Children, Schools and Families Bill

House of Commons

Session 2009 - 10
Internet Publications
Other Bills before Parliament

Children, Schools and Families Bill

Children, Schools and Families Bill
Part 1 — Children and schools
1

A
Bill
To
Make provision about pupil and parent guarantees, home-school agreements,
parental satisfaction surveys, children with disabilities or special educational
needs, school and other education, governing bodies’ powers and school
teachers’ qualifications; to make provision amending the Education Acts; to
make provision about Local Safeguarding Children Boards and youth justice;
and to make provision about publication of information relating to family
proceedings.
Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and
consent of the Lords Spiritual and Temporal, and Commons, in this present
Parliament assembled, and by the authority of the same, as follows:—
Part 1
Children and schools
Pupil and parent involvement
1
Pupil and parent guarantees
(1)
The Secretary of State must issue, and may from time to time revise—
5
(a)
a document setting out what a pupil at a school to which this section
applies is entitled to expect with regard to the school (the “pupil
guarantee”);
(b)
a document setting out what a parent of a pupil at such a school is
entitled to expect with regard to the school (the “parent guarantee”).
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(2)
The pupil and parent guarantees may impose requirements on—
(a)
local authorities in England,
(b)
governing bodies, and proprietors (other than governing bodies), of
schools to which this section applies, and
(c)
head teachers of schools to which this section applies,
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Bill 8
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Children, Schools and Families Bill
Part 1 — Children and schools
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and may include guidelines setting out aims, objectives and other matters to
which those authorities, bodies, proprietors and teachers must have regard in
carrying out their functions.
(3)
The pupil guarantee and the parent guarantee must be framed with a view to
realising the pupil ambitions and the parent ambitions respectively.
5
(4)
The pupil ambitions are—
(a)
for all pupils to go to schools where there is good behaviour, strong
discipline, order and safety;
(b)
for all pupils to go to schools where they are taught a broad, balanced
and flexible curriculum and where they acquire skills for learning and
10
life;
(c)
for all pupils to go to schools where they are taught in ways that meet
their needs, where their progress is regularly checked and where
particular needs are identified early and quickly addressed;
(d)
for all pupils to go to schools where they take part in sporting and
15
cultural activities;
(e)
for all pupils to go to schools where their health and well-being are
promoted, where they are able to express their views and where both
they and their families are welcomed and valued.
(5)
The parent ambitions are—
20
(a)
for all parents to have opportunities to exercise choice with and on
behalf of their children, and to have the information and support they
need to help them do so;
(b)
for there to be, for all parents, home-school agreements outlining their
responsibilities, and those of the school, for their children’s schooling;
25
(c)
for all parents to have opportunities to be engaged in their children’s
learning and development, and to have the information and support
they need to help them do so;
(d)
for all parents to have access to a variety of activities, facilities and
services, including support and advice with regard to parenting.
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(6)
In subsection (4) “pupils” means pupils at schools to which this section applies,
and in subsection (5) “parents” means parents of such pupils.
(7)
The pupil and parent guarantees may make different provision for schools or
pupils of different descriptions.
(8)
The schools to which this section applies are—
35
(a)
community, foundation and voluntary schools in England;
(b)
community and foundation special schools in England;
(c)
nursery schools that are maintained by a local authority in England and
are not special schools;
(d)
Academies, city technology colleges and city colleges for the
40
technology of the arts.

But in relation to nursery schools, subsection (3) applies only to the extent that
the Secretary of State thinks appropriate.
(9)
The Secretary of State may by order made by statutory instrument—
(a)
amend subsection (2) so as to add or remove a body or person;
45
(b)
amend subsection (8).

Children, Schools and Families Bill
Part 1 — Children and schools
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(10)
A statutory instrument containing an order under subsection (9) may not be
made unless a draft of the instrument has been laid before, and approved by a
resolution of, each House of Parliament.
2
Procedure for issuing and revising pupil and parent guarantees
(1)
Where the Secretary of State proposes to issue or revise a pupil guarantee or a
5
parent guarantee under section 1, he or she must prepare a draft of the
guarantee or the revisions.
(2)
The Secretary of State must consult whatever persons he or she thinks
appropriate about the draft and must consider any representations made by
them.
10
(3)
If the Secretary of State decides to proceed with the draft (either in its original
form or with modifications) he or she must lay a copy of the draft before each
House of Parliament.
(4)
If the draft is not approved by a resolution of each House, the Secretary of State
must take no further steps in relation to the proposed guarantee or the
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proposed revisions.
(5)
If the draft is approved by a resolution of each House—
(a)
the Secretary of State must issue the guarantee or the revisions in the
form of the draft, and
(b)
the guarantee comes into force, or the revisions come into force, on
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whatever date the Secretary of State appoints by order.
(6)
Subsection (4) does not prevent a new draft of a proposed guarantee or
proposed revisions from being laid before Parliament.
(7)
The requirement in subsection (2) to consult about a draft of a pupil guarantee
or a parent guarantee may be satisfied by consultation undertaken before the
25
commencement of this section or the passing of this Act.
3
Complaints relating to pupil and parent guarantees
(1)
In Chapter 2 of Part 10 of ASCLA 2009 (complaints about schools in England),
in section 206 (complaints to which that Chapter applies), after paragraph (a)
of subsection (2) there is inserted—
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“(aa)
a failure by the head teacher of the school to comply with any
requirement (including a requirement to have regard to
guidance) imposed on the head teacher by virtue of subsection
(2) of section 1 of the Children, Schools and Families Act 2010
(pupil and parent guarantees); or”.
35
(2)
In Schedule 5 to the Local Government Act 1974 (matters not subject to
investigation by a Local Commissioner), after sub-paragraph (2) of paragraph
5 there is inserted—
    “(3)
Sub-paragraph (2) does not include action that is alleged to have or
appears to have resulted in—
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(a)
the parent of a pupil at a school to which section 1 of the
Children, Schools and Families Act 2010 applies (pupil and
parent guarantees) being denied anything that the parent is
entitled to expect with regard to the school by virtue of the
parent guarantee issued under that section, or
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Children, Schools and Families Bill
Part 1 — Children and schools
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(b)
a pupil at a school to which that section applies being denied
anything that the pupil is entitled to expect with regard to the
school by virtue of the pupil guarantee issued under that
section.”
(3)
In section 496 of EA 1996 (power of Secretary of State to prevent unreasonable
5
exercise of functions), after subsection (4) there is inserted—
“(4A)
The Secretary of State may not give a direction under this section to a
local authority on the basis that there has been a breach of a relevant
guarantee unless—
(a)
a complaint about the alleged breach has been made and
10
disposed of under Part 3 of the Local Government Act 1974, or
(b)
the circumstances are such that, in the opinion of the Secretary
of State, it is appropriate to give a direction without such a
complaint having been made and disposed of under that Part.
(4B)
For the purposes of subsection (4A) there is a breach of a relevant
15
guarantee where—
(a)
the parent of a pupil at a school to which section 1 of the
Children, Schools and Families Act 2010 applies (pupil and
parent guarantees) is denied anything that the parent is entitled
to expect with regard to the school by virtue of the parent
20
guarantee issued under that section, or
(b)
a pupil at a school to which that section applies is denied
anything that the pupil is entitled to expect with regard to the
school by virtue of the pupil guarantee issued under that
section.”
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(4)
In section 497 of that Act (general default powers of Secretary of State), after
subsection (5) there is inserted—
“(5A)
The Secretary of State may not make an order under this section
directed to a local authority on the basis that there has been a breach of
a relevant guarantee unless—
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(a)
a complaint about the alleged breach has been made and
disposed of under Part 3 of the Local Government Act 1974, or
(b)
the circumstances are such that, in the opinion of the Secretary
of State, it is appropriate to make an order without such a
complaint having been made and disposed of under that Part.
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(5B)
For the purposes of subsection (5A) there is a breach of a relevant
guarantee where—
(a)
the parent of a pupil at a school to which section 1 of the
Children, Schools and Families Act 2010 applies (pupil and
parent guarantees) is denied anything that the parent is entitled
40
to expect with regard to the school by virtue of the parent
guarantee issued under that section, or
(b)
a pupil at a school to which that section applies is denied
anything that the pupil is entitled to expect with regard to the
school by virtue of the pupil guarantee issued under that
45
section.”
(5)
In section 497A of that Act (powers of Secretary of State to secure proper
performance of local authority’s functions), after subsection (4B) there is

Children, Schools and Families Bill
Part 1 — Children and schools
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inserted—
“(4C)
The Secretary of State may not give a direction under subsection (4),
(4A) or (4B) on the basis that there has been a breach of a relevant
guarantee unless—
(a)
a complaint about the alleged breach has been made and
5
disposed of under Part 3 of the Local Government Act 1974, or
(b)
the circumstances are such that, in the opinion of the Secretary
of State, it is appropriate to make an order without such a
complaint having been made and disposed of under that Part.
(4D)
For the purposes of subsection (4C) there is a breach of a relevant
10
guarantee where—
(a)
the parent of a pupil at a school to which section 1 of the
Children, Schools and Families Act 2010 applies (pupil and
parent guarantees) is denied anything that the parent is entitled
to expect with regard to the school by virtue of the parent
15
guarantee issued under that section, or
(b)
a pupil at a school to which that section applies is denied
anything that the pupil is entitled to expect with regard to the
school by virtue of the pupil guarantee issued under that
section.”
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4
Home-school agreements for each pupil
Before section 110 of SSFA 1998 (home-school agreements) there is inserted—
“109A
  Home-school agreements: England
(1)
The head teacher of a school in England which is—
(a)
a maintained school, or
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(b)
a city technology college, a city college for the technology of the
arts or an Academy,

shall, in respect of each registered pupil at the school who is of
compulsory school age (“the pupil”), provide each registered parent of
the pupil (“the parent”) with a home-school agreement and a parental
30
declaration.
(2)
Subsection (1) has effect subject to subsection (6).
(3)
Where the head teacher considers it appropriate to do so, the head
teacher may provide different parents of the same pupil with different
home-school agreements.
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(4)
For the purposes of this section and section 111 a “home-school
agreement” is a statement specifying—
(a)
the school’s aims and values;
(b)
the school’s responsibilities, namely the responsibilities which
the school intends to discharge in connection with the conduct,
40
education and well-being of the pupil while of compulsory
school age;
(c)
the parental responsibilities, namely the responsibilities which
the parent is expected to discharge in connection with the
conduct, education and well-being of the pupil while a
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registered pupil at the school; and

Children, Schools and Families Bill
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(d)
the school’s expectations of the pupil, namely the expectations
of the school as regards the conduct, education and well-being
of the pupil while a registered pupil there;

and “parental declaration” means a declaration to be used by the parent
for recording that the parent takes note of the school’s aims and values
5
and its responsibilities and that the parent acknowledges and accepts
the parental responsibilities and the school’s expectations of the pupil.
(5)
Subject to subsection (6), the head teacher shall take reasonable steps to
secure that the parental declaration is signed by the parent.
(6)
The head teacher is not required by subsection (1) to provide a parent
10
with a home-school agreement and parental declaration, or by
subsection (5) to seek the signature of a parent, where the head teacher
considers that it would be inappropriate to do so having regard to any
special circumstances relating to the parent or the pupil in question.
(7)
Where the head teacher considers that the pupil has a sufficient
15
understanding of a home-school agreement as it relates to the pupil, the
head teacher may invite the pupil to sign the parental declaration as an
indication that the pupil acknowledges and accepts the school’s
expectations of the pupil.
(8)
The head teacher—
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(a)
may review a home-school agreement from time to time, and
shall review each home-school agreement at least once in every
school year after the one in which it was first provided;
(b)
may revise an agreement following a review.
(9)
Consultation with the parent must form part of any review under
25
subsection (8).
(10)
Subsections (1) and (5) to (7) shall apply each time a review under
subsection (8) has been completed (with any reference to a home-school
agreement being read, where appropriate, as a reference to the
agreement as revised following the review).
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(11)
A home-school agreement lapses when the pupil to whom it relates—
(a)
ceases to be a registered pupil at the school in question, or
(b)
ceases to be of compulsory school age.”
5
Home-school agreements: parenting contracts and parenting orders
(1)
Part 3 of the Anti-social Behaviour Act 2003 (parental responsibilities) is
35
amended as follows.
(2)
In section 19 (parenting contracts in cases of misbehaviour at school or
truancy), after subsection (6) there is inserted—
“(6A)
In the case of a parenting contract entered into with a parent who has
been provided with a home-school agreement (which has not lapsed)
40
under section 109A of the School Standards and Framework Act 1998,
the document setting out the contract must also contain—
(a)
a statement by the parent that the parent agrees to discharge the
responsibilities that the parent is expected to discharge under
the terms of the home-school agreement, and
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Children, Schools and Families Bill
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(b)
a statement by the local authority or governing body that it
agrees to provide support to the parent for the purpose of
discharging those responsibilities.”
(3)
In section 21 (parenting orders: supplemental), after subsection (1A) there is
inserted—
5
“(1B)
In deciding whether to make a parenting order under section 20 in the
case of a parent who has been provided with a home-school agreement
(which has not lapsed) in respect of the pupil under section 109A of the
School Standards and Framework Act 1998, a court must also take into
account any failure by the parent to discharge the responsibilities that
10
the parent is expected to discharge under the terms of the agreement.”
6
Parental satisfaction surveys
(1)
In Chapter 3 of Part 1 of EA 1996 (local authorities), after section 19I (inserted
by Schedule 1 to this Act) there is inserted—
“Parental satisfaction surveys
15
19J
Duty to carry out parental satisfaction surveys
(1)
Each calendar year, a local authority in England shall carry out a survey
of the views of each prescribed description of parents in their area
about the provision of relevant schools in their area.
This is subject to any provision under subsection (7) and to any
20
exemption applying to the authority by virtue of subsection (8).
(2)
“Relevant schools”, in subsection (1), means schools providing
education of such description as may be prescribed.
(3)
Regulations may make provision about arrangements to be made by an
authority for the purposes of this section.
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(4)
The regulations may, in particular—
(a)
specify matters relating to the provision of schools in respect of
which parents’ views are to be sought;
(b)
make provision for supplementary information to be requested
from parents;
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(c)
specify the manner and form in which parents’ views are to be
sought, or in which supplementary information is to be
requested.
(5)
In sections 19K to 19N a “parental satisfaction survey” means a survey
carried out under this section.
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(6)
A description of parent may be prescribed, for the purposes of this
section and sections 19K and 19L, by reference to—
(a)
children of a specified age;
(b)
children in a specified age group.
(7)
Regulations may provide that, where prescribed circumstances apply
40
in relation to an authority, they are exempt from the requirement
imposed by subsection (1).

The regulations may, in particular, make provision about the extent to
which and the period during which any exemption is to apply.