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Education and Inspections Bill—
Amendments to be debated in the House of Lordscontinued

House of Lords

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Before Clause 36

 

THE BARONESS BUSCOMBE

138Insert the following new Clause—
  "Governing bodies: determination of policy with respect to young carers
(1)  The governing body of a maintained school must ensure that policies designed to ensure the identification of young carers and to promote their welfare are pursued at the school.
(2)  A person is a young carer for the purposes of this section if—
(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."
 

Clause 36

 

THE BARONESS HOWARTH OF BRECKLAND

139Page 26, line 10, after "school)" insert—
"(a)  in subsection (2) after the words "high standards of educational achievement" insert "and improving the well-being of registered pupils";"
 

THE BARONESS WALMSLEY
THE BARONESS SHARP OF GUILDFORD

139APage 26, line 12, after "school" insert "or Academy, city technology college or city college for the technology of the arts"
139BPage 26, line 13, leave out "have regard to" and insert "act in accordance with"
139CPage 26, line 14, at end insert—
    "(   )  In discharging those functions, the governing body of a maintained school in England shall ensure that their views, the views of registered pupils and the views of the parents of registered pupils are considered during the development of the relevant children and young people's plan."
 

THE BARONESS HOWARTH OF BRECKLAND

140Page 26, line 38, at end insert—
     ""well-being" means their 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;
    (d)  the contribution made by them to society;
    (e)  social and economic well-being"
 

THE BARONESS WALMSLEY
THE BARONESS SHARP OF GUILDFORD

140APage 26, line 38, at end insert—
    "(   )  The governing body shall, in discharging their functions relating to the conduct of the school, co-operate to improve the well-being of children who are pupils at the school with the local children's services authority's relevant partners.
    (   )  In this section—
     "relevant partners", in relation to children and young people, has the meaning given by section 10(4) of the Children Act 2004;
     "well-being", in relation to children and young people, has the meaning given by section 10(2) of that Act;
     "co-operation", in relation to children and young people, has the meaning given by section 10(5) to (8) of that Act."
140BPage 26, line 42, leave out "have regard to" and insert "act in accordance with"
 

THE LORD SMITH OF LEIGH

141Page 27, line 4, at end insert—
"(3)  The governing body of a maintained school shall, in discharging its functions relating to the conduct of the school, have regard to the community plan approved by the local strategic partnership.
(4)  The governing body of a maintained school shall, in discharging its functions relating to the conduct of the school, co-operate with local community groups and sporting clubs to ensure that school facilities are made available where practical for community use."
 

After Clause 36

 

THE BARONESS MASSEY OF DARWEN
THE BARONESS HOWARTH OF BRECKLAND
THE BARONESS PITKEATHLEY
THE BARONESS WALMSLEY

142Insert the following new Clause—
  "Governing bodies: duties with respect to young carers
(1)  A child or young person is a "young carer" for the purposes of this section if he carries out caring tasks and assumes a level of responsibility for another person which would normally be carried out by an adult.
(2)  Governing bodies of schools maintained by local authorities, academies, city technology colleges and independent schools must—
(a)  endeavour to identify any pupil who is a young carer of one or both parents or guardians or for a sibling;
(b)  promote the educational welfare of a young carer; and
(c)  ensure that any pupil who is a young carer is supported by a designated teacher or member of staff who is responsible for promoting and co-ordinating such support.
(3)  Where the Chief Inspector carries out an inspection of a maintained school, he shall inspect the performance by it of its functions under this section."
 

THE BARONESS BUSCOMBE

143Insert the following new Clause—
  "Duties in relation to allegations against teachers
(1)  This section applies where it is alleged that a teacher or member of staff, including a volunteer, at an education establishment providing education for persons under 18 years of age has—
(a)  behaved in a way that has harmed a child, or may have harmed a child,
(b)  committed a criminal offence against or related to a child, or
(c)  behaved towards a child or children in a way that indicates that he is unsuitable to work with children.
(2)  Persons investigating and considering such allegations shall hold in confidence any information that might identify—
(a)  the person who made the allegation, and
(b)  the person who is the subject of the allegations.
(3)  The governing body of a maintained school shall ensure that policies are in place to ensure that members of staff at the school maintain the confidence of information covered by subsection (2).
(4)  This section ceases to apply where—
(a)  in the case of an alleged criminal offence, where the teacher or member of staff is charged in respect of the offence, or
(b)  in other cases, when at the completion of investigation and consideration of the allegation it has been determined that the allegation is proved."
 

Clause 37

 

THE BARONESS WALMSLEY
THE BARONESS SHARP OF GUILDFORD

143APage 27, line 7, at end insert "or Academy, city technology college or city college for the technology of the arts"
143BPage 27, line 8, after "ability" insert "or aptitude"
143CPage 27, line 9, leave out paragraph (a) and insert—
"(   )  selection is for the purpose of section 101 of SSFA 1998 (permitted selection: pupil banding), or"
 

After Clause 37

 

THE BARONESS BUSCOMBE

144Insert the following new Clause—
  "Entry to maintained schools to be subject to acceptance of rules
(1)  It may be a condition of entry to a maintained school that a declaration be signed by the parent of the child to be admitted that the parent—
(a)  acknowledges the terms of any home-school agreement currently in force in relation to the school, and
(b)  undertakes to secure that their child abides by any school rules or measures determined under section 82, in so far as it relates to the child.
(2)  In section 111(4) of SSFA 1998 (supplementary provisions about home-school agreements), at the beginning insert "Except as provided by section (Entry to maintained schools to be subject to acceptance of rules) of the Education and Inspections Act 2006,"."
 

THE LORD LUCAS

144AInsert the following new Clause—
  "General restriction on selection by religion etc.
  No admission arrangements for a community, foundation or voluntary school, city academy or city technology college may make provision for selection by religion or belief, or by participation in any community, or involvement in any activity, except that—
"(a)  any school, academy or college that selects by such criteria on the day that this Act receives Royal Assent may continue to do so in respect of admissions before 31st July 2009; and
(b)  any school having a religious character may require all, or a proportion of, pupils seeking admission, or their parents (or both) as may be appropriate, to agree in writing to the education of the pupil according to the religious character of the school."
 

Clause 38

 

THE BARONESS WALMSLEY
THE BARONESS SHARP OF GUILDFORD

145Page 27, line 39, at end insert "including the need for all admissions applications to be anonymised,"
145APage 28, line 11, at end insert ", and
(c)  leave out subsections (4) to (7) and insert—
    "(4)  If the draft is approved by resolution of each House, the Secretary of State shall issue the code in the form of the draft, and the code shall come into effect on such day as the Secretary of State may by order appoint.""
 

THE BARONESS BUSCOMBE

 The Baroness Buscombe gives notice of her intention to oppose the Question that Clause 38 stand part of the Bill.
 

After Clause 38

 

THE BARONESS BUSCOMBE

146Insert the following new Clause—
  "Parliamentary control of code for school admissions
(1)  Section 85 of SSFA 1998 (making and approval of code of practice) is amended as follows.
(2)  For subsections (4) and (5) substitute—
    "(4)  If the draft is approved by resolution of each House, the Secretary of State shall issue the code in the form of the draft, and the code shall come into effect on such day as the Secretary of State may by order appoint.
    (5)  If no such resolution is made within the 40-day period, the Secretary of State shall take no further steps in relation to the proposed code."
(3)  In subsection (6) leave out "(4)" and insert "(5)"."
 

THE LORD BAKER OF DORKING

146A*Insert the following new Clause—
  "Admissions arrangements for new schools
  After section 72(2) of SSFA 1998 (further provisions relating to new schools) there is inserted—
"(2A)  No proposal may be made for a new school which has a religious character to make arrangements in respect of the admission of pupils unless the condition in subsection (2B) is satisfied.
(2B)  The condition is that at least 30 per cent of pupils admitted to the school are not practising the religion of the school.""
 

Clause 39

 

THE LORD SMITH OF LEIGH

147Page 28, line 28, leave out from beginning to "prepare" in line 29 and insert "A local education authority in England, in consultation with the admission forum for that local education authority area, must"
 

THE BARONESS WALMSLEY
THE BARONESS SHARP OF GUILDFORD
THE LORD RIX

148Page 28, line 29, leave out "may" and insert "shall"
 

THE BARONESS WALMSLEY
THE BARONESS SHARP OF GUILDFORD

148APage 28, line 30, after "schools" insert ", Academies, city technology colleges or city colleges for the technology of the arts"
148BPage 28, line 31, at end insert "and these shall include a report on the numbers of disabled pupils and those with special educational needs admitted to each school in the area"
 

THE LORD SMITH OF LEIGH

149Page 28, line 33, leave out "an admission forum" and insert "a local education authority"
150Page 28, line 34, leave out "forum" and insert "authority"
151Page 28, line 35, leave out "forum" and insert "authority"
152Page 28, leave out line 36
153Page 28, line 37, after "any" insert "other"
154Page 28, line 38, leave out "mentioned in paragraph (a)"
 

THE BARONESS WALMSLEY
THE BARONESS SHARP OF GUILDFORD

154APage 28, line 39, after "school" insert ", Academy, city technology college or city college for the technology of the arts"
154BPage 28, line 40, at end insert—
    "(d)  the governing body of any foundation or voluntary aided school which controls its own admissions;
    (e)  the governing body of any Academy, city technology college or city college for the technology of the arts which falls within the area covered by the admission forum"
 

THE LORD SMITH OF LEIGH

155Page 28, line 41, leave out "to (c)" and insert "and (b)"
156Page 28, line 42, leave out "an admission forum" and insert "a local education authority"
 

THE LORD DEARING
THE BARONESS SHARP OF GUILDFORD
THE BARONESS WALMSLEY

157Page 28, line 43, at end insert—
    "(1D)  In discharging its role a schools admissions forum shall have particular regard to the actual and potential contribution of schools in areas of economic and social disadvantage to the well being of the communities in those areas.""
 

THE BARONESS WALMSLEY
THE BARONESS SHARP OF GUILDFORD

157APage 29, line 14, at end insert—
    "(5C)  An admission forum shall, in the exercise of its functions, have regard to any admissions policy of the local education authority responsible for maintaining schools in the area for which the forum is established.""
 

THE LORD ADONIS

158Page 29, line 19, after "bodies" insert "or persons"
159Page 29, line 33, after "body" insert "or person"

 
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©Parliamentary copyright 2006
17 July 2006