 
 

Apprenticeships, Skills, Children and Learning Bill
Part 10 — Schools
Chapter 3 — Inspections

126

 

(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

opinion, and

10

(c)   

containing such other information (if any) as the Chief Inspector

considers appropriate.

(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

statements”.

(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

appointing authority.

(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

Agency for England.

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

who asks for one, and

(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

 
 

Apprenticeships, Skills, Children and Learning Bill
Part 10 — Schools
Chapter 3 — Inspections

127

 

(5)   

In the italic heading before section 16 after “reports” insert “and interim

statements”.

(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

who asks for one, and

(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

Inspector” insert—

““interim statement” means an interim statement under section

25

10A;”.

217     

Powers of persons providing administrative support in connection with

inspections

(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

 
 

Apprenticeships, Skills, Children and Learning Bill
Part 10 — Schools
Chapter 4 — School Support Staff Pay and Conditions: England

128

 

to provide administrative support in connection with the carrying

out of inspections.

      (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

conduct an inspection.”

Chapter 4

School Support Staff Pay and Conditions: England

The SSSNB

10

218     

The School Support Staff Negotiating Body

(1)   

There is to be an unincorporated body of persons known as the School Support

Staff Negotiating Body.

(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

matters relating to—

(a)   

the remuneration of school support staff, or

20

(b)   

conditions of employment relating to the duties or working time of

school support staff.

(2)   

The Secretary of State may by order provide that, for the purposes of

subsection (1)—

(a)   

a payment or entitlement of a specified kind is or is not to be treated as

25

remuneration;

(b)   

a specified matter is or is not to be treated as relating to the duties of

school support staff;

(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;

 
 

Apprenticeships, Skills, Children and Learning Bill
Part 10 — Schools
Chapter 4 — School Support Staff Pay and Conditions: England

129

 

(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

under subsection (3)(a).

(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

under that paragraph.

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

of State either—

(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

recommendation.

(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.

 
 

 
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