Education and Inspections Bill

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Session 2005 - 06
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Education and Inspections Bill

Education and Inspections Bill
Schedule 7 — Amendments relating to schools causing concern
Part 1 — Principal amendments
205

Schedule 7
Section 70

Amendments relating to schools causing concern
Part 1
Principal amendments
Statement to be prepared by LEA following adverse report on maintained school
5
1     (1)
Section 15 of EA 2005 (measures to be taken by local education authority
following inspection report stating that school requires special measures or
significant improvement) is amended as follows.
      (2)
In subsection (1), for “This section” substitute “Subsection (2)”.
      (3)
For subsection (2) substitute—
10
“(2)
The local education authority must—
(a)
consider what action to take in the light of the report,
(b)
consider what arrangements to make for the purpose of
informing registered parents of the proposed action,
ascertaining their views on the proposed action and taking
15
account of those views,
(c)
consider whether those arrangements are to include the
appointment of a specified person for that purpose,
(d)
prepare a written statement—
(i)
of the action they propose to take, and the period
20
within which they propose to take that action, or, if
they do not propose to take such action, of their
reasons for not doing so, and
(ii)
of the arrangements they propose to make for the
purpose mentioned in paragraph (b), and
25
(e)
send a copy of the statement prepared under paragraph (d)
to—
(i)
the Chief Inspector,
(ii)
in the case of a voluntary aided school, the person
who appoints the foundation governors and (if
30
different) the appropriate appointing authority, and
(iii)
such other persons as the Secretary of State may
specify.
(2A)
Subsection (2B) applies where—
(a)
the local education authority have prepared a statement
35
under subsection (2) in relation to a school,
(b)
it appears to the Secretary of State, on the basis of a report of
an interim inspection of the school by the Chief Inspector,
that the case has become urgent, and
(c)
no subsequent inspection of the school has been made under
40
section 5.
(2B)
The Secretary of State may by notice require the local education
authority to—

Education and Inspections Bill
Schedule 7 — Amendments relating to schools causing concern
Part 1 — Principal amendments
206

(a)
consider the action to be taken in the light of the report of the
interim inspection and the arrangements to be made for the
purpose mentioned in subsection (2)(b),
(b)
prepare a written statement—
(i)
of the action they propose to take, and the period
5
within which they propose to take that action, or, if
they do not propose to take such action, of their
reasons for not doing so, and
(ii)
of the arrangements they propose to make for the
purpose mentioned in subsection (2)(b), and
10
(c)
send a copy of the statement to the Secretary of State and to
the persons mentioned in subsection (2)(e)(i) to (iii).
(2C)
For the purposes of subsections (2A) and (2B) an “interim inspection”
is an inspection under section 8 in respect of which no election under
section 9 is made.”
15
      (4)
In subsection (3) for “the statement” substitute “a statement under
subsection (2) or (2B)”.
      (5)
After subsection (3) insert—
“(4)
In performing their functions under subsections (2)(a), (b), (c) and (d)
and (2B)(a) and (b), the local education authority must have regard
20
to any guidance given from time to time by the Secretary of State.”
Statement to be prepared by proprietor following adverse report on non-maintained school
2     (1)
Section 17 of EA 2005 (statement to be prepared by proprietor of school other
than maintained school) is amended as follows.
      (2)
In subsection (1)—
25
(a)
at the beginning insert “Subsection (1A) applies”, and
(b)
omit all the words following paragraph (b).
      (3)
After subsection (1) insert—
“(1A)
The proprietor must—
(a)
consider what action to take in the light of the report,
30
(b)
consider what arrangements to make for the purpose of
informing registered parents of the proposed action,
ascertaining their views on the proposed action and taking
account of those views,
(c)
consider whether those arrangements are to include the
35
appointment of a specified person for that purpose, and
(d)
prepare a written statement—
(i)
of the action the proprietor proposes to take, and the
period within which he proposes to take that action,
or, if he does not propose to take such action, of his
40
reasons for not doing so, and
(ii)
of the arrangements he proposes to make for the
purpose mentioned in paragraph (b).
(1B)
Subsection (1C) applies where—
(a)
the proprietor of a school has prepared a statement under
45
subsection (1A) in relation to the school,

Education and Inspections Bill
Schedule 7 — Amendments relating to schools causing concern
Part 2 — Minor and consequential amendments
207

(b)
it appears to the Secretary of State, on the basis of a report of
an interim inspection of the school by the Chief Inspector,
that the case has become urgent, and
(c)
no subsequent inspection of the school has been made under
section 5.
5
(1C)
The Secretary of State may by notice require the proprietor to—
(a)
consider the action to be taken in the light of the report of the
interim inspection and the arrangements to be made for the
purpose mentioned in subsection (1A)(b),
(b)
prepare a written statement—
10
(i)
of the action the proprietor proposes to take, and the
period within which he proposes to take that action,
or, if he does not propose to take such action, of his
reasons for not doing so, and
(ii)
of the arrangements the proprietor proposes to make
15
for the purpose mentioned in subsection (1A)(b)”.
(1D)
For the purposes of subsections (1B) and (1C) an “interim inspection”
is an inspection under section 8 in respect of which no election under
section 9 is made.”
      (4)
In subsection (3)—
20
(a)
for “such a statement” substitute “a statement under subsection (1A)
or (1C)”, and
(b)
before the word “and” at the end of paragraph (a) insert—
“(aa)
in the case of a statement under subsection (1C), to the
Secretary of State,”.
25
      (5)
After subsection (3) insert—
“(4)
In performing his functions under subsections (1A)(a), (b), (c) and (d)
and (1C)(a) and (b), the proprietor must have regard to any guidance
given from time to time by the Secretary of State.”
Part 2
30
Minor and consequential amendments
School Standards and Framework Act 1998 (c. 31)
3
In the heading to Chapter 4 of Part 1 of SSFA 1998 after “SCHOOLS” insert
“IN WALES”.
4     (1)
Section 14 of SSFA 1998 (powers of intervention exercisable by LEAs) is
35
amended as follows.
      (2)
In subsection (1) for “Secretary of State” substitute “Assembly”.
      (3)
Omit subsection (1A).
      (4)
In subsection (3)—
(a)
in paragraph (a), for “Secretary of State” and “he” substitute
40
respectively “Assembly” and “its”, and
(b)
in paragraph (b), for “he” and “his” substitute respectively “the
Assembly” and “its”.

Education and Inspections Bill
Schedule 7 — Amendments relating to schools causing concern
Part 2 — Minor and consequential amendments
208

      (5)
After subsection (3) insert—
“(3A)
In this Chapter “maintained school” means any school in Wales that
is—
(a)
a community, foundation or voluntary school,
(b)
a community or foundation special school, or
5
(c)
a maintained nursery school.”
      (6)
In subsection (4)—
(a)
for paragraph (a) substitute—
“(a)
“Chief Inspector” means Her Majesty’s Chief
Inspector of Education and Training in Wales,”, and
10
(b)
omit paragraph (b).
5     (1)
Section 15 of SSFA 1998 (cases where LEA may exercise powers of
intervention) is amended as follows.
      (2)
For subsection (4) substitute—
“(4)
This section applies to a maintained school by virtue of this
15
subsection if—
(a)
following an inspection of the school under Chapter 3 of Part
1 of the Education Act 2005, the Chief Inspector has given the
Assembly a notice under subsection (2) of section 37 of that
Act in a case falling within subsection (1)(a)(ii) or (b)(ii) of
20
that section (school requiring significant improvement), and
(b)
where any subsequent inspection of the school has been
made under that Chapter, the notice has not been superseded
by—
(i)
the person making the subsequent inspection making
25
a report stating that in his opinion the school no
longer requires significant improvement, or
(ii)
the Chief Inspector giving the Assembly a notice
under subsection (2) of section 37 of that Act in case
falling within subsection (1)(a)(i) or (1)(b)(i) of that
30
section (school requiring special measures).”
      (3)
For subsection (6) substitute—
“(6)
This section applies to a maintained school by virtue of this
subsection if—
(a)
following an inspection of the school under Chapter 3 of Part
35
1 of the Education Act 2005, the Chief Inspector has given the
Assembly a notice under subsection (2) of section 37 of that
Act in a case falling within subsection (1)(a)(i) or (b)(i) of that
section (school requiring special measures), and
(b)
where any subsequent inspection of the school has been
40
made under that Chapter, the notice has not been superseded
by the person making the subsequent inspection making a
report stating that in his opinion the school no longer
requires special measures.”
      (4)
Omit subsection (7).
45
6     (1)
Section 16 of SSFA 1998 (power of LEA to appoint additional governors) is
amended as follows.

Education and Inspections Bill
Schedule 7 — Amendments relating to schools causing concern
Part 2 — Minor and consequential amendments
209

      (2)
In subsection (3)(a), omit “13(3)(a) or”.
      (3)
In subsection (9)—
(a)
for “Secretary of State” (in both places) substitute “Assembly”, and
(b)
in paragraph (a)—
(i)
for “he” substitute “it”, and
5
(ii)
omit “13(3)(a) or”.
      (4)
In subsection (12)(b) for “Secretary of State” substitute “Assembly”.
      (5)
In subsection (12A)—
(a)
for “Secretary of State” substitute “Assembly”, and
(b)
for “he” substitute “the Assembly”.
10
7     (1)
Section 16A of SSFA 1998 (power of LEA to provide for governing body to
consist of interim executive members) is amended as follows.
      (2)
In subsection (1), for “Secretary of State” substitute “Assembly”.
      (3)
In subsection (2)(a), omit “13(3)(a) or”.
      (4)
In subsection (3)—
15
(a)
for “Secretary of State” substitute “Assembly”, and
(b)
for “he” substitute “the Assembly”.
8     (1)
Section 17 of SSFA 1998 (power of LEA to suspend right to delegated
budget) is amended as follows.
      (2)
In subsection (3), omit “13(3)(a) or”.
20
      (3)
In subsection (4)—
(a)
for “Secretary of State” substitute “Assembly”, and
(b)
for “he” substitute “the Assembly”.
9
In the italic heading immediately preceding section 18 of SSFA 1998, for
“Secretary of State” substitute “Assembly”.
25
10    (1)
Section 18 of SSFA 1998 (power of Secretary of State to appoint additional
governors) is amended as follows.
      (2)
For “the Secretary of State” and “he”, wherever occurring, substitute “the
Assembly”.
      (3)
In subsection (6), for “his” substitute “the Assembly’s”.
30
      (4)
In the heading, for “Secretary of State” substitute “Assembly”.
11
In section 18A of SSFA 1998 (power of Secretary of State to provide for
governing body to consist of interim executive members) for “Secretary of
State”, wherever occurring (in the section and its heading), substitute
“Assembly”.
35
12    (1)
Section 19 of SSFA 1998 (power of Secretary of State to direct closure of
school) is amended as follows.
      (2)
For “Secretary of State”, wherever occurring (in the section and its heading)
substitute “Assembly”.
      (3)
In subsection (2), omit paragraph (ca).
40

Education and Inspections Bill
Schedule 7 — Amendments relating to schools causing concern
Part 2 — Minor and consequential amendments
210

13
In section 19A of SSFA 1998 (governing bodies consisting of interim
executive members), in paragraph (b), for “Secretary of State” substitute
“Assembly”.
14    (1)
Section 62 of SSFA 1998 (LEA’s reserve power to prevent a breakdown of
discipline) is amended as follows.
5
      (2)
In subsection (1), for “subsection (3)” substitute “subsection (2A) or (3)”.
      (3)
After subsection (2) insert—
“(2A)
This subsection applies where, in the case of a school in England—
(a)
a warning notice has been given in accordance with section
59(2) of the Education and Inspections Act 2006 (“the 2006
10
Act”) referring to the safety of pupils or staff at the school
being threatened by a breakdown of discipline at the school,
(b)
the governing body have failed to comply, or secure
compliance, with the notice to the authority’s satisfaction
within the compliance period, and
15
(c)
the authority have given reasonable notice in writing to the
governing body that they propose to exercise their powers
under subsection (1) of this section (whether or not in
conjunction with exercising their powers under any one or
more of sections 62 to 65 of the 2006 Act);
20

and a notice under paragraph (c) of this subsection may be combined
with a notice under section 59(1)(c) of the 2006 Act.”
      (4)
In subsection (3) after “applies where” insert “in the case of school in Wales”.
15
In section 142 of SSFA 1998 (interpretation), in subsection (4)—
(a)
after “this Act” insert “(or Part 4 of the Education and Inspections Act
25
2006)”, and
(b)
in paragraph (b), after “section 16(6) or (8)” insert “or of section 63(4)
or (6) of the Education and Inspections Act 2006”.
16
In section 143 of SSFA 1998 (index) in the entry beginning “maintained
school”, after the line beginning “(generally)” insert—
30

“(in Chapter 4 of Part 1)
section 14(3A)”.

17
In Schedule 1A to SSFA 1998, for “Secretary of State” (wherever occurring)
substitute “Assembly”.
Learning and Skills Act 2000 (c. 21)
18    (1)
Schedule 7 to the Learning and Skills Act 2000 (sixth forms requiring
35
significant improvement) is amended as follows.
      (2)
In paragraph 6(3)(a)(iii) for “section 15(2) and (3)” substitute “section 15(2)
to (4)”.
      (3)
Omit paragraph 13.

Education and Inspections Bill
Schedule 7 — Amendments relating to schools causing concern
Part 2 — Minor and consequential amendments
211

Education Act 2002 (c. 32)
19
In section 25 of EA 2002 (federations: supplementary provisions), in
subsection (1)—
(a)
before paragraph (a) insert—
“(za)
Part 4 of the Education and Inspections Act 2006
5
(schools causing concern: England),”, and
(b)
in paragraph (a), for “(intervention in schools causing concern)”
substitute “(intervention in schools causing concern: Wales)”.
20
After section 62 of EA 2002 insert—
“62A
Power to require LEA in England to obtain advisory services
10
(1)
This section applies where—
(a)
one or more schools maintained by a local education
authority in England are for the purposes of Part 4 of the
Education and Inspections Act 2006 (schools causing
concern: England) eligible for intervention by virtue of either
15
of the following provisions of that Act—
(i)
section 60 (school requiring significant
improvement), or
(ii)
section 61 (school requiring special measures), and
(b)
it appears to the Secretary of State that the local education
20
authority—
(i)
have not been effective or are unlikely to be effective
in eliminating deficiencies in the conduct of that
school or those schools,
(ii)
are unlikely to be effective in eliminating deficiencies
25
in the conduct of other schools which may in the
future fall within paragraph (a), or
(iii)
maintain a disproportionate number of schools
falling within that paragraph.
(2)
The Secretary of State may direct the local education authority to
30
enter into a contract or other arrangement with a person specified in
the direction, or a person falling within a class so specified, for the
provision to the authority or the governing body of any school
maintained by them (or both) of specified services of an advisory
nature.
35
(3)
The direction may require the contract or other arrangement to
contain specified terms and conditions.
(4)
In this section “school” means a community, foundation or voluntary
school, a community or foundation special school or a maintained
nursery school.
40
(5)
Any direction given under this section shall be enforceable, on an
application made on behalf of the Secretary of State, by a mandatory
order.”
21    (1)
Section 63 of EA 2002 (power to require LEA to obtain advisory services) is
amended as follows.
45
      (2)
In subsection (1)—