|
| |
|
| |
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 |
| |
| 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— |
| |
| |
(a) | a child of compulsory school age has been excluded for a fixed |
| 25 |
period on disciplinary grounds from a school in England which |
| |
| |
| |
(ii) | a pupil referral unit, |
| |
| 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 |
| |
(d) | notice in writing of the arrangements has been given to the |
| |
| |
| 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 |
| |
(7B) | In subsection (7A)(c) “the appropriate authority” means— |
| |
|
| |
|
| |
|
(a) | in relation to a maintained school, the governing body of the |
| |
| |
(b) | in relation to a pupil referral unit, the local education authority, |
| |
| |
(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 |
| |
Interpretation of Chapter 2 |
| |
110 | Meaning of “maintained school” and “relevant school” in Chapter 2 |
| |
| |
“maintained school” means— |
| 30 |
(a) | a community, foundation or voluntary school, |
| |
(b) | a community or foundation special school, or |
| |
(c) | a pupil referral unit; |
| |
| |
| 35 |
| |
(c) | a city technology college, or |
| |
(d) | a city college for the technology of the arts. |
| |
|
| |
|
| |
|
| |
| |
| |
The Office and the Chief Inspector |
| |
| 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 |
| |
| |
(4) | The Chief Inspector holds and vacates office in accordance with the terms of his |
| |
| 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, |
| |
| 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— |
| |
|
| |
|
| |
|
(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 |
| |
| |
(b) | the terms of his appointment have effect as if determined under |
| |
| 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 |
| |
| |
(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 |
| |
| |
(b) | the terms of his appointment have effect as if determined under |
| |
| |
(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 |
| |
| |
| 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; |
| |
|
| |
|
| |
|
(b) | to determine strategic objectives and targets relating to such priorities; |
| |
| |
(c) | to secure that the Chief Inspector’s functions are performed efficiently |
| |
| |
(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 |
| |
| |
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 |
| |
| |
(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 |
| |
| |
(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 |
| |
| |
(f) | any developments in approaches to inspection or regulatory action; |
| |
| 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. |
| |
| 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 |
| |
(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)), |
| |
| 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 |
| |
| |
| 45 |
(a) | “activities” includes— |
| |
|
| |
|
| |
|
(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 |
| |
| |
(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 |
| |
(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 |
| |
(c) | the extent to which such activities are being carried on as user-focused |
| |
| |
(d) | the efficient and effective use of resources in the carrying on of such |
| |
| 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. |
| |
|
| |
|
| |
|
(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 |
| |
| |
(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 |
| |
| |
(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 |
| |
| |
(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 |
| |
(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 |
| |
| 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 |
| |
| |
(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). |
| |
|
| |
|