Apprenticeships, Skills, Children and Learning Bill

House of Commons

Session 2008 - 09
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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.
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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.”
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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.