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48 | Power of Assembly to make regulations about looked after children |
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(1) | After section 97C of SSFA 1998 (inserted by section 47) insert— |
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“Looked after children in Wales |
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97D | Power of Assembly to make regulations about admission of looked |
| |
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(1) | The Assembly may by regulations make provision about the admission |
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of children looked after by local authorities in Wales (“looked after |
| |
children”) to maintained schools in Wales. |
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(2) | Regulations under subsection (1) may include provision requiring the |
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admission authorities for such schools— |
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(a) | to include in their admission arrangements such provision |
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relating to the admission of looked after children as may be |
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prescribed, which may in particular include provision for |
| |
securing that, subject to prescribed exceptions, such children |
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are to be offered admission in preference to other children; |
| 15 |
(b) | to admit looked after children in prescribed circumstances, |
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subject to prescribed exceptions. |
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(3) | Regulations under subsection (1) may provide that any of the |
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preceding provisions of this Chapter— |
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(a) | shall not apply in relation to looked after children; |
| 20 |
(b) | shall apply in relation to such children with prescribed |
| |
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(2) | In section 89 of that Act, in subsection (1A)— |
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(a) | after “maintained schools” insert “in England”, and |
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(b) | after “a local authority” insert “in England”. |
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(1) | In section 101 of SSFA 1998 (permitted selection: pupil banding)— |
| |
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(i) | for “subsections (2) to (4)” substitute “subsection (2)”, and |
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(ii) | after “a maintained school” insert “in England or Wales”, |
| 30 |
(b) | after subsection (1) insert— |
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“(1A) | Subject to subsections (2) and (2A), the admission authority for |
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a maintained school in England may make provision for |
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selection by ability to the extent that the arrangements are |
| |
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(a) | that in any year the pupils admitted to the school in any |
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relevant age group are representative of all levels of |
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ability among such one of the following groups as the |
| |
admission arrangements may specify (“the reference |
| |
| 40 |
(i) | children who are applicants for admission in |
| |
that age group to any of two or more schools |
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(including the school in question) in the area of |
| |
the local education authority, |
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|
| |
|
| |
|
(ii) | children in that age group who live in the area of |
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the local education authority, or |
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(iii) | children in that age group who live in England, |
| |
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(b) | that no level of ability is substantially over-represented |
| 5 |
or substantially under-represented by comparison with |
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its representation in the reference group.”, |
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(c) | in subsection (2) for “subsection (1)” substitute “subsection (1) or (1A)”, |
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(d) | after subsection (2) insert— |
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“(2A) | If the admission authority for a maintained school in England is |
| 10 |
the local education authority, the authority may only make such |
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provision for selection by ability as is mentioned in subsection |
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(1A) with the consent of the governing body of the school.”, |
| |
(e) | in subsection (3), after “maintained school” insert “in Wales”, |
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(f) | in subsection (4), for the words from the beginning to “any school” |
| 15 |
substitute “In the case of a school in Wales, admission arrangements to |
| |
which subsection (1) applies are not authorised”, and |
| |
(g) | in subsection (5), for “subsection (1)” substitute “subsection (1) or (1A)”. |
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(2) | In section 102 of SSFA 1998 (permitted selection: aptitude for particular |
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subjects), in subsection (3), for “section 101(1)” substitute “section 101(1) or |
| 20 |
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(3) | In section 103 of SSFA 1998 (permitted selection: introduction, variation or |
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abandonment of provision for such selection)— |
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(a) | in subsection (2) for “constitutes a prescribed alteration for the |
| |
purposes of section 28” substitute “constitutes— |
| 25 |
(a) | in relation to England, a prescribed alteration for the |
| |
purposes of section 18 of the Education and Inspections |
| |
| |
(b) | in relation to Wales, a prescribed alteration for the |
| |
purposes of section 28”, and |
| 30 |
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(i) | for “section 101(1)” substitute “section 101(1) or (1A)”, and |
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(ii) | for “the objectives mentioned in section 101(1)(a) and (b)” |
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substitute “the objectives mentioned in section 101(1)(a) and (b), |
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section 101(1A)(a)(i) and (b), section 101(1A)(a)(ii) and (b) or |
| 35 |
section 101(1A)(a)(iii) and (b)”. |
| |
| |
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Schedule 5 contains amendments of Chapter 4 of Part 2 of SSFA 1998 (financing |
| |
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51 | Removal of requirement to issue code of practice as to relationships between |
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LEAs and maintained schools in England etc |
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(1) | Section 127 of SSFA 1998 (code of practice for securing effective relationships |
| |
between LEAs and maintained schools) is amended as follows. |
| |
|
| |
|
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|
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(a) | for “Secretary of State” substitute “Assembly”, |
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(b) | for “he” substitute “it”, |
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(c) | after “local education authorities” insert “in Wales”, and |
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(d) | for paragraph (b) substitute— |
| 5 |
“(b) | in relation to the discharge of such functions as the |
| |
Assembly may determine for the purposes of this |
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paragraph which are functions exercisable by or on |
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behalf of such authorities in relation to such schools.” |
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(3) | In subsection (2), after “maintained nursery school” insert “in Wales”. |
| 10 |
(4) | For subsection (3) substitute— |
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“(3) | Subsections (1) and (2) of section 85 shall apply in relation to the code |
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as they apply in relation to a code under section 84 relating to Wales.” |
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(5) | In subsection (4), for “Secretary of State” substitute “Assembly”. |
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(6) | Omit subsections (5) and (6). |
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(7) | In the heading, and in the italic heading immediately above it, after |
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“maintained schools” insert “in Wales”. |
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Schools causing concern: England |
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52 | Meaning of “maintained school” and “eligible for intervention” |
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(1) | In this Part “maintained school” means any of the following schools in |
| |
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(a) | a community, foundation or voluntary school, |
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(b) | a community or foundation special school, or |
| 25 |
(c) | a maintained nursery school. |
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(2) | In this Part, references to a school being “eligible for intervention” are to be |
| |
| |
section 53 (warning notice by local education authority), |
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section 54 (school requiring significant improvement), and |
| 30 |
section 55 (school requiring special measures). |
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Schools that are eligible for intervention |
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53 | Warning notice by local education authority |
| |
(1) | A maintained school is by virtue of this section eligible for intervention if— |
| |
(a) | the local education authority have given the governing body a warning |
| 35 |
notice in accordance with subsection (2), |
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(b) | the period beginning with the day on which the warning notice is given |
| |
and ending with the fifteenth working day following that day (“the |
| |
initial period”) has expired, |
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|
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|
| |
|
(c) | either the governing body made no representations under subsection |
| |
(7) to the Chief Inspector against the warning notice during the initial |
| |
period or the Chief Inspector has confirmed the warning notice under |
| |
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(d) | the governing body have failed to comply, or secure compliance, with |
| 5 |
the notice to the authority’s satisfaction by the end of the compliance |
| |
period (as defined by subsection (10)), and |
| |
(e) | the authority have given reasonable notice in writing to the governing |
| |
body that they propose to exercise their powers under any one or more |
| |
of sections 56 to 59 (whether or not the notice is combined with a notice |
| 10 |
under section 62(2A)(c) of SSFA 1998). |
| |
(2) | A local education authority may give a warning notice to the governing body |
| |
of a maintained school where the authority are satisfied— |
| |
(a) | that the standards of performance of pupils at the school are |
| |
unacceptably low, and are likely to remain so unless the authority |
| 15 |
exercise their powers under this Part, or |
| |
(b) | that there has been a serious breakdown in the way the school is |
| |
managed or governed which is prejudicing, or likely to prejudice, such |
| |
standards of performance, or |
| |
(c) | that the safety of pupils or staff of the school is threatened (whether by |
| 20 |
a breakdown of discipline or otherwise). |
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(3) | For the purposes of subsection (2)(a) the standards of performance of pupils at |
| |
a school are low if they are low by reference to any one or more of the |
| |
| |
(a) | the standards that the pupils might in all the circumstances reasonably |
| 25 |
| |
(b) | where relevant, the standards previously attained by them, or |
| |
(c) | the standards attained by pupils at comparable schools. |
| |
(4) | For the purposes of this section a “warning notice” is a notice in writing by the |
| |
local education authority setting out— |
| 30 |
(a) | the matters on which the conclusion mentioned in subsection (2) is |
| |
| |
(b) | the action which they require the governing body to take in order to |
| |
| |
(c) | the initial period applying under subsection (1)(b), and |
| 35 |
(d) | the action which the local education authority are minded to take |
| |
(under one or more of sections 56 to 59 or otherwise) if the governing |
| |
body fail to take the required action. |
| |
(5) | The warning notice must also inform the governing body of their right to make |
| |
representations under subsection (7) during the initial period. |
| 40 |
(6) | The local education authority must, at the same time as giving the governing |
| |
body the warning notice, give a copy of the notice to each of the following |
| |
| |
| |
(b) | the head teacher of the school, |
| 45 |
(c) | in the case of a Church of England school or a Roman Catholic Church |
| |
school, the appropriate diocesan authority, and |
| |
(d) | in the case of a foundation or voluntary school, the person who |
| |
appoints the foundation governors. |
| |
|
| |
|
| |
|
(7) | Before the end of the initial period, the governing body may make |
| |
representations in writing to the Chief Inspector against the warning notice, |
| |
and must send a copy of any such representations to the local education |
| |
| |
(8) | The Chief Inspector must consider any representations made to him under |
| 5 |
subsection (7) and may, if he thinks fit, confirm the warning notice. |
| |
(9) | The Chief Inspector must give notice in writing of his decision whether or not |
| |
to confirm the warning notice to the local education authority, the governing |
| |
body and such other persons as the Secretary of State may require. |
| |
| 10 |
“the compliance period”, in relation to a warning notice, means— |
| |
(a) | in a case where the governing body does not make |
| |
representations under subsection (7), the initial period |
| |
mentioned in subsection (1)(b), and |
| |
(b) | in a case where the Chief Inspector confirms the warning notice |
| 15 |
under subsection (8), the period beginning with the day on |
| |
which he does so and ending with the fifteenth working day |
| |
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“working day” means a day other than a Saturday, a Sunday, Christmas |
| |
Day, Good Friday or a day which is a bank holiday under the Banking |
| 20 |
and Financial Dealings Act 1971 (c. 80) in England. |
| |
54 | School requiring significant improvement |
| |
A maintained school is by virtue of this section eligible for intervention if— |
| |
(a) | following an inspection of the school under Chapter 1 of Part 1 of EA |
| |
2005, the Chief Inspector has given notice under section 13(3)(a) of that |
| 25 |
Act in a case falling within section 13(1)(b) of that Act (school requiring |
| |
significant improvement), and |
| |
(b) | where any subsequent inspection of the school has been made under |
| |
Chapter 1 of Part 1 of that Act, the notice has not been superseded by— |
| |
(i) | the person making the subsequent inspection making a report |
| 30 |
stating that in his opinion the school no longer requires |
| |
significant improvement, or |
| |
(ii) | the Chief Inspector giving the Secretary of State a notice under |
| |
section 13(3)(a) of that Act in a case falling within section |
| |
13(1)(a) of that Act (school requiring special measures). |
| 35 |
55 | School requiring special measures |
| |
A maintained school is by virtue of this section eligible for intervention if— |
| |
(a) | following an inspection of the school under Chapter 1 of Part 1 of EA |
| |
2005, the Chief Inspector has given notice under section 13(3)(a) of that |
| |
Act in a case falling within section 13(1)(a) of that Act (school requiring |
| 40 |
| |
(b) | where any subsequent inspection of the school has been made under |
| |
Chapter 1 of Part 1 of that Act, the person making it did not state that |
| |
in his opinion special measures were not required to be taken in |
| |
| 45 |
|
| |
|