Children, Schools and Families Bill

House of Commons

Session 2009 - 10
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Other Bills before Parliament

Children, Schools and Families Bill

Children, Schools and Families Bill
Schedule 1 — Home education: England
45

4
In section 436A of EA 1996 (the title of which becomes “Duty to make
arrangements to identify children not receiving education: Wales”), in
subsection (1) after “authority” there is inserted “in Wales”.
School attendance orders
5     (1)
Section 437 of EA 1996 (school attendance orders) is amended as follows.
5
      (2)
Before subsection (1) there is inserted—
“(A1)
Subsection (B1) applies if—
(a)
it appears to a local authority in England that a child of
compulsory school age in their area is not receiving suitable
education, and
10
(b)
the child does not appear to the authority to be a home-
educated child.
(B1)
The authority shall serve a notice in writing on the child’s parent
requiring the parent to satisfy them within the period specified in the
notice that the child is either—
15
(a)
receiving suitable education provided wholly or partly by
regular attendance at school, or otherwise than at school
under section 19,
(b)
registered on their home education register, or
(c)
in the area of another authority and registered on that
20
authority’s home education register.”
      (3)
In subsection (1), after “authority” there is inserted “in Wales”.
      (4)
In subsection (2), for “That period” there is substituted “The period specified
in a notice under this section”.
      (5)
In subsection (3)—
25
(a)
in paragraph (a)—
(i)
after “subsection” there is inserted “(B1) or”;
(ii)
after “authority” there is inserted “as specified in the notice”;
(iii)
the words “that the child is receiving suitable education, and”
are omitted;
30
(b)
at the end of paragraph (b) there is inserted “and
(c)
in the case of a notice served under subsection (B1),
the child does not appear to the authority to be a
home- educated child,”;
(c)
for the words from “on the parent” to the end there is substituted “a
35
school attendance order on the parent”.
      (6)
After subsection (3) there is inserted—
“(3A)
If it appears to a local authority in England—
(a)
that a child of compulsory school age in their area is a home-
educated child, but is not registered on their home education
40
register, and
(b)
that it is expedient that the child should attend school,

the authority shall serve a school attendance order on the child’s
parent.

Children, Schools and Families Bill
Schedule 1 — Home education: England
46

(3B)
In determining for the purposes of subsection (3A)(b) whether it is
expedient that a child should attend school, an authority shall
disregard any education being provided to the child as a home-
educated child.”
      (7)
After subsection (8) there is inserted—
5
“(9)
In this Act “school attendance order” means an order, in such form
as may be prescribed, served on a child’s parent under this section
and requiring the parent to cause the child to become a registered
pupil at a school named in the order.”
6
In section 438 of EA 1996 (choice of school), after “section 437(3)” there is
10
inserted “or (3A)”.
7
In section 441 of EA 1996 (choice of school: child with statement of special
educational needs), after “section 437(3)” there is inserted “or (3A)”.
8     (1)
Section 442 of EA 1996 (revocation of order at request of parent) is amended
as follows.
15
      (2)
Before subsection (1) there is inserted—
“(A1)
Subsections (B1) to (D1) apply where a school attendance order
served by a local authority in England is in force in respect of a child.
(B1)
If the child is registered on the authority’s home education register,
the authority shall revoke the order.
20
(C1)
If the authority are satisfied that the child—
(a)
is in the area of another authority, and
(b)
is registered on that authority’s home education register,

they shall revoke the order.
(D1)
If at any time the parent applies to the authority requesting that the
25
order be revoked on the ground that arrangements have been made
for the child to receive suitable education, otherwise than at a school,
under section 19, the authority shall comply with the request, unless
they are of the opinion that no satisfactory arrangements to this effect
have been made.”
30
      (3)
In subsection (1), for the words from “This section” to “order” there is
substituted “Subsection (2) applies where a school attendance order served
by a local authority in Wales”.
      (4)
In subsection (3), after “subsection” there is inserted “(D1) or”.
      (5)
In subsection (5)(a), after “subsections” there is inserted “(B1) to (D1) and”.
35
9     (1)
Section 443 of EA 1996 (offence: failure to comply with order) is amended as
follows.
      (2)
Before subsection (1) there is inserted—
“(A1)
A parent on whom a school attendance order is served in respect of
a child by a local authority in England, and who fails to comply with
40
the requirements of the order, is guilty of an offence unless—
(a)
the parent proves that he is causing the child to receive
suitable education, otherwise than at school, under section
19,

Children, Schools and Families Bill
Schedule 2 — Amendments of Part 2 relating to sensitive personal information
47

(b)
the child is registered on the authority’s home education
register, or
(c)
the parent proves that the child is in the area of another
authority, and the child is registered on that authority’s home
education register.”
5
      (3)
In subsection (1), after “served” there is inserted “by a local authority in
Wales”.
10
In section 580 of EA 1996 (index), in the entry for “school attendance order”,
for “section 437(3)” there is substituted “section 437(9)”.
Schedule 2
10
Section 40

Amendments of Part 2 relating to sensitive personal information
1
This Part of this Act is amended as follows.
2
The following provisions are omitted—
(a)
in section 34 (authorised news publications), subsection (4)(a)(iii)
(but not the “or” after it);
15
(b)
in section 37 (prohibiting or restricting publication for the purposes
of section 34), subsection (3)(b) (but not the “or” after it);
(c)
in section 38 (defences to contempt of court), subsection (3)(b)(ii) (but
not the “or” after it);
(d)
in section 41 (interpretation of Part)—
20
(i)
in subsection (1), the definition of “sensitive personal
information”;
(ii)
subsection (3)(b);
(e)
Schedule 3 (list of sensitive personal information).
3
In section 37 (prohibiting or restricting publication for purposes of section
25
34), for subsection (2) there is substituted—
“(2)
This subsection applies if the court considers that, despite the fact the
publication satisfies Condition 3 in section 34, there is a real risk that
in the absence of the prohibition or restriction the publication
would—
30
(a)
prejudice—
(i)
the safety of any person,
(ii)
the welfare of a child or vulnerable adult, or
(iii)
the interests of justice in the proceedings in question,
or
35
(b)
be an unreasonable infringement of the privacy of any
person.”

Children, Schools and Families Bill
Schedule 4 — Minor and consequential amendments
Part 1 — Children and schools
48

Schedule 3
Section 41

Sensitive personal information
1
Information which relates to the proceedings or the subject matter of the
proceedings and—
(a)
which a child who is involved or referred to in the proceedings has
5
provided to a party to the proceedings or to a person called, or whom
it is proposed to call, as a witness in the proceedings, or
(b)
which such a child has provided to any other person and which has
been, or is expected to be, referred to in the proceedings.
2
Information which—
10
(a)
relates to a medical, psychological or psychiatric condition of any
person, and
(b)
has been, or is expected to be, referred to in the proceedings.
3
Information which—
(a)
relates to a medical, psychological or psychiatric examination or
15
evaluation of any person, and
(b)
has been, or is expected to be, referred to in the proceedings,

other than information relating to the identity of the person who carried out
the examination or evaluation.
4
Information which—
20
(a)
relates to any health care, treatment or therapy which it is proposed
to provide, or which is being or has been provided, to any person,
and
(b)
has been, or is expected to be, referred to in the proceedings.
Schedule 4
25
Section 45

Minor and consequential amendments
Part 1
Children and schools
Education Act 1996 (c. 56)
1
In section 19 (exceptional provision of education in short stay schools or
30
elsewhere), in subsections (2)(a) and (2B)(a), for “such children” there is
substituted “children falling within subsection (1)”.
2
In the cross-heading before section 403 and in the heading of that section, for
“Sex education” there is substituted “Sex and relationships education”.
3     (1)
Section 404 (sex education: statements of policy) is amended as follows.
35
      (2)
In the heading, for “Sex education” there is substituted “Sex and
relationships education”.
      (3)
In subsection (1), for “a maintained school” there is substituted “a school to
which section 403 applies”.

Children, Schools and Families Bill
Schedule 4 — Minor and consequential amendments
Part 1 — Children and schools
49

      (4)
In subsection (1)(a), for “sex education” there is substituted “sex and
relationships education”.
      (5)
Subsection (2) is omitted.
4
In section 436A (duty to make arrangements to identify children not
receiving education), subsection (3) is omitted.
5
5     (1)
Section 580 (index) is amended as follows.
      (2)
In the entry for “suitable education”, for “section 436A(3)” there is
substituted “section 436ZA(5)”.
      (3)
For the entry for “sex education” there is substituted—

“sex and relationships education
section 579(1)”.

10
6
In Schedule 1 (short stay schools), for paragraph 8 there is substituted—
“Sex and relationships education
8
If or to the extent that sex and relationships education is given in
short stay schools by virtue of regulations under paragraph 6(2),
section 403 applies in relation to short stay schools as it applies in
15
relation to the schools referred to in subsection (1ZA) of that
section.
Political indoctrination and political issues
8A
Sections 406 and 407 (political indoctrination and treatment of
political issues) apply in relation to short stay schools as they
20
apply in relation to community schools.”
School Standards and Framework Act 1998 (c. 31)
7     (1)
Section 110 (home-school agreements) is amended as follows.
      (2)
In the heading, for “Home-school agreements” there is substituted “Home-
school agreements: Wales”.
25
      (3)
In subsection (1), after “of a school” there is inserted “in Wales”.
8     (1)
Section 111 (supplementary provisions about home-school agreements) is
amended as follows.
      (2)
For subsection (1) there is substituted—
“(1)
In discharging any function under section 109A or (as the case may
30
be) section 110, the person or body responsible for home-school
agreements at a school shall have regard to any guidance given from
time to time by the appropriate Minister.”
      (3)
In subsection (2), for the words from the beginning to “that section applies”
there is substituted “If the appropriate Minister by order so provides, the
35
person or body responsible for home-school agreements at a school”.

Children, Schools and Families Bill
Schedule 4 — Minor and consequential amendments
Part 1 — Children and schools
50

      (4)
In subsection (4), for “the governing body of a school to which section 110(1)
applies” there is substituted “the head teacher or governing body of a school
within section 109A(1) or 110(1)”.
      (5)
After subsection (6) there is inserted—
“(7)
For the purposes of this section—
5
(a)
the person or body responsible for home-school agreements
at a school is—
(i)
the head teacher of a school within section 109A(1);
(ii)
the governing body of a school within section 110(1);
(b)
the appropriate minister is—
10
(i)
in relation to schools within section 109A(1), the
Secretary of State;
(ii)
in relation to schools within section 110(1), the Welsh
Ministers.”
Education Act 2002 (c. 32)
15
9     (1)
Section 79 (duty to implement general requirements in relation to
curriculum) is amended as follows.
      (2)
In subsection (6), for “sex education” there is substituted “sex and
relationships education”.
      (3)
Subsection (7) is omitted.
20
10    (1)
Section 80 (basic curriculum for every maintained school in England) is
amended as follows.
      (2)
In subsection (1), paragraphs (c) and (d) are omitted.
      (3)
In subsection (3)(a), the words “or sex education” are omitted.
11    (1)
Section 84 (curriculum requirements for first, second and third key stages) is
25
amended as follows.
      (2)
In the heading, for “first, second and third key stages” there is substituted
“third key stage”.
      (3)
In subsections (1), (2) and (3), for “the first, second and third key stages”
there is substituted “the third key stage”.
30
      (4)
In subsection (1)—
(a)
after “and shall” there is inserted “(subject to section 85B(3))”;
(b)
for “each of those stages” there is substituted “that stage”.
12    (1)
Section 87 (establishment of National Curriculum for England by order) is
amended as follows.
35
      (2)
In subsection (1), for “subsection (3)” there is substituted “subsections (2A)
and (3)”.
      (3)
In subsection (3), for “the first, second and third key stages” there is
substituted “the third key stage”.
      (4)
In each of subsections (4) and (5), for “subsection (3)” there is substituted
40
“subsection (2A) or (3)”.

Children, Schools and Families Bill
Schedule 4 — Minor and consequential amendments
Part 2 — Family proceedings
51

      (5)
In each of subsections (6A), (7), (8), (8A), (11), (12A) and (13), for “subsection
(3)(c)” there is substituted “subsection (2A)(c) or (3)(c)”.
13
In section 96 (procedure for making certain orders and regulations), in
subsection (1)(a)—
(a)
after “section 82(4),” there is inserted “83A(6),”;
5
(b)
for “, 87(3)(a) or (b)” there is substituted “or 87(2A)(a) or (b) or (3)(a)
or (b)”.
14    (1)
Section 210 (orders and regulations) is amended as follows.
      (2)
In subsection (3)—
(a)
after paragraph (b) there is inserted—
10
“(ba)
section 83A(6),”;
(b)
after paragraph (d) there is inserted—
“(da)
section 85B(2),”.
      (3)
In subsection (5)(b), for “section 87(3)(c)” there is substituted “section
87(2A)(c) or (3)(c)”.
15
Education and Inspections Act 2006 (c. 40)
15
In section 22 (right of governing body to determine own foundation
proposals), after subsection (4) there is inserted—
“(4A)
But subsection (5) does not apply to proposals which are published
in pursuance of a notice given under section 63(1)(e).”
20
16
In section 26 (proposals for removal of foundation etc: procedure), after
paragraph (i) of subsection (2) there is inserted—
“(ia)
for proposals published in pursuance of a notice under
section 63(1)(f) to be referred to the adjudicator for
consideration and determination by the adjudicator (instead
25
of by the governing body);”.
Apprenticeships, Skills, Children and Learning Act 2009 (c. 22)
17
In section 131(3) (meaning of “NC assessment arrangements”), for “section
87(3)(c)” there is substituted “section 87(2A)(c) or (3)(c)”.
18
In section 162 (powers to share information), in the definition of “NC
30
responsible body” in subsection (5), for “section 87(3)(c)” there is substituted
“section 87(2A)(c) or (3)(c)”.
Part 2
Family proceedings
Children and Young Persons Act 1933 (c. 12)
35
19
In section 39 (power to prohibit publication of certain matters in
newspapers), after subsection (2) there is inserted—
“(2A)
Nothing in this section applies in relation to proceedings to which
section 32 of the Children, Schools and Families Act 2010 (restriction
on publication of information relating to family proceedings)
40
applies.”