Session 2010 - 11
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Other Bills before Parliament

45

House of Commons

Thursday 10 March 2011

Public Bill Committee

New Amendments handed in are marked thus

Amendments which will comply with the required notice period at their next appearance

Education Bill

---

Note

The Amendments have been arranged in accordance with the Order of the

Committee [1 March].

Clause 2

Another Amendment (No. 10) proposed, in page 3, line 32, at beginning insert ‘Subject

to subsection (7),’.

Question proposed, That the Amendment be made.

Kevin Brennan

Mr Iain Wright

13

Clause  2,  page  4,  line  13,  after ‘determined’, insert ‘, approved by the Secretary of

State’.

Kevin Brennan

Mr Iain Wright

12

Clause  2,  page  4,  line  23,  at end insert—

‘(za)

in subsection (1)(b), at end insert “and has been trained—

(i)	in the need to maintain a pupil’s dignity and right to privacy in

carrying out the search, and

(ii)	on additional requirements for searching pupils with special

educational needs and disabilities”.’.

Kevin Brennan

Mr Iain Wright

16

Clause  2,  page  4,  line  41,  leave out from beginning to end of line 3 on page 5.

Public Bill Committee: 10 March 2011

46

Education Bill, continued

Kevin Brennan

Mr Iain Wright

18

Clause  2,  page  5,  line  3,  at end insert—

‘(7B)

Notwithstanding any provision of this section, the search must be carried out by

a member of the senior management team, who has received appropriate training,

of the same sex only and only where—

(a)	there is justification, and

(b)	reasonable force is used.’.

Kevin Brennan

Mr Iain Wright

15

Clause  2,  page  5,  line  3,  at end insert—

‘(f)	after subsection (8) insert—

“(9)	The Secretary of State must issue guidance which defines the

following terms—

(a)	“search”, in the context of the need to safeguard the

rights of children;

(b)

“force”;

(c)

“risk”;

(d)	“serious harm”;

(e)	“reasonable grounds for suspicion”; and

(f)	“good reason”.’.

Kevin Brennan

Mr Iain Wright

14

Clause  2,  page  5,  line  32,  at end insert ‘, and the person, who should be a senior

member of staff trained in data protection, shall not be liable to any criminal prosecution

for having examined such data or files’.

Kevin Brennan

Mr Iain Wright

11

Clause  2,  page  6,  line  17,  at end insert—

‘(7)	Before the Secretary of State exercises the power to commence this section under

section 78, he must first lay before Parliament a statement agreed with Her

Majesty’s Chief Inspector of Education, Children’s Services and Skills on the

evidence that school staff need the additional powers available in this section.’.

Kevin Brennan

Mr Iain Wright

17

Clause  2,  page  6,  line  17,  at end insert—

‘(7)	For the avoidance of doubt, this section applies to academies established under

the Academies Act 2010.’.

Public Bill Committee: 10 March 2011

47

Education Bill, continued

Kevin Brennan

Mr Iain Wright

19

Clause  3,  page  6,  line  19,  at beginning insert ‘Subject to subsection (6),’.

Kevin Brennan

Mr Iain Wright

23

Clause  3,  page  6,  line  27,  at end insert—

‘(2A)

In section 85AA (Power of members of staff to search students for prohibited

items: England), in subsection (6) (definitions), at end insert—

“student” includes registered students who are aged 18 or over as well as

registered students under the age of 18 years.”.’.

Kevin Brennan

Mr Iain Wright

21

Clause  3,  page  6,  line  28,  at end insert—

‘(za)

in subsection (1)(b), at end insert “and has been trained—

(i)	in the need to mainain the student’s dignity and right to privacy

in carrying out the search, and

(ii)	on additional requirements for searching students with special

educational needs and disabilities”.’.

Kevin Brennan

Mr Iain Wright

26

Clause  3,  page  6,  line  44,  leave out from beginning to end of line 9 on page 7.

Kevin Brennan

Mr Iain Wright

24

Clause  3,  page  7,  line  9,  at end insert—

‘(7B)

Notwithstanding any provision of this section, the search must be carried out by

a member of the senior management team, who has received appropriate training,

of the same sex only and only where—

(a)	there is justification, and

(b)	reasonable force is used.’.

Kevin Brennan

Mr Iain Wright

25

Clause  3,  page  7,  line  9,  at end insert—

‘(e)	after subsection (8), insert—

“(9)	The Secretary of State must issue guidance which defines the

following terms—

(a)	“search”, in the context of the need to safeguard the

rights of students;

(b)

“force”;

(c)

“risk”;

(d)	“serious harm”;

(e)	“reasonable grounds for suspicion”; and

Public Bill Committee: 10 March 2011

48

Education Bill, continued

(f)	“good reason”.’.

Kevin Brennan

Mr Iain Wright

22

Clause  3,  page  7,  line  32,  at end insert ‘and the person, who should be a senior

member of staff trained in data protection, shall not be liable to any criminal prosecution

solely for having examined such data or files’.

Kevin Brennan

Mr Iain Wright

20

Clause  3,  page  8,  line  11,  at end insert—

‘(6)	Before the Secretary of State exercises the power to commence this section under

section 78, he must first lay before Parliament a statement agreed with Her

Majesty’s Chief Inspector of Education, Children’s Services and Skills on the

evidence that further education staff need the additional powers available in this

section.’.

Kevin Brennan

Mr Iain Wright

33

Clause  4,  page  8,  line  13,  at beginning insert ‘Subject to subsection (5),’.

Stella Creasy

2

Clause  4,  page  8,  line  18,  at end insert ‘The Secretary of State must lay before

parliament an annual report on the numbers of students at all schools in England and

Wales subject to these powers including details as to whether these pupils have special

educational needs, the numbers of times these powers have been exercised and the current

status of their schooling provision.’.

Kevin Brennan

Mr Iain Wright

27

Clause  4,  page  8,  line  33,  at end insert—

‘(3A)

The responsible body must consider a report from the Special Educational Needs

Coordinator when considering whether a pupil should be reinstated under

subsection (3)(b).

Mr Graham Stuart

67

Clause  4,  page  8,  line  33,  at end insert—

‘(f)	requiring the relevant head teacher to ensure that, if a pupil has been

excluded from school for a fixed period on more than once occasion in a

12 month period or is at risk of permanent exclusion—

(i)	an assessment is carried out to identify whether a pupil has

unidentified special educational needs or a disability requiring

specialist provision;

Public Bill Committee: 10 March 2011

49

Education Bill, continued

(ii)	there is a review of the effectiveness of the specialist provision

being made if such provision is required under sub-paragraph

(i).’.

Mr Graham Stuart

68

Clause  4,  page  8,  line  33,  at end insert—

‘(f)	about the training members of the review panel must undertake,

including training in the law and practice relating to children with special

educational needs and in disability awareness.’.

Kevin Brennan

Mr Iain Wright

35

Clause  4,  page  8,  line  36,  at end insert—

‘(aa)

direct that the pupil be reinstated,’.

Pat Glass

1

Clause  4,  page  8,  line  42,  at end insert—

‘(d)	reinstate the pupil and require the responsible body to carry out an

assessment and make reasonable adjustments and provision for those

with special educational needs, if it considers that the pupil may have

special educational needs and that the responsible body has failed to

identify those special educational needs and make reasonable

adjustments and provisions for those with special educational needs;

(e)	reinstate the pupil and require the responsible body to carry out an

assessment and make reasonable adjustments and provision for those

with additional needs, if in the last eighteen months the pupil is or has

been in receipt of free school meals and/or for which the school has

received a pupil premium payment and considers that the responsible

body has failed to identify those additional needs and make reasonable

adjustments and provisions for those additional needs;

(f)	reinstate the pupil and require the responsible body to carry out an

assessment and make reasonable adjustments and provision for those

with additional needs, if in the last eighteen months the pupil is or has

been looked after by the local authority, in public care or on the local

authority ‘at risk’ register, and it considers that the responsible body has

failed to make reasonable adjustments and provisions for those additional

needs;

(g)	reinstate the pupil and require the responsible body to carry out an

assessment and make reasonable adjustments and provision for those

additional needs, if the pupil is or has in the last eighteen months been a

young carer, with or without the knowledge of the responsible body, and

it considers that the responsible body has failed to identify any additional

needs that the pupil has, and failed to make reasonable adjustments and

provision for those additional needs.’.

Meg Munn

Pat Glass

Dr Stella Creasy

Julie Hilling

64

Clause  4,  page  8,  line  42,  at end insert—

Public Bill Committee: 10 March 2011

50

Education Bill, continued

‘(4A)

‘It shall be the duty of all persons and bodies exercising functions under this

section to make provision to ensure that pupils subject to the exclusion process

under the provisions of this section—

(a)	have an opportunity to make representations in relation to their exclusion

or proposed exclusion,

(b)	have an opportunity to appeal against their exclusion, and

(c)	receive all information that may be relevant to such representations in

language capable of being readily understood by the pupil.’.

Kevin Brennan

Mr Iain Wright

36

Clause  4,  page  8,  line  43,  after ‘regulations’, insert ‘made by affirmative

resolution’.

Kevin Brennan

Mr Iain Wright

29

Clause  4,  page  9,  line  4,  leave out ‘in prescribed circumstances’ and insert ‘in

circumstances prescribed by regulations’.

Kevin Brennan

Mr Iain Wright

37

Clause  4,  page  9,  line  8,  at end insert—

‘(aa)

the range of the financial adjustment;

(ab)	ensuring the pupil premium or special educational needs funding are not

used to pay any financial penalty;

(ac)	ensuring the financial penalty will be used to fund the education of any

pupil who has been excluded;’.

Kevin Brennan

Mr Iain Wright

38

Clause  4,  page  9,  line  20,  at end insert ‘, including arrangements for the future

education of the excluded child’.

Kevin Brennan

Mr Iain Wright

39

Clause  4,  page  9,  line  20,  at end insert ‘, including where an assessment of the child

under Part 4 of EA 1996 or otherwise must be undertaken’.

Kevin Brennan

Mr Iain Wright

30

Clause  4,  page  9,  line  20,  at end insert—

‘(e)	to require a school to retain an excluded pupil on its roll and to fund the

pupil’s education until the pupil is no longer of compulsory school age.’.

Public Bill Committee: 10 March 2011

51

Education Bill, continued

Kevin Brennan

Mr Iain Wright

28

Clause  4,  page  9,  line  24,  at end insert—

‘(9A)

Once every school year, the responsible body for each school, and the local

authority on behalf of review panels established by them, must publish

information on the number of exclusions, whether they were fixed term or

permanent, and confirm that the decisions are consistent with their duties under

the Equality Act 2010.’.

Kevin Brennan

Mr Iain Wright

31

Clause  4,  page  9,  line  43,  leave out ‘may’ and insert ‘must’.

Kevin Brennan

Mr Iain Wright

32

Clause  4,  page  9,  line  45,  leave out ‘or a description of Academy’.

Kevin Brennan

Mr Iain Wright

34

Clause  4,  page  10,  line  7,  at end insert—

‘(5)	Before the Secretary of State exercises the power to commence this section under

section 78, he must first lay before Parliament a statement agreed with Her

Majesty’s Chief Inspector of Education, Children’s Services and Skills on the

evidence that school staff need the additonal powers available in this section.’.

Kevin Brennan

Mr Iain Wright

40

Clause  5,  page  10,  line  11,  after ‘Wales’ insert ‘or a pupil at a school in England

who has responsibility for caring for family members’.

Kevin Brennan

Mr Iain Wright

41

Clause  5,  page  10,  line  11,  after ‘Wales’ insert ‘or pupils in England under the age

of 14’.

Kevin Brennan

Mr Iain Wright

42

Clause  5,  page  10,  line  11,  at end insert—

‘(2)	Where a school in England requires a pupil to be detained outside school hours

with no notice, the school must have given full consideration on the implications

for the parent or carer of the pupil.’.

© Parliamentary copyright	Revised 10 March 2011