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Children’s Wellbeing and Schools Bill

Moved by

Baroness Barran

198: After Clause 56, insert the following new Clause—

“Reasonableness and safeguards in the exercise of local authority powers

(1) In exercising powers under sections 54 to 56, a local authority must act reasonably and proportionately, having regard to—

(a) the needs of the child,

(b) the needs of other pupils at the school, and

(c) the capacity of the school to meet the child’s needs safely and effectively.

(2) An Academy may, within 10 school days of receiving a direction or proposed direction under sections 54 to 56, notify the local authority and the Secretary of State that it considers the direction to be unreasonable on one or more of the following grounds—

(a) that the Academy cannot reasonably be expected, with the resources and specialist expertise available to it, to meet the child’s special educational needs or other significant additional needs;

(b) that admitting the child would seriously prejudice the education or welfare of existing pupils or the safety of pupils or staff;

(c) that suitable and reasonably accessible alternative provision is available which is better able to meet the child’s needs;

(d) that the direction is otherwise irrational or disproportionate.

(3) Where notice is given under subsection (2), the direction shall not take effect until—

(a) the Secretary of State has confirmed, varied or set aside the direction, or

(b) such other independent review body as may be prescribed by regulations has determined the matter.

(4) Before confirming or varying a direction under subsection (3), the Secretary of State (or other prescribed body) must—

(a) give the Academy proprietor and the local authority an opportunity to make written representations, and

(b) have regard to any relevant code of practice or statutory guidance.

(5) In this section “Academy” has the same meaning as in this Act.

(6) In exercising functions under this section, the Secretary of State (or other prescribed body) must have particular regard to the importance of securing fair access for looked-after children, previously looked-after children, children who have been excluded from a previous school and children with an education, health and care plan.

(7) A statutory instrument containing regulations under this section may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament”

Member's explanatory statement

This new clause provides safeguards for Academies where a local authority uses its powers under clauses 54 to 56 to direct an Academy to admit a particular child.