Education and Inspections Bill

House of Lords

Session 2005 - 06
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Other Bills before Parliament

Education and Inspections Bill

Education and Inspections Bill
Part 3 — Further provisions about maintained schools
38

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Power of Assembly to make regulations about looked after children
(1)
After section 97C of SSFA 1998 (inserted by section 47) insert—
“Looked after children in Wales
97D
Power of Assembly to make regulations about admission of looked
after children
5
(1)
The Assembly may by regulations make provision about the admission
of children looked after by local authorities in Wales (“looked after
children”) to maintained schools in Wales.
(2)
Regulations under subsection (1) may include provision requiring the
admission authorities for such schools—
10
(a)
to include in their admission arrangements such provision
relating to the admission of looked after children as may be
prescribed, which may in particular include provision for
securing that, subject to prescribed exceptions, such children
are to be offered admission in preference to other children;
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(b)
to admit looked after children in prescribed circumstances,
subject to prescribed exceptions.
(3)
Regulations under subsection (1) may provide that any of the
preceding provisions of this Chapter—
(a)
shall not apply in relation to looked after children;
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(b)
shall apply in relation to such children with prescribed
modifications.”
(2)
In section 89 of that Act, in subsection (1A)—
(a)
after “maintained schools” insert “in England”, and
(b)
after “a local authority” insert “in England”.
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49
Pupil banding
(1)
In section 101 of SSFA 1998 (permitted selection: pupil banding)—
(a)
in subsection (1)—
(i)
for “subsections (2) to (4)” substitute “subsection (2)”, and
(ii)
after “a maintained school” insert “in England or Wales”,
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(b)
after subsection (1) insert—
“(1A)
Subject to subsections (2) and (2A), the admission authority for
a maintained school in England may make provision for
selection by ability to the extent that the arrangements are
designed to secure—
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(a)
that in any year the pupils admitted to the school in any
relevant age group are representative of all levels of
ability among such one of the following groups as the
admission arrangements may specify (“the reference
group”)—
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(i)
children who are applicants for admission in
that age group to any of two or more schools
(including the school in question) in the area of
the local education authority,

Education and Inspections Bill
Part 3 — Further provisions about maintained schools
39

(ii)
children in that age group who live in the area of
the local education authority, or
(iii)
children in that age group who live in England,
and
(b)
that no level of ability is substantially over-represented
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or substantially under-represented by comparison with
its representation in the reference group.”,
(c)
in subsection (2) for “subsection (1)” substitute “subsection (1) or (1A)”,
(d)
after subsection (2) insert—
“(2A)
If the admission authority for a maintained school in England is
10
the local education authority, the authority may only make such
provision for selection by ability as is mentioned in subsection
(1A) with the consent of the governing body of the school.”,
(e)
in subsection (3), after “maintained school” insert “in Wales”,
(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)”.
(2)
In section 102 of SSFA 1998 (permitted selection: aptitude for particular
subjects), in subsection (3), for “section 101(1)” substitute “section 101(1) or
20
(1A)”.
(3)
In section 103 of SSFA 1998 (permitted selection: introduction, variation or
abandonment of provision for such selection)—
(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
Act 2006, and
(b)
in relation to Wales, a prescribed alteration for the
purposes of section 28”, and
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(b)
in subsection (3) —
(i)
for “section 101(1)” substitute “section 101(1) or (1A)”, and
(ii)
for “the objectives mentioned in section 101(1)(a) and (b)”
substitute “the objectives mentioned in section 101(1)(a) and (b),
section 101(1A)(a)(i) and (b), section 101(1A)(a)(ii) and (b) or
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section 101(1A)(a)(iii) and (b)”.
Miscellaneous
50
School funding
Schedule 5 contains amendments of Chapter 4 of Part 2 of SSFA 1998 (financing
of maintained schools).
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51
Removal of requirement to issue code of practice as to relationships between
LEAs and maintained schools in England etc
(1)
Section 127 of SSFA 1998 (code of practice for securing effective relationships
between LEAs and maintained schools) is amended as follows.

Education and Inspections Bill
Part 4 — Schools causing concern: England
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(2)
In subsection (1)—
(a)
for “Secretary of State” substitute “Assembly”,
(b)
for “he” substitute “it”,
(c)
after “local education authorities” insert “in Wales”, and
(d)
for paragraph (b) substitute—
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“(b)
in relation to the discharge of such functions as the
Assembly may determine for the purposes of this
paragraph which are functions exercisable by or on
behalf of such authorities in relation to such schools.”
(3)
In subsection (2), after “maintained nursery school” insert “in Wales”.
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(4)
For subsection (3) substitute—
“(3)
Subsections (1) and (2) of section 85 shall apply in relation to the code
as they apply in relation to a code under section 84 relating to Wales.”
(5)
In subsection (4), for “Secretary of State” substitute “Assembly”.
(6)
Omit subsections (5) and (6).
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(7)
In the heading, and in the italic heading immediately above it, after
“maintained schools” insert “in Wales”.
Part 4
Schools causing concern: England
Introduction
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52
Meaning of “maintained school” and “eligible for intervention”
(1)
In this Part “maintained school” means any of the following schools in
England—
(a)
a community, foundation or voluntary school,
(b)
a community or foundation special school, or
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(c)
a maintained nursery school.
(2)
In this Part, references to a school being “eligible for intervention” are to be
read in accordance with—
section 53 (warning notice by local education authority),
section 54 (school requiring significant improvement), and
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section 55 (school requiring special measures).
Schools that are eligible for intervention
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),
(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,

Education and Inspections Bill
Part 4 — Schools causing concern: England
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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
subsection (8),
(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
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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).
(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
following—
(a)
the standards that the pupils might in all the circumstances reasonably
25
be expected to attain,
(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
based,
(b)
the action which they require the governing body to take in order to
remedy those matters,
(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.
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(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
persons—
(a)
the Chief Inspector,
(b)
the head teacher of the school,
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(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.

Education and Inspections Bill
Part 4 — Schools causing concern: England
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(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
authority.
(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)
In this section—
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“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
following that day;
“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
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and Financial Dealings Act 1971 (c. 80) in England.
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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
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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).
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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
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special measures), and
(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
relation to the school.
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