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Children’s Wellbeing and Schools Bill

Moved by

Baroness Smith of Malvern (Lab)

165: Clause 33, page 68, line 35, at end insert “; or has taken such action during the period of 5 years ending with the date on which a preliminary notice is to be served under subsection (1).”

Member's explanatory statement

This amendment would allow a local authority to serve a preliminary notice for a school attendance order where the local authority has taken action under section 47(8) of the Children Act 1989 during the period of 5 years prior to the date on which the notice is to be served.

166: Clause 33, page 69, line 9, after “436D(2)” insert “(a), (b) or (ba)”

Member's explanatory statement

This amendment would mean that a preliminary notice for a school attendance order cannot be served by a local authority where a parent has failed to tell the authority that their child is no longer eligible for registration by that authority.

167: Clause 33, page 69, line 13, at end insert—

“(7A) For the purpose of determining whether a preliminary notice must or may be served under this section in respect of a child, the local authority—

(a) must consider the settings where the child is being educated that the local authority knows about and where the child lives, and

(b) may request the child’s parent on whom the preliminary notice would be served to allow the local authority to visit the child inside any of the homes in which the child lives.

(7B) If a request under subsection (7A)(b) is refused by the person to whom it is made, the local authority must consider that to be a relevant factor in determining whether to serve a preliminary notice.”

Member's explanatory statement

This amendment would add to section 436H (inserted by clause 33) provision equivalent to section 436I(3) (inserted by clause 33) to enable the local authority to consider the child’s home and education settings and request a home visit to help determine whether to serve a preliminary notice under section 436H.