Education and Inspections Bill

House of Lords

Session 2005 - 06
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Education and Inspections Bill

Education and Inspections Bill
Part 7 — Discipline, behaviour and exclusion
Chapter 2 — Parental responsibilities and excluded pupils
77

(7)
In this section—
“authorised officer” means—
(a)
a constable,
(b)
an officer of a local education authority in England who is
authorised by the authority to give penalty notices, or
5
(c)
an authorised staff member;
“authorised staff member” means—
(a)
a head teacher of a relevant school in England, or
(b)
a member of the staff of a relevant school in England who is
authorised by the head teacher of the school to give penalty
10
notices;
“regulations” means regulations made by the Secretary of State.
99
Penalty notices: supplemental
(1)
Regulations may make—
(a)
provision as to the form and content of penalty notices;
15
(b)
provision as to the monetary amount of any penalty and the time by
which it is to be paid;
(c)
provision for determining the local education authority to whom a
penalty is payable;
(d)
provision as to the methods by which penalties may be paid;
20
(e)
provision as to the records which are to be kept in relation to penalty
notices;
(f)
provision as to the persons who may be authorised by a local education
authority or a head teacher to give penalty notices;
(g)
provision limiting the circumstances in which authorised officers of a
25
prescribed description may give penalty notices;
(h)
provision for or in connection with the withdrawal, in prescribed
circumstances, of a penalty notice, including—
(i)
repayment of any amount by way of penalty under a penalty
notice which is withdrawn, and
30
(ii)
prohibition of the institution or continuation of proceedings for
the offence to which the withdrawn notice relates;
(i)
provision for a certificate—
(i)
purporting to be signed by or on behalf of a prescribed person,
and
35
(ii)
stating that payment of any amount paid by way of penalty was
or, as the case may be, was not received on or before a date
specified in the certificate,

to be received in evidence of the matters so stated;
(j)
provision as to the action to be taken if a penalty is not paid in
40
accordance with a penalty notice;
(k)
provision for or in connection with the preparation of codes of conduct
in relation to the giving of penalty notices;
(l)
such other provision in relation to penalties or penalty notices as the
Secretary of State thinks necessary or expedient.
45
(2)
Without prejudice to the generality of subsection (1) or section 166(2)(a),
regulations under subsection (1)(b) may make provision for penalties of
different amounts to be payable in different cases (including provision for the

Education and Inspections Bill
Part 7 — Discipline, behaviour and exclusion
Chapter 2 — Parental responsibilities and excluded pupils
78

penalty payable under a penalty notice to differ according to the time by which
it is paid).
(3)
Local education authorities, head teachers and authorised officers must, in
carrying out their functions in relation to penalty notices, have regard to any
guidance which is given by the Secretary of State from time to time in relation
5
to penalty notices.
(4)
In this section —
“penalty” means a penalty under a penalty notice;
“penalty notice” has the meaning given by section 98(2);
and other expressions have the same meaning as in section 98.
10
100
Removal of excluded pupils to designated premises
(1)
Section 16 of the Crime and Disorder Act 1998 (c. 37) (removal of truants to
designated premises) is amended in accordance with subsections (2) to (6).
(2)
In subsection (2)—
(a)
for “subsection (3)” substitute “subsections (3) and (3ZA)”, and
15
(b)
for “that subsection” substitute “each of those subsections”.
(3)
After subsection (3) insert—
“(3ZA)
If a constable has reasonable cause to believe that a child or young
person found by him in a public place in a specified area during a
specified period and during school hours—
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(a)
is of compulsory school age,
(b)
has been excluded on disciplinary grounds from a relevant
school for a fixed period or permanently,
(c)
remains excluded from that school,
(d)
has not subsequently been admitted as a pupil to any other
25
school, and
(e)
has no reasonable justification for being in the public place,

the constable may remove the child or young person to designated
premises.”
(4)
After subsection (3A) insert—
30
“(3B)
In subsection (3ZA), “school hours” means the school hours of the
school referred to in paragraph (b) of that subsection.”
(5)
In subsection (5), after the definition of “public place” insert—
““relevant school” has the meaning given by section 103 of the
Education and Inspections Act 2006;”.
35
(6)
In the heading, after “truants” insert “and excluded pupils”.
(7)
In Schedule 4 to the Police Reform Act 2002 (c. 30) (exercise of police powers by
civilians)—
(a)
in paragraph 4C, for the words from “section 16(3)” to the end
substitute “section 16(3) or (3ZA) of that Act (power to remove truant
40
or excluded pupil found in specified area to designated premises or, in
case of truant, to the school from which he is absent).”, and
(b)
in the italic heading immediately before that paragraph, after “truants”
insert “and excluded pupils”.

Education and Inspections Bill
Part 7 — Discipline, behaviour and exclusion
Chapter 2 — Parental responsibilities and excluded pupils
79

School attendance
101
Failure to secure school attendance
(1)
In section 444 of EA 1996 (offence of failing to secure regular attendance at
school of registered pupil), in subsection (1A), omit “without reasonable
justification”.
5
(2)
After that subsection insert—
“(1B)
It is a defence for a person charged with an offence under subsection
(1A) to prove that he had a reasonable justification for his failure to
cause the child to attend regularly at the school.”
(3)
In subsection (2) of that section, for “(3)” substitute “(2A)”.
10
(4)
After that subsection insert—
“(2A)
The child shall not be taken to have failed to attend regularly at the
school by reason of his absence from the school at any time if the parent
proves that at that time the child was prevented from attending by
reason of sickness or any unavoidable cause.”
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(5)
In subsection (3) of that section—
(a)
at the end of paragraph (a) insert “or”, and
(b)
omit paragraph (b) and the “or” immediately following it.
(6)
In subsection (6) of that section, for “the parent shall be acquitted if he proves”
substitute “it is a defence for the parent to prove”.
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(7)
In subsection (7) of that section, for “at a time when he was not” substitute
“unless the parent proves that at that time the child was”.
(8)
After that subsection insert—
“(7A)
Where—
(a)
a child of compulsory school age has been excluded for a fixed
25
period on disciplinary grounds from a school in England which
is—
(i)
a maintained school,
(ii)
a pupil referral unit,
(iii)
an Academy,
30
(iv)
a city technology college, or
(v)
a city college for the technology of the arts,
(b)
he remains for the time being a registered pupil at the school,
(c)
the appropriate authority make arrangements for the provision
of full-time education for him at the school during the period of
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exclusion, and
(d)
notice in writing of the arrangements has been given to the
child’s parent,

the exclusion does not affect the application of subsections (1) to (7) to
the child’s attendance at the school on any day to which the
40
arrangements relate.
(7B)
In subsection (7A)(c) “the appropriate authority” means—

Education and Inspections Bill
Part 7 — Discipline, behaviour and exclusion
Chapter 2 — Parental responsibilities and excluded pupils
80

(a)
in relation to a maintained school, the governing body of the
school,
(b)
in relation to a pupil referral unit, the local education authority,
and
(c)
in relation to any school mentioned in subsection (7A)(a)(iii) to
5
(v), the proprietor of the school.”
(9)
In subsection (6) of section 444ZA of EA 1996 (application of section 444 to
alternative educational provision), for “the parent shall be acquitted if he
proves” substitute “it is a defence for the parent to prove”.
(10)
In section 16 of the Crime and Disorder Act 1998 (c. 37), in subsection (4) for the
10
words from “unless” to the end substitute “unless the child or young person is
prevented from attending by sickness or other unavoidable cause or the
absence falls within subsection (3) (leave or day set apart for religious
observance) of section 444 of the Education Act 1996”.
(11)
The amendments made by this section, and the entry in Part 1 of Schedule 18
15
relating to section 444 of EA 1996, do not apply in relation to any failure to
attend at a school, or other place in relation to which that section applies, which
occurs before the commencement of the amendment in question.
102
Sums received under section 444A of Education Act 1996
In section 444A of EA 1996 (penalty notice in respect of failure to secure regular
20
attendance at school of registered pupil) for subsection (6) substitute—
“(6)
Sums received by a local education authority under this section may be
used by the authority for the purposes of any of its functions which
may be specified in regulations but, to the extent that they are not so
used, must be paid in accordance with regulations to the Secretary of
25
State.”
Interpretation of Chapter 2
103
Meaning of “maintained school” and “relevant school” in Chapter 2
In this Chapter—
“maintained school” means—
30
(a)
a community, foundation or voluntary school,
(b)
a community or foundation special school, or
(c)
a pupil referral unit;
“relevant school” means—
(a)
a maintained school,
35
(b)
an Academy,
(c)
a city technology college, or
(d)
a city college for the technology of the arts.

Education and Inspections Bill
Part 8 — Inspections
Chapter 1 — The Office and the Chief Inspector
81

Part 8
Inspections
Chapter 1
The Office and the Chief Inspector
The Office
5
104
The Office for Standards in Education, Children’s Services and Skills
(1)
There is to be a body corporate known as the Office for Standards in Education,
Children’s Services and Skills.
(2)
In this Part that body is referred to as “the Office”.
(3)
The Office is to perform its functions on behalf of the Crown.
10
(4)
Schedule 11 makes further provision about the Office.
The Chief Inspector and other inspectors
105
Her Majesty’s Chief Inspector of Education, Children’s Services and Skills
(1)
Her Majesty may by Order in Council appoint a person to the office of Her
Majesty’s Chief Inspector of Education, Children’s Services and Skills.
15
(2)
In this Part the holder of that office is referred to as “the Chief Inspector”.
(3)
The Chief Inspector is to be a member of the Office (see paragraph 1 of
Schedule 11).
(4)
The Chief Inspector holds and vacates office in accordance with the terms of his
appointment.
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(5)
Those terms are to be determined by the Secretary of State.
(6)
But the Chief Inspector—
(a)
must not be appointed for a term of more than five years,
(b)
may at any time resign by giving written notice to the Secretary of State,
and
25
(c)
may be removed from office by Her Majesty on the grounds that he is
unable or unfit to carry out the duties of his office.
(7)
The previous appointment of a person as Chief Inspector does not affect his
eligibility for appointment.
(8)
The office of Her Majesty’s Chief Inspector of Schools in England is abolished.
30
(9)
But any person holding that office immediately before the appointed day is to
become, as from that day, Her Majesty’s Chief Inspector of Education,
Children’s Services and Skills.
(10)
As from the appointed day—

Education and Inspections Bill
Part 8 — Inspections
Chapter 1 — The Office and the Chief Inspector
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(a)
the Order in Council by which such a person was appointed has effect
as if it were an Order in Council under subsection (1) appointing him
as Chief Inspector, and
(b)
the terms of his appointment have effect as if determined under
subsection (5).
5
(11)
In this section “the appointed day” means the day appointed under section 173
for the coming into force of this section.
106
Her Majesty’s Inspectors of Education, Children’s Services and Skills
(1)
Her Majesty may by Order in Council appoint persons as Her Majesty’s
Inspectors of Education, Children’s Services and Skills.
10
(2)
In this Part a person so appointed is referred to as an “HMI”.
(3)
An HMI is to serve, in accordance with the terms of his appointment, as a
member of the staff of the Office.
(4)
Those terms are to be determined by the Chief Inspector.
(5)
A person’s appointment as HMI ends when he ceases to serve as a member of
15
the staff of the Office.
(6)
Any person who—
(a)
is one of Her Majesty’s Inspectors of Schools in England immediately
before the appointed day, and
(b)
is then serving as member of the staff of Her Majesty’s Chief Inspector
20
of Schools in England or of the Adult Learning Inspectorate,

is to become, as from that day, one of Her Majesty’s Inspectors of Education,
Children’s Services and Skills.
(7)
As from the appointed day—
(a)
the Order in Council by which such a person was appointed has effect
25
as if it were an Order in Council under subsection (1) appointing him
as an HMI, and
(b)
the terms of his appointment have effect as if determined under
subsection (4).
(8)
In this section “the appointed day” means the day appointed under section 173
30
for the coming into force of this section.
107
Further provision about Chief Inspector and other inspectors etc.
Schedule 12 makes further provision about the Chief Inspector and persons
acting on his behalf.
Functions: the Office
35
108
Functions of the Office
(1)
The Office has the following functions—
(a)
to determine strategic priorities for the Chief Inspector in connection
with the performance of his functions;

Education and Inspections Bill
Part 8 — Inspections
Chapter 1 — The Office and the Chief Inspector
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(b)
to determine strategic objectives and targets relating to such priorities;
and
(c)
to secure that the Chief Inspector’s functions are performed efficiently
and effectively.
(2)
The Office is to have such other functions in connection with the performance
5
of the Chief Inspector’s functions as may be assigned to it by the Secretary of
State.
109
Performance of Office’s functions
(1)
The Office is to perform its functions for the general purpose of encouraging—
(a)
the improvement of activities within the Chief Inspector’s remit,
10
(b)
the carrying on of such activities as user-focused activities, and
(c)
the efficient and effective use of resources in the carrying on of such
activities.
(2)
In performing its functions the Office is to have regard to—
(a)
the need to safeguard and promote the rights and welfare of children;
15
(b)
views expressed by relevant persons about activities within the Chief
Inspector’s remit;
(c)
levels of satisfaction with such activities on the part of relevant persons;
(d)
the need to promote the efficient and effective use of resources in the
carrying on of such activities;
20
(e)
the need to ensure that action by the Chief Inspector in relation to such
activities is proportionate to the risks against which it would afford
safeguards;
(f)
any developments in approaches to inspection or regulatory action;
and
25
(g)
best practice amongst persons performing functions comparable to
those of the Chief Inspector.
(3)
In performing its functions the Office must also have regard to such aspects of
government policy as the Secretary of State may direct.
(4)
In this section—
30
(a)
“children” means persons under the age of 18;
(b)
“relevant persons”, in relation to activities within the Chief Inspector’s
remit, means persons who have an interest in such activities, whether—
(i)
as persons for whose benefit they are carried on, or
(ii)
as parents (if they are carried on for the benefit of children), or
35
(iii)
as employers;
(c)
“parents” includes persons—
(i)
who are not parents of children but have parental responsibility
for them (within the meaning of the Children Act 1989 (c. 41)),
or
40
(ii)
who have care of children.
(5)
Subsection (6) provides for the interpretation, for the purposes of this Part, of
references to activities within the Chief Inspector’s remit and related
expressions.
(6)
For those purposes—
45
(a)
“activities” includes—