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(a) the “appropriate amount” has been determined in accordance with paragraph A3(3), or

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(b) the authority have withdrawn notice of their claim in accordance with sub-paragraph (8).” (a) the authority gave notice of their claim to the whole or a part of the publicly funded proceeds of disposal in accordance with paragraph A2(6)(c), and (b) the “appropriate amount” has been determined in accordance with paragraph A3(3) to be an amount greater than zero, the governing body must pay the “appropriate amount” to the authority.” (a) the authority gave notice of their objection to the disposal in accordance with paragraph A2(6)(a), and (b) the adjudicator has determined that he does not approve the disposal.

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(a) the adjudicator has approved the disposal on a reference made under paragraph A10(1), or (b) the authority have withdrawn notice of their objection to the disposal in accordance with sub-paragraph (8).” (a) notice of their objection to the proposed use of the publicly funded proceeds of disposal under sub-paragraph (6)(b); (b) notice of their claim to the whole or a part of the publicly funded proceeds of disposal under sub-paragraph (6)(c), the foundation body may not use the publicly funded proceeds of disposal until the relevant requirements in relation to each notice so given are met. (a) the relevant capital expenditure upon which the publicly funded proceeds of disposal are to be used has been determined in accordance with paragraph A10(2), or (b) the authority have withdrawn notice of their objection to the proposed use of the publicly funded proceeds of disposal in accordance with sub-paragraph (8). (a) the “appropriate amount” has been determined in accordance with paragraph A10(3), or (b) the authority have withdrawn notice of their claim in accordance with sub-paragraph (8).” (a) the authority gave notice of their claim to the whole or a part of the publicly funded proceeds of disposal in accordance with paragraph A9(6)(c), and

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(b) the “appropriate amount” has been determined in accordance with paragraph A10(3) to be an amount greater than zero, the foundation body must pay the “appropriate amount” to the authority.” (a) the authority gave notice of their objection to the disposal in accordance with paragraph A9(6)(a), and (b) the adjudicator has determined that he does not approve the disposal.

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(a) the adjudicator has approved the disposal on a reference made under paragraph A17(1), or (b) the authority have withdrawn notice of their objection to the disposal in accordance with sub-paragraph (10).” (a) notice of their objection to the proposed use of the publicly funded proceeds of disposal under sub-paragraph (8)(b); (b) notice of their claim to the whole or a part of the publicly funded proceeds of disposal under sub-paragraph (8)(c), the trustees may not use the publicly funded proceeds of disposal until the relevant requirements in relation to each notice so given are met. (a) the relevant capital expenditure upon which the publicly funded proceeds of disposal are to be used has been determined in accordance with paragraph A17(2), or (b) the authority have withdrawn notice of their objection to the proposed use of the publicly funded proceeds of disposal in accordance with sub-paragraph (10). (a) the “appropriate amount” has been determined in accordance with paragraph A17(3), or (b) the authority have withdrawn notice of their claim in accordance with sub-paragraph (10).” “( ) in sub-paragraph (13)- (i) for “proposed use of the publicly funded proceeds of disposal” substitute “proposed purposes for which the land is to be used”, and (ii) for “use the publicly funded proceeds of disposal” substitute “use the land for purposes not connected with the provision of education in maintained schools”, and ( ) in sub-paragraph (14)- (i) for “relevant capital expenditure upon which the publicly funded proceeds of disposal are to be used has” substitute “purposes for which the land is to be used have”, and (ii) for “proposed use of the publicly funded proceeds of disposal” substitute “proposed purposes for which the land is to be used”.”

On Question, amendments agreed to.

[Amendment No. 130 not moved.]

Lord Adonis moved Amendments Nos. 130A to 130H:



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(a) the authority gave notice of their claim to the whole or a part of the publicly funded proceeds of disposal in accordance with paragraph A16(8)(c), and (b) the “appropriate amount” has been determined in accordance with paragraph A17(3) to be an amount greater than zero, the trustees or their successors must pay the “appropriate amount” to the authority.”

On Question, amendments agreed to.

[Amendment No. 131 not moved.]

Lord Adonis moved Amendments Nos. 131A to 131U:

(a) the authority gave notice of their objection to the disposal in accordance with paragraph A16(8)(a), and (b) the adjudicator has determined that he does not approve the disposal.

On Question, amendments agreed to.

[Amendment No. 132 not moved.]



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Lord Adonis moved Amendments Nos. 132A to 132D:

(a) the publicly funded proceeds of disposal; (b) the “appropriate amount”; (c) the amount of the consideration (if any) to be paid under paragraph A6A, A13A or A20A. (a) in the case of any disposal, the value of the land as at the date of the determination, (b) in the case of any disposal, any enhancement in value of the land attributable to expenditure on the land by the local education authority or a relevant person, (c) in the case of any disposal, any expenditure on the land by a relevant person, (d) in the case of any disposal, any relevant payments made by a relevant person to the local education authority or the Secretary of State, (e) in the case of any disposal, to the extent that they do not fall within paragraph (c) or (d), any payments in respect of the acquisition of the land, and (f) in the case of a disposal falling within paragraph A1(1)(i), paragraph A8(1)(h) or paragraph A15(1)(h) or (k), (2)(a)(iii) or (b), or (3)(a)(ii), the extent to which the proceeds of disposal mentioned in the provision in question were publicly funded proceeds of disposal as defined for the purposes of paragraph A2, A9 or A16, as the case may be. (a) in the case of a disposal to which paragraph A2 or A16 applies, the governing body or the trustees of the school in question, and (b) in the case of a disposal to which paragraph A9 applies, the foundation body in question. (a) in the case of any disposal, a payment in respect of the current school site or sites to which the land relates, (b) in the case of any disposal, a payment under any of the following provisions- paragraph 2(6) of Schedule 3; paragraph 16(5) of Schedule 6 (including that provision as applied by any enactment); section 60(4) of the Education Act 1996; paragraph 28(5) of Schedule 2 to the Education and Inspections Act 2006 (including that provision as applied by any enactment), and. (c) in the case of a disposal of land falling within any of the following provisions- paragraph A1(1)(f) or (g); paragraph A8(1)(e) or (f); paragraph A15(1)(g), (i) or (j),. (a) where the school was established in pursuance of proposals published under section 28(2) or 28A(2), the persons who published the proposals,

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(b) where the school was established in pursuance of proposals published under section 70 of the Education Act 2002 or section 66 of the Education Act 2005 which were made by persons other than a local education authority, the persons by whom the proposals were made, and (c) where the school was established in pursuance of proposals published under any of sections 7, 10 and 11 of the Education and Inspections Act 2006, any persons, other than a local education authority, by whom the proposals were treated for the purposes of Schedule 2 to that Act as having been made. (a) where the school or any of the schools to which the land in question relates was established in pursuance of proposals published under section 28(2) or 28A(2), the persons who published the proposals, (b) where the school or any of the schools to which the land in question relates was established in pursuance of proposals published under section 70 of the Education Act 2002 or section 66 of the Education Act 2005 which were made by persons other than a local education authority, the persons by whom the proposals were made, and (c) where the school or any of the schools to which the land in question relates was established in pursuance of proposals published under any of sections 7, 10 and 11 of the Education and Inspections Act 2006, any persons, other than a local education authority, by whom the proposals were treated for the purposes of Schedule 2 to that Act as having been made.” (a) an application for its variation or revocation is made to him by an appropriate person in relation to the order, and (b) before making the further order, the adjudicator consults such persons as he considers appropriate. (a) the governing body, the foundation body or the trustees, as the case may be, who applied for the order, (b) the local education authority, or (c) if different from that authority, the local authority to whom land is required to be transferred under the order.

On Question, amendments agreed to.

[Amendment No. 132E not moved.]



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Lord Adonis moved Amendments Nos. 132F and 132G:

On Question, amendments agreed to.

Lord Adonis moved Amendments Nos. 133 to 136:

On Question, amendments agreed to.

Lord Adonis moved Amendments Nos. 136A to 136E:

(a) by agreement between the authority and the relevant body, or (b) by the adjudicator where- (i) the authority or the relevant body refer the matter to him for determination, and (ii) by the time of his determination, the matter has not been determined by agreement between the authority and the relevant body.”” (a) for “Secretary of State” substitute “adjudicator”, and (b) after “particular” insert “to any guidance given from time to time by the Secretary of State and”.” (a) the matter is referred to him by the local education authority or the relevant body, and

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(b) before making the further determination, the adjudicator consults such persons as he considers appropriate.

On Question, amendments agreed to.

[Amendment No. 137 not moved.]

Lord Adonis moved Amendment No. 137A:

On Question, amendment agreed to.

Schedule 4, as amended, agreed to.

Baroness Buscombe moved Amendment No. 138:

(a) he assumes a level of responsibility for another person which would normally be assumed by an adult, (b) he is a registered pupil at the school.”

The noble Baroness said: This is a probing amendment. We would like to see the Government further considering young carers’ welfare. Like looked after children, children who take on a caring role in the family are pupils who are at particular risk of not receiving sufficient support from the education system. About 3 million children in the UK are affected by disability in their families and 175,000 of them become young carers. It is estimated that the majority of young carers remain unidentified. We must ensure that these children are identified and offered the best support so that they can achieve their potential.

Amendment No. 142—proposed by the noble Baroness, Lady Massey, and supported by the noble Baroness, Lady Walmsley—which attempts to address the issue, is unsatisfactory. It is far too prescriptive and would unnecessarily restrict the freedom and autonomy of our schools. Our amendment will enable each school to develop a policy suited to its circumstances, ensuring that young carers are identified and their welfare promoted. It is drafted along the same lines as the discipline provisions. There is no substantive relation, but it seemed appropriate that a governing body would take a special interest in the welfare of young carers, and develop a policy suited to their particular school. That can be achieved without hindering the school’s powers and freedoms to run their own affairs, and would offer each school the opportunity to safeguard the welfare of their own pupils.



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I look forward to the Minister’s response on this important matter. I am sure that many schools already take an interest in young carers, but it is important to emphasise that the amendment is not intended to create an index of young carers for all to see. I am well aware that many young carers may not wish to be identified in front of their classmates, or share their home situation. Their privacy should be respected. That message is terribly important. The aim of the amendment is to improve the support given to young carers, not to expose their personal lives to unwanted scrutiny. I beg to move.

Baroness Massey of Darwen: I shall speak to Amendment No. 142. I am not sure that the noble Baroness, Lady Buscombe, and I are all that far apart. I welcome the desire to help and support children in care in the Bill. I tabled Amendment No. 142 because young carers also deserve a better deal.

I have recently met many young carers and listened to their problems. I am grateful to the Princess Royal Trust for Carers and other support groups for supplying me with further information. A huge and recurring issue is that of schools not knowing that they have young carers, and having no policy or person in charge to cope with their needs. There is no need to identify them in front of their classmates, but people need to know that there is a problem, just like any other welfare problem.

Some young carers are caring for a parent with a physical or mental disability, or for a sibling. In both cases, they may find themselves late for school, unable to do homework on time or, sadly, missing school. I shall briefly illustrate my points. As the noble Baroness, Lady Buscombe, said, there are around 175,000 carers in the UK. Of these, 13,000 care for people for more than 50 hours a week. That is surely enough young people to mean that every local authority should have a young carer strategy as part of their children and young people’s plan. Young people’s health is often badly affected by caring through the night, having to lift a heavy adult and feeling isolated. These young people are often going through adolescence, and have the same emotional needs as others. Many suffer the additional trauma of bereavement, family break-up, loss of income or housing, and seeing the effects of illness or substance misuse in the family.

I am focusing on educational needs, but these needs go beyond education; a good reason for children’s services which link together to support the young person. Education is a big concern when we are looking at people missing school altogether. One child said:

The DfES guidance and advice for schools and local authorities states:


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