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Education and Inspections Bill


Education and Inspections Bill
Part 1 — Education functions of local authorities

1

 

A

Bill

To

Make provision about primary, secondary and further education and about

training; to make provision about food or drink provided on school premises

or in connection with the provision of education or childcare; to provide for

the establishment of an Office for Standards in Education, Children’s Services

and Skills and the appointment of Her Majesty’s Chief Inspector of Education,

Children’s Services and Skills and make provision about the functions of that

Office and that Chief Inspector; to provide for the amendment of references to

local education authorities and children’s services authorities; to amend

section 29 of the Leasehold Reform Act 1967 in relation to university bodies;

and for connected purposes. 

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

Education functions of local authorities

1       

Duties in relation to high standards and the fulfilment of potential

For section 13A of EA 1996 substitute—

“13A    

Duty to promote high standards and the fulfilment of potential

5

(1)   

A local education authority shall ensure that their functions relating to

the provision of education to which this section applies are (so far as

they are capable of being so exercised) exercised by the authority with

a view to—

(a)   

promoting high standards,

10

(b)   

in the case of a local education authority in England, ensuring

fair access to educational opportunity, and

(c)   

promoting the fulfilment by every child concerned of his

educational potential.

 
HL Bill 11654/1
 
 

Education and Inspections Bill
Part 1 — Education functions of local authorities

2

 

(2)   

This section applies to education for—

(a)   

children of compulsory school age (whether at school or

otherwise); and

(b)   

children under or over that age who are registered as pupils at

schools maintained by the authority,

5

   

and in subsection (1) “functions” means functions of whatever nature.

(3)   

In this section “child” means a person under the age of 20.”

2       

Duties in relation to diversity and choice

In section 14 of EA 1996 (functions of local education authorities in relation to

the provision of primary and secondary education) after subsection (3) insert—

10

“(3A)   

A local education authority in England shall exercise their powers

under this section with a view to—

(a)   

securing diversity in the provision of schools, and

(b)   

increasing opportunities for parental choice.”

3       

Duty to consider parental representations

15

After section 14 of EA 1996 insert—

“14A    

Duty of local education authority to consider parental representations

(1)   

Where a local education authority in England receive any

representation from a parent of a qualifying child as to the exercise by

the authority of their functions under section 14, the authority shall—

20

(a)   

consider the representation and what action (if any) to take in

response to it, and

(b)   

within a reasonable time provide the parent with a statement

setting out—

(i)   

any action which the authority propose to take in

25

response to the representation, or

(ii)   

where the authority are of the opinion that no such

action is necessary, their reasons for being of that

opinion.

(2)   

In subsection (1) “qualifying child”, in relation to a local education

30

authority, means any child in the authority’s area who is of or under

compulsory school age.

(3)   

Subsection (1) does not apply in relation to any representation which—

(a)   

appears to the local education authority to be frivolous or

vexatious, or

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(b)   

is the same as, or similar to, a representation previously

received by the authority from the same person.

(4)   

In exercising their functions under this section, a local education

authority must have regard to any guidance given from time to time by

the Secretary of State.”

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4       

Duty to identify children not receiving education

(1)   

In Chapter 2 of Part 6 of EA 1996 (school attendance) before the cross-heading

 
 

Education and Inspections Bill
Part 1 — Education functions of local authorities

3

 

preceding section 437 insert— 

“Children not receiving suitable education

436A    

Duty to make arrangements to identify children not receiving

education

(1)   

A local education authority must make arrangements to enable them to

5

establish (so far as it is possible to do so) the identities of children in

their area who are of compulsory school age but—

(a)   

are not registered pupils at a school, and

(b)   

are not receiving suitable education otherwise than at a school.

(2)   

In exercising their functions under this section a local education

10

authority must have regard to any guidance given from time to time by

the Secretary of State.

(3)   

In this Chapter, “suitable education”, in relation to a child, means

efficient full-time education suitable to his age, ability and aptitude and

to any special educational needs he may have.”

15

(2)   

In section 437 of EA 1996, in subsection (8) omit the definition of “suitable

education”.

(3)   

In section 580 of EA 1996 (index) for the entry in the second column which

relates to the expression “suitable education (in Chapter 2 of Part 6)” substitute

“section 436A(3)”.

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5       

School improvement partners

(1)   

A local education authority in England must appoint, in relation to each

maintained school which they maintain, a person (to be known as a school

improvement partner) to provide advice to the governing body and head

teacher of the school with a view to improving standards at the school.

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(2)   

A person may not be appointed as, or remain, a school improvement partner

unless he is for the time being accredited for the purposes of this section—

(a)   

by the Secretary of State, or

(b)   

by a person authorised by the Secretary of State to accredit persons for

those purposes.

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(3)   

Regulations may prescribe other requirements to be met by local education

authorities in connection with the appointment of school improvement

partners.

(4)   

Regulations may confer functions in relation to school improvement partners

on local education authorities or on the governing bodies of maintained

35

schools.

(5)   

Regulations may provide that in prescribed circumstances a person employed

or engaged by a local education authority before the commencement of this

section is to be taken to have been appointed by them as a school improvement

partner.

40

(6)   

In this section—

“maintain”, in relation to a maintained school, has the same meaning as in

SSFA 1998;

 
 

Education and Inspections Bill
Part 1 — Education functions of local authorities

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“maintained school” means—

(a)   

a community, foundation or voluntary school, or

(b)   

a community or foundation special school;

“prescribed” means prescribed by regulations;

“regulations” means regulations made by the Secretary of State.

5

6       

Functions in respect of recreation etc

(1)   

Before section 508 of EA 1996 (functions of LEA in respect of facilities for

recreation and social and physical training), and immediately after the cross-

heading which precedes that section, insert—

“507A   

LEAs in England: functions in respect of recreational and training

10

facilities for children under 13

(1)   

A local education authority in England must secure that the facilities

for primary and secondary education provided for their area include

adequate facilities for recreation and social and physical training for

children who have not attained the age of 13.

15

(2)   

For the purposes of subsection (1) a local education authority may—

(a)   

establish, maintain and manage, or assist the establishment,

maintenance and management of—

(i)   

camps, holiday classes, playing fields, play centres, and

(ii)   

other places, including playgrounds, gymnasiums and

20

swimming baths not appropriated to any school or other

educational institution,

   

at which facilities for recreation and social and physical training

are available for persons receiving primary or secondary

education;

25

(b)   

organise games, expeditions and other activities for such

persons; and

(c)   

defray, or contribute towards, the expenses of such games,

expeditions and other activities.

(3)   

When making arrangements for the provision of facilities or the

30

organisation of activities in the exercise of their powers under

subsection (2), a local education authority must, in particular, have

regard to the expediency of co-operating with any voluntary societies

or bodies whose objects include the provision of facilities or the

organisation of activities of a similar character.

35

507B    

LEAs in England: functions in respect of leisure-time activities etc for

persons aged 13 to 19 and certain persons aged 20 to 24

(1)   

A local education authority in England must, so far as reasonably

practicable, secure for qualifying young persons in the authority’s area

access to—

40

(a)   

sufficient educational leisure-time activities for the

improvement of their well-being, and sufficient facilities for

such activities; and

(b)   

sufficient recreational leisure-time activities for the

improvement of their well-being, and sufficient facilities for

45

such activities.

 
 

Education and Inspections Bill
Part 1 — Education functions of local authorities

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(2)   

“Qualifying young persons”, for the purposes of this section, are—

(a)   

persons who have attained the age of 13 but not the age of 20;

and

(b)   

persons who have attained the age of 20 but not the age of 25

and have a learning difficulty (within the meaning of section

5

13(5)(a) and (6) of the Learning and Skills Act 2000).

(3)   

References in the remaining provisions of this section to “positive

leisure-time activities” are references to any activities falling within

paragraph (a) or (b) of subsection (1).

(4)   

For the purposes of subsection (1) a local education authority may—

10

(a)   

provide facilities for positive leisure-time activities;

(b)   

assist others in the provision of such facilities;

(c)   

make arrangements for facilitating access for qualifying young

persons to such facilities;

(d)   

organise positive leisure-time activities;

15

(e)   

assist others in the organisation of such activities;

(f)   

make arrangements for facilitating access for qualifying young

persons to such activities;

(g)   

enter into agreements or make arrangements with any person in

connection with anything done or proposed to be done under

20

any of paragraphs (a) to (f);

(h)   

take any other action which the authority think appropriate.

(5)   

For the purposes of subsection (4)—

(a)   

the provision mentioned in paragraph (a) may include

establishing, maintaining and managing places at which

25

facilities for positive leisure-time activities are provided;

(b)   

the assistance mentioned in paragraphs (b) and (e) may include

the provision of financial assistance;

(c)   

the arrangements mentioned in paragraphs (c) and (f) may

include the provision of transport, of financial assistance or of

30

information to any person.

(6)   

Before taking any action for the purposes of subsection (1) (“the

proposed action”), a local education authority must—

(a)   

consider whether it is expedient for the proposed action to be

taken by another person, and

35

(b)   

where the authority consider that it is so expedient, take all

reasonable steps to enter into an agreement or make

arrangements with such a person for that purpose.

(7)   

For the purposes of subsection (6)(a) a local education authority must

consult such persons as the authority think appropriate as to whether

40

it is expedient for the proposed action to be taken by another person.

(8)   

In exercising their functions under this section a local education

authority must—

(a)   

take steps to ascertain the views of qualifying young persons in

the authority’s area about—

45

(i)   

positive leisure-time activities, and facilities for such

activities, in the authority’s area;

 
 

Education and Inspections Bill
Part 2 — Establishment, discontinuance or alteration of schools

6

 

(ii)   

the need for any additional such activities and facilities;

and

(iii)   

access to such activities and facilities; and

(b)   

secure that the views of qualifying young persons in the

authority’s area are taken into account.

5

(9)   

A local education authority in England must—

(a)   

publicise information about positive leisure-time activities, and

facilities for such activities, in the authority’s area, and

(b)   

keep the information publicised under paragraph (a) up to date.

(10)   

A local education authority may charge in respect of anything provided

10

by the authority under this section where the provision is to a

qualifying young person (whether or not in the authority’s area).

(11)   

In exercising their functions under this section a local education

authority must have regard to any guidance given from time to time by

the Secretary of State.

15

(12)   

In this section—

“recreation” includes physical training (and “recreational” is to be

construed accordingly);

“sufficient”, in relation to activities or facilities, means sufficient

having regard to quantity;

20

“well-being”, in relation to a person, means his well-being so far as

relating to—

(a)   

physical and mental health and emotional well-being;

(b)   

protection from harm and neglect;

(c)   

education, training and recreation;

25

(d)   

the contribution made by him to society;

(e)   

social and economic well-being.”

(2)   

Schedule 1 contains amendments related to the provision made by subsection

(1).

Part 2

30

Establishment, discontinuance or alteration of schools

Establishment of new schools

7       

Invitation for proposals for establishment of new schools

(1)   

A local education authority in England may publish a notice under this section

inviting proposals from persons other than local education authorities for the

35

establishment of any new school falling within subsection (2).

(2)   

The schools falling within this subsection are—

(a)   

a foundation, voluntary or foundation special school, other than one

providing education suitable only to the requirements of persons above

compulsory school age, or

40

(b)   

an Academy.

(3)   

A notice under this section must—

 
 

Education and Inspections Bill
Part 2 — Establishment, discontinuance or alteration of schools

7

 

(a)   

identify a possible site for the school,

(b)   

state whether or not the proposed school is to be a special school,

(c)   

specify a date, being a date after the prescribed interval, by which

proposals must be submitted,

(d)   

specify such other matters as may be prescribed, and

5

(e)   

be published in the prescribed manner.

(4)   

Proposals made pursuant to a notice under this section must—

(a)   

contain the prescribed information, and

(b)   

be submitted to the local education authority before the date specified

in the notice.

10

(5)   

After the date specified in a notice published by a local education authority

under this section, the authority—

(a)   

must publish under this section any proposals submitted pursuant to

the notice in accordance with subsection (4), and

(b)   

may publish under this section—

15

(i)   

proposals of their own for the establishment of a foundation

school or a foundation special school, or

(ii)   

if section 8 permits them to do so, proposals of their own for the

establishment of a community or community special school.

(6)   

Regulations may prescribe—

20

(a)   

the time within which proposals under this section must be published,

(b)   

the manner in which they must be published, and

(c)   

the information which proposals within subsection (5)(b) must contain.

(7)   

Schedule 2 has effect in relation to the consideration, approval and

implementation of proposals under this section.

25

8       

Proposals under section 7 relating to community or community special

schools

(1)   

A local education authority may by virtue of subsection (5)(b)(ii) of section 7

publish proposals under that section for the establishment of a community or

community special school—

30

(a)   

only if at a prescribed time prescribed conditions are met in relation to

the authority, and

(b)   

except where further prescribed conditions are also met in relation to

the authority at that time, only with the consent of the Secretary of

State.

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(2)   

The conditions prescribed for the purposes of subsection (1)(a) or (b) must

include conditions relating to the standards achieved by the authority in

performing the functions to which Chapter 4 of Part 8 (inspection and review

of local authorities in England) applies.

(3)   

The other conditions that may be prescribed for those purposes are conditions

40

relating to either or both of the following—

(a)   

the standards of performance achieved by any relevant school, and

(b)   

the extent of diversity among relevant schools.

(4)   

The matters to which the Secretary of State is to have regard in determining

whether to give consent under subsection (1)(b) include standards of the kind

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