Education Bill

House of Commons

Session 2010 - 11
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Other Bills before Parliament

Education Bill

Education Bill
Part 2 — Discipline
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(a)
alcohol or its container;
(b)
a controlled drug;
(c)
a stolen article;
(d)
an article that is a prohibited item by virtue of section
85AA(3)(ea).
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(2B)
Subsection (3) also applies where a person—
(a)
erases data or a file from an electronic device under
section 85AC(6D); and
(b)
proves that the erasure was lawful.”;
(d)
in subsection (3)(a), for “or disposal” substitute “, disposal or erasure”;
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(e)
in subsection (4), after “(2)” insert “, (2B)”.
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Exclusion of pupils from schools in England: review
(1)
Chapter 3 of Part 3 of EA 2002 (maintained schools: admissions, exclusions and
attendance) is amended as follows.
(2)
Before section 52, insert—
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“51A
Exclusion of pupils: England
(1)
The head teacher of a maintained school in England may exclude a
pupil from the school for a fixed period or permanently.
(2)
The teacher in charge of a pupil referral unit in England may exclude a
pupil from the unit for a fixed period or permanently.
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(3)
Regulations must make provision—
(a)
requiring prescribed persons to be given prescribed
information relating to any exclusion under subsection (1) or
(2);
(b)
requiring the responsible body, in prescribed cases, to consider
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whether the pupil should be reinstated;
(c)
requiring the local authority to make arrangements enabling a
prescribed person to apply to a review panel for a review, in any
prescribed case, of a decision of the responsible body not to
reinstate a pupil;
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(d)
about the constitution of a review panel;
(e)
about the procedure to be followed on a review under
paragraph (c).
(4)
On an application by virtue of subsection (3)(c), the review panel
may—
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(a)
uphold the decision of the responsible body,
(b)
recommend that the responsible body reconsiders the matter, or
(c)
if it considers that the decision of the responsible body was
flawed when considered in the light of the principles applicable
on an application for judicial review, quash the decision of the
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responsible body and direct the responsible body to reconsider
the matter.
(5)
Regulations may provide for the panel to have supplementary powers,
and in particular may provide that the panel has the power to make a

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Part 2 — Discipline
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direction about the effect on an excluded pupil of a recommendation
under subsection (4)(b) or a direction under subsection (4)(c).
(6)
In a case where the panel gives a direction under subsection (4)(c) to the
governing body of a maintained school, the panel may, in prescribed
circumstances, order an adjustment of the school’s budget share for a
5
funding period.
(7)
Regulations must make provision about—
(a)
how the amount of the adjustment is to be determined;
(b)
the effect of the adjustment on the budget shares of other
maintained schools for the funding period.
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(8)
Regulations under this section may also make provision—
(a)
for the payment by the local authority of allowances to
members of the review panel;
(b)
requiring a person or body exercising functions under
subsection (1) or (2) or under the regulations to have regard to
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any guidance given from time to time by the Secretary of State;
(c)
requiring local authorities to give prescribed information to the
Secretary of State;
(d)
in relation to any other matter relating to the exercise of the
powers conferred by subsections (1) and (2).
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(9)
Regulations made by virtue of subsection (8)(a) may provide for any of
the provisions of sections 173 to 174 of the Local Government Act 1972
(allowances to members of local authorities and other bodies) to apply
with prescribed modifications in relation to members of a review panel.
(10)
In this section—
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“budget share” and “funding period” have the same meaning as in
Part 2 of the School Standards and Framework Act 1998;
“exclude”, in relation to the exclusion of a pupil from a school or
pupil referral unit, means exclude on disciplinary grounds (and
“exclusion” is to be construed accordingly);
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“maintained school” has the same meaning as in Chapter 1;
“the responsible body” means—
(a)
in relation to exclusion from a maintained school, the
governing body of the school;
(b)
in relation to exclusion from a pupil referral unit, such
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person as may be prescribed.
(11)
In relation to any time when no responsible body is prescribed in
relation to permanent exclusion from a pupil referral unit, subsection
(3) has effect in relation to such an exclusion as if—
(a)
paragraph (b) were omitted, and
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(b)
the decision referred to in paragraph (c) were the decision of the
teacher in charge of the unit permanently to exclude the pupil.
(12)
Regulations may make provision for this section and for regulations
made under this section to apply, with prescribed modifications, in
relation to Academies or a description of Academy.”
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(3)
In section 52 (exclusion of pupils)—
(a)
in subsection (1), after “maintained school” insert “in Wales”;

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Part 3 — School workforce
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(b)
in subsection (2), after “pupil referral unit” insert “in Wales”;
(c)
in subsection (4)—
(i)
in paragraph (b), omit from first “(in” to “Wales)”;
(ii)
in paragraph (c), omit “the Secretary of State or” and “as the case
may be,”;
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(d)
in the heading, at the end insert “: Wales”.
(4)
Schedule 1 (consequential amendments) has effect.
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Repeal of requirement to give notice of detention to parent: England
In section 92 of EIA 2006 (enforcement of disciplinary penalties: detention
outside school sessions), in subsection (3)(d), after “that” insert “, in relation to
10
a pupil at a school in Wales,”.
6
Repeal of duty to enter into behaviour and attendance partnership
Section 248 of ASCLA 2009 (co-operation with a view to promoting good
behaviour etc: England) is repealed.
Part 3
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School workforce
Abolition of the General Teaching Council for England
7
Abolition of the General Teaching Council for England
(1)
Section 1 of THEA 1998 (the General Teaching Council for England) is
amended as follows.
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(2)
For subsection (1), substitute—
“(1)
In this Act, “the Council” means the General Teaching Council for
Wales (see section 8).”
(3)
For subsection (3), substitute—
“(3)
The functions conferred on the Council by or under this Chapter are
25
exercisable by them only in relation to Wales.”
(4)
Omit subsection (10).
(5)
For the heading, substitute “Aims and constitution of the Council”.
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Functions of Secretary of State in relation to teachers
(1)
In Part 8 of EA 2002 (teachers), after section 141 insert—
30
“Teacher misconduct etc: England
141A
Teachers to whom sections 141B to 141E apply
(1)
Section 141B to 141E apply to a person who is employed or engaged to
carry out teaching work at—
(a)
a school in England,
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(b)
a sixth form college in England,
(c)
relevant youth accommodation in England, or
(d)
a children’s home in England.
(2)
In subsection (1)—
“children’s home” has the same meaning as in the Care Standards
5
Act 2000;
“teaching work” means work of a kind specified in regulations
under this section (and such regulations may make provision by
reference to specified activities or by reference to the
circumstances in which activities are carried out).
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141B
Investigation of disciplinary cases by Secretary of State
(1)
The Secretary of State may investigate a case where an allegation is
referred to the Secretary of State that a person to whom this section
applies—
(a)
may be guilty of unacceptable professional conduct or conduct
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that may bring the teaching profession into disrepute, or
(b)
has been convicted (at any time) of a relevant offence.
(2)
Where the Secretary of State finds on an investigation of a case under
subsection (1) that there is a case to answer, the Secretary of State must
decide whether to make a prohibition order in respect of the person.
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(3)
Schedule 11A (regulations about decisions under subsection (2)) has
effect.
(4)
In this section—
a “prohibition order” means an order prohibiting the person to
whom it relates from carrying out teaching work;
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“teaching work” has the same meaning as in section 141A(1);
“relevant offence”, in relation to a person, means—
(a)
in the case of a conviction in England and Wales, a
criminal offence other than one having no material
relevance to the person’s fitness to be a teacher, and
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(b)
in the case of a conviction elsewhere, an offence which,
if committed in England and Wales, would be within
paragraph (a).
141C
List of persons prohibited from teaching etc
(1)
The Secretary of State must keep a list containing—
35
(a)
the names of persons in relation to whom a prohibition order
has effect, and
(b)
the names of persons who have begun, but have failed
satisfactorily to complete, an induction period under section
135A in such circumstances as may be prescribed.
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(2)
The Secretary of State may include on the list the name of any person
who has been prohibited from teaching in Wales, Scotland or Northern
Ireland that the Secretary of State thinks appropriate to include on the
list.

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(3)
The Secretary of State must secure that, where the name of a person is
included on the list because an interim prohibition order has effect in
respect of the person, there is an indication on the list to that effect.
(4)
The Secretary of State must secure that, where the name of a person is
included on the list because the person has failed satisfactorily to
5
complete an induction period under section 135A, there is an indication
on the list to that effect.
(5)
The list may contain such other information in relation to the persons
whose names are included on it as the Secretary of State considers
appropriate.
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(6)
The list must be available for inspection by members of the public.
(7)
In this section—
“prohibition order” has the same meaning as in section 141B;
“interim prohibition order” means an order made by virtue of
paragraph 2(3) of Schedule 11A.
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141D
Supply of information following dismissal, resignation etc
(1)
This section applies where a relevant employer has ceased to use the
services of a teacher because the teacher has been guilty of serious
misconduct.
(2)
This section also applies where a relevant employer might have ceased
20
to use the services of a teacher as mentioned in subsection (1) had the
teacher not ceased to provide those services.
(3)
The employer must consider whether it would be appropriate to
provide prescribed information about the teacher to the Secretary of
State.
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(4)
In this section—
“relevant employer” means—
(a)
a local authority;
(b)
a person exercising a function relating to the provision
of education on behalf of a local authority;
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(c)
the proprietor of a school;
(d)
a sixth form college corporation;
(e)
a person who employs a person to teach in a children’s
home or in relevant youth accommodation;
“education” includes vocational, social, physical and recreational
35
training;
“children’s home” has the same meaning as in the Care Standards
Act 2000;
“services” includes professional and voluntary services;
“teacher” means a person within section 141A(1).
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141E
Supply of information by contractor, agency etc
(1)
This section applies where arrangements have been made by a person
(the “agent”) for a teacher to carry out work at the request of or with the
consent of a relevant employer (whether or not under a contract) and
the agent has terminated the arrangements because the teacher has
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been guilty of serious misconduct.

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(2)
This section also applies where the agent—
(a)
might have terminated the arrangements as mentioned in
subsection (1) had the teacher not terminated them, or
(b)
might have refrained from making new arrangements because
of the teacher’s serious misconduct had the teacher not ceased
5
to be available for work.
(3)
The agent must consider whether it would be appropriate to provide
prescribed information about the teacher to the Secretary of State.
(4)
In this section “relevant employer” and “teacher” have the same
meaning as in section 141D.”
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(2)
In EA 2002, after Schedule 11, insert—
“Schedule 11A
Regulations about decisions under section 141B
Regulations: general
1
The Secretary of State must make regulations in accordance with the
15
following provisions of this Schedule.
Procedure for decisions under section 141B(2)
2     (1)
Regulations under paragraph 1 must make provision about the
procedure to be followed by the Secretary of State in reaching a
decision under section 141B(2).
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      (2)
The regulations must not require a person to give evidence or
produce any document or other material evidence which the person
could not be compelled to give or produce in civil proceedings in any
court in England and Wales.
      (3)
The regulations may make provision for the Secretary of State to
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make an interim prohibition order, pending the Secretary of State’s
final decision under section 141B(2).
      (4)
The regulations may make provision for any functions of the
Secretary of State under section 141B to be excluded or restricted in
such circumstances as may be specified in or determined under the
30
regulations.
      (5)
The circumstances include, in particular, where the Secretary of State
considers this to be appropriate taking into account the powers of the
Independent Safeguarding Authority under the Safeguarding
Vulnerable Groups Act 2006.
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Prohibition orders
3     (1)
Regulations under paragraph 1 may make provision—
(a)
about the service on a person to whom a prohibition order
relates of notice of the order and of the right to appeal against
the order under paragraph 4;
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(b)
about the publication of information relating to the case of a
person to whom a prohibition order relates;

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(c)
prescribing circumstances in which a person to whom a
prohibition order relates may nevertheless carry out teaching
work (within the meaning of section 141A).
      (2)
Regulations under paragraph 1 may also make provision—
(a)
as to the time when a prohibition order takes effect;
5
(b)
allowing a person to whom a prohibition order relates to
apply to the Secretary of State for the order to be set aside;
(c)
as to the minimum period for which a prohibition order must
be in effect before such an application may be made;
(d)
as to the procedure relating to such an application.
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Appeals against prohibition orders
4     (1)
Regulations under paragraph 1 must make provision conferring on
a person to whom a prohibition order relates a right to appeal against
the order to the High Court.
      (2)
The regulations must provide that an appeal must be brought within
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28 days of the person being served with notice of the prohibition
order.
      (3)
No appeal is to lie from any decision of the Court on such an appeal.
      (4)
In this paragraph, “prohibition order” does not include an interim
prohibition order made by virtue of paragraph 2(3).
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Supplementary provisions
5     (1)
Regulations under paragraph 1 may make incidental and
supplementary provision, including provision—
(a)
where a prohibition order has effect in relation to a person,
for the Secretary of State to serve notice of the order on the
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person’s employer;
(b)
requiring the employer of such a person to take such steps in
consequence of the order (which may include dismissing the
person) as may be prescribed;
(c)
authorising the delegation of functions conferred by virtue of
30
this Schedule and the determination of matters by any person
or persons specified in the regulations.
      (2)
Regulations under paragraph 1 may also make provision—
(a)
for the Secretary of State to make a decision in a particular
case about the effect in England of an order prohibiting a
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person from teaching in schools in Wales, Scotland or
Northern Ireland;
(b)
about the effect in general in England of orders prohibiting a
person from teaching in schools in Wales, Scotland or
Northern Ireland.”
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