Education and Inspections Bill

House of Lords

Session 2005 - 06
Internet Publications
Other Bills before Parliament

Education and Inspections Bill

Education and Inspections Bill
Schedule 8 — Travel to schools etc: meaning of “eligible child”
212

(a)
in paragraph (a), after “by a local education authority” insert “in
Wales”, and
(b)
in paragraph (b), for the words from “Secretary” to “Wales)”
substitute “National Assembly for Wales”.
      (3)
In subsection (2), for the words from the beginning to “Wales)” substitute
5
“The National Assembly for Wales”.
      (4)
In subsection (5), omit “of the Secretary of State or, as the case may be,”.
      (5)
In the heading, after “LEA” insert “in Wales”
22    (1)
Section 64 (provisions supplementary to section 63) is amended as follows.
      (2)
In subsections (1) and (2), for “section 63” substitute “section 62A or 63”.
10
      (3)
In subsection (7)—
(a)
in the definition of “the advisory services” for “section 63” substitute
“section 62A or 63”, and
(b)
in the definition of “the relevant person”, in paragraph (a) for
“section 63(2)” substitute “section 62A(2) or 63(2)”.
15
      (4)
In the heading, for “section 63” substitute “sections 62A and 63”.
Education Act 2005 (c. 18)
23
In section 5 of EA 2005 (duty to inspect schools at prescribed intervals), in
subsection (4)(c), for “section 19 or 32 of that Act” substitute “section 17 or 67
of the Education and Inspections Act 2006”.
20
24
In section 18 of EA 2005 (interpretation of Chapter 2 of Part 1), in paragraph
(a) of the definition of “appropriate appointing authority”, omit “, a Church
in Wales school”.
Schedule 8
Section 76

Travel to schools etc: meaning of “eligible child”
25

After Schedule 35A to EA 1996 insert—
“Schedule 35B
Section 508B

Meaning of “eligible child” for purposes of section 508B
1
For the purposes of section 508B (travel arrangements for eligible
children) an “eligible child” means a child who falls within any of
30
paragraphs 2 to 7 or 9 to 13.
Children with special educational needs, a disability or mobility problems
2
A child falls within this paragraph if—
(a)
he is of compulsory school age and is any of the
following—
35
a child with special educational needs;
a disabled child;

Education and Inspections Bill
Schedule 8 — Travel to schools etc: meaning of “eligible child”
213

a child with mobility problems,
(b)
he is a registered pupil at a qualifying school which is
within walking distance of his home,
(c)
no suitable arrangements have been made by the local
education authority for enabling him to become a
5
registered pupil at a qualifying school nearer to his home,
and
(d)
having regard to whichever of the following are relevant—
his special educational needs;
his disability;
10
his mobility problems,

he cannot reasonably be expected to walk to the school
mentioned in paragraph (b).
3
A child falls within this paragraph if—
(a)
he is of compulsory school age and is any of the
15
following—
a child with special educational needs;
a disabled child;
a child with mobility problems,
(b)
he is receiving education at a place other than a school by
20
virtue of arrangements made in pursuance of section 19(1),
and
(c)
having regard to whichever of the following are relevant—
his special educational needs;
his disability;
25
his mobility problems,

he cannot reasonably be expected to walk to that place.
Children who cannot reasonably be expected to walk because of nature of routes
4
A child falls within this paragraph if—
(a)
he is of compulsory school age and is a registered pupil at
30
a qualifying school which is within walking distance of his
home,
(b)
no suitable arrangements have been made by the local
education authority for enabling him to become a
registered pupil at a qualifying school nearer to his home,
35
and
(c)
having regard to the nature of the routes which he could
reasonably be expected to take, he cannot reasonably be
expected to walk to the school mentioned in paragraph (a).
5
A child falls within this paragraph if—
40
(a)
he is of compulsory school age and is receiving education
at a place other than a school by virtue of arrangements
made in pursuance of section 19(1), and
(b)
having regard to the nature of the routes which he could
reasonably be expected to take, he cannot reasonably be
45
expected to walk to that place.

Education and Inspections Bill
Schedule 8 — Travel to schools etc: meaning of “eligible child”
214

Children outside walking distance where no suitable alternative arrangements made
6
A child falls within this paragraph if—
(a)
he is of compulsory school age and is a registered pupil at
a qualifying school which is not within walking distance of
his home,
5
(b)
no suitable arrangements have been made by the local
education authority for boarding accommodation for him
at or near the school, and
(c)
no suitable arrangements have been made by the local
education authority for enabling him to become a
10
registered pupil at a qualifying school nearer to his home.
7
A child falls within this paragraph if—
(a)
he is of compulsory school age and is receiving education
at a place other than a school by virtue of arrangements
made in pursuance of section 19(1),
15
(b)
that place is not within walking distance of his home,
(c)
no suitable arrangements have been made by the local
education authority for boarding accommodation for him
at or near that place, and
(d)
no suitable arrangements have been made by the local
20
education authority for enabling him to become a
registered pupil at a qualifying school nearer to his home.
8     (1)
Where—
(a)
a child of compulsory school age has been excluded from
a relevant school,
25
(b)
he remains for the time being a registered pupil at the
school, and
(c)
he is required by the appropriate authority for the school
to attend at a place outside the school premises for the
purpose of receiving any instruction or training,
30

paragraph 6 has effect as if the place at which the child is required
to attend were a qualifying school and the child were a registered
pupil at that school (and not at the school mentioned in paragraph
(b)).
      (2)
For the purposes of sub-paragraph (1)—
35
(a)
“relevant school” and “appropriate authority” have the
same meaning as in section 444ZA (application of section
444 to alternative educational provision), and
(b)
subsection (3) of that section applies in relation to that sub-
paragraph as it applies in relation to subsection (2) of that
40
section.
Children entitled to free school meals etc
9
A child falls within this paragraph if—
(a)
he has attained the age of 8 but not the age of 11,
(b)
he is a registered pupil at a qualifying school which is more
45
than two miles from his home,

Education and Inspections Bill
Schedule 8 — Travel to schools etc: meaning of “eligible child”
215

(c)
no suitable arrangements have been made by the local
education authority for enabling him to become a
registered pupil at a qualifying school nearer to his home,
and
(d)
the appropriate condition is met in relation to him.
5
10
A child falls within this paragraph if—
(a)
he has attained the age of 8 but not the age of 11,
(b)
he is receiving education at a place other than a school by
virtue of arrangements made in pursuance of section 19(1),
(c)
that place is more than two miles from his home, and
10
(d)
the appropriate condition is met in relation to him.
11
A child falls within this paragraph if—
(a)
he has attained the age of 11,
(b)
he is a registered pupil at a qualifying school which is more
than two miles, but not more than six miles, from his home,
15
(c)
there are not three or more suitable qualifying schools
which are nearer to his home, and
(d)
the appropriate condition is met in relation to him.
12
A child falls within this paragraph if—
(a)
he has attained the age of 11,
20
(b)
he is a registered pupil at a qualifying school which is more
than two miles, but not more than fifteen miles, from his
home,
(c)
his parent has expressed a wish, based on the parent’s
religion or belief, for him to be provided with education at
25
that school,
(d)
having regard to the religion or belief on which the
parent’s wish is based, there is no suitable qualifying
school which is nearer to the child’s home, and
(e)
the appropriate condition is met in relation to him.
30
13
A child falls within this paragraph if—
(a)
he has attained the age of 11,
(b)
he is receiving education at a place other than a school by
virtue of arrangements made in pursuance of section 19(1),
(c)
that place is more than two miles, but not more than six
35
miles, from his home, and
(d)
the appropriate condition is met in relation to him.
14    (1)
For the purposes of paragraphs 9 to 13, the appropriate condition
is met in relation to a child if condition A or condition B is met.
      (2)
Condition A is met if the child is within section 512ZB(4)
40
(provision of free school lunches and milk).
      (3)
Condition B is met if—
(a)
a parent of the child, with whom the child is ordinarily
resident, is a person to whom working tax credit is
awarded, and
45
(b)
the award is at the rate which is the maximum rate for the
parent’s case or, in the case of an award to him jointly with

Education and Inspections Bill
Schedule 8 — Travel to schools etc: meaning of “eligible child”
216

another, at the rate which is the maximum rate for their
case.
Meaning of “qualifying school” etc
15    (1)
The definitions in sub-paragraphs (2) to (5) apply for the purposes
of this Schedule.
5
      (2)
“Qualifying school” in relation to a child means—
(a)
a community, foundation or voluntary school,
(b)
a community or foundation special school,
(c)
a school approved under section 342 (non-maintained
special schools),
10
(d)
a pupil referral unit,
(e)
a maintained nursery school, or
(f)
a city technology college, a city college for the technology
of the arts or an Academy.
      (3)
In relation to a child with special educational needs, an
15
independent school, other than a college or Academy falling
within sub-paragraph (2)(f), is also a “qualifying school” if—
(a)
it is the only school named in the statement maintained for
the child under section 324, or
(b)
it is one of two or more schools named in that statement
20
and of those schools it is the nearer or nearest to the child’s
home.
      (4)
“Disabled child” means a child who has a disability for the
purposes of the Disability Discrimination Act 1995, and
“disability” is to be construed accordingly.
25
      (5)
“Walking distance” has the meaning given by section 444(5).
      (6)
“Religion” and “belief” are to be read in accordance with section
509AD(3).
      (7)
In the case of a child who is a registered pupil at both a pupil
referral unit and at a school other than a unit, references in this
30
Schedule to the school at which he is a registered pupil are to be
read as references to the unit.”