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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

85

 

School attendance

108     

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.”

15

(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”.

20

(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

35

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

86

 

(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.

109     

Sums received under section 444A of EA 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

110     

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

87

 

Part 8

Inspections

Chapter 1

The Office and the Chief Inspector

The Office

5

111     

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

112     

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.

20

(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

88

 

(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 186

for the coming into force of this section.

113     

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 186

30

for the coming into force of this section.

114     

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

115     

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

89

 

(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.

116     

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—

 
 

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

90

 

(i)   

the provision of any form of education, training or care,

(ii)   

the provision of any form of services or facilities, and

(iii)   

the performance of any function;

(b)   

activities are within the Chief Inspector’s remit—

(i)   

if he exercises any inspection function in relation to them, or

5

(ii)   

if they are services of the kind provided by persons in respect of

whom he is the registration authority by virtue of any

enactment; and

(c)   

references to persons for whose benefit activities are carried on are, in

relation to activities within paragraph (a)(i) or (ii), references to persons

10

for whom the education, training or care is provided, or (as the case

may be) for whom the services or facilities are provided.

Functions: the Chief Inspector

117     

Functions of the Chief Inspector

(1)   

The Chief Inspector has the general duty of keeping the Secretary of State

15

informed about—

(a)   

the quality of activities within the Chief Inspector’s remit and (where

appropriate) the standards achieved by those for whose benefit such

activities are carried on,

(b)   

improvements in the quality of such activities and in any such

20

standards,

(c)   

the extent to which such activities are being carried on as user-focused

activities, and

(d)   

the efficient and effective use of resources in the carrying on of such

activities and services.

25

(2)   

If requested to do so by the Secretary of State, the Chief Inspector must provide

the Secretary of State with information or advice on such matters relating to

activities within the Chief Inspector’s remit as are specified in the request.

(3)   

The Chief Inspector may at any time give advice to the Secretary of State on any

matter connected with any activities within his remit, including advice relating

30

to a particular establishment, institution or agency.

(4)   

The Chief Inspector is to have such other functions in connection with activities

within his remit as may be assigned to him by the Secretary of State.

(5)   

Subsection (6) applies where the Chief Inspector is requested under subsection

(2) to provide the Secretary of State with information or advice on matters

35

relating to activities within the Chief Inspector’s remit.

(6)   

Any enactment by virtue of which—

(a)   

an inspection may be conducted by the Chief Inspector in relation to the

activities in question (whether or not in pursuance of any duty), or

(b)   

any power of entry is exercisable by him in relation to those activities,

40

   

is to have effect, with any necessary modifications, so as to enable him to

conduct an inspection, or exercise any such power, for the purpose of

complying with the request.

 
 

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

91

 

(7)   

In subsection (6) any reference to a power of entry includes a reference to a

power to inspect documents or a power conferred in connection with the

inspection of documents.

(8)   

Nothing in this section prejudices the operation of any other enactment

relating to functions of the Chief Inspector.

5

118     

Performance of Chief Inspector’s functions

(1)   

The Chief Inspector is to perform his functions for the general purpose of

encouraging—

(a)   

the improvement of activities within the Chief Inspector’s remit,

(b)   

the carrying on of such activities as user-focused activities, and

10

(c)   

the efficient and effective use of resources in the carrying on of such

activities.

(2)   

The Chief Inspector must ensure—

(a)   

that his functions are performed efficiently and effectively, and

(b)   

that, so far as practicable, those functions are performed in a way that

15

responds to—

(i)   

the needs of persons for whose benefit activities within the

Chief Inspector’s remit are carried on, and

(ii)   

the views expressed by other relevant persons about such

activities.

20

(3)   

In performing his functions the Chief Inspector must have regard to—

(a)   

the matters mentioned in section 116(2); and

(b)   

such aspects of government policy as the Secretary of State may direct.

(4)   

In this section “relevant persons” has the same meaning as in section 116.

The Children’s Rights Director

25

119     

Children’s Rights Director

(1)   

One of the persons appointed to the staff of the Office under paragraph 6 of

Schedule 11 is to be appointed as Children’s Rights Director.

(2)   

The Children’s Rights Director is to have such functions in relation to the

performance by the Chief Inspector of functions within subsection (3) as may

30

be prescribed by regulations made by the Secretary of State.

(3)   

The following functions of the Chief Inspector are functions within this

subsection—

(a)   

his functions under section 87 of the Children Act 1989 (c. 41) (welfare

of children in boarding schools and colleges),

35

(b)   

his functions under Part 2 of the Care Standards Act 2000 (c. 14)

(registration and standards), and

(c)   

his functions under Chapter 4 of this Part (inspection and review of

local authorities in England) in connection with the inspection and

review of the performance by such authorities of their functions within

40

section 134(1)(d) and (e).

 
 

 
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