House of Lords portcullis
House of Lords
Session 2005 - 06
Internet Publications
Other Bills before Parliament

Education and Inspections Bill


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

34

 

arrangements) after subsection (1) insert—

“(1ZA)   

This section has effect subject to sections 89D and 90A (restrictions on

alteration of admission arrangements in England).”

(2)   

After section 89C of SSFA 1998 insert—

“89D    

Power to restrict alteration of admission arrangements following

5

establishment or expansion

(1)   

Subsection (2) applies in relation to a maintained school in England

where—

(a)   

proposals for the establishment of, or the making of a

prescribed alteration to, the school have been published under

10

Part 2 of the Education and Inspections Act 2006 or under

section 113A of, or Schedule 7 to, the Learning and Skills Act

2000,

(b)   

in the case of proposals for the making of a prescribed alteration

to the school, the proposals are for an increase in the number of

15

pupils that may be admitted to the school or for an enlargement

of the premises,

(c)   

the proposals fall to be implemented (with or without

modifications), and

(d)   

prescribed conditions are satisfied.

20

(2)   

Regulations may provide that, where this subsection applies in relation

to a maintained school—

(a)   

the admission arrangements for the initial period (as defined by

subsection (7)) and each of a prescribed number of school years

following that period are to be the arrangements which fall to be

25

implemented in accordance with the proposals (or in

accordance with the proposals as modified), and

(b)   

those arrangements may not be varied by the admission

authority for the school except—

(i)   

to comply with any duty imposed on them by

30

regulations under section 89(1A), or

(ii)   

in accordance with regulations under subsection (5).

(3)   

Regulations under subsection (2) may exclude or modify any provision

of section 89 (other than section 89(1A)) in its application to cases to

which the regulations apply.

35

(4)   

Regulations under subsection (2) may provide that in cases to which

the regulations apply the admission arrangements which fall to be

implemented in accordance with the proposals (or in accordance with

the proposals as modified) are to be treated for the purposes of section

86(5) to (5B) as having been determined by the admission authority

40

under section 89.

(5)   

Regulations may prescribe circumstances in which an admission

authority may refer to the adjudicator proposals to vary admission

arrangements in cases to which regulations under subsection (2) apply.

(6)   

Regulations may make provision as to the determination by the

45

adjudicator of any reference made by virtue of subsection (5).

(7)   

In this section—

 
 

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

35

 

“initial period” means—

(a)   

in relation to a maintained school which is being

established, the period beginning with the day on which

the school opens and ending with the beginning of the

first school term to begin after the following July;

5

(b)   

in relation to a maintained school which is increasing

the number of pupils that may be admitted to the school

or enlarging its premises, the period beginning with the

first day on which additional pupils may be admitted or

(as the case may be) the enlarged premises are in use and

10

ending with the beginning of the first school term to

begin after the following July;

“prescribed alteration” means an alteration prescribed for the

purposes of section 18 of the Education and Inspections Act

2006.”

15

(3)   

After section 90 of SSFA 1998 insert—

“90A    

Restriction on alteration of admission arrangements following

adjudicator’s decision

(1)   

Where in accordance with section 90(8) the admission authority for a

maintained school in England have revised any provisions of

20

admission arrangements for a school year, this section applies except to

the extent that the adjudicator or the Secretary of State determined

under section 90(5B)(c), in relation to any change required, that this

section was not to apply.

(2)   

In this section—

25

“the protected provisions” in relation to any admission

arrangements, means provisions corresponding to those

revised in accordance with section 90(8) or regulations under

subsection (6) (as so revised);

“the required number” means such number as may be prescribed

30

or such lesser number as is specified by the adjudicator or the

Secretary of State under section 90(5B)(c) in relation to a

particular change.

(3)   

The admission authority for the school—

(a)   

must incorporate the protected provisions in determining the

35

admission arrangements for each of the required number of

school years following the school year in relation to which the

revision in accordance with section 90(8) was made, and

(b)   

may not vary those arrangements in such a way as to alter the

protected provisions.

40

(4)   

Subsection (3) does not apply to the extent that—

(a)   

the admission authority are required to determine or vary their

admission arrangements in a way which alters the protected

provisions in order to comply with any duty imposed on them

by regulations under section 89(1A), or

45

(b)   

the arrangements may be determined or varied in a way which

alters those provisions in accordance with regulations under

subsection (6).

 
 

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

36

 

(5)   

Regulations may exclude or modify any provision of section 89 (other

than section 89(1A)) in its application to cases to which this section

applies.

(6)   

Regulations may prescribe circumstances in which an admission

authority to whom subsection (3) applies may refer to the adjudicator

5

proposals to determine or vary their admission arrangements in a way

which alters the protected provisions.

(7)   

Regulations may make provision as to the determination by the

adjudicator of any reference made by virtue of subsection (6).”

47      

Objections to admission arrangements

10

(1)   

Section 90 of SSFA 1998 (reference of objections to adjudicator or Secretary of

State) is amended as follows.

(2)   

After subsection (5) insert—

“(5A)   

Where the adjudicator or the Secretary of State is required by virtue of

subsection (3)(a) or (b) or (5)(c) to decide whether to uphold an

15

objection to admission arrangements, he may consider whether it

would be appropriate for changes to be made to any aspect of the

admission arrangements, whether or not he would be required to do so

for the purpose of determining the objection.

(5B)   

In the case of any objection referred to him under this section, the

20

adjudicator or the Secretary of State (as the case may be) must publish

a report containing the following—

(a)   

his decision on the objection,

(b)   

any decision he has made on whether it would be appropriate

for changes to be made to the admission arrangements, whether

25

in the light of his decision on the objection or otherwise,

(c)   

if, in relation to a maintained school in England, he considers

that any change required ought not to be protected under

section 90A for the number of school years prescribed under

section 90A(2), that section 90A is not to apply to that change or

30

that the change will be protected only for such lesser number of

school years as he may specify, and

(d)   

his reasons for the decisions mentioned in paragraphs (a) to (c).

(5C)   

Where the adjudicator or the Secretary of State (as the case may be)

decides that it would be appropriate for changes to be made to the

35

admission arrangements, his decision may specify the modifications

that are to be made to the arrangements.”

(3)   

Subsections (6) and (7) are omitted.

(4)   

For subsection (8) substitute—

“(8)   

The decisions of the adjudicator or the Secretary of State mentioned in

40

subsection (5B)(a) and (b) shall, in relation to the admission

arrangements in question, be binding on the admission authority and

on all persons by whom an objection may be made under subsection (1)

or (2); and, if the adjudicator or the Secretary of State has decided that

it would be appropriate for changes to be made to the admission

45

 
 

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

37

 

arrangements, those arrangements shall forthwith be revised by the

admission authority in such a way as to give effect to the decision.”

(5)   

In subsection (9)—

(a)   

after paragraph (b) insert—

“(ba)   

requiring an admission authority for a maintained

5

school in England to provide information which—

(i)   

falls within a prescribed description, and

(ii)   

is requested by the adjudicator or the Secretary

of State for the purposes of his functions under

this section;”, and

10

(b)   

in paragraph (c) for “any matters required to be published under

subsection (7) are” substitute “a report required to be published under

subsection (5B) is”.

(6)   

Omit subsection (10) (which has the effect of requiring certain cases to be

referred by the adjudicator to the Secretary of State).

15

48      

Looked after children to whom section 87(2) of SSFA 1998 applies

(1)   

In section 95 of SSFA 1998 (appeals relating to children to whom section 87(2)

applies) after subsection (2) insert—

“(2A)   

Subsection (2) does not apply in relation to a decision made by or on

behalf of a local education authority in England to admit to a school a

20

child who is looked after by a local authority in England (provision for

references to the adjudicator in relation to such a decision being made

by section 95A).”

(2)   

After that section insert—

“95A    

References relating to looked after children to whom section 87(2)

25

applies

(1)   

This section applies where—

(a)   

a local education authority in England are the admission

authority for a community or voluntary controlled school, and

(b)   

a decision is made by or on behalf of the authority to admit to

30

the school a child who, at the time when the decision is made, is

looked after by a local authority in England and to whom (at

that time) section 87(2) applies.

(2)   

The local education authority must give notice of the decision to the

governing body of the school.

35

(3)   

The governing body of the school may, within the period of seven days

beginning with the day on which they are notified of the decision, refer

the matter to the adjudicator.

(4)   

A reference under subsection (3) may only be made on the ground that

the admission of the child to the school would seriously prejudice the

40

provision of efficient education or the efficient use of resources.

(5)   

If the adjudicator determines that the admission of the child to the

school would have the effect mentioned in subsection (4)—

(a)   

the decision to admit the child to the school shall cease to have

effect, but

45

 
 

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

38

 

(b)   

the adjudicator may determine that another maintained school

in England is to be required to admit the child.

(6)   

A determination under subsection (5)(b) may only be made with the

agreement of the local authority who look after the child.

(7)   

A determination under subsection (5)(b) may not be made if—

5

(a)   

the child is permanently excluded from the other school, or

(b)   

the admission of the child to the other school would seriously

prejudice the provision of efficient education or the efficient use

of resources.

(8)   

If the adjudicator determines under subsection (5)(b) that another

10

school is to be required to admit the child—

(a)   

the admission authority for the school shall admit the child to

the school, and

(b)   

if the admission authority are not the governing body of the

school, the admission authority shall give notice in writing to

15

the governing body and head teacher of the school of the

adjudicator’s decision.

(9)   

Regulations may make provision—

(a)   

requiring the adjudicator to consult prescribed persons or

persons of a prescribed description before making any

20

determination in connection with a reference under this section;

(b)   

requiring an admission authority for a maintained school to

provide information which—

(i)   

falls within a prescribed description, and

(ii)   

is requested by the adjudicator for the purposes of any

25

such determination.”

49      

Procedure for giving directions under section 96 of SSFA 1998

In section 97 of SSFA 1998 (procedure for giving directions under section 96)—

(a)   

in subsection (2)(b)—

(i)   

for “the Secretary of State” (in both places where it occurs)

30

substitute “the appropriate authority”, and

(ii)   

for “his determination” substitute “its determination”,

(b)   

in subsection (3), for “the Secretary of State” substitute “the appropriate

authority”,

(c)   

in subsection (4)—

35

(i)   

for “the Secretary of State” substitute “the appropriate

authority”,

(ii)   

for “if he does so” substitute “if it does so”, and

(iii)   

in paragraph (a)(ii) for “the Secretary of State’s” substitute “the

appropriate authority’s”,

40

(d)   

in subsection (5) for “The Secretary of State” substitute “The

appropriate authority”, and

(e)   

after subsection (6) insert—

“(6A)   

In this section, “the appropriate authority” means—

(a)   

in relation to a local education authority in England, the

45

adjudicator, and

 
 

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

39

 

(b)   

in relation to a local education authority in Wales, the

Assembly.”

50      

Direction to admit looked after child to specified school

(1)   

After section 97 of SSFA 1998 insert—

“97A    

Direction to admit looked after child to specified school

5

(1)   

A local authority in England may, in relation to a child looked after by

them, give a direction under this section to the admission authority for

any school in England other than a school for which the local authority

are the admission authority.

(2)   

A direction under this section shall not specify a school from which the

10

child is permanently excluded.

(3)   

Where a school is specified in a direction under this section, the

admission authority shall admit the child to the school.

(4)   

Subsection (3) does not affect any power to exclude from a school a

pupil who is already a registered pupil there.

15

97B     

Procedure for giving direction under section 97A

(1)   

Before deciding to give a direction under section 97A, the local

authority shall consult the admission authority for the school they

propose to specify in the direction.

(2)   

The admission authority for the school shall, within the period of seven

20

days beginning with the day on which they are consulted as mentioned

in subsection (1), inform the local authority whether they are willing to

admit the child to the school without being directed to do so by the

authority.

(3)   

Where the local authority decide to give a direction under section 97A

25

specifying a school—

(a)   

they shall, before doing so, serve a notice in writing of their

decision on—

(i)   

the admission authority for the school,

(ii)   

if the school is a community or voluntary controlled

30

school and the governing body of the school are not the

admission authority, the governing body of the school,

(iii)   

if the school is maintained by a local education authority

who are not the authority proposing to give the

direction and are not the admission authority, the local

35

education authority who maintain the school, and

(iv)   

the head teacher of the school, and

(b)   

they shall not give the direction until the period for referring the

matter to the adjudicator under subsection (4) has expired and,

if it is so referred, until the adjudicator has made such

40

determinations under this section as it appears to him to be

appropriate to make in connection with the reference.

(4)   

The following persons—

(a)   

the admission authority on whom a notice is served under

subsection (3)(a)(i), and

45

 
 

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

40

 

(b)   

in the case of a notice relating to a child to whom (at the time of

service of the notice) section 87(2) applies, the governing body

of a community or voluntary controlled school on whom the

notice is served under subsection (3)(a)(ii),

   

may, within the period of seven days beginning with the day on which

5

the notice was served, refer the matter to the adjudicator and, if they do

so, shall inform the local authority.

(5)   

A reference under subsection (4) may only be made on the ground that

the admission of the child to the school would seriously prejudice the

provision of efficient education or the efficient use of resources.

10

(6)   

If the adjudicator determines that the admission of the child to the

school would have the effect mentioned in subsection (5)—

(a)   

the local authority may not give a direction under section 97A

that the school admit the child, but

(b)   

the adjudicator may determine that another school in England

15

is to be required to admit the child.

(7)   

A determination under subsection (6)(b) may only be made with the

agreement of the local authority who look after the child.

(8)   

A determination under subsection (6)(b) may not be made if—

(a)   

the child is permanently excluded from the other school, or

20

(b)   

the admission of the child to the other school would seriously

prejudice the provision of efficient education or the efficient use

of resources.

(9)   

If the adjudicator determines under subsection (6)(b) that another

school is to be required to admit the child, then—

25

(a)   

if the local authority referred to in subsection (1) are the

admission authority for that school they shall—

(i)   

admit the child to the school, and

(ii)   

give notice in writing to the governing body and head

teacher of the school of the adjudicator’s decision, and

30

(b)   

in any other case, the local authority shall specify that school in

their direction under section 97A.

(10)   

A direction under section 97A shall be given by notice in writing and a

copy of the notice shall be given by the local authority to the head

teacher of the school.”

35

(2)   

In section 84 of SSFA 1998, after subsection (6) (which defines terms used in

Chapter 1 of Part 3 of that Act) insert—

“(7)   

In this Chapter, references to a child who is looked after by a local

authority are to be read in accordance with section 22(1) of the Children

Act 1989.”

40

(3)   

In section 89 of SSFA 1998, in subsection (1A) omit the words “(within the

meaning of section 22 of the Children Act 1989)”.

(4)   

In section 143 of SSFA 1998 (index) after the entry relating to “child (in Chapter

1 of Part 3 but not in sections 96 and 97)” insert—

 
 

 
previous section contents continue
 
House of Lords home page Houses of Parliament home page House of Commons home page search page enquiries

© Parliamentary copyright 2006
Revised 25 October 2006