Children’s Wellbeing and Schools Bill 2024-26 Amendments

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Page 1

Part 1

Children’s social care

Family group decision-making

Family group decision-making

After section 31 of the Children Act 1989 (care and supervision orders) insert—

“31ZA

Family group decision-making

(1)

Before a local authority in England makes an application for an order

under this Part in relation to a child, the authority must offer a family

group decision-making meeting to the child’s parents or any other

person with parental responsibility for the child.

(2)

If the offer is accepted by at least one person to whom it is made, the

local authority must arrange for the meeting to be held before the

authority makes the application.

(3)

The duty under subsection (1) or (2) does not apply where the local

authority considers that it would not be in the best interests of the

Page 2

child for a family group decision-making meeting to be offered or (as

the case may be) to be held.

(4)

A “family group decision-making meeting” is a meeting held for the

purpose of enabling the child’s family network—

(a)

to discuss the welfare needs of the child, and

(b)

to make a proposal in response to concerns about the child’s

welfare.

(5)

A “family network”, in relation to a child, consists of such persons

with an interest in the child’s welfare as the authority considers

appropriate to attend the meeting having regard to the child’s best

interests, and such persons may (in particular) include—

(a)

the child’s parents or any other person with parental

responsibility for the child, and

(b)

relatives, friends or other persons connected with the child.

(6)

The local authority must include the offer under subsection (1) in the

letter before proceedings sent in relation to the child.

(7)

A “letter before proceedings” is the letter sent by the local authority

to the child’s parents or any other person with parental responsibility

for the child, before the local authority make an application for an

order under this Part in relation to the child.

(8)

Where the local authority considers it appropriate, the child in relation

to whom the family group decision-making meeting is held may attend

the meeting.

(9)

In exercising functions under this section in relation to a child, the

local authority must seek the views of the child unless it considers

that it would not be appropriate to do so.”

Child protection and safeguarding

Inclusion of childcare and education agencies in safeguarding arrangements

(1)

Section 16E of the Children Act 2004 (local arrangements for safeguarding

and promoting welfare of children) is amended as follows.

(2)

In subsection (1) —

(a)

omit the “and” after paragraph (a) ;

(b)

after that paragraph insert—

“(aa)

those relevant agencies which are designated childcare

or education agencies, and”;

(c)

for paragraph (b) substitute—

“(b)

any other relevant agencies that the safeguarding

partners consider appropriate,”.

Page 3

(3)

In subsection (2) , after “partners” insert “and the relevant agencies mentioned

in subsection (1) (aa) ”.

(4)

After subsection (2) insert—

“(2A)

For the purposes of this section, a relevant agency is a “designated

childcare or education agency” if it—

(a)

has functions relating to the provision of childcare or education

(or both), and

(b)

is designated as such by regulations made by the Secretary of

State.”

(5)

In section 66 (3) of that Act (instruments subject to affirmative procedure), for

“16E(3)” substitute “16E (2A) (b) or (3)”.

Multi-agency child protection teams for local authority areas

(1)

The Children Act 2004 is amended as follows.

(2)

After section 16E insert—

“16EA

Section 16E arrangements: multi-agency child protection teams

(1)

Arrangements made under section 16E by the safeguarding partners

for a local authority area must include the establishment of one or

more multi-agency child protection teams for the area for the purpose

of providing support to the local authority in connection with the

discharge of its duties under section 47 of the Children Act 1989 (duty

to investigate where child at risk of significant harm).

(2)

The support referred to in subsection (1) includes—

(a)

the co-ordination of assistance for the local authority under

section 47 (9) of the Children Act 1989 , and

(b)

support of any other kind prescribed by regulations made by

the Secretary of State.

(3)

A multi-agency child protection team is to consist of—

(a)

at least one of each of the persons mentioned in subsection (4)

, and

(b)

such other persons as the local authority considers appropriate

after consulting the other safeguarding partners.

(4)

The persons referred to in subsection (3) (a) are—

(a)

a person, nominated by the local authority, with experience in

education in relation to children;

(b)

a social worker, nominated by the local authority, with

experience in social work in relation to children;

(c)

a registered health professional, nominated by an integrated

care board for an area any part of which falls within the area

of the local authority, with experience in the provision of

healthcare in relation to children;

Page 4

(d)

a police officer nominated by the chief officer of police for a

police area any part of which falls within the area of the local

authority.

(5)

A person may be nominated under a particular paragraph of subsection

(4) only if the person satisfies any requirements prescribed by

regulations made by the Secretary of State for the purposes of that

paragraph.

(6)

The requirements that may be prescribed under subsection (5) include,

in particular, requirements relating to a person’s qualifications or their

experience so far as relating to the safeguarding and promotion of the

welfare of children.

(7)

Before making regulations under subsection (2) (b) or (5) , the Secretary

of State must consult such persons (if any) as the Secretary of State

considers appropriate.

(8)

In this section—

“registered health professional” means a person on the register

of one or more of the following bodies—

(a)

the General Medical Council;

(b)

the Nursing and Midwifery Council;

(c)

the Health and Care Professions Council;

“social worker” means a person registered as a social worker in

the register kept under section 39(1) of the Children and Social

Work Act 2017.

16EB

Multi-agency child protection teams: co-operation

(1)

If the conditions in subsection (2) are met, the safeguarding partners

for a local authority area and a relevant agency must together draw

up a memorandum setting out how the relevant agency will work

with the safeguarding partners to facilitate the operation of MACPT

arrangements.

(2)

The conditions are that—

(a)

the relevant agency is designated for the purposes of this

section by regulations made by the Secretary of State;

(b)

the safeguarding partners have notified the relevant agency

that it is required to work with the safeguarding partners in

drawing up a memorandum under this section.

(3)

Before making regulations under subsection (2) (a) , the Secretary of

State must consult such persons (if any) as the Secretary of State

considers appropriate.

(4)

In this section, “MACPT arrangements” means arrangements made

by the safeguarding partners in accordance with section 16EA (1) for

the establishment of a multi-agency child protection team.”

Page 5

(3)

In section 16G (further provision about arrangements)—

(a)

after subsection (4) insert—

“(4A)

Where a memorandum under section 16EB (1) has effect—

(a)

references in subsections (2) and (3) to arrangements

under section 16E include references to the

memorandum, and

(b)

the safeguarding partners and the relevant agency in

question must act in accordance with the

memorandum.”;

(b)

in subsection (6), after “subsection (4)” insert “or (4A) (b) ”;

(c)

after subsection (7) insert—

“(8)

Where a memorandum under section 16EB (1) has effect, a

report under subsection (7) must also include information

about—

(a)

what the safeguarding partners and the relevant agency

in question have done as a result of the memorandum,

and

(b)

how effective the memorandum has been in practice.”

(4)

In section 16J (combining safeguarding partner areas and delegating

functions)—

(a)

in subsections (1) and (2), after “(5)” insert “and (6) (a) and (b) ”;

(b)

after subsection (5) insert—

“(6)

Where an agreement under subsection (1) has effect—

(a)

the safeguarding partners for the local authority area

must, in making MACPT arrangements for the area,

ensure that any multi-agency child protection team

established under the arrangements has enough people

to operate effectively having regard to the size of the

area to which the agreement relates and any other

relevant factors,

(b)

section 16EA (3) (a) and (4) (a) and (b) has effect as if—

(i)

the reference to at least one person, nominated

by the local authority, with experience in

education in relation to children, and

(ii)

the reference to at least one social worker,

nominated by the local authority, with

experience in social work in relation to children,

were a reference to at least one such person or social

worker for each of the local authorities which is a

safeguarding partner for the local authority area, and

(c)

each such person or social worker is to act, for the

purposes of the multi-agency child protection team to

which they are nominated, only in relation to the area

of the local authority which nominated them.

Page 6

(7)

In this section—

“MACPT arrangements” has the same meaning as in

section 16EB ;

“social worker” has the meaning given by section 16EA (8) .”

(5)

In section 66(3) (instruments subject to affirmative procedure), after “16E (2A) (b)

or (3)” (as inserted by section 2 (5) ) insert “, 16EA (2) (b) or (5) , 16EB (2) (a) ”.

Information sharing and consistent identifiers

After section 16L of the Children Act 2004 (safeguarding partners for local

authority areas) insert—

“Continuity of information for safeguarding and welfare purposes

16LA

Duty to share information

(1)

This section applies where a person to whom subsection (4) applies

(“the relevant person”)—

(a)

holds information about a child or information about another

individual that relates to the child, and

(b)

considers that the information is relevant to safeguarding or

promoting the welfare of the child.

(2)

The relevant person must ensure that the information is disclosed to

another person to whom subsection (4) applies (“the recipient”) if and

only so far as the relevant person considers that the disclosure may

facilitate—

(a)

where the recipient is within subsection (4) (a) or (b) , the

exercise by the recipient of any of its relevant functions, or

(b)

where the recipient is within subsection (4) (c) , the provision

of services by the recipient pursuant to arrangements made by

a person within subsection (4) (a) or (b) in connection with the

exercise of any of that person’s relevant functions.

(3)

But the duty imposed by subsection (2) does not apply if the relevant

person considers that the disclosure would be more detrimental to the

child than not disclosing the information.

(4)

This subsection applies to—

(a)

a person listed in section 11(1) (persons and bodies under a

duty to make arrangements to safeguard and promote welfare),

(b)

a person who is a designated childcare or education agency

for the purposes of section 16E (local arrangements for

safeguarding and promoting welfare of children), and

(c)

a person who provides services pursuant to arrangements made

by a person within paragraph (a) or (b) in connection with the

exercise of any of that person’s relevant functions.

Page 7

(5)

The duty imposed by subsection (2) (as qualified by subsection (3)

) also applies where a relevant person receives a request for the

information from another person to whom subsection (4) applies.

(6)

The relevant person must, in discharging any duty imposed on it by

this section, have regard to guidance issued by the Secretary of State.

(7)

A disclosure of information under this section does not breach any

obligation of confidence owed by the person making the disclosure.

(8)

This section does not permit the relevant person to do anything which

is prohibited by Parts 1 to 7 or Chapter 1 of Part 9 of the Investigatory

Powers Act 2016.

(9)

This section does not authorise or require the disclosure of information

if the disclosure would contravene the data protection legislation (but

in determining whether a disclosure would do so, take into account

the duties imposed by this section).

(10)

In this section—

“the data protection legislation” has the same meaning as in the

Data Protection Act 2018 (see section 3 of that Act);

“relevant function” means a function relating to safeguarding or

promoting the welfare of children.

16LB

Consistent identifiers for children

(1)

The Secretary of State may by regulations specify a description of

consistent identifier for the purposes of this section.

(2)

“Consistent identifier” means any identifier (such as, for example, a

number or code used for identification purposes) that—

(a)

relates to a child, and

(b)

forms part of a set of similar identifiers that is of general

application.

(3)

Subsection (4) applies if—

(a)

a designated person (see subsection (10) ) processes information

about a child, and

(b)

the child is one to whom a consistent identifier of the

description specified under subsection (1) relates.

(4)

If this subsection applies the designated person must include the

consistent identifier in the information processed (but this is subject

to subsections (5) to (7) ).

(5)

Subsection (4) applies only so far as the designated person considers

that the inclusion of the consistent identifier is likely to facilitate the

exercise by any person of a function of that person that relates to

safeguarding or promoting the welfare of children.

Page 8

(6)

Subsection (4) does not apply if the designated person considers that

including the consistent identifier in the information processed would

be more detrimental to the child than not including it.

(7)

The designated person need not comply with subsection (4) if—

(a)

it does not know the consistent identifier, and

(b)

it reasonably considers that finding it out would cause

unreasonable delay to the processing of the information.

(8)

A designated person’s compliance with subsection (4) does not breach

any obligation of confidence owed by the designated person.

(9)

This section does not authorise or require the processing of information

if the processing would contravene the data protection legislation (but

in determining whether the processing would do so, take into account

the duties imposed by this section).

(10)

In this section “designated person” means a person designated for the

purposes of this section in regulations made by the Secretary of State.

(11)

A person may be designated as mentioned in subsection (10) only if

the person is—

(a)

a person listed in section 11(1) (persons and bodies under a

duty to make arrangements to safeguard and promote welfare),

(b)

a person who is a designated childcare or education agency

for the purposes of section 16E (local arrangements for

safeguarding and promoting welfare of children).

(12)

A designated person must, in discharging any duty imposed on it by

this section, have regard to guidance issued by the Secretary of State.

(13)

Where a person (a “service provider”) provides services pursuant to

arrangements made by a designated person in connection with the

exercise of any function of the designated person that relates to

safeguarding or promoting the welfare of children, this section applies

to the service provider as it applies to the designated person.

(14)

The reference in subsection (5) to the inclusion of a consistent identifier

being likely to facilitate the exercise of a function is to it being likely

to facilitate that exercise directly (rather than by means of a trial, study,

audit or any other indirect means).

(15)

In this section—

“processes” , “processed” and “processing” are to be read in

accordance with the meaning of “processing” in Parts 5 to 7 of

the Data Protection Act 2018 (see section 3(4) and (14) of that

Act);

“the data protection legislation” has the same meaning as in the

Data Protection Act 2018 (see section 3 of that Act).”

Page 9

Support for children in care, leaving care or in kinship care and carers

Information: children in kinship care and their carers

After section 22G of the Children Act 1989 insert—

“Information: children in kinship care and their carers

22H

Kinship care: information

(1)

A local authority must publish—

(a)

information about the authority’s general approach to

supporting—

(i)

children living in the authority’s area who live in

kinship care, and

(ii)

persons living in the authority’s area who are kinship

carers;

(b)

information about financial support which may be available

to—

(i)

children mentioned in paragraph (a) (i) , or

(ii)

persons mentioned in paragraph (a) (ii) (in their capacity

as kinship carers);

(c)

information about services mentioned in subsection (2) .

(2)

Those services are services available in the authority’s area which may

assist children mentioned in subsection (1) (a) (i) or persons mentioned

in subsection (1) (a) (ii) (in their capacity as kinship carers), including

services relating to—

(a)

health and wellbeing;

(b)

relationships;

(c)

education and training;

(d)

accommodation.

(3)

In subsection (1) (b) , the reference to financial support is to financial

support whether provided by the local authority or by others (including

voluntary organisations).

(4)

In subsection (2) —

(a)

the reference to services available in the authority’s area

includes services provided by the authority and services

provided by others (including voluntary organisations);

(b)

the reference to services relating to relationships includes

services which promote contact between a child and their

parents or relatives.

(5)

Information required to be published by a local authority under this

section is to be known as the local authority’s “kinship local offer”.

Page 10

(6)

A local authority must take such steps as are reasonably practicable

to ensure that children and other persons mentioned in subsection

(1) (a) receive the information relevant to them.

(7)

A local authority must review and update its kinship local offer from

time to time, as appropriate.

22I

Section

(1)

For the purposes of section 22H , a child lives in kinship care if—

(a)

the child lives with a relative, friend or other person connected

with the child for all or part of the time, and

(b)

subsection (2) or (3) applies in relation to the child.

(2)

This subsection applies in relation to the child if—

(a)

the child lives with one person mentioned in subsection (1) (a)

for all of the time, or for more time than the child lives with

a parent, and

(b)

the person mentioned in subsection (1) (a) provides all of the

care and support provided for the child, or more of that care

and support than is provided for the child by a parent.

(3)

This subsection applies in relation to the child if—

(a)

the child lives with two or more persons mentioned in

subsection (1) (a) all or most of the time (whether or not the

child lives with those persons at the same time), and

(b)

those persons, taken together, provide all or most of the care

and support provided for the child.

(4)

The reference in subsection (1) (a) to a person connected with the child

does not include a reference to—

(a)

a parent of the child,

(b)

a local authority foster parent of the child who had no

connection with the child prior to the child being placed with

that person, or

(c)

a person caring for the child in a professional capacity.

(5)

Where—

(a)

a child’s parents do not live together, and

(b)

the child lives for part of the time with one parent and part of

the time with the other,

the child is treated for the purposes of subsection (2) (a) as living with

a parent for both of those parts of time taken together.

(6)

In section 22H , “kinship carer”, in relation to a child, means a person

mentioned in subsection (1) (a) who provides care and support for the

child in the circumstances described in subsection (2) or (3) .”

Page 11

Promoting educational achievement

(1)

Part 3 of the Children Act 1989 (support for children and families provided

by local authorities in England) is amended as follows.

(2)

In the italic heading before section 23ZZA, after “children” insert “and others”.

(3)

After that italic heading insert—

“23ZZZA

Educational achievement of children in need or in kinship care

(1)

A local authority must take such steps as it considers appropriate for

the purpose of promoting the educational achievement of children

within subsection (2) .

(2)

The children within this subsection are—

(a)

children for whom, by virtue of subsection (10)(a) or (b) of

section 17, the authority is providing or has provided services

under that section, and

(b)

children in the authority’s area who live in kinship care (within

the meaning of section 22I (1) ).

(3)

The steps that may be taken under subsection (1) include steps

designed—

(a)

to enable children within subsection (2) to overcome barriers

to their educational achievement;

(b)

to raise awareness of those barriers among, and to provide

support for, persons who work with children within subsection

(2) ;

(c)

to improve educational attendance and engagement of children

within subsection (2) ;

(d)

to promote educational opportunities for children within

subsection (2) .

(4)

Subsection (1) does not require a local authority to take steps in relation

to a particular child.

(5)

A local authority must appoint at least one person for the purpose of

discharging the duty under subsection (1) .

(6)

A person appointed by a local authority under subsection (5) must be

an officer employed by that authority or another local authority.”

(4)

In section 23ZZA (information and advice for promoting educational

achievement), in subsection (6), in the definition of “relevant child”—

(a)

at the end of paragraph (a)(i) insert “or”;

(b)

omit paragraph (a)(ii) (including the “or” at the end of that paragraph);

(c)

omit the “or” at the end of paragraph (a)(iii);

(d)

after paragraph (a) insert—

“(aa)

a child with respect to whom a special guardianship

order is in force,

Page 12

(ab)

a child with respect to whom a child arrangements

order is in force, where the order provides that the child

is to live with a person who is a kinship carer (within

the meaning given by section 22I (6) ) in relation to the

child, or”.

Provision of advice and other support

After section 23CZA of the Children Act 1989 insert—

“23CZAA

England: provision of staying close support

(1)

A local authority in England has the duties provided for in this section

towards a person—

(a)

who is a former relevant child within the meaning of section

23C,

(b)

to whom the authority has or had duties under that section,

and

(c)

who is under the age of 25.

(2)

The authority must assess whether the provision of staying close

support to the person is required in the interests of that person’s

welfare.

(3)

If following that assessment the authority determines that staying close

support is so required, the authority must provide staying close

support to the person of whatever kind the authority considers

appropriate having regard to the extent to which that person’s welfare

requires it.

(4)

“Staying close support” is support provided to a former relevant child

for the purpose of helping them—

(a)

to find and keep suitable accommodation, and

(b)

to access services relating to—

(i)

health and wellbeing;

(ii)

relationships;

(iii)

education and training;

(iv)

employment;

(v)

participation in society.

(5)

The support referred to in subsection (4) means support in the form

of—

(a)

the giving of advice or information to a former relevant child,

and

(b)

the making of representations on behalf of a former relevant

child for the purpose mentioned in subsection (4) .

(6)

The duties imposed on local authorities by this section are in addition

to the other duties imposed on them by this Part.”

Page 13

Local offer for care leavers

(1)

Section 2 of the Children and Social Work Act 2017 (local offer for care leavers

in England) is amended as follows.

(2)

In subsection (1), after paragraph (b) insert—

“(c)

the arrangements that the local authority has in place for the

purpose of supporting and assisting care leavers in their

transition to adulthood and independent living.”

(3)

After subsection (2) insert—

“(2A)

Information required to be published by a local authority under

subsection (1) (c) includes information about the authority’s

arrangements for—

(a)

enabling it to anticipate the future needs of care leavers in

respect of accommodation and services of a kind mentioned

in subsection (2);

(b)

co-operating with local housing authorities in its area in

assisting former relevant children aged under 25 to find and

keep suitable accommodation;

(c)

providing assistance to find and keep suitable accommodation

to former relevant children aged under 25—

(i)

who are at risk of homelessness, or

(ii)

in the case of former relevant children detained in

prison, a young offender institution or a secure training

centre, on their release from detention;

(d)

assisting former relevant children aged under 25 to access

services of a kind mentioned in subsection (2).

(2B)

Information published for the purposes of subsection (2A) (c) (i) must

include information about the authority’s arrangements for early

intervention to prevent former relevant children aged under 25 from

becoming homeless.”

(4)

In subsection (7)—

(a)

in the definition of “care leavers”, for paragraph (c) substitute—

“(c)

former relevant children aged under 25;”;

(b)

after that definition insert—

““former relevant child” has the meaning given by section 23C(1)

of the Children Act 1989;”.

Care leavers not to be regarded as becoming homeless intentionally

(1)

In section 191 of the Housing Act 1996 (becoming homeless intentionally)—

(a)

after subsection (1) insert—

“(1ZA)

But a person does not become homeless intentionally in a case

described in any of subsections (1A) to (1C).”;

Page 14

(b)

in subsection (1A) , for the words before paragraph (a) substitute “The

first case is where—”;

(c)

after subsection (1A) insert—

“(1B)

The second case is where the person is a relevant child within

the meaning given by section 23A (2) of the Children Act 1989 .

(1C)

The third case is where the person is a former relevant child

within the meaning given by section 23C (1) of that Act and

aged under 25.”;

(d)

in subsection (3) , in the words before paragraph (a), after “person”

insert “, other than a person described in subsection (1B) or (1C) ,”.

(2)

The amendments made by this section do not apply in relation to an

application of a kind mentioned in section 183 (1) of the Housing Act 1996

made before the date on which this section comes into force, except where

the local housing authority deciding the application has not yet decided the

matters set out in section 184 (1) (a) and (b) of that Act .

Accommodation of children

Accommodation of looked after children: regional co-operation arrangements

(1)

The Children Act 1989 is amended as follows.

(2)

After section 22I (inserted by section 5 ) insert—

“Accommodation of looked after children: regional co-operation arrangements

22J

Accommodation of looked after children: regional co-operation

arrangements

(1)

The Secretary of State may give directions requiring two or more local

authorities to make regional co-operation arrangements.

(2)

“Regional co-operation arrangements” means arrangements—

(a)

for the local authorities to carry out their strategic

accommodation functions jointly,

(b)

for the local authorities’ strategic accommodation functions to

be carried out by one of the local authorities on behalf of the

others, or

(c)

for a body corporate to support the local authorities in carrying

out their strategic accommodation functions.

(3)

A local authority’s “strategic accommodation functions” are—

(a)

assessing current and future requirements for the

accommodation of children being looked after by the local

authority,

(b)

developing and publishing strategies for meeting those

requirements,

Page 15

(c)

commissioning the provision of accommodation for children

being looked after by the local authority,

(d)

recruiting prospective local authority foster parents and

supporting local authority foster parents,

(e)

developing, or facilitating the development of, new provision

for the accommodation of children being looked after by the

local authority, and

(f)

any other functions relating to a local authority’s duties under

section 22A, 22C or 22G that are specified in regulations made

by the Secretary of State.

(4)

Before making regulations under subsection (3) (f) the Secretary of

State must consult—

(a)

local authorities, and

(b)

such other persons (if any) as the Secretary of State considers

appropriate.

(5)

A direction under subsection (1) may—

(a)

specify which of the three kinds of regional co-operation

arrangements the local authorities must make, or

(b)

specify more than one kind of regional co-operation

arrangement (“the permitted arrangements”) and require the

local authorities to determine which of the permitted

arrangements to make.

(6)

A direction which requires or permits the local authorities to make

regional co-operation arrangements of the kind in subsection (2) (b)

may—

(a)

specify which local authority is to carry out the strategic

accommodation functions, or

(b)

require the local authorities to determine which of them is to

carry out the strategic accommodation functions.

(7)

A direction which requires or permits the local authorities to make

regional co-operation arrangements of the kind in subsection (2) (c)

may—

(a)

specify the kind of body corporate with which the arrangements

may be made;

(b)

require a body corporate to be established for the purposes of

the arrangements.

(8)

If a direction requires a body corporate to be established, it may—

(a)

specify which of the local authorities is to establish the body

corporate, or

(b)

require the local authorities to determine which of them is to

establish it.

(9)

The Secretary of State may give a direction requiring a local authority

to terminate arrangements made in accordance with a direction under

subsection (1) .

Page 16

(10)

A direction under this section may make different provision for

different purposes.”

(3)

In section 104 (regulations and orders)—

(a)

in subsection (2), after “(3AB),” insert “ (3AC) ,”;

(b)

in subsection (3A), after “(3AB),” insert “ (3AC) ,”;

(c)

after subsection (3AB) insert—

“(3AC)

Regulations fall within this subsection if they are regulations

made in the exercise of the power conferred by section

22J (3) (f) .”

Use of accommodation for deprivation of liberty

(1)

Section 25 of the Children Act 1989 (use of accommodation for restricting

liberty) is amended as follows.

(2)

In the following places, for “restricting” substitute “depriving children of

their”—

(a)

the heading of the section;

(b)

subsection (1).

(3)

After subsection (1) insert—

“(1A)

Subject to the following provisions of this section, a child who is being

looked after by a local authority in England or Wales may not, whilst

being kept in relevant accommodation in England, be deprived of

their liberty in that accommodation unless it appears—

(a)

that—

(i)

the child has a history of absconding and is likely to

abscond from any other description of accommodation,

and

(ii)

if the child absconds, the child is likely to suffer

significant harm; or

(b)

that if the child is kept in any other description of

accommodation the child is likely to injure themselves or other

persons.

(1B)

References in this section to “relevant accommodation” are references

to accommodation that—

(a)

is provided for the purposes of the care and treatment of

children, and

(b)

is capable of being used (in whole or in part), in connection

with the provision of such care and treatment, for the purpose

of depriving children of their liberty.”

(4)

In subsection (2)—

(a)

in paragraph (a)—

(i)

in sub-paragraph (i) after “Scotland” insert “, or be deprived

of their liberty in relevant accommodation in England,”;

Page 17

(ii)

in sub-paragraph (ii) after “Scotland” insert “or be deprived of

their liberty in relevant accommodation in England”;

(b)

in paragraph (b) after “Scotland” insert “, or to be deprived of their

liberty in relevant accommodation in England,”.

(5)

In subsection (3)—

(a)

after “section” insert “in respect of a child being kept in secure

accommodation”;

(b)

for “a child” substitute “the child”.

(6)

After subsection (5) insert—

“(5ZA)

Subsections (3) to (5) apply in respect of depriving a child of their

liberty in relevant accommodation as they apply in respect of the

keeping of a child in secure accommodation.”

(7)

In subsection (5A), for “restrict the child’s” substitute “deprive the child of

their”.

(8)

In subsection (7)—

(a)

in paragraph (c) after “Scotland” insert “or be deprived of their liberty

in relevant accommodation in England”;

(b)

in paragraph (d) after “secure accommodation” insert “or be deprived

of their liberty in relevant accommodation”.

(9)

After subsection (8) insert—

“(8ZA)

For the purposes of this section—

(a)

references in subsection (1) to any other description of

accommodation do not include relevant accommodation;

(b)

references in subsection (1A) to any other description of

accommodation do not include secure accommodation.”

(10)

In section 93 of the Children (Scotland) Act 1995 (interpretation)—

(a)

in the definition of “secure accommodation”, omit paragraph (b);

(b)

after that definition insert—

“ “secure accommodation” , in relation to England, means secure

accommodation within the meaning of section 25 of the

Children Act 1989 or relevant accommodation within the

meaning of that section;”.

(11)

In section 202(1) of the Children’s Hearings (Scotland) Act 2011 (asp 1)

(interpretation)—

(a)

in the definition of “secure accommodation”, omit paragraph (b);

(b)

after that definition insert—

“ “secure accommodation” , in relation to England, means secure

accommodation within the meaning of section 25 of the

Children Act 1989 or relevant accommodation within the

meaning of that section,”.

Page 18

Regulation of children’s homes, fostering agencies etc

Powers of CIECSS in relation to parent undertakings

(1)

The Care Standards Act 2000 is amended as follows.

(2)

After section 23 insert—

“Powers of CIECSS in relation to parent undertakings (England)

23A

Improvement plan notice

(1)

The CIECSS may serve an improvement plan notice on a parent

undertaking if it has—

(a)

a subsidiary undertaking which meets the requirements of

subsection (2) ;

(b)

two or more subsidiary undertakings which meet the

requirements of subsection (3) .

(2)

A subsidiary undertaking meets the requirements of this subsection

if—

(a)

the subsidiary undertaking is registered under this Part as

carrying on two or more establishments or agencies for which

the CIECSS is the registration authority, and

(b)

the CIECSS reasonably suspects that there are grounds for

cancelling the subsidiary undertaking’s registration in respect

of two or more of those establishments or agencies.

(3)

A subsidiary undertaking meets the requirements of this subsection

if—

(a)

the subsidiary undertaking is registered under this Part as

carrying on one or more establishments or agencies for which

the CIECSS is the registration authority, and

(b)

the CIECSS reasonably suspects that there are grounds for

cancelling the subsidiary undertaking’s registration in respect

of one or more of those establishments or agencies.

(4)

An “improvement plan notice” is a written notice which—

(a)

identifies each subsidiary undertaking which meets the

requirements of subsection (2) or (3) ,

(b)

identifies in the case of each of those subsidiary undertakings—

(i)

the establishments or agencies in respect of which the

CIECSS reasonably suspects that there are grounds for

cancelling the subsidiary undertaking’s registration, and

(ii)

the issues which have led the CIECSS to have those

reasonable suspicions,

(c)

requires the parent undertaking to prepare and submit to the

CIECSS an improvement plan,

(d)

specifies the period within which the plan must be submitted,

and

Page 19

(e)

provides information about the possible consequences of not

complying with the notice.

(5)

An “improvement plan” is a plan which—

(a)

sets out the action the parent undertaking is proposing to take

to address the issues identified in the improvement plan notice,

(b)

specifies the date by which the action will be taken, and

(c)

names an individual who meets the requirements of subsection

(6) .

(6)

The requirements are—

(a)

the individual has a significant role in the management of the

parent undertaking, and

(b)

the individual may reasonably be expected to be in a position

to ensure that the parent undertaking complies with the

requirement imposed by section 23B (5) (requirement to

implement an improvement plan) .

(7)

The period mentioned in subsection (4) (d) must not be less than the

period of 28 days beginning with the day on which the improvement

plan notice is served on the parent undertaking.

(8)

The CIECSS may withdraw an improvement plan notice by serving

written notice on the parent undertaking.

(9)

Where the CIECSS serves a notice on a parent undertaking under this

section, the CIECSS must also serve a copy of the notice on the

subsidiary undertakings identified in the improvement plan notice.

(10)

In this section and sections 23B to 23D , “parent undertaking” and

“subsidiary undertaking” have the meanings given by section 1162 of

the Companies Act 2006.

23B

Improvement plans

(1)

This section applies where a parent undertaking has submitted an

improvement plan to the CIECSS.

(2)

If the CIECSS is satisfied that—

(a)

the plan meets the requirements in section 23A (5) , and

(b)

the plan will be effective in addressing the issues identified in

the improvement plan notice,

the CIECSS must approve the plan; otherwise the CIECSS must reject

it giving reasons for doing so.

(3)

The CIESS must—

(a)

serve written notice of the decision on the parent undertaking,

and

(b)

serve a copy of that notice on the subsidiary undertakings

identified in the improvement plan notice.

Page 20

(4)

If the CIECSS rejects the improvement plan, the parent undertaking

is to be taken as having failed to comply with the improvement plan

notice.

(5)

If the CIECSS approves the improvement plan, the parent undertaking

must implement it in full.

(6)

If the CIECSS is satisfied that the improvement plan has been

implemented in full—

(a)

the CIECSS must serve written notice on the parent undertaking

informing it of that fact, and

(b)

the CIECSS must serve a copy of that notice on the subsidiary

undertakings identified in the improvement plan notice.

(7)

Subsection (8) applies if the individual named in an improvement plan

which has been approved by the CIECSS no longer meets the

requirements in section 23A (6) .

(8)

The parent undertaking which submitted the plan must—

(a)

modify the plan so as to name an individual who meets those

requirements, and

(b)

serve written notice of the modification on the CIECSS.

(9)

A parent undertaking may otherwise modify an improvement plan

which has been approved by the CIECSS only if the CIECSS agrees

to the modification.

23C

Cancellation of improvement plan

(1)

The CIECSS may serve a written notice (a “cancellation notice”) on a

parent undertaking cancelling an improvement plan which the CIECSS

has approved.

(2)

The cancellation notice must specify the date on which the cancellation

takes effect (which may be a date before the notice is served).

(3)

If a cancellation notice is served on a parent undertaking, the

requirements mentioned in subsection (4) cease to apply to the

undertaking (or are to be treated as having ceased to apply to the

undertaking) from the date specified in the notice.

(4)

The requirements are—

(a)

the requirement imposed by section 23B (5) (requirement to

implement improvement plan);

(b)

the requirement imposed by section 23B (8) (requirement to

modify improvement plan to name another senior manager).

(5)

The CIECSS must serve a copy of the cancellation notice on the

subsidiary undertakings identified in the improvement plan notice.

Page 21

23D

Appeals relating to decisions under sections

(1)

A parent undertaking may appeal to the Tribunal against a decision

of the CIECSS to—

(a)

serve an improvement plan notice on the parent undertaking,

(b)

reject an improvement plan submitted by the parent

undertaking.

(2)

An appeal under subsection (1) must be brought within the period of

28 days beginning with the decision date.

(3)

The “decision date” means—

(a)

if the appeal is against a decision to serve an improvement

plan notice, the day on which the notice is served on the parent

undertaking;

(b)

if the appeal is against a decision to reject an improvement

plan, the day on which notice of that decision is served on the

parent undertaking.

(4)

If an appeal is brought against a decision to serve an improvement

plan notice, the requirement to prepare and submit an improvement

plan is suspended during the period—

(a)

beginning with the decision date, and

(b)

ending with the day on which the appeal is finally determined

or withdrawn.

(5)

But where an improvement plan has been approved under section

23B , such an appeal does not suspend the requirements imposed by—

(a)

section 23B (5) (requirement to implement improvement plan),

(b)

section 23B (8) (requirement to modify improvement plan to

name another senior manager).

(6)

On an appeal against a decision to serve an improvement plan notice,

the Tribunal may—

(a)

confirm the decision, or

(b)

direct that it is to cease to have effect.

(7)

On an appeal against a decision to reject an improvement plan, the

Tribunal may—

(a)

confirm the decision, or

(b)

direct the CIECSS to retake the decision as to whether to

approve or reject the plan.”

(3)

In section 21 (appeals to Tribunal), after subsection (5) insert—

“(5A)

Subsection (1) does not apply to a decision of the CIECSS under—

(a)

section 23A (1) (service of improvement plan notices), or

(b)

section 23B (2) (rejection of improvement plans).”

Page 22

(4)

In section 22 (regulation of establishments and agencies)—

(a)

after subsection (2) insert—

“(2A)

Regulations made by the Secretary of State under subsection

(2)(a) which make provision as to the persons who are fit to

carry on an establishment or agency for which the CIECSS is

the registration authority may, in particular, make provision

by reference to whether a parent undertaking of such a person

has failed to comply (or is failing to comply) with any

requirement imposed by or under this Part.”;

(b)

after subsection (10) insert—

“(10A)

In subsection (2A) , “parent undertaking” has the meaning given

by section 1162 of the Companies Act 2006.”

(5)

In section 37 (service of documents), in subsection (1) omit the words from

“carrying” to “agency”.

Power of CIECSS to impose monetary penalties

(1)

The Care Standards Act 2000 is amended as follows.

(2)

After section 30ZB insert—

“Power of CIECSS to impose monetary penalties

30ZC

Power of CIECSS to impose monetary penalties

(1)

The CIECSS may impose a monetary penalty on a person if the CIECSS

is satisfied on the balance of probabilities that the person has failed

to comply with—

(a)

an improvement plan notice served on the person under section

23A ,

(b)

the requirement imposed by section 23B (5) (implementation of

improvement plans), or

(c)

the requirement imposed by section 23B (8) (modification of

improvement plans to name another senior manager).

(2)

The CIECSS may impose a monetary penalty on a person if—

(a)

the CIECSS is satisfied beyond reasonable doubt that an act or

omission of the person constitutes an offence under this Part,

and

(b)

the act or omission relates to an establishment or agency for

which the CIECSS is the registration authority.

(3)

The CIECSS may not impose a monetary penalty under subsection (2)

if—

(a)

the person has been convicted of an offence under this Part in

respect of the act or omission,

Page 23

(b)

criminal proceedings for an offence under this Part in respect

of the act or omission have been instituted against the person

and the proceedings have not been concluded, or

(c)

criminal proceedings for an offence under this Part in respect

of the act or omission have been concluded and the person has

not been convicted of the offence.

(4)

If the CIECSS has under subsection (2) imposed a monetary penalty

on a person in respect of an act or omission (and the penalty has not

been cancelled), the person may not be convicted of an offence under

this Part in respect of it.

(5)

See Schedule 1A for further provision about monetary penalties under

this section.

(6)

In this section references to an offence under this Part include an

offence under regulations made under this Part.

30ZD

CIECSS monetary penalties: publication of information

(1)

The Secretary of State may by regulations make provision requiring

the CIECSS to publish information about monetary penalties imposed

under section 30ZC , which may include information identifying—

(a)

the persons on whom penalties were imposed,

(b)

the dates they were imposed,

(c)

the grounds for imposing them, and

(d)

their amounts.

(2)

None of the provisions in or made by virtue of this section are to be

read as requiring or authorising the processing of information which

would contravene the data protection legislation (but in determining

whether the processing would do so, take into account the duty

imposed or the power conferred by the provision in question).

(3)

In this section, “the data protection legislation” and “processing” have

the same meaning as in section 3 of the Data Protection Act 2018.”

(3)

In section 14 (1) (grounds for cancelling registration) after paragraph (b) insert—

“(ba)

on the ground that a monetary penalty has been imposed on

the person under section 30ZC ;”.

(4)

In section 21 (appeals to Tribunal) after subsection (6) insert—

“(7)

Subsection (1) does not apply to a decision of the CIECSS—

(a)

to impose a monetary penalty under section 30ZC ;

(b)

as to the amount of such a penalty.”

(5)

In the italic heading before section 30ZA , after “notices” insert “(Wales)”.

(6)

In section 30A (matters of which the CIECSS must notify local authorities)—

Page 24

(a)

in subsection (2) , after paragraph (b) insert—

“(ba)

has served on P, or a parent undertaking of P, a penalty

notice under paragraph 3 of Schedule 1A (monetary

penalties);”;

(b)

in subsection (7) , after the definition of “electronically” insert—

““parent undertaking” has the same meaning as in section

23A (10) ;”.

Financial oversight

(1)

The Care Standards Act 2000 is amended as follows.

(2)

After section 30ZD (inserted by section 13 ) insert—

“Financial regulation (England)

30ZE

Persons who are subject to financial oversight

(1)

A person is subject to financial oversight if the Secretary of State

determines that the person is—

(a)

a relevant provider who meets one or more of the financial

oversight conditions, or

(b)

a member of a relevant provider group which meets one or

more of the financial oversight conditions.

(2)

A “financial oversight condition” is a condition specified in regulations

made by the Secretary of State for the purposes of this section.

(3)

Before making the regulations the Secretary of State must have regard

to the public interest in securing that—

(a)

a relevant provider is subject to financial oversight if the

provider has a position of strategic significance in respect of

the provision of relevant establishments or agencies;

(b)

a member of a relevant provider group is subject to financial

oversight if the group has a position of strategic significance

in that respect.

(4)

The conditions which may be specified in the regulations may, in

particular, relate to—

(a)

the number of relevant establishments or agencies which are

carried on by a relevant provider or a relevant provider group;

(b)

the size of those establishments or agencies;

(c)

the geographical concentration of those establishments or

agencies;

(d)

the share of any market within England for the provision of

relevant establishments or agencies which is held by a relevant

provider or a relevant provider group.

Page 25

(5)

Where the Secretary of State determines that a person is subject to

financial oversight, the Secretary of State must serve written notice of

the determination on the person.

(6)

The notice may require the person to name an individual who—

(a)

has a significant role in the management of the person, and

(b)

may reasonably be expected to be in a position to ensure that

the person complies with any requirement imposed by or under

section 30ZG , 30ZH or 30ZI .

(7)

In this section and sections 30ZF to 30ZJ —

“relevant establishment or agency” means—

(a)

a children’s home in England, or

(b)

a fostering agency in England (or, where the activities

of a fostering agency are carried on from two or more

branches, the branches in England);

“relevant provider” means a person, other than a local authority,

who is registered under this Part as carrying on one or more

relevant establishments or agencies;

“relevant provider group” means—

(a)

a parent undertaking of a relevant provider, and

(b)

its relevant subsidiary undertakings;

“relevant subsidiary undertaking” means—

(a)

a relevant provider, or

(b)

a parent undertaking of a relevant provider;

“parent undertaking” and “subsidiary undertaking” have the

meanings given by section 1162 of the Companies Act 2006 .

30ZF

Financial oversight period

(1)

A person is subject to financial oversight for the financial oversight

period.

(2)

The “financial oversight period” is the period of 12 months beginning

with the day on which the Secretary of State makes a determination

under section 30ZE (1) , but this is subject to subsection (3) .

(3)

If the Secretary of State makes a further determination under section

30ZE (1) before the end of the financial oversight period, that period

is extended until the end of the period of 12 months beginning with

the day on which the further determination is made.

30ZG

Power to require provision of recovery and resolution plan

(1)

The Secretary of State may serve a written notice on a person who is

subject to financial oversight requiring the person to—

(a)

prepare a recovery and resolution plan, and

(b)

submit the plan to the Secretary of State before the end of the

period specified in the notice.

Page 26

(2)

A recovery and resolution plan is a plan containing information

about—

(a)

the nature and extent of any risk to the financial sustainability

of the person,

(b)

the action the person proposes to take to mitigate or eliminate

those risks,

(c)

any adverse impacts on local authorities, and children looked

after by local authorities, that might result if those risks

materialised, and

(d)

the action the person proposes to take to reduce those adverse

impacts if they arise.

(3)

The period mentioned in subsection (1) (b) must not be less than 28

days beginning with the day on which the notice is served on the

person.

(4)

Subsection (5) applies where the person on whom the Secretary of

State serves a notice under subsection (1) is a parent undertaking of

a relevant provider.

(5)

The Secretary of State may also require that the information provided

under subsection (2) (a) is to include information about the nature and

extent of any risks to the financial sustainability of the relevant

subsidiary undertakings of the parent undertaking.

(6)

The Secretary of State may serve written notice on a person who has

submitted a recovery and resolution plan requiring the person to

provide an explanation of any information contained in the plan.

(7)

Subsection (8) applies where—

(a)

a person has submitted a recovery and resolution plan to the

Secretary of State,

(b)

there is a material change to the matters mentioned in

subsection (2) , and

(c)

the person is subject to financial oversight when the change

occurs.

(8)

The person must inform the Secretary of State of the change as soon

as is reasonably practicable.

30ZH

Power to require information

(1)

The Secretary of State may serve a written notice on a person who is

subject to financial oversight requiring the person to provide such

information as the Secretary of State considers it necessary or expedient

to have for the purpose of assessing—

(a)

the nature and extent of any risks to the financial sustainability

of the person;

(b)

the action the person could take to mitigate or eliminate those

risks;

Page 27

(c)

any adverse impacts on local authorities, and children looked

after by local authorities, that might result if those risks

materialised;

(d)

the action the person could take to reduce those adverse

impacts if they arise.

(2)

Subsection (3) applies where the Secretary of State serves a notice

under subsection (1) on a person who is a parent undertaking of a

relevant provider.

(3)

Where this subsection applies, the power under subsection (1) (a)

includes the power to require information for the purposes of assessing

the nature of any risks to the financial sustainability of the relevant

subsidiary undertakings of the person.

(4)

The power under subsection (1) includes the power to require the

provision of—

(a)

an explanation of any information required under that

subsection,

(b)

copies of any documents or records, and

(c)

a legible copy of information recorded otherwise than in legible

form.

(5)

Subsection (6) applies where—

(a)

a person provides information to the Secretary of State under

this section,

(b)

there is a material change to that information, and

(c)

the person is subject to financial oversight when the change

occurs.

(6)

The person must inform the Secretary of State of the change as soon

as is reasonably practicable.

30ZI

Power to arrange for independent business review

(1)

The Secretary of State may arrange for a qualified person to carry out

an independent business review in relation to a person who is subject

to financial oversight (a “reviewed person”) if satisfied that either or

both of the conditions in subsection (2) are met.

(2)

The conditions are—

(a)

there is a significant risk to the financial sustainability of the

reviewed person, or

(b)

where the reviewed person is a parent undertaking of a relevant

provider, there is a significant risk to the financial sustainability

of one or more of their relevant subsidiary undertakings.

(3)

An “independent business review” is a review of—

(a)

the nature and extent of any relevant financial sustainability

risks;

Page 28

(b)

the action the reviewed person could take to mitigate or

eliminate those risks;

(c)

any adverse impacts on local authorities, and children looked

after by local authorities, that might result if those risks

materialised;

(d)

the action the reviewed person could take to reduce those

adverse impacts if they arise.

(4)

A “relevant financial sustainability risk” means—

(a)

where the Secretary of State is satisfied that the condition in

subsection (2) (a) is met, a risk to the financial sustainability of

the reviewed person;

(b)

where the Secretary of State is satisfied that the condition in

subsection (2) (b) is met, a risk to the financial sustainability of

the relevant subsidiary undertakings mentioned in that

subsection.

(5)

A person is “qualified” to carry out an independent business review

if the Secretary of State is satisfied that the person—

(a)

is independent of the reviewed person and the Secretary of

State, and

(b)

has the skills necessary to carry out the review.

(6)

Where the Secretary of State arranges for a qualified person to carry

out an independent business review, the Secretary of State must serve

a written notice on the reviewed person informing the person of that

fact.

(7)

The notice may make provision for the reviewed person to be liable

to the Secretary of State for payment of the qualified person’s

remuneration and expenses relating to the review.

(8)

An amount payable to the Secretary of State under the notice is

recoverable, if a county court so orders, as if it were payable under

an order of that court.

(9)

The reviewed person must give the qualified person all such assistance

as the qualified person may reasonably require to carry out the review.

30ZJ

Duty to issue advance warning notice

(1)

The Secretary of State must serve a written notice (an “advance

warning notice”) on a local authority if the Secretary of State considers

that—

(a)

there is a real possibility that one or more relevant

establishments or agencies will cease to be carried on because

of any risk to the financial sustainability of a person who is

subject to financial oversight, and

(b)

the local authority, or any children looked after by the local

authority, might be adversely affected if that were to happen.

Page 29

(2)

An advance warning notice must—

(a)

identify the establishments or agencies mentioned in subsection

(1) ;

(b)

inform the local authority that the Secretary of State considers

that there is a real possibility that those establishments or

agencies will cease to be carried on for the reasons mentioned

in that subsection, and

(c)

explain why the Secretary of State considers that the local

authority, or children looked after by the local authority, might

be adversely affected if that were to happen.

(3)

Where the Secretary of State serves an advance warning notice under

subsection (1) , the Secretary of State must also—

(a)

serve a copy of the notice on the CIECSS, and

(b)

inform the person who is registered as carrying on the

establishments or agencies identified in the notice that an

advance warning notice has been served in relation to those

establishments or agencies.”

(3)

In section 118 (orders and regulations)—

(a)

after subsection (2) insert—

“(2A)

A statutory instrument containing (alone or with other

provision) regulations to which subsection (2B) applies may

not be made unless a draft of the instrument has been laid

before and approved by a resolution of each House of

Parliament.

(2B)

This subsection applies to regulations under—

(a)

section 30ZE (2) ;”;

(b)

in subsection (3) for “subsection (2)”, in the first place it occurs,

substitute “subsections (2) or (2A) ”.

Power to limit profits of relevant providers

(1)

The Care Standards Act 2000 is amended as follows.

(2)

After section 30ZJ (inserted by section 14 (2) ) insert—

“30ZK

Power to limit profits of relevant providers

(1)

The Secretary of State may by regulations provide that any profit made

by a relevant provider from carrying on relevant establishments or

agencies must not exceed an amount specified in, or determined in

accordance with, the regulations.

(2)

“Relevant provider” means a person, other than a local authority, who

is registered under this Part as carrying on one or more relevant

establishments or agencies.

(3)

“Relevant establishments or agencies” are—

(a)

children’s homes in England, and

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(b)

fostering agencies in England (or, where the activities of a

fostering agency are carried on from two or more branches,

the branches in England).

(4)

The regulations may make provision about how the profit made by a

relevant provider from carrying on relevant establishments or agencies

is to be determined.

(5)

The provision that may be made by virtue of subsection (4) includes

provision about making adjustments for disguised profit arrangements.

(6)

Arrangements are “disguised profit arrangements” if—

(a)

having regard to all the circumstances, it would be reasonable

to conclude that the main purpose, or one of the main purposes,

of the arrangements was to reduce profit, and

(b)

they meet any other conditions specified in the regulations.

(7)

The Secretary of State may make regulations under this section only

if satisfied that it is necessary to do so, having regard to the public

interest in securing that relevant providers are providing placements

on terms which represent value for money.

(8)

Before making regulations under this section the Secretary of State

must have regard to—

(a)

the welfare of children being looked after by local authorities

in England,

(b)

the interests of local authorities in England, and

(c)

the interests of relevant providers (including the opportunity

to make a profit).

(9)

Before making regulations under this section the Secretary of State

must consult—

(a)

local authorities in England,

(b)

any persons appearing to the Secretary of State to represent

the interests of relevant providers, and

(c)

such other persons (if any) as the Secretary of State considers

appropriate.

30ZL

Power to limit profits of relevant providers: supplementary provision

(1)

The Secretary of State may by regulations require relevant providers

to make an annual return to the Secretary of State for the purpose of

determining whether they have complied with any requirement

imposed by regulations under section 30ZK .

(2)

Regulations under this section may make provision—

(a)

about the contents of the return;

(b)

about the period in respect of which, and date by which, it is

to be made.

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(3)

Regulations under this section may make provision conferring on the

Secretary of State powers to require the provision of information from

relevant providers in connection with the contents of the return.

(4)

“Relevant provider” has the same meaning as in section 30ZK .”

(3)

In section 25 (power for regulations to create offences), after subsection (2)

insert—

“(2A)

Subsection (1) does not apply to regulations under section 30ZK or

30ZL (power to limit profits).”.

(4)

In section 118 (orders and regulations), in subsection (2B) (inserted by section

14 (3) ) after paragraph (a) insert—

“(b)

section 30ZK ;”.

Power of Secretary of State to impose monetary penalties

(1)

In the Care Standards Act 2000, after section 30ZL (inserted by section 15

) insert—

“30ZM

Power of Secretary of State to impose monetary penalties

(1)

The Secretary of State may impose a monetary penalty on a person if

the Secretary of State is satisfied on the balance of probabilities that

the person has failed to comply with—

(a)

any requirement imposed by or under section 30ZE , 30ZG ,

30ZH or 30ZI (financial oversight);

(b)

any requirement imposed by or under regulations under section

30ZK or 30ZL (power to limit profits).

(2)

See Schedule 1A for further provision about monetary penalties under

this section.

(3)

The Secretary of State may publish information about monetary

penalties imposed under this section, including information

identifying—

(a)

the persons on whom penalties were imposed,

(b)

the dates they were imposed,

(c)

the grounds for imposing them, and

(d)

their amounts.”

(2)

In section 14 (1) (grounds for cancelling registration) in paragraph (ba) (inserted

by section 13 (3) ) after “ 30ZC ” insert “or 30ZM ”.

Procedure for imposing monetary penalties

(1)

The Care Standards Act 2000 is amended as follows.

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(2)

After section 30ZM (inserted by section 16 ) insert—

“Monetary penalties: procedure etc

30ZN

Monetary penalties: procedure etc

Schedule 1A makes provision about—

(a)

monetary penalties imposed by the CIECSS under section 30ZC

, and

(b)

monetary penalties imposed by the Secretary of State under

30ZM .”

(3)

After Schedule 1 insert—

“Schedule 1A

Section 30ZN

Monetary penalties under Part 2

Interpretation

(1)

In this Schedule “monetary penalty” means—

(a)

a monetary penalty under section 30ZC ;

(b)

a monetary penalty under section 30ZM .

(2)

In this Schedule the “relevant authority” means—

(a)

in relation to a monetary penalty under section 30ZC , the

CIECSS;

(b)

in relation to a monetary penalty under section 30ZM , the

Secretary of State.

Notice of intention to impose monetary penalty

(1)

Before imposing a monetary penalty on a person, the relevant

authority must serve on the person a notice (a “notice of intention”)

stating that the relevant authority proposes to impose the penalty.

(2)

A notice of intention must—

(a)

state the reasons for the proposal to impose a penalty;

(b)

state the amount of the proposed penalty;

(c)

inform the person that the person may, before the end of

the period of 28 days beginning with the day on which the

notice is served on the person, make written representations

to the relevant authority about the proposal.

(3)

If at any time after the notice of intention is served the relevant

authority decides not to impose a monetary penalty on the person,

the relevant authority must serve on the person a notice to that

effect.

(4)

The relevant authority may not decide to impose a monetary penalty

on the person before—

Page 33

(a)

the relevant authority has considered any written

representations made before the end of the period mentioned

in sub-paragraph (2) (c) ,

(b)

the person has notified the relevant authority in writing that

they do not intend to make representations, or

(c)

the period mentioned in sub-paragraph (2) (c) has ended

without any written representations having been made.

Imposition of monetary penalty

(1)

If the relevant authority decides to impose a monetary penalty on

the person, the relevant authority must (subject to sub-paragraphs

(2) and (3) ) serve on the person a notice to that effect.

(2)

A notice imposing a penalty under section 30ZC (1) or 30ZM (penalty

for failure to comply with requirements) may not be served—

(a)

more than 6 months after the relevant authority first has

sufficient evidence to be satisfied on the balance of

probabilities that the failure to comply occurred, or

(b)

more than 3 years after the failure to comply occurred,

(whichever is earlier).

(3)

A notice imposing a penalty under section 30ZC (2) (penalty for act

or omission constituting an offence) may not be served after the

end of the period within which proceedings could be brought for

the offence in question (see section 29).

(4)

A notice imposing a penalty (a “penalty notice”) must—

(a)

state the reasons for imposing the penalty;

(b)

state the amount of the penalty;

(c)

state how the penalty may be paid;

(d)

state the period within which the penalty must be paid;

(e)

inform the person of the right to appeal under paragraph 6 ;

(f)

explain the consequences of non-payment.

(5)

The period specified under sub-paragraph (4) (d) must not be less

than 28 days beginning with the day on which the penalty notice

is served on the person.

(6)

The person must pay the penalty before the end of—

(a)

the period specified under sub-paragraph (4) (d) , or

(b)

if an appeal is brought under paragraph 6 , the period of 28

days beginning with the day on which the appeal is

withdrawn or finally determined (if the penalty notice then

has effect).

(7)

Where a penalty notice has been served on a person, the relevant

authority may cancel or vary it by serving on the person a notice

to that effect (but may not vary it so as to increase the amount of

the penalty or reduce the period within which it may be paid).

Page 34

Amount of monetary penalty

(1)

Subject to sub-paragraphs (2) to (4) , a monetary penalty may be of

any amount.

(2)

The Secretary of State may by regulations set the maximum amount

of a penalty imposed under section 30ZC (1) or 30ZM (penalty for

failure to comply with requirements).

(3)

The amount of a penalty imposed by the CIECSS under section

30ZC (2) (penalty for act or omission constituting an offence) may

not exceed the amount of the fine that may be imposed on summary

conviction for the offence in question (where that is not an unlimited

amount).

(4)

In deciding the amount of a monetary penalty, the relevant authority

must consider—

(a)

the nature and seriousness of the failure to comply, or the

act or omission, for which the penalty is to be imposed;

(b)

whether there are any mitigating or aggravating factors;

(c)

whether the person has previously failed to comply with,

or committed offences under, this Part or regulations made

under it;

(d)

the likely impact of the monetary penalty on the person.

Interest and recovery

(1)

This paragraph applies if all or part of a monetary penalty is unpaid

by the time when it is required to be paid.

(2)

The unpaid amount of the penalty for the time being carries interest

at the rate specified in section 17 of the Judgments Act 1838 (and

does not also carry interest as a judgment debt under that section).

(3)

The total amount of interest imposed must not exceed the amount

of the penalty.

(4)

The unpaid amount of the penalty and any unpaid interest may be

recovered by the relevant authority as a debt.

Right of appeal against imposition of monetary penalty

(1)

A person on whom a penalty notice has been served may appeal

to the Tribunal against the decision of the relevant authority—

(a)

to impose the penalty;

(b)

as to the amount of the penalty.

(2)

An appeal under this paragraph may not be brought after the end

of the period of 28 days beginning with the day on which the

penalty notice was served on the person.

(3)

On an appeal under this paragraph the Tribunal may—

(a)

confirm the penalty notice,

Page 35

(b)

direct that the penalty notice ceases to have effect, or

(c)

in the case of an appeal against the amount of the penalty,

vary the amount.”

(4)

In section 118 (orders and regulations), in subsection (2B) (inserted by section

14 (3) ) after paragraph (b) (inserted by section 15 (4) ) insert—

“(c)

paragraph 4 (2) of Schedule 1A .”

Information sharing

(1)

In the Care Standards Act 2000, after section 30ZN (inserted by section 17 (2)

) insert—

“Information sharing

30ZO

Information sharing

(1)

The Secretary of State may require the CIECSS to provide relevant

information to the Secretary of State for use in connection with the

Secretary of State’s functions under this Part.

(2)

The CIECSS may otherwise provide relevant information to the

Secretary of State for use in connection with those functions.

(3)

The Secretary of State may provide relevant information to the CIECSS

for use in connection with the CIECSS’s functions under this Part.

(4)

“Relevant information” means information held by a person in

connection with their functions under this Part.

(5)

The Secretary of State may provide financial oversight information to

the Care Quality Commission for use in connection with the

Commission’s functions under sections 54 to 56 of the Care Act 2014.

(6)

“Financial oversight information” means information held by the

Secretary of State in connection with the Secretary of State’s functions

under sections 30ZE to 30ZJ .

(7)

This section does not limit the circumstances in which information

may be disclosed apart from this section.

(8)

Except as provided by subsection (9) , a disclosure of information

authorised by or required under this section does not breach—

(a)

any obligation of confidence owed by the person making the

disclosure, or

(b)

any other restriction on the disclosure of information (however

imposed).

(9)

This section does not authorise or require the processing of information

if the processing would contravene the data protection legislation (but

in determining whether it would do so, take into account the powers

conferred and duties imposed by this section).

Page 36

(10)

In this section, “the data protection legislation” and “processing” have

the same meaning as in section 3 of the Data Protection Act 2018.”

(2)

In the Care Act 2014, after section 56 insert—

“56A

Provision of information to the Secretary of State

(1)

The Care Quality Commission may provide market oversight

information to the Secretary of State for use in connection with the

Secretary of State’s functions under sections 30ZE to 30ZJ of the Care

Standards Act 2000.

(2)

“Market oversight information” means information held by the

Commission in connection with its functions under sections 54 to 56.

(3)

Except as provided for by subsection (4) , a disclosure of information

authorised by subsection (1) does not breach—

(a)

any obligation of confidence owed by the person making the

disclosure, or

(b)

any other restriction on the disclosure of information (however

imposed).

(4)

Subsection (1) does not authorise the processing of information if the

processing would contravene the data protection legislation (but in

determining whether it would do so, take into account the power

conferred by that subsection).

(5)

In this section, “the data protection legislation” and “processing” have

the same meaning as in section 3 of the Data Protection Act 2018.”

Care workers

Use of agency workers for children’s social care work

After section 32 of the Children and Social Work Act 2017 insert—

“Children’s social care: use of agency workers

32A

Use of agency workers for children’s social care work

(1)

The Secretary of State may by regulations impose requirements on

English local authorities about the use of agency workers in connection

with the children’s social care functions of those authorities.

(2)

An “agency worker” is an individual—

(a)

who is supplied by a person (the “agent”) to do work for

another person (a “principal”) under arrangements between

the agent and the principal, and

(b)

who is not, as respects that work, a worker of the principal

because of the absence of a worker’s contract between the

individual and the principal.

Page 37

(3)

The children’s social care functions of an English local authority are

its functions under any legislation specified in Schedule 1 to the Local

Authority Social Services Act 1970, so far as those functions relate to

persons under the age of 18.

(4)

The regulations may, in particular—

(a)

require that agency workers used in connection with the

children’s social care functions of an English local authority

meet specified requirements;

(b)

make provision about the way in which such agency workers

may be managed;

(c)

make provision about the terms on which such agency workers

may be supplied to English local authorities (including the

amounts which may be paid under such arrangements).

(5)

Before making the regulations, the Secretary of State must consult

such persons as the Secretary of State considers appropriate.

(6)

Regulations under this section are subject to the affirmative resolution

procedure.

(7)

In this section—

“English local authority” means—

(a)

a county council in England;

(b)

a district council;

(c)

a London borough council;

(d)

the Common Council of the City of London (in their

capacity as a local authority);

(e)

the Council of the Isles of Scilly;

(f)

a combined authority established under section 103 of

the Local Democracy, Economic Development and

Construction Act 2009;

“worker” and “worker’s contract” have the same meanings as in

the Employment Rights Act 1996 (see section 230(3) of that

Act).”

Ill-treatment or wilful neglect: children aged 16 and 17

(1)

The Criminal Justice and Courts Act 2015 is amended as follows.

(2)

In section 20 (ill-treatment or wilful neglect: care worker offence)—

(a)

in subsection (3)—

(i)

omit “or” after paragraph (a);

(ii)

after paragraph (b) insert “or

“(c)

care or support for a child aged 16 or 17 at a

regulated establishment,”;

(b)

after subsection (6) insert—

“(6A)

“Regulated establishment” means—

Page 38

(a)

a children’s home in England as defined by section 1

of the Care Standards Act 2000;

(b)

a residential family centre in England as defined by

section 4 of that Act;

(c)

an establishment in England providing accommodation

in respect of which requirements under Part 2 of the

Care Standards Act 2000 are applied by virtue of

regulations under section 42 of that Act (power to

extend application of Part 2 of that Act);

(d)

youth detention accommodation in England as defined

by section 248(1) of the Sentencing Act 2020;

(e)

a place in Wales at which a care home service or a

residential family centre service, as defined by Schedule

1 to the Regulation and Inspection of Social Care (Wales)

Act 2016 (anaw 2), is provided;

(f)

a place in Wales at which accommodation is provided

to disabled children and which is notified to the Welsh

Ministers in accordance with regulations under section

2 of that Act;

(g)

youth detention accommodation in Wales as defined

by section 188(1) of the Social Services and Well-being

(Wales) Act 2014 (anaw 4).”;

(c)

in subsection (7) after “social care” insert “, or care or support at a

regulated establishment,”.

(3)

In section 21 (ill-treatment or wilful neglect: care provider offence)—

(a)

in subsection (2)(a), for the words after “the provision of” to the end

substitute “regulated care, or”;

(b)

after subsection (2) insert—

“(2A)

“Regulated care” means—

(a)

health care for an adult or child, other than excluded

health care,

(b)

social care for an adult, or

(c)

care or support for a child aged 16 or 17 provided at a

regulated establishment.”;

(c)

in subsection (3)—

(i)

in paragraph (b) for “health care or social care as part of health

care or social care” substitute “regulated care as part of such

care”;

(ii)

in the words after that paragraph for “health care or social

care”, at both places where those words appear, substitute

“regulated care”;

(d)

in subsection (4) for “health care or social care” substitute “regulated

care”;

(e)

in subsection (7)(a), for “health care or social care” substitute “regulated

care”;

Page 39

(f)

in subsection (8), for “health care or social care” substitute “regulated

care”;

(g)

in subsection (9), in the second definition, after ““health care”” insert

“, “regulated establishment””.

(4)

In section 25 (care provider offence: liability for ancillary and other offences)—

(a)

in subsection (4)—

(i)

omit “or” after paragraph (a);

(ii)

after paragraph (b) insert “, or

“(c)

the provision of care or support for an individual

aged 16 or 17 at a regulated establishment.”;

(b)

in subsection (5), in the second definition, after ““health care”” insert

“, “regulated establishment””.

Corporate parenting

Corporate parenting responsibilities

(1)

It is the duty of every relevant authority when exercising its functions—

(a)

to be alert to matters which adversely affect, or might adversely affect,

the wellbeing of looked-after children and relevant young people;

(b)

to assess what services or support provided by the authority are or

may be available for looked-after children and relevant young people;

(c)

to seek to provide opportunities for looked-after children and relevant

young people to participate in activities designed to promote their

wellbeing or enhance their employment prospects;

(d)

to take such action as the authority considers appropriate to help

looked-after children and relevant young people—

(i)

to make use of services, and access support, provided by the

authority, and

(ii)

to access opportunities provided by the authority in pursuance

of paragraph (c) .

(2)

The duty imposed by subsection (1) —

(a)

applies to a relevant authority only so far as compliance with the

duty—

(i)

is consistent with the proper exercise of its functions, and

(ii)

is reasonably practicable, and

(b)

does not apply as mentioned in section 22 .

(3)

“Relevant authority” means a person listed, or within a description listed, in

Part 1 of Schedule 1 .

(4)

“Looked-after child” means a person aged under 18 who is—

(a)

looked after by a local authority for the purposes of the Children Act

1989, the Social Services and Well-being (Wales) Act 2014 (anaw 4) or

the Children (Scotland) Act 1995, or

Page 40

(b)

looked after by an authority for the purposes of the Children (Northern

Ireland) Order 1995 (S.I. 1995/755 (N.I. 2)).

(5)

“Relevant young person” means a person who—

(a)

is aged 16 or over but under 25, and

(b)

was a looked-after child on their 16th birthday or at any subsequent

time but is no longer a looked-after child.

Cases in which duty under

(1)

The duty under section 21 (1) does not apply in relation to the exercise of—

(a)

any function of the Secretary of State in relation to immigration, asylum

or nationality, or

(b)

any general customs function of the Secretary of State.

(2)

In subsection (1) (b) , “general customs function” has the same meaning as in

Part 1 of the Borders, Citizenship and Immigration Act 2009 (see section 1(8)

of that Act).

(3)

The duty under section 21 (1) does not apply in relation to—

(a)

the exercise of a function in or as regards Scotland to the extent that

the function could be conferred by provision that would be within

the legislative competence of the Scottish Parliament if it were

contained in an Act of that Parliament (see section 29 of the Scotland

Act 1998);

(b)

the exercise of a function in relation to Wales to the extent that the

function could be conferred by provision that would be within the

legislative competence of Senedd Cymru if it were contained in an

Act of the Senedd (see section 108A of the Government of Wales Act

2006);

(c)

the exercise of a function in or as regards Northern Ireland to the

extent that the function could be conferred by provision that—

(i)

would be within the legislative competence of the Northern

Ireland Assembly if it were contained in an Act of the Assembly

(see section 6 of the Northern Ireland Act 1998), and

(ii)

would not, if it were contained in a Bill in the Northern Ireland

Assembly, result in the Bill requiring the consent of the

Secretary of State under section 8 of that Act.

Corporate parenting duty: collaborative working

(1)

Relevant authorities and local authorities in England must, so far as reasonably

practicable, collaborate with each other when performing their corporate

parenting duty where they consider that doing so would safeguard or promote

the wellbeing of looked-after children or relevant young people.

(2)

In subsection (1) , “corporate parenting duty” means—

(a)

in the case of a relevant authority, the duty under section 21 (1) ;

Page 41

(b)

in the case of a local authority in England, the duty under section 1(1)

of the Children and Social Work Act 2017.

(3)

Collaboration under subsection (1) may in particular include—

(a)

sharing information;

(b)

providing advice or assistance;

(c)

co-ordinating activities (and seeking to prevent unnecessary

duplication).

(4)

Subsection (1) is not to be read as—

(a)

requiring or authorising the processing of information if the processing

would contravene the data protection legislation (but in determining

whether the processing would do so, take the duty under subsection

(1) into account);

(b)

requiring or authorising a disclosure of information which is prohibited

by any of Parts 1 to 7 or Chapter 1 of Part 9 of the Investigatory

Powers Act 2016.

(5)

In this section—

“local authority in England” has the same meaning as in section 1 of the

Children and Social Work Act 2017;

“processing” and “the data protection legislation” have the meaning

given by the Data Protection Act 2018 (see section 3(4) and (9) of that

Act);

“relevant authority” , “looked-after children” and “relevant young people”

have the same meaning as in section 21 .

(6)

In section 1 of the Children and Social Work Act 2017, after subsection (4)

insert—

“(5)

See also section 23 of the Children’s Wellbeing and Schools Act 2025,

which requires local authorities in England to collaborate with other

bodies in performing their respective corporate parenting duties.”

Duty to have regard to guidance

(1)

A relevant authority must have regard to any guidance given by the Secretary

of State as to the performance of the duty under section 21 (1) .

(2)

Guidance for the purposes of this section may in particular include guidance

about—

(a)

how the duty under section 21 (1) applies in relation to a particular

relevant authority or to relevant authorities of a particular description;

(b)

outcomes which a relevant authority should seek to achieve in

performing the duty.

(3)

Before giving guidance, the Secretary of State must consult—

(a)

those relevant authorities to which the guidance relates, and

(b)

such other persons as the Secretary of State considers appropriate.

(4)

In this section, “relevant authority” has the same meaning as in section 21 .

Page 42

Reports by Secretary of State

(1)

The Secretary of State must, after the end of each relevant three-year period,

lay before Parliament a report on how the Secretary of State has performed

the duty under section 21 (1) during that period.

(2)

In subsection (1) , “relevant three-year period” means—

(a)

the period of three years beginning with the day on which this section

comes into force, and

(b)

each subsequent period of three years.

Employment of children

Employment of children in England and Wales

(1)

The Children and Young Persons Act 1933 is amended as follows.

(2)

For section 18 substitute—

“18

Restrictions on employment of children

(1)

A child may not be employed to work—

(a)

so long as the child is under the age of 14 (subject to

regulations under subsection (2) );

(b)

to do any work other than light work;

(c)

to do work of a description specified in regulations made by

the appropriate national authority;

(d)

before 7.00 a.m. or after 8.00 p.m. on any day;

(e)

on any day on which the child is required to attend school—

(i)

for more than one hour before the start of school hours,

(ii)

during school hours, or

(iii)

for more than two hours in total in the day;

(f)

for more than 12 hours in any week in which the child is

required to attend school;

(g)

for more than eight hours or, if the child is under 15, for more

than five hours in any day on which the child is not required

to attend school;

(h)

for more than 35 hours or, if the child is under 15, for more

than 25 hours in any week in which the child is not required

to attend school;

(i)

for more than four hours in any day without a break of one

hour;

(j)

at any time in a year unless at that time a person employing

the child is satisfied that the child has had, or could still have,

a period of at least two consecutive weeks without employment

during a period in the year in which the child is not required

to attend school.

Page 43

(2)

The appropriate national authority may by regulations authorise the

employment of children aged 13 to do specified descriptions of light

work.

(3)

A child may not be employed to work except in accordance with a

permit (a “child employment permit”) granted by a local authority on

an application made in accordance with regulations made by the

appropriate national authority.

(4)

The appropriate national authority may by regulations—

(a)

make provision in relation to child employment permits;

(b)

provide that subsection (3) does not apply in specified cases

or circumstances;

(c)

make provision about the keeping of records.

(5)

The provision that may be made in reliance on subsection (4) (a)

includes provision—

(a)

authorising a local authority to request such information as the

authority considers appropriate, or to require a child to have

a medical examination, for the purpose of enabling the

authority to determine an application;

(b)

requiring a local authority to have regard to specified matters

when determining an application;

(c)

for the grant of a child employment permit subject to conditions

determined by a local authority;

(d)

requiring a child employment permit to contain specified

information;

(e)

authorising a local authority to vary, suspend or revoke a child

employment permit in specified circumstances;

(f)

about appeals against—

(i)

a decision to reject an application, or

(ii)

the revocation of a child employment permit;

(g)

imposing requirements on persons employing children

(including requirements to produce child employment permits

for inspection);

(h)

requiring or authorising a local authority, in specified

circumstances, to disclose information about a child

employment permit to another local authority in England or

Wales or to a local authority in Scotland.

(6)

The appropriate national authority may by regulations make provision

(subject to subsection (1) and regulations under subsection (2) )—

(a)

specifying the number of hours in each day, or in each week,

for which children may be employed, and the times of day at

which they may be employed;

(b)

specifying the intervals to be allowed to children for meals and

breaks, when in employment;

(c)

about entitlement to leave;

Page 44

(d)

specifying other conditions to be met in relation to the

employment of children.

(7)

Nothing in this section, or in regulations made under any provision

of this section, prevents a child from doing anything—

(a)

under the authority of a licence granted under this Part, or

(b)

in a case where by virtue of subsection (3) of section 37 of the

Children and Young Persons Act 1963 no licence under that

section is required for the child to do it.

(8)

In this section—

“appropriate national authority” means—

(a)

in relation to England, the Secretary of State;

(b)

in relation to Wales, the Welsh Ministers;

“light work” means work which, on account of the inherent nature

of the tasks which it involves and the particular conditions

under which they are performed—

(a)

is not likely to be harmful to the safety, health or

development of children, and

(b)

is not such as to be harmful to their education (through

attendance at school or otherwise) as required by section

7 of the Education Act 1996 or to their participation in

work experience in accordance with section 560 of that

Act , or their capacity to benefit from the education

received or the experience gained (as the case may be);

“local authority in Scotland” means a council constituted under

section 2 of the Local Government etc. (Scotland) Act 1994 ;

“specified” , in relation to regulations made under any provision

of this section, means specified in the regulations;

“week” means any period of seven consecutive days;

“year” means a period of 12 months beginning with 1 January.

18A

Regulations under

(1)

Regulations under section 18 may—

(a)

make different provision for different purposes or areas;

(b)

make provision subject to exceptions;

(c)

make transitional or saving provision.

(2)

Except as provided by subsection (3) , regulations under section 18

may provide for the processing of information in accordance with the

regulations not to be in breach of—

(a)

any obligation of confidence owed by the person processing

the information, or

(b)

any other restriction on the processing of information (however

imposed).

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(3)

Regulations under section 18 are not to be read as requiring or

authorising the processing of information that would contravene the

data protection legislation (but in determining whether particular

processing of data would do so, take into account the duty imposed

or power conferred by the provision of the regulations in question).

(4)

Regulations under section 18 are to be made by statutory instrument.

(5)

A statutory instrument containing regulations made by the Secretary

of State under section 18 is subject to annulment in pursuance of a

resolution of either House of Parliament.

(6)

A statutory instrument containing regulations made by the Welsh

Ministers under section 18 is subject to annulment in pursuance of a

resolution of Senedd Cymru.

(7)

In this section “the data protection legislation” and “processing” have

the same meaning as in the Data Protection Act 2018 (see section 3 of

that Act).”

(3)

In section 21 (penalties and legal proceedings in respect of general provisions

as to employment), in subsection (1), after “byelaw” insert “or regulations”.

(4)

In section 28 (powers of entry), in subsection (1), after “byelaw” insert “or

regulations”.

(5)

In section 30 (interpretation), in subsection (1), after “byelaws” insert “or

regulations”.

(6)

In Schedule 36A to the Education Act 1996 , in the table, omit the entry for

section 18 of the Children and Young Persons Act 1933 (including the title

of that Act).

(7)

In Part 2 of Schedule 1 to the Local Government Byelaws (Wales) Act 2012

(anaw 2), in the table, in the English language and Welsh language texts, omit

the entry that relates to byelaws made under section 18 of the Children and

Young Persons Act 1933 (referred to as “adran 18 o Ddeddf Plant a Phobl

Ifanc 1933” in the Welsh language text).

Employment of children in Scotland

(1)

The Children and Young Persons (Scotland) Act 1937 is amended as follows.

(2)

For section 28 substitute—

“28

Restrictions on employment of children

(1)

A child may not be employed to work—

(a)

so long as the child is under the age of 14 (subject to

regulations under subsection (2) );

(b)

to do any work other than light work;

(c)

to do work of a description specified in regulations made by

the Scottish Ministers;

(d)

before 7.00 a.m. or after 8.00 p.m. on any day;

Page 46

(e)

on any day on which the child is required to attend school—

(i)

for more than one hour before the start of school hours,

(ii)

during school hours, or

(iii)

for more than two hours in total in the day;

(f)

for more than 12 hours in any week in which the child is

required to attend school;

(g)

for more than eight hours or, if the child is under 15, for more

than five hours in any day on which the child is not required

to attend school;

(h)

for more than 35 hours or, if the child is under 15, for more

than 25 hours in any week in which the child is not required

to attend school;

(i)

for more than four hours in any day without a break of one

hour;

(j)

at any time in a year unless at that time a person employing

the child is satisfied that the child has had, or could still have,

a period of at least two consecutive weeks without employment

during a period in the year in which the child is not required

to attend school.

(2)

The Scottish Ministers may by regulations authorise the employment

of children aged 13 to do specified descriptions of light work.

(3)

A child may not be employed to work except in accordance with a

permit (a “child employment permit”) granted by a local authority on

an application made in accordance with regulations made by the

Scottish Ministers.

(4)

The Scottish Ministers may by regulations—

(a)

make provision in relation to child employment permits;

(b)

provide that subsection (3) does not apply in specified cases

or circumstances;

(c)

make provision about the keeping of records.

(5)

The provision that may be made in reliance on subsection (4) (a)

includes provision—

(a)

authorising a local authority to request such information as the

authority considers appropriate, or to require a child to have

a medical examination, for the purpose of enabling the

authority to determine an application;

(b)

requiring a local authority to have regard to specified matters

when determining an application;

(c)

for the grant of a child employment permit subject to conditions

determined by a local authority;

(d)

requiring a child employment permit to contain specified

information;

(e)

authorising a local authority to vary, suspend or revoke a child

employment permit in specified circumstances;

Page 47

(f)

about appeals against—

(i)

a decision to reject an application, or

(ii)

the revocation of a child employment permit;

(g)

imposing requirements on persons employing children

(including requirements to produce child employment permits

for inspection);

(h)

requiring or authorising a local authority, in specified

circumstances, to disclose information about a child

employment permit to another local authority in Scotland, to

a local authority in England or to a local authority in Wales.

(6)

The Scottish Ministers may by regulations make provision (subject to

subsection (1) and regulations under subsection (2) )—

(a)

specifying the number of hours in each day, or in each week,

for which children may be employed, and the times of day at

which they may be employed;

(b)

specifying the intervals to be allowed to children for meals and

breaks, when in employment;

(c)

about entitlement to leave;

(d)

specifying other conditions to be met in relation to the

employment of children.

(7)

Nothing in this section, or in regulations made under any provision

of this section, prevents a child from doing anything—

(a)

under the authority of a licence granted under this Part, or

(b)

in a case where by virtue of subsection (3) of section 37 of the

Children and Young Persons Act 1963 no licence under that

section is required for the child to do it.

(8)

In this section—

“light work” means work which, on account of the inherent nature

of the tasks which it involves and the particular conditions

under which they are performed—

(a)

is not likely to be harmful to the safety, health or

development of children, and

(b)

is not such as to be harmful to their education (through

attendance at school or otherwise) as required by section

30 of the Education (Scotland) Act 1980 or to their

participation in work experience in accordance with

section 123 of that Act , or their capacity to benefit from

the education received or the experience gained (as the

case may be);

“local authority in England” and “local authority in Wales” have

the same meaning as in the Education Act 1996 (see section

579(1) of that Act);

“specified” , in relation to regulations made under any provision

of this section, means specified in the regulations;

“week” means any period of seven consecutive days;

Page 48

“year” means a period of 12 months beginning with 1 January.

28A

Regulations under

(1)

Regulations under section 28 may—

(a)

make different provision for different purposes or areas;

(b)

make provision subject to exceptions;

(c)

make transitional or saving provision.

(2)

Except as provided by subsection (3) , regulations under section 28

may provide for the processing of information in accordance with the

regulations not to be in breach of—

(a)

any obligation of confidence owed by the person processing

the information, or

(b)

any other restriction on the processing of information (however

imposed).

(3)

Regulations under section 28 are not to be read as requiring or

authorising the processing of information that would contravene the

data protection legislation (but in determining whether particular

processing of data would do so, take into account the duty imposed

or power conferred by the provision of the regulations in question).

(4)

Regulations under section 28 are subject to the negative procedure

(see Part 2 of the Interpretation and Legislative Reform (Scotland) Act

2010 (asp 10)).

(5)

In this section “the data protection legislation” and “processing” have

the same meaning as in the Data Protection Act 2018 (see section 3 of

that Act).”

(3)

In section 31 (penalties and legal proceedings in respect of general provisions

as to employment), in subsection (1), after “byelaw” insert “or regulations”.

(4)

In section 35 (confirmation of byelaws), in subsection (1), for “Secretary of

State” substitute “Scottish Ministers”.

(5)

In section 36 (powers of entry), in subsection (1), after “byelaw” insert “or

regulations”.

(6)

In section 37 (interpretation), after “byelaws” insert “or regulations”.

(7)

In section 38 (savings)—

(a)

omit subsection (3) ;

(b)

in subsection (4) , for “The said provisions” substitute “The provisions

of this Part relating to employment”.

(8)

In section 110 (1) (interpretation), omit the definitions of “borstal institution”

and “residential establishment”.

Page 49

Part 2

Schools

Breakfast clubs etc

Free breakfast club provision in primary schools in England

After section 551A of the Education Act 1996 insert—

“Breakfast clubs

551B

Free breakfast club provision in primary schools in England

(1)

The appropriate authority of a relevant school in England must secure

that breakfast club provision is available, free of charge, for all

qualifying primary pupils at the school.

(2)

“Breakfast club provision” means—

(a)

the provision of childcare for a period of at least 30 minutes

ending immediately before the start of the first school session

on each school day, and

(b)

the provision of breakfast before the start of the first school

session on each school day.

(3)

The references in subsection (2) to the provision of childcare and

breakfast are to their provision on the school premises or on suitable

premises in the vicinity of the school premises.

(4)

The duty under subsection (1) does not apply in relation to a relevant

school on any school day in which—

(a)

there is only one school session, and

(b)

that session begins in the afternoon.

(5)

Food and drink provided pursuant to subsection (2) (b) may, subject

to the applicable food standards duty, take such form as the

appropriate authority thinks fit.

(6)

In this section and sections 551C and 551D —

“the appropriate authority” means—

(a)

in relation to an Academy school, an alternative

provision Academy or a non-maintained special school,

the proprietor;

(b)

in relation to a maintained school, the governing body;

(c)

in relation to a pupil referral unit, the local authority

which maintains the unit;

“qualifying primary pupil” , in relation to a relevant school, means

a junior pupil who is a registered pupil at the school and—

(a)

is of compulsory school age, or

Page 50

(b)

is not of compulsory school age but is in reception at

the school;

“relevant school” means—

(a)

an Academy school,

(b)

an alternative provision Academy,

(c)

a maintained school,

(d)

a non-maintained special school, or

(e)

a pupil referral unit,

other than where established in a hospital.

(7)

In this section—

“the applicable food standards duty” means—

(a)

the duty imposed by section 114A(4) of SSFA 1998

(including as applied in relation to a non-maintained

special school by regulations under section 342(4)(a) of

this Act), or

(b)

in relation to an Academy school or an alternative

provision Academy, a duty contained in Academy

arrangements relating to the school that is equivalent

to the duty imposed by section 114A(4) of SSFA 1998

(see section 512C of this Act);

“childcare” has the meaning given by section 18 of the Childcare

Act 2006 ;

“maintained school” means—

(a)

a community, foundation or voluntary school, or

(b)

a community or foundation special school;

“non-maintained special school” has the meaning given by section

337A;

“reception” means a year group in which the majority of children

will, in the school year, attain the age of 5;

“SSFA 1998” means the School Standards and Framework Act

1998.

551C

Power to exempt schools from duty under

(1)

The Secretary of State may, on an application made by the appropriate

authority of a relevant school, by notice given to the appropriate

authority designate the school as one to which the duty under section

551B (1) does not apply.

(2)

Before making an application under subsection (1) , the appropriate

authority of a relevant school must consult—

(a)

parents of qualifying primary pupils at the school, and

(b)

the local authority for the area in which the school is situated.

(3)

An application under subsection (1) must be made in accordance with

such requirements as may be prescribed.

Page 51

(4)

The Secretary of State may designate a relevant school under subsection

(1) only if satisfied that requiring the appropriate authority to discharge

the duty under section 551B (1) —

(a)

would seriously prejudice the efficient use of resources, or

(b)

would be contrary to the best interests of qualifying primary

pupils at the school,

having regard to the particular circumstances of the school or of

qualifying primary pupils at the school or any other relevant factor.

(5)

A designation under subsection (1) has effect for the period specified

in the notice under that subsection (and the period may be indefinite).

(6)

A designation under subsection (1) may be varied or revoked by a

further designation.

(7)

The Secretary of State must—

(a)

keep a list of relevant schools in relation to which a designation

under subsection (1) has effect, and

(b)

make the list publicly available.

551D

Guidance in connection with breakfast club provision

(1)

The Secretary of State must issue guidance to the appropriate

authorities of relevant schools in England with respect to—

(a)

the discharge of the duty imposed on those appropriate

authorities by section 551B (1) ;

(b)

applications for a designation under section 551C (1) ;

(c)

the exercise by the Secretary of State of the power conferred

by section 551C (1) .

(2)

The appropriate authority of a relevant school in England must have

regard to guidance issued under this section in connection with—

(a)

the discharge of the duty under section 551B (1) ;

(b)

the making of an application for a designation under section

551C (1) .

(3)

The Secretary of State may from time to time revise guidance issued

under this section.”

Food and drink provided at Academies

(1)

In section 512B of the Education Act 1996 (provision of school lunches:

Academies), after subsection (3) insert—

“(4)

Subsections (1) and (3) apply to an agreement under section 482 in

relation to a city technology college or a city college for the technology

of the arts as they apply to Academy arrangements in relation to an

Academy school or an alternative provision Academy.”

Page 52

(2)

After section 512B of the Education Act 1996 insert—

“512C

School food standards: Academies

(1)

Academy arrangements in relation to an Academy school or an

alternative provision Academy must include—

(a)

provision imposing requirements relating to food or drink

provided for registered pupils that are equivalent to the

requirements prescribed by regulations under section 114A (1)

of the School Standards and Framework Act 1998 (food and

drink provided on premises of maintained schools etc), and

(b)

provision imposing duties on the proprietor that are equivalent

to the duties imposed by section 114A (4) and (6) of that Act

on a local authority or the governing body of a school

maintained by a local authority.

(2)

Subsection (1) applies only to the extent that the provision mentioned

there is not already required to be included in Academy arrangements

by section 512B.

(3)

Academy arrangements in relation to an Academy (other than a 16 to

19 Academy) that are entered into before the day on which section 29

of the Children’s Wellbeing and Schools Act 2025 comes into force

are to be treated as if they included the provision required by

subsection (1) , to the extent that they do not otherwise include such

provision.

(4)

Subsections (1) and (3) apply to an agreement under section 482 in

relation to a city technology college or a city college for the technology

of the arts as they apply to Academy arrangements in relation to an

Academy school or an alternative provision Academy.”

School uniforms

School uniforms: limits on branded items

(1)

The Education Act 1996 is amended as follows.

(2)

In the italic heading before section 551A, omit “Costs of”.

(3)

After that italic heading insert—

“551ZA

School uniforms: limits on branded items

(1)

The appropriate authority of a relevant school in England—

(a)

may not require a primary pupil at the school to have more

than three different branded items of school uniform for use

during a school year;

(b)

may not require a secondary pupil at the school to have more

than three different branded items of school uniform for use

during a school year (or more than four different branded items

of school uniform if one of those items is a tie).

Page 53

(2)

Where the relevant school is a middle school, the limits mentioned in

subsection (1) (b) apply in relation to all pupils at that school.

(3)

For the purposes of subsection (1) , a pupil is required to have a

branded item of school uniform for use during a school year if the

pupil is required to have it—

(a)

for general use at school (or for travelling to or from school)

during that year, or

(b)

to participate in any lesson, club, activity or event facilitated

by the school during that year.

(4)

“School uniform” means a bag and any clothing required for school

or for any lesson, club, activity or event facilitated by the school.

(5)

An item of school uniform is “branded” if—

(a)

it has the school name or school logo (or for an Academy, the

school or proprietor’s name or logo) on or attached to it, or

(b)

as a result of its colour, design, fabric or other distinctive

characteristic, it is only available from particular suppliers.

(6)

In this section—

“the appropriate authority” means—

(a)

in relation to an Academy school, an alternative

provision Academy, a non-maintained special school,

a city technology college or a city college for the

technology of the arts, the proprietor;

(b)

in relation to a maintained school, the governing body;

(c)

in relation to a pupil referral unit, the local authority;

“relevant school” means—

(a)

an Academy school,

(b)

an alternative provision Academy,

(c)

a maintained school,

(d)

a non-maintained special school,

(e)

a pupil referral unit, or

(f)

a city technology college or a city college for the

technology of the arts,

other than where established in a hospital;

“primary pupil” means a pupil receiving primary education (or

receiving education that would be primary education if it were

full-time education);

“secondary pupil” means a pupil receiving secondary education

(or receiving education that would be secondary education if

it were full-time education);

“maintained school” means—

(a)

a community, foundation or voluntary school, or

(b)

a community or foundation special school;

“non-maintained special school” has the meaning given by section

337A.”

Page 54

(4)

In section 551A (guidance about the costs of school uniforms: England), for

subsections (5) and (6) substitute—

“(5)

In this section “the appropriate authority” and “relevant school” have

the same meanings as in section 551ZA .”

Children not in school

Local authority consent for withdrawal of certain children from school

After section 434 of the Education Act 1996 insert—

“Local authority consent for withdrawal of certain children from school

434A

Local authority consent for withdrawal of certain children from school

(1)

A parent of a relevant child must obtain the consent of the relevant

local authority to withdraw the child from school if the parent

intends—

(a)

that the child should cease to attend the school at which the

child is a registered pupil, and

(b)

to withdraw the child from school for the purpose of causing

the child to receive education otherwise than at school.

(2)

A child is a “relevant child” for the purposes of this section if—

(a)

the child is of compulsory school age,

(b)

the child is a registered pupil at a school, and

(c)

condition A or condition B is met in respect of the child.

(3)

Condition A is that the child became a registered pupil under

arrangements made by a local authority at—

(a)

a special school within the meaning of section 337, or

(b)

an independent school within the meaning of section 463

which—

(i)

in the case of a school in England, is specially organised

to make special educational provision for pupils with

special educational needs;

(ii)

in the case of a school in Wales, is wholly or mainly

concerned with providing full-time education to persons

for whom an individual development plan is

maintained.

(4)

Condition B is that a local authority is—

(a)

conducting enquiries under section 47 of the Children Act 1989

(duty to investigate) in respect of the child, or

(b)

taking action under section 47(8) of that Act to safeguard or

promote the child's welfare, in a case where the enquiries

mentioned in paragraph (a) have led the local authority to

conclude that the child is suffering, or is likely to suffer,

Page 55

significant harm (within the meaning of section 31(9) and (10)

of that Act).

(5)

Where the proprietor of a school is notified by a parent of a child who

is a registered pupil at the school that the parent intends to withdraw

the child from school for the purpose of causing the child to receive

education otherwise than at school, the proprietor must notify—

(a)

the local authority responsible for the area in which the school

is located, and

(b)

the local authority responsible for the child, if different from

the local authority mentioned in paragraph (a) .

(6)

If a parent of a relevant child applies to the relevant local authority

for consent to withdraw the child from school for the purpose of

causing the child to receive education otherwise than at school, the

authority—

(a)

must decide without undue delay whether to grant consent,

and

(b)

must refuse consent if the local authority considers—

(i)

that it would be in the child's best interests to receive

education by regular attendance at school, or

(ii)

that no suitable arrangements have been made for the

education of the child otherwise than at school,

but otherwise must grant consent.

(7)

An application mentioned in subsection (6) may also be made by the

proprietor of a school at which the relevant child is a registered pupil,

on behalf of the child’s parent, and with the consent of the parent.

(8)

The relevant local authority must serve notice of the decision under

subsection (6) on—

(a)

the parent who made the application, or on whose behalf the

application was made,

(b)

any other parent of the child, where contact details of that

parent are known, unless exceptional circumstances apply, and

(c)

the proprietor of a school at which the relevant child is a

registered pupil.

(9)

Regulations under section 434—

(a)

must provide that, where consent of the relevant local authority

is required under subsection (1) in respect of a relevant child,

the proprietor of a school must not allow the deletion from the

school’s register of the name of that child unless the proprietor

receives notice that the relevant local authority has granted

consent under this section in respect of that child, and

(b)

may make provision to require the proprietor of a school to

arrange to take, or not to take, any other steps specified in the

regulations in relation to the registration of a registered pupil

Page 56

at the school where a relevant local authority has granted or

refused consent under subsection (6) .

(10)

If a parent is aggrieved by a decision of the relevant local authority

to grant consent under subsection (6) —

(a)

the parent may refer the question to—

(i)

the Secretary of State, in relation to a local authority in

England, and

(ii)

the Welsh Ministers, in relation to a local authority in

Wales, and

(b)

the Secretary of State or the Welsh Ministers (as the case may

be) may—

(i)

uphold the decision of the local authority, or

(ii)

refer the question back to the local authority to

determine.

(11)

If a parent is aggrieved by a decision of the relevant local authority

to refuse consent under subsection (6) —

(a)

the parent may refer the question to—

(i)

the Secretary of State, in relation to a local authority in

England, and

(ii)

the Welsh Ministers, in relation to a local authority in

Wales, and

(b)

the Secretary of State or the Welsh Ministers (as the case may

be) may—

(i)

give such direction determining the question as the

Secretary of State considers, or the Welsh Ministers

consider, appropriate, or

(ii)

refer the question back to the local authority to

determine.

(12)

If a subsequent application is made in relation to a relevant child in

respect of whom the relevant local authority has previously refused

consent under subsection (6) , the authority is only required to make

a new decision under subsection (6) (a) if a period of 6 months has

elapsed since the date of the previous application.

(13)

In this section, a “relevant local authority”, in relation to a relevant

child, means—

(a)

where the child is a relevant child as a result of condition A

(but not condition B) being met in respect of the child, the local

authority that made the arrangements mentioned in subsection

(3) ;

(b)

where the child is a relevant child as a result of condition B

(but not condition A) being met in respect of the child, the

local authority conducting enquiries or taking action as

mentioned in subsection (4) ;

(c)

where the child is a relevant child as a result of conditions A

and B being met in respect of the child, the local authority

Page 57

conducting enquiries or taking action as mentioned in

subsection (4) .”

Registration

(1)

The Education Act 1996 is amended as follows.

(2)

After section 436A insert—

“Children not in school

436B

Duty to register children not in school

(1)

A local authority must maintain a register of children who are eligible

to be registered by the authority under this section.

(2)

A child is eligible to be registered by a local authority under this

section if conditions A to C are met.

(3)

Condition A is that the child lives in the authority’s area.

(4)

Condition B is that the child is of compulsory school age.

(5)

Condition C is that—

(a)

the child is not a registered pupil or a student registered at a

relevant school,

(b)

the child is a registered pupil or a student registered at a

relevant school but the proprietor of the school has arranged

or agreed that—

(i)

the child will receive education otherwise than at that

or any other relevant school, and

(ii)

the child will be absent for some or all of the time when

the child would normally be expected to attend the

relevant school, or

(c)

the child is a student registered at a relevant school falling

within subsection (7) (d) but attends that school on a part-time

basis, and is not also a registered pupil or a student registered

at a different relevant school.

(6)

Regulations may make provision—

(a)

for cases where a child is to be regarded as falling or not falling

within subsection (5) (b) or (c) ;

(b)

for cases where a child falling within subsection (5) (b) or (c)

is not to be regarded as eligible for registration under this

section.

(7)

In this section “relevant school” means—

(a)

a school maintained by a local authority,

(b)

a non-maintained special school (within the meaning given by

section 337A),

(c)

an Academy school or alternative provision Academy,

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(d)

an institution within the further education sector that provides

secondary education suitable to the requirements of children

who have attained the age of 14 years,

(e)

an independent educational institution within the meaning of

section 92(1) of the Education and Skills Act 2008, that is

registered under section 95 of that Act (register of independent

educational institutions),

(f)

a school that is included in the register of independent schools

in Wales (kept under section 158 of the Education Act 2002),

(g)

a school within the meaning of section 135(1) of the Education

(Scotland) Act 1980.

436C

Content and maintenance of registers

(1)

A register under section 436B must contain the following information

in respect of a child registered in it—

(a)

the child’s name, date of birth and home address;

(b)

the name and home address of each parent of the child;

(c)

the name of each parent who is providing education to that

child;

(d)

the amount of time that the child spends receiving education

from each parent of the child;

(e)

if the child receives education from a person other than their

parent—

(i)

the names and addresses of any individuals and

organisations involved in providing that education;

(ii)

a description of the type of each provider named under

sub-paragraph (i) ;

(iii)

the postal address of each place where that education

is provided (where different from the address in

sub-paragraph (i) ) or the website or email address of

the provider if that education is provided virtually;

(iv)

the total amount of time that the child spends receiving

that education and the amount of time the child spends

receiving that education without any parent of the child

being actively involved in the tuition or supervision of

the child.

(2)

To the extent that the local authority has the information or can

reasonably obtain it, a register under section 436B must also contain

such information about, or in connection with, the following matters

in respect of a child registered in it as may be prescribed—

(a)

the child’s protected characteristics (within the meaning of the

Equality Act 2010);

(b)

in the case of a child who is in the area of a local authority in

England, whether the child has any special educational needs,

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including whether the local authority maintains an EHC plan

for the child;

(c)

in the case of a child who is in the area of a local authority in

Wales, whether the child has any additional learning needs,

including whether an individual development plan is

maintained for the child;

(d)

any enquiries being made or that have been made by a local

authority under section 47 of the Children Act 1989 (local

authority’s duty to investigate) and any actions that are being

taken or have been taken by the authority or any other local

authority following, or in connection with, enquiries under that

section;

(e)

whether the child is or has ever been a child in need for the

purposes of Part 3 of the Children Act 1989 (see section 17(10)

of that Act) and, if so, any actions that a local authority is

taking or has taken in relation to the child under that Part and

any services that a local authority is providing or has provided

to the child in the exercise of functions conferred on the

authority by section 17 of that Act;

(f)

whether the child has ever been assessed as having needs for

care and support for the purposes of Part 4 of the Social

Services and Well-being (Wales) Act 2014 (anaw 4) (see section

32(1) of that Act) and, if so, any actions that a local authority

is taking or has taken in relation to the child under that Part

(or Part 4 or 5 of the Children Act 1989) and any services that

a local authority is providing or has provided to the child in

the exercise of functions conferred on the authority by or under

that Part (or Part 4 or 5 of the Children Act 1989);

(g)

whether the child is or has ever been looked after by a local

authority in England (within the meaning of section 22 of the

Children Act 1989) or in Wales (within the meaning of section

74 of the Social Services and Well-being (Wales) Act 2014);

(h)

the reasons why the child meets condition C in section 436B

, including any information provided by a parent of the child

as to those reasons or, in a case where a parent has not

provided that information, the fact that they have not done so;

(i)

whether, under arrangements made under section 436A, the

child has been identified as a child who is of compulsory school

age but who is not a registered pupil at a school and is not

receiving suitable education otherwise than at a school;

(j)

the school or institution within the further education sector or

the type of school or institution (if any) that the child attends

or has attended in the past;

(k)

whether support is being provided in relation to the child

under section 436G and, if so, the nature of the support being

provided;

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(l)

any actions that have been taken by a local authority in relation

to the child under sections 436I to 436Q (school attendance

orders);

(m)

any other information about the child’s characteristics,

circumstances, needs or interactions with a local authority or

educational institutions that the Secretary of State considers,

or the Welsh Ministers consider (as the case may be), should

be included in the register for the purposes of promoting or

safeguarding the education or welfare of children.

(3)

A register under section 436B may also contain any other information

the local authority considers appropriate.

(4)

Regulations may, in relation to a register under section 436B , make

provision about—

(a)

how a local authority must maintain the register, including

provision relating to—

(i)

how the register is to be kept up-to-date;

(ii)

the making of changes to the register;

(b)

the form of the register;

(c)

publication of the register;

(d)

registration forms;

(e)

how time is to be recorded for the purposes of subsection (1) (d)

and (e) (iv) ;

(f)

publicising the register and duties of persons in relation to the

(5)

No information from a register under section 436B may be published,

or made accessible to the public, in a form—

(a)

which includes the name or address of a child who is eligible

to be registered under that section or of a parent of such a

child, or

(b)

from which the identity of such a child or parent can be

deduced, whether from the information itself or from that

information taken together with any other published

information.

436D

Provision of information to local authorities: parents

(1)

A parent of a child who is eligible to be registered by a local authority

under section 436B must—

(a)

inform the local authority that the child is eligible for

registration, and

(b)

provide the authority with any of the information referred to

in section 436C (1) that the parent has.

(2)

A parent of a child who is registered by a local authority under section

436B must—

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(a)

provide the authority, on request, with any of the information

referred to in section 436C (1) that the parent has,

(b)

inform the authority of a change, of which the parent is aware,

to any of the information required to be included in the register

under section 436C (1) , and

(c)

inform the authority if the child ceases to be eligible to be

registered by that authority under section 436B .

(3)

A person must comply with a duty under subsection (1) or (2) before

the end of the relevant period.

(4)

In subsection (3) “relevant period” means—

(a)

in the case of the duty in subsection (1) (a) or (b) , the period of

15 days beginning with the date on which the child becomes

eligible for registration by the local authority;

(b)

in the case of the duty in subsection (2) (a) , such period of not

less than 15 days as the local authority specify in the request;

(c)

in the case of the duty in subsection (2) (b) , the period of 15

days beginning with the date on which the parent becomes

aware of the change;

(d)

in the case of the duty in subsection (2) (c) , the period of 15

days beginning with the date on which the child ceases to be

eligible to be registered by the local authority under section

436B .

(5)

The duties in subsections (1) and (2) do not apply where the child is

receiving full-time education by any one or more of the following

means—

(a)

arrangements made by the local authority under section 19 (in

England) or section 19A (in Wales);

(b)

arrangements made by the proprietor of a relevant school at

which the child is a registered pupil;

(c)

where the local authority is a local authority in England,

arrangements made by the local authority under section 61 of

the Children and Families Act 2014 (special educational

provision otherwise than in schools, post-16 institutions etc);

(d)

where the local authority is a local authority in Wales,

arrangements made by the local authority under section 53 of

the Additional Learning Needs and Education Tribunal (Wales)

Act 2018 (anaw 2) (additional learning provision otherwise

than in schools);

(e)

attendance at a relevant school.

(6)

In this section “relevant school” has the same meaning as in section

436B .

436E

Provision of information to local authorities: education providers

(1)

This section applies where a local authority reasonably believes that—

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(a)

a person is providing out-of-school education to a child for

more than the prescribed amount of time without any parent

of the child being actively involved in the tuition or supervision

of the child, and

(b)

the child is, or is eligible to be, registered by the authority

under section 436B .

(2)

In this section—

(a)

“out-of-school education” means any programme or course of

education, or any other kind of structured education, that is

provided otherwise than as part of the education provided by

a relevant school (within the meaning of section 436B );

(b)

“prescribed amount of time” means an amount of time

prescribed—

(i)

by reference to a number of hours in, or a proportion

of, a week or other period;

(ii)

by reference to a proportion of the time a child spends

receiving education;

(iii)

in any other way.

(3)

The authority may by notice require the person—

(a)

to confirm whether or not the person is providing out-of-school

education to any child as mentioned in subsection (1) (a) , or

has done so at any time during the period of 3 months ending

with the date of the notice, and

(b)

to provide the authority with the following information in

relation to any child (whether or not that child lives in the

authority's area) to whom they are providing such education,

or to whom they have provided such education during that 3

month period—

(i)

the child’s name, date of birth and home address,

(ii)

the total amount of time that they provide such

education to the child, and

(iii)

the amount of time that they provide such education

to the child without any parent of the child being

actively involved in the tuition or supervision of the

child.

(4)

A notice under subsection (3) is served if it is sent to or left at the

place where the out-of-school education is provided (as well as in the

circumstances referred to in section 572(1)).

(5)

Before the end of the specified period, the person on whom a notice

under subsection (3) is served must comply with the requirement in

the notice.

(6)

The “specified period” is the period, specified in the notice that—

(a)

is at least 15 days, and

(b)

begins with the day on which the notice is served.

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(7)

Regulations may provide for exceptions to the duty in subsection (5) .

(8)

Where a local authority is satisfied that a person on whom a notice

under subsection (3) is served has—

(a)

failed to comply with their duty under subsection (5) , or

(b)

provided incorrect information in response to the notice,

the authority may require the person to pay a monetary penalty to

the authority in accordance with Schedule 31A .

(9)

The amount of the monetary penalty is to be the prescribed amount.

(10)

Subsection (8) does not apply in relation to a notice under subsection

(3) that is served during the period of 3 months beginning with the

day on which section 32 of the Children’s Wellbeing and Schools Act

2025 comes into force.

436F

Use of information in the register

(1)

A local authority must, if the Secretary of State so directs in relation

to a local authority in England, or the Welsh Ministers so direct in

relation to a local authority in Wales, provide the Secretary of State

or the Welsh Ministers (as the case may be) with information of a

prescribed description from their register under section 436B (whether

that is information relating to an individual child or aggregated

information).

(2)

The Secretary of State or the Welsh Ministers may provide information

received under subsection (1) to a prescribed person if the Secretary

of State considers or the Welsh Ministers consider (as the case may

be) it appropriate to do so for the purposes of promoting or

safeguarding the education or welfare of—

(a)

the child to whom the information relates, or

(b)

any other person under the age of 18.

(3)

A local authority may provide information from their register under

section 436B which relates to a child, to a person mentioned in

subsection (4) if the authority considers it appropriate to do so for the

purposes of promoting or safeguarding the education or welfare of—

(a)

the child, or

(b)

any other person under the age of 18.

(4)

For the purposes of subsection (3) , the persons are—

(a)

a person listed in section 11(1) or 28(1) of the Children Act

2004 (arrangements to safeguard and promote welfare);

(b)

Ofsted, meaning—

(i)

the Office for Standards in Education, Children’s

Services and Skills, and

(ii)

His Majesty’s Chief Inspector of Education, Children’s

Services and Skills;

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(c)

His Majesty’s Chief Inspector of Education and Training in

Wales;

(d)

the Welsh Ministers.

(5)

Where a local authority becomes aware that a child registered in their

another local authority, the local authority—

(a)

must provide the other local authority with any information

relating to the child which is contained in the register under

or by virtue of section 436C (1) or (2) , and

(b)

may provide the other local authority with any other

information relating to the child which is contained in the

(6)

Where a local authority in Scotland or Northern Ireland makes a

request for information from a register under section 436B held by a

local authority in England or Wales, the local authority receiving the

request may provide the information if that authority considers it

appropriate to do so for the purposes of promoting or safeguarding

the education or welfare of—

(a)

the child to whom the information relates,

(b)

any other person under the age of 18.

(7)

A local authority in Scotland means a council constituted under section

2 of the Local Government etc. (Scotland) Act 1994.

(8)

A local authority in Northern Ireland means a Health and Social Care

Trust or the Education Authority established under the Education Act

(Northern Ireland) 2014.

436G

Support

(1)

If a parent of a child registered by a local authority under section 436B

so requests, the local authority must provide support to the parent by

securing the provision of advice and information relating to the

education of the child.

(2)

The advice and information to be provided is whatever the local

authority considers fit having regard to the parent’s request and may

include—

(a)

advice about the education of the child, and

(b)

information about sources of assistance for the education of

the child.

(3)

The duty in subsection (1) does not apply where—

(a)

the child is a registered pupil at a relevant school (within the

meaning of section 436B ),

(b)

the local authority is required to make arrangements for the

education of the child under section 19 or 19A of this Act,

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(c)

the local authority is required to secure special educational

provision for the child under section 42(2) of the Children and

Families Act 2014, or

(d)

the local authority is required to secure additional learning

provision or other provision for the child under section 14(10)

or 19(7) of the Additional Learning Needs and Education

Tribunal (Wales) Act 2018.”

(3)

For section 569(2A) (regulations subject to affirmative procedure), substitute—

“(2A)

A statutory instrument which contains (whether alone or with other

provision) any of the following regulations to be made by the Secretary

of State may not be made unless a draft of the instrument has been

laid before, and approved by a resolution of, each House of

Parliament—

(a)

the first regulations under section 436B (6) ,

(b)

regulations under section 436C (2) ,

(c)

the first regulations under section 436C (4) ,

(d)

regulations under section 436E (1) (a) ,

(e)

regulations under section 436E (7) ,

(f)

the first regulations under section 436E (9) ,

(g)

the first regulations under section 436F (1) ,

(h)

regulations under section 436F (2) ,

(i)

regulations under section 550ZA(3)(f),

(j)

regulations under section 550ZC(7), or

(k)

the first regulations under paragraph 5 of Schedule 31A .”

(4)

In section 569(2B), (2BA) and (2BB) for “the National Assembly for Wales”

(in each place that it occurs) substitute “Senedd Cymru”.

(5)

After section 569(2BB) insert—

“(2BC)

A statutory instrument which contains any of the following regulations

to be made by the Welsh Ministers is subject to annulment in

pursuance of a resolution of Senedd Cymru—

(a)

regulations under any of the following provisions, other than

the first set of such regulations—

(i)

section 436B (6) ,

(ii)

section 436C (4) ,

(iii)

section 436E (9) ,

(iv)

section 436F (1) ,

(v)

paragraph 5 of Schedule 31A , or

(b)

regulations under section 436I (6) .

(2BD)

A statutory instrument which contains (whether alone or with other

provision) any of the following regulations to be made by the Welsh

Ministers may not be made unless a draft of the instrument has been

laid before, and approved by resolution of, Senedd Cymru—

(a)

the first regulations under section 436B (6) ,

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(b)

regulations under section 436C (2) ,

(c)

the first regulations under section 436C (4) ,

(d)

regulations under section 436E (1) (a) ,

(e)

regulations under section 436E (7) ,

(f)

the first regulations under section 436E (9) ,

(g)

the first regulations under section 436F (1) ,

(h)

regulations under section 436F (2) , or

(i)

the first regulations under paragraph 5 of Schedule 31A .”

(6)

After Schedule 31 insert—

“Schedule 31A

Section 436E

Failure to provide information under

Warning notice

(1)

Where a local authority proposes to require a person to pay a

monetary penalty under section 436E (8) , the authority must serve

a notice on the person of what is proposed (a “warning notice”).

(2)

The warning notice must include information as to—

(a)

the grounds for the proposal to require payment of the

monetary penalty,

(b)

the amount of the penalty, and

(c)

the person’s right to make representations.

Representations

The person on whom the warning notice is served may make written

representations to the local authority in relation to the proposed

requirement to pay a monetary penalty—

(a)

before the end of the period of 14 days beginning with the

day on which the notice is served, or

(b)

if within that period the person gives written notice of their

intention to make representations, before the end of the

period of 28 days beginning with that day.

Imposition of penalty

(1)

Where a person has made representations in response to a warning

notice, or the time for doing so has elapsed, the local authority must

decide whether to require the person to pay the monetary penalty.

(2)

The local authority may not require the person to pay a monetary

penalty if the authority is no longer satisfied as mentioned in section

436E (8) .

(3)

If the local authority decide not to require the person to pay the

penalty, the authority must inform the person of that fact.

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Penalty notice

(1)

A requirement to pay a monetary penalty is imposed by a notice

served on the person by the local authority (a “penalty notice”).

(2)

A penalty notice must include information as to—

(a)

the grounds for requiring payment of the monetary penalty,

(b)

the amount of the penalty,

(c)

how payment may be made,

(d)

the period within which payment is to be made (which must

be at least 28 days beginning with the day on which the

notice is served),

(e)

the consequences of late payment (see paragraph 5 ), and

(f)

rights of appeal.

(3)

A penalty notice may be withdrawn at any time by the local

authority that gave it.

Consequences of late payment

If the person on whom a penalty notice is served fails to pay the

monetary penalty within the period specified in the notice, the

amount of the penalty is increased by the prescribed percentage.

Appeals

(1)

A person on whom a penalty notice is served may appeal to the

First-tier Tribunal on any of the grounds mentioned in

sub-paragraph (2) .

(2)

The grounds are that—

(a)

the decision to require payment of the penalty was based

on an error of fact;

(b)

the decision was wrong in law;

(c)

the decision was unreasonable.

(3)

On an appeal under this paragraph the First-tier Tribunal may—

(a)

quash the penalty notice,

(b)

confirm the penalty notice, or

(c)

vary the penalty notice by reducing the amount of the

monetary penalty.

(4)

Where an appeal under this paragraph is made, the requirement to

pay the monetary penalty is suspended pending the final

determination or withdrawal of the appeal.

Enforcement

If a person does not pay the whole or any part of a monetary

penalty which the person is required to pay under this Schedule

within the time specified in the penalty notice, the penalty or part

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of the penalty is recoverable as if it were payable under an order

of the county court.”

School attendance orders

(1)

The Education Act 1996 is amended as follows.

(2)

After section 436G (as inserted by section 32 ) insert—

“School attendance orders

436H

Preliminary notice for school attendance order

(1)

A local authority must serve a preliminary notice on a child’s parent

in relation to a child for whom the authority is responsible if it appears

to the authority that—

(a)

the child is of compulsory school age, and

(b)

either condition A or condition B is met.

(2)

A local authority may serve a preliminary notice on a child’s parent

if it appears to the authority that either condition C or condition D is

met.

(3)

A “preliminary notice” means a notice requiring the child’s parent on

whom the notice is served to satisfy the local authority that—

(a)

the child is receiving suitable education, where condition A, C

or D is relied on to serve the notice;

(b)

the child is receiving education that is in their best interests,

where condition B is relied on to serve the notice.

(4)

Condition A is that the child is not receiving suitable education, either

by regular attendance at school or otherwise.

(5)

Condition B is that—

(a)

the local authority or another local authority is—

(i)

conducting enquiries in respect of the child under

section 47 of the Children Act 1989 (duty to investigate),

(ii)

taking action under section 47(8) of that Act to

safeguard or promote the child's welfare, in a case

where the enquiries mentioned in sub-paragraph (i)

have led the local authority to conclude that the child

is suffering, or is likely to suffer, significant harm

(within the meaning of section 31(9) and (10) of that

Act),

(b)

the child is not regularly attending school, and

(c)

it would be in the child's best interests to receive education by

regular attendance at school.

(6)

Condition C is that—

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(a)

the child is eligible to be registered by the local authority under

section 436B ,

(b)

the authority has asked the child’s parent for information under

section 436D (1) , and

(c)

the child’s parent has not provided that information before the

end of the relevant period (as defined in section 436D (4) (a) ),

or has provided incorrect information.

(7)

Condition D is that the child’s parent is under a duty to provide

information to the local authority under section 436D (2) in relation to

the child and—

(a)

has not provided the information before the end of the relevant

period (as defined in section 436D (4) ), or

(b)

has provided incorrect information.

(8)

A preliminary notice must—

(a)

state which of conditions A to D are relied on to serve the

notice,

(b)

be served without delay, and in any event before the end of

the period of five days beginning with the day on which it

appears to the local authority that the requirements of

subsection (1) or (2) are met, and

(c)

specify the period within which the person must respond to

the notice, which must be not less than 15 days beginning with

the day on which the notice is served.

436I

School attendance orders

(1)

A local authority must serve an order under this section on a child’s

parent if—

(a)

the authority has served a preliminary notice on the child’s

parent under section 436H ,

(b)

the child’s parent fails to satisfy the local authority, within the

period specified in the notice, that—

(i)

the child is receiving suitable education, in a case where

condition A, C or D is cited in the notice ,

(ii)

it is in the best interests of the child to receive education

otherwise than by regular attendance at school, in a

case where condition B is cited in the notice, and

(c)

in the opinion of the authority it is expedient that the child

should attend school.

(2)

But a local authority must not serve an order under this section on a

child’s parent if—

(a)

either—

(i)

condition B was the only condition cited in the

preliminary notice served under section 436H in relation

to the child, or

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(ii)

condition B and another condition were cited in that

preliminary notice, but the child’s parent has satisfied

the local authority that the child is receiving suitable

education,

(b)

the local authority is no longer conducting enquiries or taking

action in respect of the child as mentioned in section 436H (5) (a)

, and

(c)

the local authority is not aware of any other enquiries being

made under section 47 of the Children Act 1989 or of any other

action being taken under section 47(8) of that Act in respect of

the child.

(3)

For the purpose of determining whether an order must be served

under this section in respect of a child, the local authority—

(a)

must consider all of the settings where the child is being

educated and where the child lives,

(b)

must consider how the child is being educated and what the

child is learning, so far as is relevant in the particular case,

and

(c)

may request the child’s parent on whom the preliminary notice

has been served under section 436H to allow the local authority

to visit the child inside any of the homes in which the child

lives.

(4)

If a request under subsection (3) (c) is refused by the person to whom

it is made, the local authority must consider that to be a relevant factor

in deciding whether the child’s parent has failed to satisfy the local

authority as mentioned in subsection (1) (b) (i) or (ii) .

(5)

An order under this section (a “school attendance order”) is an order

requiring the person on whom it is served to cause the child to become

a registered pupil at a school named in the order.

(6)

A school attendance order under this section—

(a)

must be served without delay, and in any event before the end

of the period of five days beginning with the day on which

the authority determines which school is to be named in the

order, and

(b)

must be in the prescribed form.

(7)

A school attendance order under this section continues in force (subject

to any amendment made by the local authority) for so long as the

child is of compulsory school age, unless—

(a)

it is revoked by the authority, or

(b)

a direction is made in respect of it under section 436Q (6) or

447(5).

(8)

Where a maintained school is named in a school attendance order

under this section—

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(a)

the local authority must without delay, and in any event before

the end of the period of five days referred to in subsection

(6) (a) inform the governing body and the head teacher, and

(b)

the governing body and the local authority must admit the

child to the school.

(9)

Where an Academy school or alternative provision Academy is named

in a school attendance order under this section—

(a)

the local authority must without delay, and in any event before

the end of the period of five days referred to in subsection

(6) (a) inform the proprietor and the principal, and

(b)

the proprietor must admit the child to the school.

(10)

Subsections (8) and (9) do not affect any power to exclude from a

school a pupil who is already a registered pupil there.

436J

School attendance order for child with EHC plan (England)

(1)

Subsections (2) and (3) apply where a local authority in England is

required to serve a school attendance order under section 436I in

respect of a child for whom the authority maintains an EHC plan.

(2)

Where the EHC plan specifies the name of a school, that school must

be named in the order.

(3)

Where the EHC plan does not specify the name of a school—

(a)

the authority must amend the plan so that it specifies the name

of a school, and

(b)

that school must then be named in the order.

(4)

An amendment to an EHC plan required to be made under subsection

(3) (a) is to be treated as if it were an amendment made following a

review under section 44 of the Children and Families Act 2014, and

that section and regulations made under it apply accordingly.

(5)

Where—

(a)

a school attendance order is in force in respect of a child for

whom the local authority maintain an EHC plan, and

(b)

the name of the school specified in the plan is changed,

the local authority must amend the order accordingly.

(6)

Where a school attendance order is in force in respect of a child who

subsequently becomes a child for whom the local authority maintain

an EHC plan which specifies the name of a school, the local authority

must ensure that school is named in the order.

436K

School attendance order for child with individual development plan

(Wales)

(1)

Where a local authority in Wales is required to serve a school

attendance order under section 436I in respect of a child for whom an

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individual development plan is maintained in which a particular school

is named, that school must be named in the order.

(2)

Where—

(a)

a school attendance order is in force in respect of a child for

whom an individual development plan is maintained in which

a particular school is named, and

(b)

the name of the school specified in the plan is changed,

the local authority must amend the order accordingly.

(3)

Where a school attendance order is in force in respect of a child who

subsequently becomes a child for whom an individual development

plan is maintained in which a particular school is named, the local

authority must ensure that school is named in the order.

436L

School nomination notice for school attendance order

(1)

Before a local authority serves a school attendance order under section

436I on a person in respect of a child, other than a child for whom

the authority maintains an EHC plan or a child for whom an individual

development plan is maintained in which a particular school is named,

the authority must serve a notice on the person under this section (a

“school nomination notice”).

(2)

A school nomination notice is a notice in writing—

(a)

informing the person of the local authority’s intention to serve

the order,

(b)

specifying the school which the authority intends to name in

the order and, if the authority considers it fit, one or more

other schools which it regards as suitable alternatives, and

(c)

stating the effect of subsections (3) to (6) .

For periods within which the school nomination notice must be served,

see section 436N (6) and (7) .

(3)

If the school nomination notice specifies one or more alternative schools

and the person selects one of them before the end of the period of 15

days beginning with the day on which the notice is served, the school

selected by the person must be named in the order.

(4)

If—

(a)

within the period mentioned in subsection (3) the person—

(i)

applies for the child to be admitted to a school which

is an Academy school or alternative provision Academy

and notifies the local authority which served the notice

of the application, or

(ii)

applies for the child to be admitted to a school

maintained by a local authority and, where that

authority is not the local authority which served the

notice, notifies the latter authority of the application,

and

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(b)

the child is offered a place at the school as a result of the

application,

that school must be named in the school attendance order.

(5)

If—

(a)

within the period mentioned in subsection (3) the person

applies to the local authority by whom the notice was served

for education to be provided at a school which is not a school

maintained by a local authority, an Academy school or

alternative provision Academy, and

(b)

the child is offered a place at the school under arrangements

made by the authority under which the fees payable in respect

of the education provided at the school are to be paid by them

under section 517,

that school must be named in the school attendance order.

(6)

If, within the period mentioned in subsection (3) —

(a)

the person—

(i)

applies for the child to be admitted to a school which

is not maintained by a local authority, an Academy

school or an alternative provision Academy and in

respect of which no application is made under

subsection (5) , and

(ii)

notifies the local authority by whom the notice was

served of the application,

(b)

the child is offered a place at the school as a result of the

application, and

(c)

the school is suitable to the child’s age, ability and aptitude

and to any special educational needs the child may have,

that school must be named in the school attendance order.

436M

School nomination notice: restrictions

(1)

A local authority may not specify a school in a school nomination

notice if the child is permanently excluded from it.

(2)

A local authority may not specify a maintained school or Academy

school in a school nomination notice if the admission of the child

would, because of the need to take measures to avoid failing to comply

with any duty applicable to the school in relation to class sizes,

prejudice the provision of efficient education or the efficient use of

resources.

(3)

A local authority may not specify a maintained school or Academy

school in a school nomination notice if, were the child concerned

admitted to the school in accordance with a school attendance order

resulting from the notice, the number of pupils at the school in the

child’s age group would exceed the relevant number.

(4)

The relevant number is—

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(a)

in the case of a maintained school, the number determined in

accordance with section 88C or 89 of the School Standards and

Framework Act 1998 as the number of pupils in the child’s age

group which it is intended to admit to the school in the school

year in which the child would be admitted, or

(b)

in the case of an Academy school, the number determined in

accordance with the Academy arrangements relating to the

school or any enactment as the number of such pupils.

(5)

Subsection (3) does not prevent a local authority from specifying a

maintained school where the authority is responsible for determining

the arrangements for the admission of pupils to the school.

(6)

Subsection (3) also does not prevent a local authority from specifying

a maintained school or Academy school if—

(a)

in the opinion of the authority the school is a reasonable

distance from the home of the child, and

(b)

there is no maintained school or Academy school in their area

which—

(i)

the authority could specify (apart from subsection (3) ),

and

(ii)

is in the opinion of the authority a reasonable distance

from the home of the child.

436N

School nomination notice: procedure

(1)

Before deciding to specify a maintained school, Academy school or

alternative provision Academy in a school nomination notice a local

authority must consult—

(a)

in the case of a maintained school—

(i)

the governing body, and

(ii)

if another local authority is responsible for determining

the arrangements for the admission of pupils to the

school, that authority, or

(b)

in the case of an Academy school or alternative provision

Academy, the proprietor.

(2)

Where a local authority decides to specify a maintained school,

Academy school or alternative provision Academy in a school

nomination notice the authority must, before serving the notice, serve

notice in writing of their decision on—

(a)

in the case of a maintained school—

(i)

the governing body,

(ii)

the head teacher, and

(iii)

if another local authority is responsible for determining

the arrangements for the admission of pupils to the

school, that authority, or

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(b)

in the case of an Academy school or alternative provision

Academy—

(i)

the proprietor, and

(ii)

the principal.

(3)

A notice under subsection (2) must be served without delay, and in

any event before the end of the period of 15 days beginning with the

expiry of the period specified in the notice under section 436H .

(4)

A person on whom a notice is served under subsection (2) (a) (i) or (iii)

or (b) (i) may apply to the Secretary of State in relation to a school in

England, or to the Welsh Ministers in relation to a school in Wales,

for a direction under this section and, if they do so, must inform the

local authority which served the notice.

(5)

An application under subsection (4) must be made—

(a)

if the notice is served on a school day, before the end of the

period of 10 school days beginning with the day on which the

notice is served, or

(b)

if the notice is served on a day that is not a school day, before

the end of the period of 10 school days beginning with the first

school day following the day on which the notice is served.

(6)

If the local authority which served a notice under subsection (2) is not

informed of an application under subsection (4) within the period

specified in subsection (5) , the authority must serve the school

nomination notice without delay, and in any event before the end of

the period of five days beginning with the day after the day on which

the period specified in subsection (5) ended.

(7)

Where the Secretary of State gives a direction under this section in

relation to a school in England or the Welsh Ministers give a direction

under this section in relation to a school in Wales—

(a)

the school or schools to be specified in the school nomination

notice are to be determined in accordance with the direction,

and

(b)

the school nomination notice must be served without delay,

and in any event before the end of the period of five days

beginning with the day after that on which the direction is

given.

(8)

If a local authority in England serves a notice under subsection (2)

specifying a school in Wales and an application for a direction is made

to the Welsh Ministers under subsection (4) in relation to that notice,

the direction under this section may only—

(a)

confirm that a school specified in the notice under subsection

(2) should be specified in the school nomination notice, or

(b)

refer the question of which school or schools should be

specified in the school nomination notice back to the local

authority to determine.

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(9)

If a local authority in Wales serves a notice under subsection (2)

specifying a school in England, and an application for a direction is

made to the Secretary of State under subsection (4) in relation to that

notice, the direction under this section may only—

(a)

confirm that a school specified in the notice under subsection

(2) should be specified in the school nomination notice, or

(b)

refer the question of which school or schools should be

specified in the school nomination notice back to the local

authority to determine.

436O

Amendment of school attendance order

(1)

This section applies where a school attendance order under section

436I is in force in respect of a child, other than a child for whom the

local authority maintains an EHC plan or a child for whom an

individual development plan is maintained in which a particular school

is named.

(2)

If at any time—

(a)

the person on whom the order is served applies for the child

to be admitted—

(i)

to a school maintained by a local authority, an Academy

school or an alternative provision Academy, and

(ii)

which is different from the school named in the order,

(b)

the child is offered a place at the school as a result of the

application, and

(c)

the person requests the authority that served the order to

amend the order by substituting that school for the one

currently named,

the authority must comply with the request.

(3)

If at any time—

(a)

the person on whom the order is served applies to the authority

for the child to be admitted—

(i)

to a school not maintained by a local authority, an

Academy school or an alternative provision Academy,

and

(ii)

which is different from the school named in the order,

(b)

the child is offered a place at the school under arrangements

made by the authority under which the fees payable in respect

of the education provided at the school are to be paid by the

authority under section 517, and

(c)

the person requests the authority to amend the order by

substituting that school for the one currently named,

the authority must comply with the request.

(4)

If at any time—

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(a)

the person on whom the order is served applies for the child

to be admitted—

(i)

to a school not maintained by a local authority, an

Academy school or an alternative provision Academy,

(ii)

which is different from the school named in the order,

and

(iii)

in respect of which no application is made under

subsection (3) ,

(b)

the child is offered a place at the school as a result of the

application,

(c)

the school is suitable to the child’s age, ability and aptitude

and to any special educational needs the child may have, and

(d)

the person requests the authority to amend the order by

substituting that school for the one currently named,

the authority must comply with the request.

436P

Revocation of school attendance order

(1)

This section applies where a school attendance order made by a local

authority under section 436I is in force in respect of a child.

(2)

The local authority must revoke the order if—

(a)

the order was served following a preliminary notice under

section 436H in which the only condition cited was condition

(b)

the local authority is no longer conducting enquiries or taking

action in respect of the child as mentioned in section 436H (5) (a)

, and

(c)

the local authority is not aware of any other enquiries being

made under section 47 of the Children Act 1989 or of any other

action being taken under section 47(8) of that Act in respect of

the child.

(3)

The person on whom the order is served may at any time request the

local authority to revoke the order on the ground that arrangements

have been made—

(a)

for the child to receive suitable education otherwise than at a

school, where the order was served—

(i)

as a result of the person failing to satisfy the local

authority that the child is receiving suitable education,

(ii)

as a result of the person failing to satisfy the local

authority both that the child is receiving suitable

education and that it is in the best interests of the child

to receive education otherwise than by regular

attendance at school, where subsection (2) (b) and (c)

applies;

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(b)

for the child to receive education, otherwise than at a school,

that is in their best interests, where the order was served as a

result of the person failing to satisfy the local authority that it

is in the best interests of the child to receive education

otherwise than by regular attendance at school.

(4)

The authority must comply with a request under subsection (3) , unless

the authority is of the opinion that the arrangements mentioned in

subsection (3) (a) or (b) , or both, as the case may be, have not been

made for the child.

(5)

If a person is aggrieved by a refusal of a local authority in England

to comply with a request under subsection (3) —

(a)

the person may refer the question to the Secretary of State, and

(b)

the Secretary of State must give such direction determining the

question as the Secretary of State considers appropriate.

(6)

If a person is aggrieved by a refusal of a local authority in Wales to

comply with a request under subsection (3) —

(a)

the person may refer the question to the Welsh Ministers, and

(b)

the Welsh Ministers must give such direction determining the

question as the Welsh Ministers consider appropriate.

(7)

Where the child is one for whom the local authority maintains an EHC

plan—

(a)

if the name of a school or other institution is specified in the

EHC plan, subsection (3) does not apply;

(b)

if the name of a school or other institution is not specified in

the EHC plan, a direction under subsection (5) (b) may require

the authority to make such amendments in the plan as the

Secretary of State considers necessary or expedient in

consequence of the determination.

(8)

Where the child is one for whom the local authority maintains an

individual development plan—

(a)

if the name of a school or other institution is specified in the

plan, subsection (3) does not apply;

(b)

if the name of a school or other institution is not specified in

the plan, a direction under subsection (6) (b) may require the

authority to make such amendments in the plan as the Welsh

Ministers consider necessary or expedient in consequence of

the determination.

436Q

Offence of failure to comply with school attendance order

(1)

If a person on whom a school attendance order under section 436I is

served fails to comply with the requirements of the order, the person

is guilty of an offence.

(2)

Subsection (1) does not apply if—

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(a)

the person proves that arrangements have been made for the

child to receive suitable education otherwise than at a school,

where the order was served as a result of the person failing to

satisfy the local authority that the child is receiving suitable

education,

(b)

the person proves that arrangements have been made for the

child to receive education, otherwise than at a school, that is

in their best interests, where the order was served as a result

of the person failing to satisfy the local authority that it is in

the best interests of the child to receive education otherwise

than by regular attendance at school,

(c)

section 436H (5) (a) is no longer met in respect of the child,

where the order was served following a preliminary notice

under section 436H which cited only condition B, or

(d)

both—

(i)

the person proves that arrangements have been made

for the child to receive suitable education otherwise

than at a school, and

(ii)

section 436H (5) (a) is no longer met in respect of the

child,

where the order was served following a preliminary notice

under section 436H which cited condition B and another

condition.

(3)

The reference in subsection (1) to failure to comply with the

requirements of a school attendance order includes causing a child to

cease to be registered at the school named in the school attendance

order.

(4)

Subsection (3) does not apply in circumstances where—

(a)

the school has, pursuant to section 436J , 436K or 436O , ceased

to be the school named in the school attendance order, or

(b)

the school attendance order has been revoked pursuant to

section 436P .

(5)

A person who—

(a)

fails to comply with the requirements of a school attendance

order under section 436I by not causing a child to become a

registered pupil at the school named in the order, and

(b)

is convicted of an offence under this section in respect of the

failure,

may be found guilty of an offence under this section again if the failure

continues.

(6)

If, in proceedings for an offence under this section, the person is

acquitted, the court may direct that the school attendance order ceases

to be in force.

(7)

A direction under subsection (6) does not affect the duty of the local

authority to take further action under section 436I if at any time the

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authority is of the opinion that, having regard to any change of

circumstances, it is expedient to do so.

(8)

A person who commits an offence under this section is liable on

summary conviction to imprisonment for a term not exceeding the

maximum term for summary offences or a fine not exceeding level 4

on the standard scale (or both).

(9)

In subsection (8) , “the maximum term for summary offences” means—

(a)

if the offence is committed before the time when section 281(5)

of the Criminal Justice Act 2003 comes into force, six months;

(b)

if the offence is committed after that time, 51 weeks.

436R

References to “Academy school” and “Academy arrangements”

(1)

In sections 436I and 436L to 436O , a reference to an Academy school

includes a reference to a city technology college and a city college for

the technology of the arts.

(2)

The reference in section 436M to Academy arrangements includes a

reference to an agreement under section 482.

436S

References to “regulations” and “prescribed”

(1)

In sections 436B (6) , 436C (4) and 436E (7) “regulations” means—

(a)

regulations made by the Secretary of State in relation to

England, and

(b)

regulations made by the Welsh Ministers in relation to Wales.

(2)

In sections 436C , 436E , 436F , 436I and paragraph 5 of Schedule 31A

“prescribed” means—

(a)

prescribed by regulations made by the Secretary of State in

relation to England, and

(b)

prescribed by regulations made by the Welsh Ministers in

relation to Wales.”

(3)

In section 572 (service of notices and other documents), at the end insert—

“(4)

This section does not preclude any notice or order under sections 436H

to 436P (which relate to school attendance orders) from being served

by any other effective method.”

(4)

In Schedule 1 (pupil referral units), for paragraph 14 substitute—

“14

(1)

Where a pupil referral unit is named in a school attendance order

made by a local authority under section 436I —

(a)

the local authority must without delay, and in any event

within the period of five days referred to in section 436I (6) (a)

inform the teacher in charge of the unit, and

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(b)

if another local authority is responsible for determining the

arrangements for the admission of pupils in the unit, that

authority must admit the child to the unit,

but paragraph (b) above does not affect any power to exclude from

a unit a pupil who is already a registered pupil there.

(2)

Section 436L (4) does not apply in relation to a pupil referral unit.

(3)

A local authority—

(a)

must, in a case where another local authority is responsible

for the admission of pupils to a pupil referral unit, consult

that authority before deciding to specify that unit in a school

nomination notice under section 436L , and

(b)

if the authority decides to specify the unit in the notice, must

serve notice in writing of their decision on that authority.

(4)

Section 436N (3) to (9) applies where notice is served on a local

authority under sub-paragraph (3) above as it applies where notice

is served under section 436N (2) .

(5)

The parent of a child in respect of whom a school attendance order

under section 436I is in force may not under section 436O request

the local authority to amend the order by substituting a pupil

referral unit for the school named in the order.

(6)

Where a child is a registered pupil at both a pupil referral unit and

at a school other than such a unit, the references in section 444 to

the school at which the child is a registered pupil are to be read as

references to the unit.”

Children not in school: processing of information

After section 436S of the Education Act 1996 (as inserted by section 33 ) insert—

“Children not in school and school attendance orders: processing of information

436T

Processing of information

(1)

This section applies to section 434A , sections 436B to 436Q and

Schedule 31A , and provisions of regulations made under any of those

provisions.

(2)

Except as provided by subsection (3) , a disclosure of information

authorised or required under any provision to which this section

applies does not breach—

(a)

any obligation of confidence owed by the person making the

disclosure, or

(b)

any other restriction on the disclosure of information (however

imposed).

(3)

None of the provisions to which this section applies are to be read as

requiring or authorising the processing of information which would

contravene the data protection legislation (but in determining whether

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the processing would do so, take into account the duty imposed or

the power conferred by the provision in question).

(4)

In this section, “the data protection legislation” and “processing” have

the same meaning as in the Data Protection Act 2018 (see section 3 of

that Act).”

Guidance on children not in school and school attendance orders

After section 436T of the Education Act 1996 (as inserted by section 34 ) insert—

“Guidance on children not in school and school attendance orders

436U

Guidance

In exercising its functions under sections 436B to 436P , a local authority

must have regard to—

(a)

in the case of a local authority in England, any guidance given

by the Secretary of State;

(b)

in the case of a local authority in Wales, any guidance given

by the Welsh Ministers.”

Children not in school: consequential amendments

Schedule 2 contains consequential amendments relating to section 33 .

Independent educational institutions

Expanding the scope of regulation

(1)

The Education and Skills Act 2008 is amended as follows.

(2)

For section 92 (meaning of “independent educational institution”) substitute—

“92

Independent educational institutions in England

(1)

The following are independent educational institutions for the purposes

of this Chapter—

(a)

independent schools in England;

(b)

institutions in England, other than independent schools and

excepted institutions, that provide full-time education for—

(i)

at least five children of compulsory school age, or

(ii)

at least one child of compulsory school age who is

looked after by a local authority or has special

educational needs.

(2)

The following subsections apply for the purposes of subsection (1) (b)

(and see section 138(1A) for provision about the meaning of an

institution providing education).

(3)

Regulations may—

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(a)

specify that an amount of time is or is not to be treated as

“full-time” by reference to a number of hours in, or a proportion

of, a week or other period, or in any other way;

(b)

provide that time spent on a specified activity or on an activity

of a specified description is or is not to be treated as time

during which education is being provided;

(c)

amend subsection (4) so as to add, remove or amend factors;

(d)

amend this section so as to add, remove or amend provision

about the interpretation of the factors in subsection (4) .

(4)

If, or to the extent that, the question of whether an institution provides

full-time education for a child is not determined by regulations under

subsection (3) (a) or (b) , the factors relevant to determining that question

include—

(a)

the number of hours per week that—

(i)

education is provided to children by the institution;

(ii)

activities incidental to that education (such as breaks

and independent study time) are provided;

(b)

the number of weeks in an academic year that education is

provided;

(c)

the time of day that education is provided.

(5)

An academic year means a period of 12 months ending with 31 August.

(6)

A child has special educational needs if an EHC plan or an individual

development plan is maintained for the child (see section 579 (1) of

the Education Act 1996 for the meaning of “EHC plan” and “individual

development plan”).

(7)

A reference to a child who is looked after by a local authority is to be

read—

(a)

in relation to a local authority in England, in accordance with

section 22 of the Children Act 1989 ;

(b)

in relation to a local authority in Wales, in accordance with

section 74 of the Social Services and Well-being (Wales) Act

2014 (anaw 4).

(8)

The following are excepted institutions—

(a)

an institution that provides only early years provision;

(b)

a school maintained by a local authority;

(c)

a school approved under section 342 of the Education Act 1996

(approval of non-maintained special schools);

(d)

a 16 to 19 Academy;

(e)

an institution that is within the further education sector or the

wider higher education sector;

(f)

a secure college, secure training centre or young offender

institution;

(g)

an institution of a description specified in regulations.

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(9)

For provision regulating independent schools in Wales, see Chapter

1 of Part 10 of the Education Act 2002 .”

(3)

Omit section 93 (application of Chapter to institutions in England only).

(4)

Omit section 93A (application of Chapter to alternative provision Academies

that are not independent educational institutions).

(5)

In section 98 (3) (information to be included in registration application), omit

paragraph (a) .

(6)

In section 99 (5) (content of entry in register), for “98(3)(a)” substitute “98(3)(b)”.

(7)

In section 132 (power to apply provisions of Chapter 1 of Part 4 to

independent post-16 colleges)—

(a)

in subsection (2) (a) (ii) , for “student” substitute “person”;

(b)

in subsection (4) (b) (i) , for “a student” substitute “provided with

education and training”.

(8)

In section 138 (interpretation of Chapter 1 of Part 4)—

(a)

in subsection (1) , for the definition of “student” substitute—

““student” , in relation to an independent educational institution,

means a person for whom education is provided at the

institution, other than—

(a)

a person who has attained the age of 19 and for whom

further education is provided, or

(b)

a person for whom part-time education suitable to the

requirements of persons of any age over compulsory

school age is provided;”;

(b)

after subsection (1) insert—

“(1A)

For the purposes of this Chapter, education is provided at an

institution if the institution provides instruction or guidance

on any matter (and for this purpose it does not matter whether,

or by whom, students attending the institution are supervised).”

(9)

In section 166 (2) (instruments subject to affirmative procedure), after paragraph

(f) insert—

“(fa)

regulations under section 92 ,”.

Independent educational institution standards

(1)

The Education and Skills Act 2008 is amended as follows.

(2)

In section 94 (independent educational institution standards)—

(a)

after subsection (1) insert—

“(1A)

A standard within subsection (1)(d) in relation to a proprietor

may be prescribed by reference—

(a)

in the case of a proprietor which is a body of persons—

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(i)

to whether persons having general control and

management of, or legal responsibility and

accountability for, the proprietor are, in the

opinion of the Secretary of State, fit and proper

persons to be involved in the running of an

independent educational institution;

(ii)

to whether the Secretary of State is notified

before a new person becomes involved in the

general control and management of, or assumes

legal responsibility and accountability for, the

proprietor;

(b)

in the case of a proprietor which is an individual, to

whether that individual is, in the opinion of the

Secretary of State, a fit and proper person to be involved

in the running of an independent educational

institution.”;

(b)

after subsection (3) insert—

“(3A)

A standard may be prescribed by reference to whether or not

the proprietor of an independent educational institution has

regard to guidance issued, or a document published, by the

Secretary of State from time to time.”

(3)

After section 99 insert—

“99A

Inspections on appeal against decision not to register

(1)

Where an appeal is brought under section 125(1)(a) against a decision

under section 99(2) (standards not likely to be met on registration),

the Secretary of State may direct the Chief Inspector to—

(a)

inspect the institution which is the subject of the appeal, and

(b)

make a report to the Secretary of State on the extent to which

any relevant standard is likely to be met in relation to the

institution once it becomes a registered independent educational

institution.

(2)

In this section “any relevant standard” means any independent

educational institution standard that is—

(a)

specified in the direction by the Secretary of State for the

purposes of the inspection, or

(b)

considered to be relevant by the Chief Inspector in the

circumstances of the case.”

(4)

After section 118 insert—

“118A

Suspension of registration

(1)

The Secretary of State may suspend the registration of an independent

educational institution if—

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(a)

the Secretary of State is satisfied that one or more of the

independent educational institution standards are not being

met in relation to the institution, and

(b)

the Secretary of State has reasonable cause to believe that, as

a result, one or more students at the institution will or may be

exposed to the risk of harm.

(2)

In determining the matters in subsection (1) (a) and (b) , the Secretary

of State must (in particular) take account of any information provided

by the Chief Inspector or an independent inspectorate that is relevant.

(3)

Before suspending the registration of an institution, the Secretary of

State must give the proprietor of the institution a warning notice—

(a)

stating that the Secretary of State is proposing to suspend the

registration of the institution and explaining the effect of a

suspension,

(b)

specifying the dates on which the Secretary of State proposes

to start and end the suspension,

(c)

identifying the standard or standards that are not being met,

which the Secretary of State believes will or may result in one

or more students being exposed to the risk of harm,

(d)

setting out the grounds for that belief, and

(e)

specifying the period during which the proprietor may make

representations about the proposed suspension (the “specified

period”).

(4)

The Secretary of State must have regard to any representations made

by the proprietor during the specified period in deciding whether to

suspend the institution’s registration.

(5)

Where the Secretary of State decides not to suspend the institution’s

registration, the Secretary of State must give the proprietor of the

institution a notice informing the proprietor of the decision.

(6)

Where the Secretary of State decides to suspend the institution’s

registration, the Secretary of State must give the proprietor of the

institution a notice informing the proprietor of the decision and—

(a)

specifying the date on which the suspension starts,

(b)

specifying the date on which the suspension ends, which must

be no more than 12 weeks after the suspension starts, and

(c)

explaining the right of appeal conferred by section 125.

(7)

Subsections (3) to (6) do not apply where the Secretary of State

considers that, in order to protect one or more students at the

institution from the risk of harm, it is necessary to suspend an

institution’s registration without first seeking representations.

(8)

In such a case, the Secretary of State must, as soon as reasonably

practicable after deciding to suspend the institution’s registration, give

the proprietor a notice—

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(a)

stating that the Secretary of State has decided to suspend the

registration of the institution and explaining the effect of a

suspension,

(b)

identifying the standard or standards that are not being met,

which the Secretary of State believes will or may result in one

or more students being exposed to the risk of harm,

(c)

setting out the grounds for that belief,

(d)

specifying the date on which the suspension starts,

(e)

specifying the date on which the suspension ends, which must

be no more than 12 weeks after the suspension starts, and

(f)

explaining the right of appeal conferred by section 125.

(9)

The suspension of an institution’s registration does not affect the

continuation of the registration (but see section 118C : offence of

providing education at an institution when its registration is

suspended).

(10)

Where an institution’s registration is suspended, the Secretary of State

must include an indication to that effect on the register for the period

of the suspension.

(11)

For the purposes of this section and section 118B “harm” has the

meaning given by section 31 (9) of the Children Act 1989 .

118B

Period of suspension

(1)

A suspension under section 118A —

(a)

takes effect on the date specified in the notice of suspension

under section 118A (6) or (8) , and

(b)

ends on the date specified in that notice, subject to subsections

(2) to (4) .

(2)

The Secretary of State must lift a suspension of an institution’s

registration if the condition mentioned in section 118A (1) (b) is no

longer met.

(3)

The Secretary of State may lift a suspension of an institution’s

registration if the Secretary of State considers it appropriate to do so.

(4)

The Secretary of State may extend a suspension of an institution’s

registration for a period of not more than 12 weeks if the conditions

mentioned in paragraphs (a) and (b) of section 118A (1) are still met.

(5)

Before extending a suspension of an institution’s registration, the

Secretary of State must give the proprietor of the institution a warning

notice—

(a)

stating that the Secretary of State is proposing to extend the

suspension,

(b)

specifying the date on which the Secretary of State proposes

to end the extension,

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(c)

identifying the standard or standards that are not being met,

which the Secretary of State believes will or may result in one

or more students being exposed to the risk of harm (which

need not be the same standards mentioned in the notice for

the previous period of suspension),

(d)

setting out the grounds for that belief (which need not be the

same grounds mentioned in the notice for the previous period

of suspension), and

(e)

specifying the period during which the proprietor may make

representations about the proposed extension (the “specified

period”).

(6)

The Secretary of State must have regard to any representations made

by the proprietor during the specified period in deciding whether to

extend the suspension.

(7)

Where the Secretary of State decides not to extend the suspension, the

Secretary of State must give the proprietor of the institution a notice

informing the proprietor of the decision.

(8)

Where the Secretary of State decides to extend the suspension, the

Secretary of State must give the proprietor a notice informing the

proprietor of the decision and—

(a)

specifying the date on which the extension ends, and

(b)

explaining the right of appeal conferred by section 125.

(9)

Subsections (5) to (8) do not apply where the Secretary of State

considers that, in order to protect one or more students at the

institution from the risk of harm, it is necessary to extend the

suspension of an institution’s registration without first seeking

representations.

(10)

In such a case, the Secretary of State must, as soon as reasonably

practicable after deciding to extend the suspension, give the proprietor

a notice—

(a)

stating that the Secretary of State has decided to extend the

suspension,

(b)

identifying the standard or standards that are not being met,

which the Secretary of State believes will or may result in one

or more students being exposed to the risk of harm (which

need not be the same standards mentioned in the notice for

the previous period of suspension),

(c)

setting out the grounds for that belief (which need not be the

same grounds mentioned in the notice for the previous period

of suspension),

(d)

specifying the date on which the extension ends, which must

be no more than 12 weeks after the extension starts, and

(e)

explaining the right of appeal conferred by section 125.

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(11)

Where the Secretary of State extends the suspension of an institution’s

registration, the suspension lasts until the date specified in the notice

under subsection (8) (a) or (10) (d) , unless it is lifted under subsection

(2) or (3) or extended again under subsection (4) .

118C

Offence of conducting institution when its registration is suspended

(1)

The proprietor of an independent educational institution that provides

education or supervised activity to one or more students while its

registration is suspended is guilty of an offence.

(2)

It is a defence for a person charged with an offence under subsection

(1) to prove that—

(a)

they and the head teacher of the institution (if a different

person) did not know and could not reasonably have been

expected to know of the existence of the notice given under

section 118A or 118B that caused the suspension to have effect

at the time of the alleged offence, or

(b)

the conduct prohibited by subsection (1) ceased as soon as

reasonably practicable after that notice was given.

(3)

A person guilty of an offence under subsection (1) is liable on summary

conviction to imprisonment for a term not exceeding the maximum

term for summary offences or to a fine (or to both).

(4)

“The maximum term for summary offences” means—

(a)

if the offence is committed before the time when section 281 (5)

of the Criminal Justice Act 2003 (alteration of penalties for

certain summary offences: England and Wales) comes into

force, six months;

(b)

if the offence is committed after that time, 51 weeks.

(5)

In subsection (1) , the reference to providing education or supervised

activity does not include providing boarding accommodation or

activities necessary to ensure the welfare of boarders (see section 118D

for provision about stopping boarding).

118D

Suspension of registration: requirement to stop providing boarding

accommodation

(1)

Where the Secretary of State suspends the registration of a boarding

institution, the Secretary of State may impose on the proprietor of the

institution a requirement to stop providing boarding accommodation

to its students (a “stop boarding requirement”).

(2)

A stop boarding requirement may relate to all boarders at the

institution or boarders of a particular description.

(3)

Before imposing a stop boarding requirement on the proprietor of a

boarding institution, the Secretary of State must give the proprietor

notice in accordance with—

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(a)

subsections (4) and (8) ,

(b)

subsection (9) , or

(c)

in the case of a new stop boarding requirement imposed under

section 118E , that section.

(4)

Where the Secretary of State gives a warning notice under section

118A (3) (notice of proposed suspension of registration) to the proprietor

of a boarding institution, the notice must also—

(a)

state whether the Secretary of State is proposing to impose a

stop boarding requirement, and

(b)

if the Secretary of State is proposing to do so—

(i)

explain the effect of a stop boarding requirement,

(ii)

specify whether the proposed requirement would relate

to all boarders at the institution or, if not, the

description of boarders to whom it would relate,

(iii)

specify the dates on which the Secretary of State

proposes to start and end the requirement, and

(iv)

explain that the proprietor may make representations

about the proposed requirement during the period

specified in the notice for representations about the

proposed suspension (the “specified period”).

(5)

The Secretary of State must have regard to any representations made

by the proprietor during the specified period in deciding whether to

impose a stop boarding requirement.

(6)

Subsections (7) and (8) apply where the Secretary of State has given

the proprietor of a boarding institution a warning notice under section

118A (3) which states that the Secretary of State is proposing to impose

a stop boarding requirement.

(7)

Where the Secretary of State decides not to impose a stop boarding

requirement on the proprietor of the institution—

(a)

in a case where the Secretary of State also decides not to

suspend the institution’s registration, the Secretary of State

must give the proprietor a notice of the decision not to impose

a stop boarding requirement at the same time as the Secretary

of State gives the notice under section 118A (5) ;

(b)

in a case where the Secretary of State decides to suspend the

institution’s registration, the notice under section 118A (6)

(notice of decision to suspend registration following warning

notice) must state that the Secretary of State has decided not

to impose a stop boarding requirement.

(8)

Where the Secretary of State decides to impose a stop boarding

requirement on the proprietor of the institution, the notice under

section 118A (6) (notice of decision to suspend registration following

warning notice) given to the proprietor must also inform the proprietor

of that decision and—

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(a)

specify whether the requirement relates to all boarders at the

institution or, if not, the description of boarders to whom it

relates,

(b)

specify the date on which the requirement starts, which may

be on the same date as the suspension starts or on a later date,

(c)

specify the date on which the requirement ends, which may

be on the same date as the suspension ends or on an earlier

date, and

(d)

explain the right of appeal conferred by section 125.

(9)

Where the Secretary of State decides to impose a stop boarding

requirement on the proprietor of a boarding institution in a case where

the Secretary of State has not given the proprietor a warning notice

under section 118A (3) (see section 118A (7) ), the notice under section

118A (8) (notice of decision to suspend registration in urgent cases)

given to the proprietor must also—

(a)

state that the Secretary of State has decided to impose a stop

boarding requirement and explain the effect of a stop boarding

requirement,

(b)

specify whether the requirement relates to all boarders at the

institution or, if not, the description of boarders to whom it

relates,

(c)

specify the date on which the requirement starts, which may

be on the same date as the suspension starts or on a later date,

(d)

specify the date on which the requirement ends, which may

be on the same date as the suspension ends or on an earlier

date, and

(e)

explain the right of appeal conferred by section 125.

(10)

Where a stop boarding requirement is imposed in relation to a

boarding institution, the Secretary of State must include an indication

to that effect on the register for the period of the requirement.

(11)

In this section and sections 118E and 118F —

“boarding institution” means an independent educational

institution that provides boarding accommodation for some or

all of its students;

“stop boarding requirement” has the meaning given in subsection

(1) ;

and references to an institution providing boarding accommodation

to students include an institution arranging for boarding

accommodation to be provided to its students by another person.

118E

Period of stop boarding requirement

(1)

A stop boarding requirement—

(a)

takes effect—

(i)

on the date specified in the notice of suspension under

section 118A (6) or (8) (see section 118D (8) and (9) ), or

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(ii)

in the case of a new stop boarding requirement imposed

under this section, on the date specified in the notice

of extension under section 118B (8) or (10) (see

subsections (10) and (11) ), and

(b)

ends on the date specified in that notice, subject to subsections

(2) to (4) .

(2)

A stop boarding requirement imposed on the proprietor of a boarding

institution ends if the suspension of the institution’s registration is

lifted (see section 118B (2) and (3) ).

(3)

The Secretary of State may end a stop boarding requirement early if

the Secretary of State considers it appropriate to do so.

(4)

Where the Secretary of State extends the suspension of a boarding

institution’s registration, the Secretary of State may—

(a)

extend an existing stop boarding requirement, or

(b)

impose a new stop boarding requirement (either where no such

requirement was imposed previously, or to replace a previous

requirement with one with different terms).

(5)

Before extending an existing stop boarding requirement or imposing

a new one under this section, the Secretary of State must give the

proprietor notice in accordance with—

(a)

subsections (6) and (10) , or

(b)

subsection (11) .

(6)

Where the Secretary of State gives a warning notice to the proprietor

of a boarding institution under section 118B (5) (notice of proposed

extension of suspension), the notice must also—

(a)

state whether the Secretary of State is proposing to extend an

existing stop boarding requirement or impose a new one,

(b)

if the Secretary of State is proposing to impose a new stop

boarding requirement—

(i)

explain the effect of a stop boarding requirement,

(ii)

specify whether the proposed requirement would relate

to all boarders at the institution or, if not, the

description of boarders to whom it would relate,

(iii)

specify the dates on which the Secretary of State

proposes to start and end the requirement, and

(iv)

explain that the proprietor may make representations

about the proposed requirement during the period

specified in the notice for representations about the

proposed extension of the institution’s suspension (the

“specified period”);

(c)

if the Secretary of State is proposing to extend an existing stop

boarding requirement—

(i)

specify the date on which the Secretary of State proposes

to end the extension, and

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(ii)

explain that the proprietor may make representations

about the proposed extension of the stop boarding

requirement during the period specified in the notice

for representations about the proposed extension of the

institution’s suspension (the “specified period”).

(7)

The Secretary of State must have regard to any representations made

by the proprietor during the specified period in deciding whether to

extend an existing stop boarding requirement or impose a new one.

(8)

Subsections (9) and (10) apply where the Secretary of State has given

the proprietor of a boarding institution a warning notice under section

118B (5) (notice of proposed extension of suspension) which states that

the Secretary of State is proposing to impose or extend a stop boarding

requirement.

(9)

Where the Secretary of State decides not to impose or extend a stop

boarding requirement on the proprietor of the institution—

(a)

in a case where the Secretary of State also decides not to extend

the suspension of the institution’s registration, the Secretary

of State must give the proprietor a notice of the decision not

to impose a stop boarding requirement at the same time as the

Secretary of State gives the notice under section 118B (7) ;

(b)

in a case where the Secretary of State decides to extend the

suspension of the institution’s registration, the notice under

section 118B (8) (notice of decision to extend suspension

following warning notice) must state that the Secretary of State

has decided not to impose or extend a stop boarding

requirement.

(10)

Where the Secretary of State decides to impose or extend a stop

boarding requirement on the proprietor of a boarding institution, the

notice under section 118B (8) (notice of decision to extend suspension

following warning notice) given to the proprietor must also inform

the proprietor of the decision and—

(a)

in the case of a decision to impose a new stop boarding

requirement—

(i)

specify whether the requirement relates to all boarders

at the institution or, if not, the description of boarders

to whom it relates,

(ii)

specify the date on which the requirement starts,

(iii)

specify the date on which the requirement ends, which

may be on the date that the suspension ends or an

earlier date, and

(iv)

explain the right of appeal conferred by section 125;

(b)

in the case of a decision to extend a stop boarding

requirement—

(i)

specify the date on which the extension ends, which

may be on the date that the suspension ends or an

earlier date, and

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(ii)

explain the right of appeal conferred by section 125.

(11)

Where the Secretary of State decides to impose or extend a stop

boarding requirement on the proprietor of a boarding institution in a

case where the Secretary of State has not given the proprietor a

warning notice under section 118B (5) (see section 118B (9) ), the notice

under section 118B (10) (notice of decision to extend suspension in

urgent cases) given to the proprietor must also inform the proprietor

of the decision and—

(a)

in the case of a decision to impose a new stop boarding

requirement—

(i)

explain the effect of a stop boarding requirement,

(ii)

specify whether the requirement relates to all boarders

at the institution or, if not, the description of boarders

to whom it relates,

(iii)

specify the date on which the requirement ends, which

may be on the date that the suspension ends or an

earlier date, and

(iv)

explain the right of appeal conferred by section 125;

(b)

in the case of a decision to extend a stop boarding

requirement—

(i)

specify the date on which the requirement ends, which

may be on the date that the suspension ends or an

earlier date, and

(ii)

explain the right of appeal conferred by section 125.

(12)

Where the Secretary of State extends a stop boarding requirement

under this section, the requirement lasts until the date specified in the

notice under section 118B (8) or (10) (see subsections (10) and (11) ),

unless it ends earlier by virtue of subsection (2) or (3) or is extended

again under subsection (4) (a) .

118F

Offence of providing boarding accommodation in breach of stop

boarding requirement

(1)

The proprietor of a boarding institution that provides boarding

accommodation to a student in breach of a stop boarding requirement

is guilty of an offence.

(2)

It is a defence for a person charged with an offence under subsection

(1) to prove that—

(a)

they and the head teacher of the institution (if a different

person) did not know and could not reasonably have been

expected to know of the existence of the notice given under

section 118A or 118B that caused the stop boarding requirement

to have effect at the time of the alleged offence, or

(b)

the conduct prohibited by subsection (1) ceased as soon as

reasonably practicable after that notice was given.

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(3)

A person guilty of an offence under subsection (1) is liable on summary

conviction to imprisonment for a term not exceeding the maximum

term for summary offences or to a fine (or to both).

(4)

“The maximum term for summary offences” means—

(a)

if the offence is committed before the time when section 281 (5)

of the Criminal Justice Act 2003 (alteration of penalties for

certain summary offences: England and Wales) comes into

force, six months;

(b)

if the offence is committed after that time, 51 weeks.

(5)

If boarding accommodation is provided under an arrangement between

a boarding institution and another person, it is irrelevant for the

purposes of this section when that arrangement was made.”

(5)

In section 124 (appeal by proprietor against decision of Secretary of State to

deregister), after subsection (4) insert—

“(4A)

Where the Tribunal is considering disposing under subsection (3)(b)

or (c) of an appeal under subsection (1)(d), it must—

(a)

have due regard to the principle that the independent

educational institution standards should be met, and to the

likelihood that they will be met in relation to the institution

which is the subject of the appeal, on an ongoing basis, and

(b)

for that purpose, assume those standards will not be met in

relation to the institution on an ongoing basis unless its

proprietor adduces sufficient evidence in the course of the

appeal to satisfy the Tribunal that they will be.”

(6)

In section 125 (appeal by proprietor against other decisions of Secretary of

State)—

(a)

in subsection (1) —

(i)

omit the “or” at the end of paragraph (c) ;

(ii)

after paragraph (d) insert—

“(e)

section 118A (1) (suspension of registration),

(f)

section 118B (4) (extension of suspension),

(g)

section 118D (1) or 118E (4) (b) (imposition of stop

boarding requirement), or

(h)

section 118E (4) (a) (extension of stop boarding

requirement).”;

(b)

after subsection (7) insert—

“(8)

On an appeal under subsection (1) (e) or (f) , the Tribunal may—

(a)

confirm the suspension, or

(b)

direct that the suspension is to cease to have effect.

(9)

On an appeal under subsection (1) (g) or (h) , the Tribunal may—

(a)

confirm the requirement, or

(b)

direct that the requirement is to cease to have effect.

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(10)

Tribunal Procedure Rules may make provision for the

suspension by the Tribunal of a decision under any of the

following provisions, whether or not the decision has already

taken effect—

(a)

section 118A (1) (suspension of registration),

(b)

section 118B (4) (extension of suspension),

(c)

section 118D (1) or 118E (4) (b) (imposition of stop

boarding requirement), or

(d)

section 118E (4) (a) (extension of stop boarding

requirement).”

(7)

After section 126 insert—

“126A

Determination by Tribunal of whether persons are fit and proper

(1)

This section applies where the question of whether an institution meets,

has met or is likely to meet an independent educational institution

standard prescribed under section 94 (1A) (a) (i) or (b) (fit and proper

persons) is relevant to an application or appeal to the Tribunal under

this Chapter.

(2)

The Tribunal may determine that question for the purposes of the

application or appeal, including by finding that a relevant person is,

was or would be a fit and proper person to be involved in the running

of an independent educational institution even if the Secretary of State

is not of that opinion.

(3)

“Relevant person” means—

(a)

where the proprietor or proposed proprietor of the institution

mentioned in subsection (1) is a body of persons, a person

having, or proposed to have, general control and management

of, or legal responsibility and accountability for, the proprietor

or proposed proprietor;

(b)

where the proprietor or proposed proprietor of the institution

mentioned in subsection (1) is an individual, the individual.”

(8)

The amendment made by subsection (5) does not apply in relation to a

decision taken by the Secretary of State under section 116 (1) (b) of the

Education and Skills Act 2008 before the coming into force of subsection (5) .

Unregistered independent educational institutions: prevention orders

(1)

In section 96 of the Education and Skills Act 2008 (unregistered independent

educational institutions: offence), after subsection (4) insert—

“(5)

Schedule A1 makes provision enabling a court to make a prevention

order where a person is convicted of an offence under this section.”

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(2)

Before Schedule 1 to that Act insert—

“Schedule A1

Section 96

Unregistered independent educational institutions: prevention orders

Making a prevention order

(1)

Where a person (the “defendant”) is convicted of an offence under

section 96 (conducting an unregistered independent educational

institution), the prosecution may apply for a prevention order before

the defendant is sentenced for the offence.

(2)

On an application under sub-paragraph (1) , the court may make a

prevention order if it thinks it is appropriate to do so for the purpose

of protecting children from the risk of harm (within the meaning

of section 31 (9) of the Children Act 1989 ) arising from the

defendant—

(a)

conducting an unregistered independent educational

institution, or

(b)

otherwise providing children with education, childcare,

instruction or supervision.

(3)

A prevention order is an order which, for the purpose mentioned

in sub-paragraph (2) —

(a)

requires the defendant to do anything specified in the order,

(b)

prohibits the defendant from doing anything specified in

the order.

(4)

The court may make a prevention order in respect of the defendant

only if it is made in addition to—

(a)

a sentence imposed in respect of the offence under section

96, or

(b)

an order discharging the offender conditionally.

(5)

If, following an application by the prosecution for a prevention

order, the court decides not to make such an order, it must state in

open court its reasons for that decision.

Duration of prevention order

(1)

A prevention order takes effect on the day on which it is made.

(2)

A prevention order must specify the period for which it has effect,

which must be a fixed period of at least six months and not more

than three years.

(3)

Where a court makes a prevention order in respect of a defendant

who is already subject to such an order, the earlier order ceases to

have effect.

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Application for variation or discharge of prevention order

(1)

The defendant may apply to the appropriate court for an order

varying or discharging a prevention order.

(2)

On an application under this paragraph, the court may by order

vary or discharge the prevention order.

(3)

A defendant may not make an application under this paragraph—

(a)

before the end of the period of three months beginning with

the day on which the prevention order was made, or

(b)

before the end of the period of three months beginning with

the day on which any previous application under this

paragraph was refused.

(4)

“The appropriate court” means—

(a)

in any case, the court that made the order, or

(b)

in a case where the defendant is an individual, a magistrates’

court for the area in which the defendant lives.

Offence of breaching prevention order

(1)

A person who breaches a prevention order is guilty of an offence.

(2)

A person guilty of an offence under this paragraph is liable on

summary conviction to imprisonment for a term not exceeding the

maximum term for summary offences or to a fine (or to both).

(3)

“The maximum term for summary offences” means—

(a)

if the offence is committed before the time when section

281 (5) of the Criminal Justice Act 2003 (alteration of penalties

for certain summary offences: England and Wales) comes

into force, six months;

(b)

if the offence is committed after that time, 51 weeks.

(4)

Where a person is convicted of an offence under this paragraph, it

is not open to the court by or before which the person is convicted

to make, in respect of the offence, an order for conditional discharge.

Transitional provision

This Schedule does not apply in relation to a conviction before the

coming into force of this Schedule of an offence under section 96.”

(3)

In section 379 of the Sentencing Act 2020 , in the table in subsection (1), after

the entry for the Serious Crime Act 2007 insert—

“Education and Skills Act 2008

Schedule A1

prevention order

offence of conducting an unregistered

independent educational institution in

England”.

Page 99

Material changes

(1)

The Education and Skills Act 2008 is amended as follows.

(2)

In section 98 (applications for registration)—

(a)

in subsection (3) —

(i)

in paragraph (e) , after “students” insert “, including under

arrangements with other persons”;

(ii)

after paragraph (e) insert—

“(ea)

the address and description of buildings

occupied by the institution and made available

for student use (within the meaning given by

section 101 (2B) );”;

(b)

after subsection (3) insert—

“(3A)

Regulations may make provision about what constitutes a type

of special educational need for the purposes of subsection (3)(g)

or section 101 (2) (i) .”

(3)

In section 99 (determination of applications for registration), after subsection

(5) insert—

“(6)

In relation to information supplied pursuant to section 98(3) (ea)

(buildings used by students), subsection (5)(c) does not require the

Secretary of State to include in the register—

(a)

any information about a building if its address is the same as

the address to be included in the register under subsection

(5)(a), or

(b)

if the address of a building is different to that address, any

information about it other than its address,

and an address included in the register in accordance with paragraph

(b) is not a registered address of the institution for the purposes of

section 137 (service of notice).”

(4)

In the italic heading before section 101 (material change), omit “to registered

details”.

(5)

In section 101 (definition of “material change”), for subsections (2) and (3)

substitute—

“(2)

“A material change” means any of the following—

(a)

a change of proprietor;

(b)

a change of address;

(c)

a change to the age range of students;

(d)

a change to the maximum number of students;

(e)

a change to whether the institution is for male or female

students or both;

(f)

a change to whether the institution provides accommodation

for students;

Page 100

(g)

a change of the buildings occupied by the institution and made

available for student use (see subsections (2B) and (2C) );

(h)

a change to whether the institution is a special institution;

(i)

in the case of a special institution, a change to the type or types

of special educational needs for which it makes special

educational provision.

(2A)

For the purposes of subsection (2) (f) an institution providing

accommodation includes providing it under arrangements with other

persons (other than in connection with a residential trip away from

the institution).

(2B)

For the purposes of subsection (2) (g) —

(a)

“building” means any—

(i)

building,

(ii)

part of a building, or

(iii)

permanent outdoor structure,

which is wholly or mainly enclosed;

(b)

the circumstances where a building is “occupied” by an

institution include the institution occupying the building only

during a school day or part of a school day;

(c)

a building is made available “for student use” if it will be

routinely used by students at the institution for a purpose

connected with education.

(2C)

Subsection (2) (g) does not include a change that is reasonably expected

by the proprietor to persist for a period of less than six months

beginning with the day on which the change is made, but such a

change becomes a material change if, at the beginning of the first day

after the end of that period, it persists.”

(6)

In section 102 (requirement to apply for approval for material change), after

subsection (2) insert—

“(3)

Regulations may specify—

(a)

the information that must be contained in an application for

approval under this section, and

(b)

the manner in which an application must be made.”

(7)

For section 103 (inspections) substitute—

“103

Inspections relating to applications for approval

(1)

Where an application for approval of a material change is made under

section 102 or an appeal is brought under section 125(1)(b) against a

decision not to approve a material change, the Secretary of State may

direct the Chief Inspector to—

(a)

inspect the institution, and

(b)

make a report to the Secretary of State on all or particular

matters that the Secretary of State must consider in determining

the application (see section 104 (1A) and (1B) ).

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(2)

Where such an application is made or such an appeal is brought, the

Secretary of State may arrange for an independent inspectorate, which

has been approved under section 106 in relation to the institution,

to—

(a)

inspect the institution, and

(b)

make a report to the Secretary of State on all or particular

matters that the Secretary of State must consider in determining

the application.”

(8)

In section 104 (determination of applications for approval)—

(a)

for subsection (1) substitute—

“(1)

This section applies where the proprietor of a registered

independent educational institution makes an application under

section 102 for approval of a material change.

(1A)

The Secretary of State must approve the change if—

(a)

the Secretary of State is satisfied that the independent

educational institution standards are being met in

relation to the institution at the time when the

application is being decided, and

(b)

the Secretary of State is satisfied that the standards are

likely to continue to be met if the change is made.

(1B)

If, at the time the Secretary of State decides the application,

the Secretary of State is satisfied that the independent

educational institution standards are not being met in relation

to the institution, the Secretary of State—

(a)

must approve the change if satisfied that the standards

are likely to be met immediately if the change is made;

(b)

may approve the change if satisfied—

(i)

that the standards are likely to be met within a

reasonable time of the change being made, and

(ii)

that, during the period before the standards are

met, the change is likely to be beneficial to the

education, welfare or safety of students who

attend, or who might attend, the institution.”;

(b)

in subsection (2) —

(i)

in the words before paragraph (a) , for “subsection (1)” substitute

“this section”;

(ii)

in paragraph (a) , after “Chief Inspector” insert “or an

independent inspectorate”;

(iii)

in paragraph (b) , for “relating to the independent educational

institution standards” substitute “that is relevant to the

application”;

(c)

in subsection (3) , for “subsection (1)” substitute “this section”;

(d)

in subsection (4) , for “subsection (1) to refuse” substitute “this section

not”.

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(9)

In section 105 (powers where institution makes unapproved material change),

in subsection (1) (c) (ii) for “has been refused” substitute “the Secretary of State

has decided not to approve it”.

(10)

In section 125 (appeal by proprietor against other decisions of Secretary of

State), in subsection (1) (b) , for “104(1) (refusal” substitute “104 (decision not”.

(11)

In section 166 (orders and regulations), in subsection (6)(a), after

“circumstances” insert “, purposes”.

Deregistration by agreement

(1)

The Education and Skills Act 2008 is amended as follows.

(2)

In section 100 (power to deregister), after subsection (1) insert—

“(1A)

The Secretary of State may also remove a registered institution from

the register if the proprietor of the institution requests, or agrees to,

its removal in writing.”

(3)

In section 100 (3) , in the words before paragraph (a) , for “The Secretary of

State's decision” substitute “A decision by the Secretary of State under

subsection (1)”.

(4)

In section 124 (1) (a) (appeal against decision to deregister under section 100)

for “100” substitute “100(1)”.

Imposition of relevant restrictions

(1)

The Education and Skills Act 2008 is amended as follows.

(2)

In section 105 —

(a)

in the heading, for “Power to deregister” substitute “Powers in relation

to”;

(b)

in subsection (1) —

(i)

for the words before paragraph (a) substitute “This section

applies where—”;

(ii)

in paragraph (a) , for “the” substitute “an independent

educational”;

(c)

after subsection (1) insert—

“(1A)

The Secretary of State may—

(a)

impose a relevant restriction on the proprietor of the

institution (see section 117), or

(b)

remove the institution from the register.”;

(d)

in subsection (2) , omit “to remove it from the register”;

(e)

in subsection (3) (a) , after “124” insert “or 125”.

(3)

In section 117 (meaning of “relevant restriction”), in subsection (2) (a) , after

“section” insert “105(1A)(a) or”.

(4)

In section 118 (relevant restrictions imposed by Secretary of State)—

Page 103

(a)

in subsection (1) , before “116(1)(a)” insert “105(1A)(a) or”;

(b)

in subsection (2) , omit “not exceeding level 5 on the standard scale”.

(5)

In section 125 (appeal by proprietor against other decisions of Secretary of

State), in subsection (1) (c) , after “section” insert “105(1A)(a) or”.

Powers of entry and investigation etc

(1)

The Education and Skills Act 2008 is amended as follows.

(2)

Omit section 97 (unregistered independent educational institutions: inspection).

(3)

After section 127 insert—

“Powers of entry and investigation etc

127A

Reasonable cause required to exercise powers

(1)

The Chief Inspector may exercise the powers of entry and investigation

conferred by sections 127B to 127D if the Chief Inspector has reasonable

cause to believe—

(a)

that a relevant offence is being or has been committed on the

premises to be entered, or

(b)

that evidence of the commission of a relevant offence may be

found on or accessed from the premises to be entered.

(2)

In this section and sections 127B to 127D “relevant offence” means an

offence under—

(a)

section 96 (conducting an unregistered independent educational

institution),

(b)

section 118 (failure to comply with relevant restriction imposed

by Secretary of State),

(c)

section 118C (providing education at institution when

registration is suspended),

(d)

section 118F (providing boarding accommodation in breach of

stop boarding requirement),

(e)

section 121 (failure to comply with relevant restriction imposed

by justice of the peace),

(f)

section 127 (failure to comply with relevant restriction imposed

by Tribunal),

(g)

section 127F (obstruction of or failure to comply with

investigation), or

(h)

paragraph 4 of Schedule A1 (breach of prevention order

imposed following section 96 offence).

127B

Entry without warrant and powers of investigation

(1)

The Chief Inspector may, without a warrant, enter any premises (see

also section 127C for entry to premises under warrant).

Page 104

(2)

The power of entry must be exercised at a reasonable hour.

(3)

Before entering any premises under this section, the Chief Inspector

must—

(a)

produce evidence of their identity, and

(b)

outline the purpose for which the power is exercised,

if asked to do so by a person on the premises.

(4)

On entering any premises under this section, the Chief Inspector may—

(a)

inspect the premises;

(b)

inspect and take copies of any document found on the premises;

(c)

inspect any equipment found on the premises;

(d)

take measurements of the premises or anything found on the

premises;

(e)

take photographs and make audio and video recordings on

the premises.

(5)

When entering premises under this section, the Chief Inspector may

be accompanied by any person and bring anything to facilitate the

exercise of a power conferred by subsection (4) .

(6)

A person who accompanies the Chief Inspector under subsection (5)

may only do something intended to facilitate the exercise of a power

conferred by subsection (4) while—

(a)

in the company of the Chief Inspector, and

(b)

under the Chief Inspector’s supervision.

(7)

In this section and section 127D “document” means anything in which

information of any description is recorded.

(8)

This section does not confer power to inspect or take copies of anything

of a kind specified in section 9 (2) of the Police and Criminal Evidence

Act 1984 (legally privileged material etc).

127C

Entry under warrant

(1)

The Chief Inspector may enter premises if authorised by a warrant

under this section to do so.

(2)

A justice of the peace may issue a warrant under this section only if

satisfied, on an application by the Chief Inspector, that the requirement

in section 127A (1) (reasonable cause for belief) is met, and that—

(a)

entry to the premises under section 127B has been refused or

is likely to be refused unless a warrant is produced,

(b)

it is not practicable to communicate with any person entitled

to grant entry,

(c)

entering or attempting to enter the premises without a warrant

may frustrate or seriously prejudice the purpose of entering,

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(d)

to investigate a relevant offence effectively, the powers of

investigation conferred by section 127D (1) should be available

to the Chief Inspector (in addition to those conferred by section

127B ).

(3)

A warrant under this section may authorise the Chief Inspector to

enter—

(a)

one or more premises specified in the application, or

(b)

any premises occupied or controlled by a person specified in

the application (an “all premises warrant”).

(4)

If the application is for an all premises warrant, the justice of the peace

must also be satisfied—

(a)

that there are reasonable grounds for believing that it is

necessary to enter premises occupied or controlled by the

person which are not specified in the application to investigate

a relevant offence effectively, and

(b)

that it is not reasonably practicable to specify in the application

all the premises which the person occupies or controls and

may need to be entered to investigate the offence effectively.

(5)

A warrant under this section authorises entry on one occasion only

unless it specifies that it authorises multiple entries.

(6)

If the warrant authorises multiple entries, it must also specify whether

the number of entries authorised is unlimited or limited to a specified

maximum.

(7)

A warrant under this section—

(a)

authorises the Chief Inspector to exercise the powers of

investigation conferred by section 127D (1) (a) , and

(b)

may authorise the Chief Inspector to exercise the powers of

investigation conferred by section 127D (1) (b) to (k) or particular

powers.

(8)

The power of entry must be exercised at a reasonable hour unless the

Chief Inspector considers that the purpose of entry and investigation

may be frustrated by entry at a reasonable hour.

(9)

Before entering premises under a warrant, the Chief Inspector must—

(a)

produce evidence of their identity, and

(b)

outline the purpose for which the power is exercised,

if asked to do so by a person on the premises.

(10)

On entering premises under a warrant, the Chief Inspector must—

(a)

provide a copy of the warrant to the occupier or to any other

person appearing to be in charge of the premises, or

(b)

if neither the occupier nor any such person is present, leave a

copy of the warrant in a prominent place on the premises.

Page 106

(11)

When entering premises under a warrant, the Chief Inspector may be

accompanied by any person and bring anything to facilitate the exercise

of a power conferred by section 127D (1) .

(12)

A person who accompanies the Chief Inspector under subsection (11)

may only do something intended to facilitate the exercise of a power

conferred by section 127D (1) while—

(a)

in the company of the Chief Inspector, and

(b)

under the Chief Inspector’s supervision.

(13)

The following provisions of the Police and Criminal Evidence Act 1984

apply to a warrant under this section as though references there to a

constable were to the Chief Inspector—

(a)

subsections (2) to (8) of section 15 (search warrants: safeguards);

(b)

subsections (3) , (9) , and (10) to (12) of section 16 (execution of

warrants).

127D

Powers of investigation following entry under warrant

(1)

On entering any premises under a warrant issued under section 127C

(and subject to any limitation imposed under section 127C (7) ) the

Chief Inspector may—

(a)

do anything that may be done under section 127B (4) (following

an entry without warrant);

(b)

search the premises;

(c)

inspect any information capable of being viewed using

equipment or a device on the premises;

(d)

require any person on the premises to produce any document

in the person’s possession or control;

(e)

take copies of any document produced in response to a

requirement under paragraph (d) ;

(f)

require any person on the premises to produce any information

which is stored in electronic form and is accessible from the

premises in a form in which it can be taken away and in which

it is visible and legible (or from which it can readily be

produced in a visible and legible form);

(g)

operate any equipment found on the premises for the purposes

of producing such information in such a form;

(h)

take copies of anything produced under paragraph (f) or (g) ;

(i)

seize any document or equipment found on the premises, or

anything produced in response to a requirement under

paragraph (d) or (f) or produced under paragraph (g) ;

(j)

interview any person aged 18 or over on the premises where

there is reasonable cause to believe that the person can provide

information relating to a relevant offence, and require the

person to provide any such information;

(k)

require any person on the premises to provide the Chief

Inspector with whatever facilities and assistance within the

Page 107

person’s control are necessary to enable the Chief Inspector to

exercise the powers conferred by this section.

(2)

The Chief Inspector may only exercise a power conferred by subsection

(1) (b) to (k) for the purpose for which the warrant under section 127C

was issued.

(3)

Anything seized under subsection (1) (e) , (h) or (i) may be retained for

so long as is necessary in all the circumstances.

(4)

Where the Chief Inspector exercises the power conferred by subsection

(1) (j) to interview a person—

(a)

they may be interviewed either alone or in the presence of one

or more other persons;

(b)

no answer which the person gives during the interview is

admissible in evidence against the person, or the person’s

spouse or civil partner, in any criminal proceedings.

(5)

Subsection (4) (b) does not apply in relation to proceedings for—

(a)

an offence under section 127F (4) (refusal to be interviewed or

provide information during an interview),

(b)

an offence under section 5 of the Perjury Act 1911 , or

(c)

another offence where, in giving evidence, the person makes

a statement inconsistent with an answer given by them during

the interview.

(6)

An answer may not be used against a person by virtue of subsection

(5) (c) unless evidence relating to it is adduced, or a question relating

to it is asked, by or on behalf of the person in the proceedings.

(7)

This section does not confer power to inspect, seize or take copies of

anything of a kind specified in section 9 (2) of the Police and Criminal

Evidence Act 1984 (legally privileged material etc).

127E

Power of constable to assist

(1)

The Chief Inspector may apply to a justice of the peace for a warrant

authorising a constable to assist the Chief Inspector, using reasonable

force if necessary, to—

(a)

enter premises mentioned in subsection (2) under a warrant

issued under section 127C , or

(b)

exercise a power conferred by section 127D on premises

mentioned in subsection (2) .

(2)

The premises are—

(a)

one or more premises specified in the application, or

(b)

any premises occupied or controlled by a person specified in

the application.

(3)

The justice may issue a warrant only if satisfied that the requirement

in section 127A (1) (reasonable cause for belief) is met, and that—

Page 108

(a)

the Chief Inspector has attempted to exercise a power conferred

by section 127C or 127D but has been prevented from doing

so,

(b)

the Chief Inspector reasonably expects to be prevented from

exercising any such power if an attempt to do so is made, or

(c)

the purpose of exercising any such power may be frustrated

unless the Chief Inspector, on arriving at the premises, can

exercise the power immediately.

(4)

A warrant under this section must be issued to and executed by a

constable.

(5)

Section 15 of the Police and Criminal Evidence Act 1984 (search

warrants: safeguards) applies in relation to a warrant under this section

as though references in subsections (2) and (4) to a constable were to

the Chief Inspector.

127F

Offences: obstruction etc

(1)

A person commits an offence if they intentionally obstruct another

person in the exercise of any power conferred by section 127B , 127C

or 127D .

(2)

A person commits an offence if they intentionally fail to produce any

document required under section 127D (1) (d) .

(3)

A person commits an offence if they intentionally fail to produce any

information required under section 127D (1) (f) in the form required

under that paragraph.

(4)

A person commits an offence if they—

(a)

refuse to be interviewed under section 127D (1) (j) , or

(b)

intentionally fail to provide any information required during

the course of an interview under that paragraph.

(5)

A person commits an offence if they intentionally fail to comply with

a requirement reasonably imposed under section 127D (1) (k) (power

to require assistance).

(6)

In proceedings for an offence under any of subsections (2) to (5) , it is

a defence to show that the person had a reasonable excuse—

(a)

in the case of an offence under subsection (2) , for failing to

produce the document;

(b)

in the case of an offence under subsection (3) , for failing to

produce the information in the form required;

(c)

in the case of an offence under subsection (4) (a) , for refusing

to be interviewed;

(d)

in the case of an offence under subsection (4) (b) , for failing to

provide the information;

(e)

in the case of an offence under subsection (5) , for failing to

comply with the requirement.

Page 109

(7)

A person is taken to have shown a fact mentioned in subsection (6)

if—

(a)

sufficient evidence is adduced to raise an issue with respect to

it, and

(b)

the contrary is not proved beyond reasonable doubt.

(8)

A person who commits an offence under this section is liable on

summary conviction to a fine.

(4)

In section 138 (interpretation), after subsection (2) insert—

“(3)

A reference in this Chapter to an inspection of an institution does not

include a reference to an inspection of premises carried out by the

Chief Inspector in the course of exercising a power conferred by section

127B or 127D .”

(5)

The Criminal Justice and Police Act 2001 is amended as follows.

(6)

In section 57 (1) (retention of seized items), after paragraph (y) (inserted by

the Border Security, Asylum and Immigration Act 2025) insert—

“(z)

section 127D (3) of the Education and Skills Act 2008 .”

(7)

In section 65 (meaning of “legal privilege”)—

(a)

after subsection (8C) insert—

“(8D)

An item which is, or is comprised in, property which has been

seized in exercise or purported exercise of the power of seizure

conferred by section 127D (1) (e) , (h) or (i) of the Education and

Skills Act 2008 is to be taken for the purposes of this Part to

be an item subject to legal privilege if, and only if, the seizure

of that item was in contravention of section 127D (7) of that

Act.”;

(b)

in subsection (9) —

(i)

at the end of paragraph (e) omit “or”;

(ii)

at the end of paragraph (g) insert “, or”;

(iii)

after paragraph (g) insert—

“(h)

section 127D (1) (e) , (h) or (i) of the Education

and Skills Act 2008 .”

(8)

In Part 1 of Schedule 1 (powers of seizure to which section 50 of the Act

applies), after paragraph 73Y (inserted by the Border Security, Asylum and

Immigration Act 2025) insert—

“Education and Skills Act 2008

73Z

Each of the powers of seizure conferred by section 127D (1) (e) , (h)

and (i) of the Education and Skills Act 2008 .”

Application of schools provision to independent educational institutions

(1)

The Education and Skills Act 2008 is amended as follows.

Page 110

(2)

After section 137 insert—

“137A

Application of schools provision to independent educational

institutions

(1)

Regulations may provide for any relevant enactment to apply (with

or without modifications) in relation to an independent educational

institution (or an independent educational institution of a prescribed

description) which is not an independent school as that enactment

applies in England in relation to an independent school.

(2)

“Relevant enactment” means an enactment made by or under any

other Act passed before the end of the session in which the Children’s

Wellbeing and Schools Act 2025 was passed, including any other Act

as amended by or under that Act.”

(3)

In section 166 (2) (instruments subject to affirmative procedure)—

(a)

omit the “or” at the end of paragraph (g) ;

(b)

after that paragraph insert—

“(ga)

regulations under section 137A , or”.

Inspections of schools and colleges

Inspectors and inspectorates: reports and information sharing

(1)

In section 87BA of the Children Act 1989 (quality assurance of inspectors

under section 87A), for subsection (1) substitute—

“(1)

The Secretary of State may require the Chief Inspector for England to

prepare and send to the Secretary of State a report about—

(a)

a particular inspector appointed under section 87A, or

(b)

inspectors appointed under that section generally or of a

particular description.”

(2)

After that section insert—

“87BB

Information sharing between the Chief Inspector for England and

section 87A inspectors

(1)

The Chief Inspector for England may disclose information to an

inspector appointed under section 87A for the purpose of enabling or

facilitating the exercise by the inspector of the function mentioned in

section 87A(2)(b).

(2)

Except as provided by subsection (3) , a disclosure of information under

this section made for the purpose of safeguarding or promoting the

welfare of children provided with accommodation by a school or

college does not breach—

(a)

any obligation of confidence owed by the Chief Inspector for

England, or

Page 111

(b)

any other restriction on the disclosure of information (however

imposed).

(3)

The power conferred by subsection (1) does not operate to authorise

a disclosure of information which would contravene the data protection

legislation (but the power must be taken into account in determining

whether the disclosure would contravene that legislation).

(4)

“The data protection legislation” has the same meaning as in the Data

Protection Act 2018 (see section 3 of that Act).”

(3)

In section 107 of the Education and Skills Act 2008 (quality assurance of

independent inspectorates), for subsection (1) substitute—

“(1)

The Secretary of State may require the Chief Inspector to prepare and

send to the Secretary of State a report about—

(a)

a particular independent inspectorate, or

(b)

independent inspectorates generally or of a particular

description.”

(4)

After that section insert—

“107A

Information sharing between the Chief Inspector and independent

inspectorates

(1)

The Chief Inspector may disclose information to an independent

inspectorate for the purpose of enabling or facilitating the inspection

by the inspectorate of registered independent educational institutions.

(2)

Except as provided by subsection (3) , a disclosure of information under

this section made for the purpose of safeguarding or promoting the

welfare of students at a registered independent educational institution

does not breach—

(a)

any obligation of confidence owed by the Chief Inspector, or

(b)

any other restriction on the disclosure of information (however

imposed).

(3)

The power conferred by subsection (1) does not operate to authorise

a disclosure of information which would contravene the data protection

legislation (but the power must be taken into account in determining

whether the disclosure would contravene that legislation).

(4)

“The data protection legislation” has the same meaning as in the Data

Protection Act 2018 (see section 3 of that Act).”

Teacher misconduct

Teacher misconduct

(1)

The Education Act 2002 is amended as follows.

(2)

In section 141A (teachers to whom misconduct regime applies)—

(a)

in subsection (1) —

Page 112

(i)

in the words before paragraph (a) , after “is” insert “or has (at

any time) been”;

(ii)

after paragraph (ba) insert—

“(bb)

an independent educational institution in

England that is not a school,

(bc)

an institution in England within the further

education sector,

(bd)

a special post-16 institution in England,

(be)

an independent training provider,

(bf)

an online education provider (see section

141AA ),”;

(b)

in subsection (2) , after the definition of “children’s home” insert—

““independent educational institution” has the same meaning as

in Chapter 1 of Part 4 of the Education and Skills Act 2008 ;

“independent training provider” has the same meaning as in

sections 1 to 4 of the Skills and Post-16 Education Act 2022

(see section 4 of that Act);

“special post-16 institution” has the same meaning as in Part 3

of the Children and Families Act 2014 (see section 83 of that

Act);”.

(3)

After section 141A insert—

“141AA

Meaning of “online education provider”

(1)

An online education provider is an institution that meets the following

conditions.

(2)

The first condition is that it is—

(a)

a company registered under the Companies Act 2006 which

has its registered office for the purposes of that Act in England,

(b)

a charity registered in accordance with section 30 of the

Charities Act 2011 which has its address in England for the

purposes of registration by the Charity Commission.

(3)

The second condition is that it provides education to at least one

student who lives in England and who—

(a)

is of compulsory school age,

(b)

is over compulsory school age but is under the age of 19, or

(c)

is aged 19 or over and has an EHC plan that specifies that the

student should be in full-time education.

(4)

The third condition is that at least one of the students mentioned in

subsection (3) receives all or the majority of their education from the

institution.

(5)

The fourth condition is that it is set up to deliver all or the majority

of the education that it provides online.

Page 113

(6)

The Secretary of State may by regulations amend this section so as to

add a new condition or remove or change a condition for the time

being specified.”

(4)

In section 141B (investigation of disciplinary cases by the Secretary of State)—

(a)

in subsection (1) —

(i)

in the words before paragraph (a) , for “an allegation is referred”

substitute “it appears”;

(ii)

in paragraph (a) , for “may be” substitute “may (at any time)

have been”;

(b)

after subsection (3) insert—

“(3A)

For the purposes of subsection (1)(a) or (b) it is irrelevant

whether the conduct occurred, or the offence was committed,

at a time when the person was employed or engaged to carry

out teaching work or at some other time.”

(5)

In section 141D (4) (supply of information following dismissal, resignation etc:

definitions)—

(a)

in the definition of “relevant employer”—

(i)

in paragraph (c) , for “or 16 to 19 Academy” substitute “, a 16

to 19 Academy, an independent educational institution or a

special post-16 institution”;

(ii)

after paragraph (d) insert—

“(da)

a person who employs or engages a person to

teach at an institution within the further

education sector, an independent training

provider or an online education provider;”;

(iii)

in paragraph (e) , after “employs” insert “or engages”;

(b)

after the definition of “children’s home” insert—

““independent educational institution” has the same meaning as

in Chapter 1 of Part 4 of the Education and Skills Act 2008 ;

“independent training provider” has the same meaning as in

sections 1 to 4 of the Skills and Post-16 Education Act 2022

(see section 4 of that Act);”;

(c)

after the definition of “services” insert—

““special post-16 institution” has the same meaning as in Part 3 of

the Children and Families Act 2014 (see section 83 of that Act);”.

(6)

In section 210 (3) (instruments subject to affirmative procedure)—

(a)

in the words before paragraph (a) , after “order” insert “or regulations”;

(b)

omit the “or” at the end of paragraph (e) ;

(c)

after paragraph (f) insert “or

“(g)

section 141AA (6) ,”.

Page 114

School teachers’ qualifications and induction

School teachers’ qualifications and induction

(1)

The Education Act 2002 is amended as follows.

(2)

In section 133 (requirement to be qualified), in subsection (6)—

(a)

omit “or” after paragraph (a);

(b)

after paragraph (b) insert “, or

“(c)

Academies of a description specified by the Secretary

of State in regulations under this section.”

(3)

In section 135A(4) (requirement to serve induction period: teachers in England),

at the end of the definition of “relevant school” insert “or Academies of a

description specified by the Secretary of State in regulations under this

section.”

Academies

Academy schools: duty to follow National Curriculum

(1)

The Academies Act 2010 is amended as follows.

(2)

In section 1A (Academy schools)—

(a)

in subsection (1), for paragraph (b) substitute—

“(b)

its curriculum—

(i)

satisfies the requirements of section 78 of EA

2002 (balanced and broadly based curriculum),

and

(ii)

includes the National Curriculum (see section

80(1)(b) of that Act),”;

(b)

after subsection (3) insert—

“(4)

Any provision in Academy arrangements which is inconsistent

with the requirement specified in subsection (1)(b)(ii) is of no

effect to the extent of the inconsistency.

(5)

Subsection (1)(b)(ii) does not apply in relation to an educational

institution to the extent that—

(a)

a direction under section 90(1) of EA 2002 (development

work and experiments), or

(b)

regulations under section 91 of that Act (exceptions),

provide that the National Curriculum does not apply in relation

to the institution.

(6)

See section 13A and Schedule 1A for provision about the

application of provisions of EA 2002 for the purposes of

subsection (1)(b)(ii).”

Page 115

(3)

After section 13 insert—

“13A

Application of education legislation

Schedule 1A provides for certain legislation relating to the provision

of education to apply in relation to Academies.”

(4)

After Schedule 1 insert—

“Schedule 1A

Section 13A

Application of education legislation

Part 6 of EA 2002: National Curriculum for England

Sections 82 to 94 and 96 of EA 2002 (National Curriculum for

England) apply in relation to an Academy school, for the purposes

of section 1A(1)(b)(ii) of this Act, as they apply in relation to a

maintained school within the meaning of Part 6 of EA 2002.

For the purposes of paragraph 1 , sections 82 to 94 and 96 of EA

2002 apply as if—

(a)

references to the governing body or the head teacher of a

maintained school were to the proprietor of an Academy

school;

(b)

in section 88 (implementation of the National Curriculum

for England in schools), in each of subsections (1) and (1A),

paragraph (a) were omitted;

(c)

in section 90 (development work and experiments)—

(i)

for subsection (3) there were substituted—

“(3)

The Secretary of State must not give a

direction under subsection (1) in relation to

an Academy school except on an application

by the proprietor of the school.”, and

(ii)

subsection (4) were omitted;

(d)

in section 94 (information concerning directions under section

93)—

(i)

for subsection (1) there were substituted—

“(1)

Where the proprietor of an Academy school

gives or varies a direction under regulations

made under section 93, the proprietor must

take such steps as may be prescribed to give

the information mentioned in subsection (2)

to a parent of the pupil concerned.”, and

(ii)

for subsection (4) there were substituted—

“(4)

Where the proprietor of an Academy school

includes an indication of any such opinion in

information given under subsection (1), the

proprietor must also give that information, in

Page 116

such manner as may be prescribed, to the

local authority who are the responsible

authority in relation to the pupil in question.”;

(e)

in section 96(2) (procedure for orders and regulations), after

paragraph (b) there were inserted—

“(ba)

bodies representing the interests of proprietors

of Academy schools, and”.

(5)

In section 96 of the Education Act 2002 (procedure for making certain orders

and regulations), after subsection (7) insert—

“(8)

An order made under any provision of this Part may (in addition to

any provision that it may make by virtue of section 210(7)) make

provision amending Schedule 1A to the Academies Act 2010

(application of education legislation).”

Academy schools: educational provision for improving behaviour

(1)

In the Education Act 2002, in section 29A (power of governing body in

England: educational provision for improving behaviour), after subsection (4)

insert—

“(5)

Regulations may make provision for this section and regulations made

under it to apply, with prescribed modifications, in relation to

Academy schools.”

(2)

In the Education Act 1996, in section 444ZA (application of section 444 to

alternative educational provision), in subsection (1D)—

(a)

in the words before paragraph (a), for “or a pupil referral unit”

substitute “, a pupil referral unit or an Academy”;

(b)

after paragraph (b) insert—

“For provision about the application of sections 29A and 51A of the

Education Act 2002 in relation to Academies, see sections 29A (5) and

51A(12) of that Act.”

(3)

The provision that may be made in relation to Academy schools by the first

regulations under section 29A (5) of the Education Act 2002 includes provision

in relation to any relevant requirement imposed before those regulations come

into force.

(4)

In relation to an Academy school, the requirement referred to in section

444ZA(1B) of the Education Act 1996 includes a reference to a relevant

requirement imposed before the first regulations under section 29A (5) of the

Education Act 2002 come into force.

(5)

In subsections (3) and (4) “relevant requirement”, in relation to an Academy

school, means a requirement imposed by the proprietor of the school on a

registered pupil to attend any place outside the school premises for the

purpose of receiving educational provision which is intended to improve the

behaviour of the pupil.

Page 117

Academies: power to secure performance of proprietor’s duties etc

After section 497B of the Education Act 1996 (but before the italic heading

before section 498) insert—

“497C

Academies: power to secure performance of proprietor’s duties etc

(1)

If the Secretary of State is satisfied that the proprietor of an Academy—

(a)

has breached or is likely to breach a relevant duty, or

(b)

otherwise has acted or is proposing to act unreasonably with

respect to the performance of a relevant duty,

the Secretary of State may give the proprietor such directions as the

Secretary of State considers appropriate to secure the proper

performance of the relevant duty.

(2)

If the Secretary of State is satisfied that the proprietor of an Academy

has acted or is proposing to act unreasonably with respect to the

exercise of a relevant power, the Secretary of State may give the

proprietor such directions as the Secretary of State considers

appropriate as to the exercise of the relevant power.

(3)

In this section—

“relevant duty” means any duty (whether or not imposed by or

under an enactment) to which the proprietor of an Academy

is subject;

“relevant power” means any power conferred (whether or not by

or under an enactment) on the proprietor of an Academy.

(4)

Subsection (5) applies (instead of section 572) to the giving of a

direction under this section.

(5)

The Secretary of State may give a direction under this section to the

proprietor of an Academy by—

(a)

delivering it by hand to the proprietor,

(b)

leaving it at or sending it by post to any address at which the

Secretary of State believes, on reasonable grounds, that the

notice will come to the attention of the proprietor, or

(c)

sending it to any email address by means of which the

Secretary of State believes, on reasonable grounds, that the

notice will come to the attention of the proprietor.

(6)

A direction under this section is enforceable, on the application of the

Secretary of State, by a mandatory order.

(7)

In this section, a reference to an Academy includes a reference to a

city technology college and a city college for the technology of the

arts.”

Repeal of duty to make Academy order in relation to school causing concern

(1)

The Academies Act 2010 is amended as follows.

Page 118

(2)

In section 4 (Academy orders)—

(a)

omit subsection (A1);

(b)

in subsection (1)(b), omit “other than by virtue of section 61 or 62 of

EIA 2006”.

(3)

In section 5(2) (consultation about conversion: schools not eligible for

intervention), for “section 4(A1) or (1)(b)” substitute “section 4(1)(b)”.

(4)

Omit section 5A (consultation about identity of Academy sponsor).

(5)

In section 5B(1) (duty to facilitate conversion), for “section 4(A1) or (1)(b)”

substitute “section 4(1)(b)”.

(6)

In section 5C(1) (power to give directions to do with conversion), for “section

4(A1) or (1)(b)” substitute “section 4(1)(b)”.

(7)

In section 5D (power to revoke Academy orders)—

(a)

in the heading, for “section 4(A1) or (1)(b)” substitute “section 4(1)(b)”;

(b)

in subsection (1), for “section 4(A1) or (1)(b)” substitute “section

4(1)(b)”.

(8)

In the Education and Adoption Act 2016, omit sections 7 and 9.

(9)

The amendments made by this section are to be disregarded in a case where,

immediately before the day on which this section comes into force—

(a)

an order under section 4(A1) of the Academies Act 2010 has effect in

respect of a school, and

(b)

the school has not been converted into an Academy in pursuance of

the order (and for this purpose “converted into an Academy” is to be

read in accordance with section 4(3) of that Act).

Teachers’ pay and conditions

Pay and conditions of Academy teachers

Schedule 3 amends Part 8 of the Education Act 2002 (teachers’ pay and

conditions etc) in relation to the pay and conditions of teachers at Academies

(other than 16 to 19 Academies).

Application of pay and conditions orders to education action zones

(1)

Section 128 of the Education Act 2002 (application of section 122 orders to

teachers at schools forming part of education action zones) is repealed.

(2)

In section 210 (5) of that Act (order and regulations)—

(a)

at the end of paragraph (b) insert “or”;

(b)

omit paragraph (c) (together with the final “or”).

Page 119

School places and admissions

Co-operation between schools and local authorities

(1)

In the School Standards and Framework Act 1998, after section 85 insert—

“Co-operation between schools and local authorities

85ZA

Co-operation in discharging functions under this Part (England)

(1)

A local authority in England and the governing body of a maintained

school in England must co-operate in the exercise of their respective

functions under or by virtue of this Part.

(2)

A local authority in England and the proprietor of an Academy school

must co-operate in the exercise of their respective functions under or

by virtue of this Part.

(3)

Where Academy arrangements require the proprietor of an Academy

school to act as if a provision of this Part applied to the school, the

provision is to be taken so to apply for the purposes of subsection

(2) .”

(2)

In the Education Act 1996, after section 19A insert—

“Contribution of individual schools

19B

Schools to co-operate with local authority in securing adequate

provision (England)

(1)

This section applies where it is reasonably foreseeable that decisions

about a relevant school in England will affect the ability of a local

authority in England to discharge its duties under section 14 or section

19(1).

(2)

The responsible body for the school must co-operate with the local

authority with a view to achieving the objective in subsection (3) .

(3)

The objective is that decisions about the school will result in the school

contributing, so far as is reasonable, to the effective discharge by the

local authority of the duties concerned.

(4)

For the purposes of subsection (1) , a “relevant school” is a school

within the first column of the following table, and the “responsible

body” for such a school is identified in the second column—

“Relevant school”

“Responsible body”

A community school, foundation

The governing body for the

school, voluntary school,

school

community special school or

foundation special school

An Academy school or an

The proprietor of the school

alternative provision Academy

A pupil referral unit for which

The management committee for

there is a management committee

the unit.

(see paragraph 15 of Schedule 1)

(5)

In the application of this section to the management committee for a

pupil referral unit, the reference in subsection (2) to the local authority

is to be read as a reference to the local authority so far as it acts other

than through the committee.”

Power to direct admission: extension to Academies

(1)

In section 96(8) of the School Standards and Framework Act 1998 (schools

subject to local authority powers to direct admission of individual pupils),

for “a maintained school” substitute “—

“(a)

a maintained school, or

(b)

an Academy school, other than one specially organised to make

special educational provision for pupils with special educational

needs.”

(2)

In the same Act—

(a)

in section 96(1), for “governing body of” substitute “admission authority

for”;

(b)

in section 96(3A), after “99(2)(c)” insert “(or, in the case of an Academy

school, that would fall within that provision if it applied)”;

(c)

in section 96, after subsection (4) insert—

“(4A)

Where Academy arrangements require the proprietor of an

Academy school to act as if sections 1 and 86 applied in respect

of the school, those sections are to be taken so to apply for the

purposes of subsection (4).”;

(d)

in section 96(5), for “governing body” substitute “admission authority”;

(e)

in section 97(1)(b), for “governing body of” substitute “admission

authority for”;

(f)

in section 97(2)(a), for “governing body and head teacher of” substitute

“admission authority for, and head teacher of,”;

(g)

in section 97(3), for “governing body” substitute “admission authority”.

Power to direct admission: additional triggers

(1)

Section 96 of the School Standards and Framework Act 1998 (general power

of local authority to direct admission of individual pupil) is amended as

follows.

Page 121

(2)

After subsection (1) insert—

“(1A)

The local authority may also give such a direction (in the case of any

child in their area) in circumstances specified in the code for school

admissions.

(1B)

For that purpose the code may only specify circumstances in which—

(a)

a relevant procedure has been invoked, or

(b)

the child who is to be the subject of the direction is a

previously-looked-after child.”

(3)

In subsection (7), after “section” insert “—

““previously-looked-after child” means—

(a)

a child who was looked after by a local authority in England

or Wales but ceased to be so looked after as a result of—

(i)

a child arrangements order, within the meaning given

by section 8(1) of the Children Act 1989, which includes

arrangements relating to with whom the child is to live,

or when the child is to live with any person,

(ii)

a special guardianship order, within the meaning given

by section 14A of the Children Act 1989, or

(iii)

an adoption order, within the meaning given by section

72(1) of the Adoption Act 1976 or section 46(1) of the

Adoption and Children Act 2002, or

(b)

a child who appears to the local authority—

(i)

to have been in state care in a place outside England

and Wales because the child would not otherwise have

been cared for adequately, and

(ii)

to have ceased to be in that state care as a result of

being adopted;

“relevant procedure” means a procedure established under the code for

school admissions for the purpose of securing admission to school for

children who have failed to secure, or are considered at particular risk

of not securing, admission through ordinary procedures;”.

Functions of adjudicator in relation to admission numbers

(1)

The School Standards and Framework Act 1998 is amended as follows.

(2)

After section 88I insert—

“88IA

Changes to admission numbers

(1)

This section applies where—

(a)

an objection about the admission arrangements for a school is

referred to the adjudicator under section 88H(2),

(b)

the objection relates wholly or partly to an admission number

specified in the arrangements, and

Page 122

(c)

the adjudicator decides to uphold any aspect of the objection

that relates to that number.

(2)

This section also applies where—

(a)

the Secretary of State refers the admission arrangements for a

school to the adjudicator under section 88I(2),

(b)

the Secretary of State does so wholly or partly on the basis that

an admission number specified in the arrangements does not,

or may not, conform with the requirements relating to

admission arrangements, and

(c)

the adjudicator decides that the admission number does not

conform with those requirements.

(3)

The adjudicator may, as part of the decision, determine the revised

admission number that is to be specified in the admission

arrangements.

(4)

The adjudicator may, as part of the decision, also determine the

corresponding admission number that is to be specified in the school’s

admission arrangements for the school year following the one to which

the objection or reference relates.

(5)

An admission number determined under subsection (3) or (4) and

specified in admission arrangements is subject to variation under or

by virtue of section 88E.

(6)

Regulations may make provision—

(a)

specifying matters which the adjudicator must, or must not,

take into account in making a determination under subsection

(3) or (4) ;

(b)

preventing the adjudicator from making such a determination

if it would have an effect specified in the regulations.

(7)

In this section “admission number”, in relation to a school, means the

number of pupils in a relevant age group that it is intended to admit

to the school in a school year.

(8)

In relation to a school at which boarding accommodation is provided

for pupils, references in this section to an admission number include—

(a)

the number of pupils in a relevant age group that it is intended

to admit to the school in a school year as boarders, and

(b)

the number of pupils in a relevant age group that it is intended

to admit to the school in a school year otherwise than as

boarders.”

(3)

In section 86 of the School Standards and Framework Act 1998 (parental

preferences), after subsection (5B) insert—

“(5C)

For the purposes of subsections (5) to (5B), a number specified in

admission arrangements as a result of a determination by the

adjudicator under section 88IA (3) or (4) is to be treated as having been

determined under section 88C.”

Page 123

(4)

In section 88K (sections 88H and 88I: supplementary)—

(a)

in the heading, for “and 88I” substitute “, 88I and 88IA ”, and

(b)

in subsection (5), for “section 88I” substitute “sections 88I and 88IA ”.

Establishment of new schools

Amendments to invitation process for establishment of new schools

(1)

Part 2 of the Education and Inspections Act 2006 (establishment, discontinuance

or alteration of schools) is amended as follows.

(2)

Omit section 6A (requirement to seek proposals for establishment of new

Academies).

(3)

In section 7 (invitation for proposals for establishment of new schools)—

(a)

for subsection (1) substitute—

“(1)

This section applies where a local authority in England think

that a new school, other than a maintained nursery school,

should be established in their area.

(1A)

The local authority must (subject to subsection (2A) ) publish

a notice under this section inviting proposals from persons

other than local authorities for the establishment of a new

school falling within subsection (2).”;

(b)

in subsection (2)—

(i)

in paragraph (a), omit the words from “other than” to the end

of the paragraph (including the “or”), and

(ii)

at the end of paragraph (b) insert “, or

“(c)

an alternative provision Academy,

other than a school providing education suitable only

to the requirements of persons above compulsory school

age.”;

(c)

after subsection (2) insert—

“(2A)

A local authority are not required to publish a notice under

this section (but may do so) if—

(a)

the school that the local authority think should be

established falls within section 10 (2A) , or

(b)

proposals have been published under section 10 (2B) by

other persons and those proposals have not yet been

determined.”;

(d)

in subsection (5), at the end of paragraph (a) insert “, and

“(aa)

may publish under this section proposals of their own

for the establishment of—

(i)

a new community, community special,

foundation or foundation special school, other

than one providing education suitable only to

Page 124

the requirements of persons above compulsory

school age, or

(ii)

a new pupil referral unit.”;

(e)

in subsection (6)—

(i)

omit the “and” after paragraph (a), and

(ii)

after paragraph (b) insert “, and

“(c)

the information which proposals within

subsection (5) (aa) must contain.”.

(4)

In section 7A (withdrawal of notices under section 7)—

(a)

in subsection (2)(a), omit “, with the consent of the Secretary of State”;

(b)

after subsection (2) insert—

“(3)

If the local authority withdraw the notice in accordance with

subsection (2)(a) or (b), the local authority must notify the

Secretary of State.”

Certain proposals to establish new schools: publication requirements etc

(1)

Part 2 of the Education and Inspections Act 2006 (establishment, discontinuance

or alteration of schools) is amended as follows.

(2)

In section 10 (publication of proposals with consent of Secretary of State)—

(a)

for the heading substitute “Proposals other than proposals pursuant

to a section 7 notice: publication etc”;

(b)

for subsections (1) and (2) substitute—

“(1)

Where a local authority in England propose to establish a new

maintained nursery school, they must publish their proposals

under this section.

(2)

Where a local authority in England propose to establish a new

school within subsection (2A) , they may publish their proposals

under this section if there is for the time being no notice under

section 7 pursuant to which (by virtue of section 7(5) (aa) ) they

could publish such proposals.

(2A)

A school is within this subsection if it is—

(a)

a community, community special, foundation or

foundation special school which—

(i)

is not to be one providing education suitable

only to the requirements of persons above

compulsory school age, and

(ii)

is to replace one or more maintained schools, or

(b)

a pupil referral unit which is to replace one or more

pupil referral units.

(2B)

Where any persons other than a local authority (“proposers”)

propose to establish a new foundation, voluntary or foundation

special school in England, they may publish their proposals

Page 125

under this section if there is for the time being no notice under

section 7 pursuant to which such proposals could be made.”;

(c)

in subsection (5)—

(i)

for “(2)” substitute “ (2B) ”,

(ii)

the words from “the proposers” to the end become paragraph

(a), and

(iii)

at the end of that paragraph insert “, and

“(b)

the local authority must take such action to

publicise the proposals as may be prescribed.”

(3)

Omit section 11 (publication of proposals to establish maintained schools:

special cases).

(4)

In section 12 (establishment of school as federated school), in subsection (1)(a),

for “7, 10 or 11” substitute “7 or 10”.

(5)

In section 13 (schools established outside area of relevant local authority), in

paragraph (b), omit “or 11”.

Establishment of pupil referral units

In section 28 of the Education and Inspections Act 2006 (restriction on

establishment, alteration or discontinuance of schools), after subsection (4)

insert—

“(5)

A pupil referral unit may not be established except in pursuance of

proposals falling to be implemented under this Part.”

Process for considering, approving and implementing proposals for the

establishment of new schools

Schedule 4 amends Schedule 2 to the Education and Inspections Act 2006

(proposals for establishment or discontinuance of schools in England).

Establishment of new schools: data protection

After section 30 of the Education and Inspections Act 2006 insert—

“30A

Data protection

(1)

None of the provisions in or made by virtue of this Part (including

Schedule 2) are to be read as requiring or authorising the processing

of information which would contravene the data protection legislation

(but in determining whether the processing would do so, take into

account the duty imposed or the power conferred by the provision in

question).

(2)

In this section, “the data protection legislation” and “processing” have

the same meaning as in the Data Protection Act 2018 (see section 3 of

that Act).”

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Transitional provision

(1)

The amendments made by section 58 (2) and Schedule 4 do not apply in

relation to a case where, before those provisions come into force, a local

authority in England has—

(a)

sought proposals for the establishment of an Academy under section

6A(1) of EIA 2006, and

(b)

specified a date for the proposals to be submitted under subsection

(2) of that section,

but a final determination of the proposals has not been made.

(2)

The amendments made by section 58 (3) and (4) and Schedule 4 do not apply

in relation to a case where, before those provisions come into force, a local

authority has published a notice under section 7 of EIA 2006 but a final

determination of any proposals made pursuant to such a notice has not been

made.

(3)

The requirement to consult under section 9(1) of EIA 2006 in relation to a

notice under section 7 of that Act as amended by section 58 (3) may be satisfied

by consultation that occurs wholly or partly before the coming into force of

section 58 (3) .

(4)

The amendments made by section 59 (2) to (5) and Schedule 4 do not apply

in relation to a case where, before those provisions come into force, a local

authority or any other person has published proposals under section 10 or

11 of EIA 2006 but a final determination of the proposals has not been made.

(5)

The requirement to consult under section 10(4) of EIA 2006 in relation to

proposals may be satisfied by consultation that occurs wholly or partly before

the coming into force of section 59 (2) .

(6)

In this section, “EIA 2006” means the Education and Inspections Act 2006.

Part 3

General

Power to make consequential provision

(1)

The Secretary of State may by regulations made by statutory instrument make

provision that is consequential on provision made by this Act.

(2)

Regulations under this section may amend, repeal or revoke legislation passed

or made before, or in the same session of Parliament as, this Act.

(3)

Except as provided by subsection (4) , a statutory instrument that contains

regulations under this section is subject to annulment in pursuance of a

resolution of either House of Parliament.

(4)

A statutory instrument that contains (whether alone or with other provision)

regulations under this section that amend, repeal or revoke primary legislation

may not be made unless a draft of the instrument has been laid before and

approved by a resolution of each House of Parliament.

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(5)

The power to make regulations under this section includes power to make—

(a)

supplementary, incidental, transitional or saving provision;

(b)

different provision for different purposes or areas.

(6)

In this section, “primary legislation” means—

(a)

an Act of Parliament,

(b)

an Act of the Scottish Parliament,

(c)

an Act or Measure of Senedd Cymru, or

(d)

Northern Ireland legislation.

Financial provision

There is to be paid out of money provided by Parliament—

(a)

any expenditure incurred under or by virtue of this Act by the

Secretary of State or by a government department, and

(b)

any increase attributable to this Act in the sums payable under or by

virtue of any other Act out of money so provided.

Extent

(1)

Any amendment or repeal made by this Act has the same extent as the

provision amended or repealed.

(2)

Subject to subsection (1)—

(a)

sections 21 to 25 and Schedule 1 extend to England and Wales, Scotland

and Northern Ireland;

(b)

section 27 extends to Scotland only.

(3)

Subject to subsections (1) and (2) , Parts 1 and 2 extend to England and Wales

only.

(4)

This Part extends to England and Wales, Scotland and Northern Ireland.

Commencement

(1)

The following come into force on the day on which this Act is passed—

(a)

any provision of or amendment made by Part 1 or 2 , so far as it confers

or relates to a power to make regulations or an order;

(b)

this Part.

(2)

The following come into force (for all or remaining purposes) at the end of

the period of two months beginning with the day on which this Act is

passed—

(a)

section 5 ;

(b)

section 20 ;

(c)

section 29 ;

(d)

section 45 ;

(e)

section 49 ;

(f)

section 50 ;

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(g)

section 51 ;

(h)

section 52 and Schedule 3 other than paragraph 6 of that Schedule;

(i)

section 53 ;

(j)

section 54 .

(3)

Subject to subsection (1) , the following come into force, in relation to Wales,

on such day as the Welsh Ministers may by regulations made by statutory

instrument appoint—

(a)

section 26 ;

(b)

sections 31 to 36 and Schedule 2 .

(4)

Subject to subsection (1) , section 27 comes into force on such day as the

Scottish Ministers may by regulations appoint.

(5)

Subject to subsections (1) to (4) , this Act comes into force on such day as the

Secretary of State may by regulations made by statutory instrument appoint.

(6)

Different days may be appointed under subsections (3) , (4) or (5) for different

purposes or areas.

(7)

The Secretary of State may by regulations made by statutory instrument make

transitional or saving provision in connection with the coming into force of

any provision of this Act other than—

(a)

the provisions listed in subsection (3) in relation to Wales;

(b)

section 27 .

(8)

The Welsh Ministers may by regulations made by statutory instrument make

transitional or saving provision in connection with the coming into force of

any provision listed in subsection (3) in relation to Wales.

(9)

The Scottish Ministers may by regulations make transitional or saving

provision in connection with the coming into force of section 27 .

(10)

The power to make regulations under subsections (7) , (8) or (9) includes

power to make different provision for different purposes or areas.

Short title

This Act may be cited as the Children’s Wellbeing and Schools Act 2025.

Page 129

Schedules

Schedule 1

Section 21

Relevant authorities

Part 1

List of relevant authorities

The Secretary of State.

The Lord Chancellor.

(1)

The governing body of a maintained school in England.

(2)

In sub-paragraph (1) , “maintained school” has the meaning given by section

39(1) of the Education Act 2002.

(1)

The proprietor of a non-maintained special school in England.

(2)

In sub-paragraph (1) —

(a)

“non-maintained special school” has the meaning given by section

337A of the Education Act 1996;

(b)

“proprietor” has the meaning given by section 579(1) of that Act.

(1)

The proprietor of—

(a)

an Academy (as defined by section 579(1) of the Education Act

1996),

(b)

a city technology college, or

(c)

a city college for the technology of the arts.

(2)

In sub-paragraph (1) , “proprietor” has the meaning given by section 579(1)

of the Education Act 1996.

(1)

The governing body of an institution in England within the further

education sector.

(2)

In sub-paragraph (1) —

(a)

“institution within the further education sector” has the meaning

given by section 91(3) of the Further and Higher Education Act

1992;

(b)

“governing body” has the meaning given by section 90(1) of that

Act.

(1)

The proprietor of a special post-16 institution in England in relation to

which an approval under section 41(3) of the Children and Families Act

2014 has effect.

(2)

In sub-paragraph (1) , “proprietor” and “special post-16 institution” have

the meaning given by section 83(2) of the Children and Families Act 2014.

His Majesty’s Chief Inspector of Education, Children’s Services and Skills.

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NHS England.

An integrated care board established under section 14Z25 of the National

Health Service Act 2006.

An NHS foundation trust within the meaning given by section 30 of the

National Health Service Act 2006.

An NHS trust established under section 25 of the National Health Service

Act 2006.

The Care Quality Commission.

The Youth Justice Board for England and Wales.

Part 2

Power to modify

(1)

The Secretary of State may by regulations made by statutory instrument

amend Part 1 of this Schedule by—

(a)

adding a person or description of persons,

(b)

removing an entry listed in it, or

(c)

varying an entry listed in it.

(2)

A statutory instrument containing regulations under sub-paragraph (1)

may not be made unless a draft of the instrument has been laid before and

approved by a resolution of each House of Parliament.

(1)

Regulations under paragraph 15 (1) (a) may not add a person or description

of persons to Part 1 unless the Secretary of State considers that the person

exercises, or (as the case may be) all persons of that description exercise,

functions of a public nature.

(2)

Regulations under paragraph 15 (1) (c) may not vary an entry listed in Part

1 so that it relates to a person who does not exercise functions of a public

nature or, in the case of a description of persons, so that the description

consists of or includes persons who do not exercise functions of a public

nature.

(1)

Regulations under paragraph 15 (1) (a) may not add a person or description

of persons to Part 1 if the Secretary of State considers that the person or

(as the case may be) any person of that description—

(a)

exercises devolved functions only, or

(b)

exercises any devolved functions, unless the entry for that person

or description of persons provides that they are a relevant authority

only to the extent that they are exercising functions that are not

devolved functions.

(2)

Regulations under paragraph 15 (1) (c) may not vary an entry listed in Part

1 —

(a)

so that it relates to a person who exercises devolved functions only,

or in the case of a description of persons, so that the description

Page 131

consists of or includes any persons who exercise devolved functions

only, or

(b)

so that it relates to a person who exercises devolved functions, or

in the case of a description of persons, so that the description

consists of or includes any persons who exercise devolved functions,

unless the entry provides that they are a relevant authority only to

the extent that they are exercising functions that are not devolved

functions.

(3)

In this paragraph, “devolved function” means a function that could be

conferred by provision that would be within the legislative competence

of—

(a)

the Scottish Parliament, if it were contained in an Act of that

Parliament (see section 29 of the Scotland Act 1998),

(b)

Senedd Cymru, if it were contained in an Act of the Senedd (see

section 108A of the Government of Wales Act 2006), or

(c)

the Northern Ireland Assembly, if it were contained in an Act of

the Assembly, where the Bill for that Act would not require the

consent of the Secretary of State (see sections 6 to 8 of the Northern

Ireland Act 1998).

Schedule 2

Section 36

Children not in school: consequential amendments

Children Act 1989

(1)

The Children Act 1989 is amended as follows.

(2)

In section 36 (education supervision orders), in subsection (5)(a), for “437”

substitute “ 436I ”.

(3)

In section 91 (effect and duration of care orders etc), in subsection (5), for

“437” substitute “ 436I ”.

(4)

In Schedule 3 (supervision orders), in paragraph 13(2)(a)(i) and (b)(i), for

“437” substitute “ 436I ”.

Education Act 1996

(1)

The Education Act 1996 is amended as follows.

(2)

Omit sections 437 to 443 (school attendance orders) and the italic headings

before sections 437 and 443.

(3)

Before section 444 insert—

“Offence of failure to secure regular attendance at school of registered pupil

(4)

Before section 445 insert—

“Offences: general

(5)

In sections 445(1), 446 and 447(1) and (2)(a), for “443” substitute “ 436Q ”.

(6)

After section 447 insert—

“Interpretation of Chapter

447A

Interpretation of Chapter 2

In this Chapter—

“maintained school” means any community, foundation or

voluntary school or any community or foundation special

school not established in a hospital;

“school nomination notice” means a notice under section 436L .”

(7)

In section 580 (index), in the second column of the entry relating to “school

attendance order”, for “section 437(3)” substitute “section 436I ”.

School Standards and Framework Act 1998

In section 86 of the School Standards and Framework Act 1998 (parental

preferences), in subsection (8)(b), for “438(4) or 440(2)” substitute “ 436L (4)

or 436O (2) ”.

Sentencing Act 2020

In section 369 of the Sentencing Act 2020 (parenting order in respect of

certain offences under the Education Act 1996)—

(a)

in subsection (1)(a), for “443” substitute “ 436Q ”;

(b)

in subsections (2), (4) and (5)(a), for “443” substitute “ 436Q ”.

Schedule 3

Section 52

Pay and conditions of Academy teachers: amendments to the Education Act

2002

Part 8 of the Education Act 2002 (teachers’ pay and conditions etc) is

amended as follows.

In section 120 (2) (School Teachers’ Review Body function: meaning of school

teacher), for the words from “the Secretary of State’s” to the end substitute

“ section 122 or an Academy teacher for the purposes of section 122A .”

In section 121 (2) (bodies to be consulted by School Teachers’ Review Body),

after paragraph (b) insert—

“(ba)

bodies representing the interests of proprietors of

Academies,”.

Page 133

In the heading of section 122 , after “conditions” insert “of school teachers

other than Academy teachers”.

After section 122 insert—

“122A

Power to set minimum remuneration of Academy teachers etc

(1)

The Secretary of State may by order make provision requiring the

remuneration of an Academy teacher to be at least equal to the

amount specified in, or determined in accordance with, the order.

(2)

Subsection (3) applies where—

(a)

an order under this section applies to an Academy teacher,

and

(b)

the contract of employment or for services between the

Academy teacher and the relevant proprietor provides for

the teacher to be paid remuneration that is less than the

amount specified in, or determined in accordance with, the

order.

(3)

Where this subsection applies—

(a)

the Academy teacher’s remuneration is to be determined

and paid in accordance with any provision of the order that

applies to the teacher;

(b)

any provision of the contract mentioned in subsection (2) (b)

or of the Academy arrangements entered into with the

Secretary of State by the relevant proprietor has no effect to

the extent that it makes provision that is prohibited by, or

is otherwise inconsistent with, the order.

(4)

A person is an Academy teacher for the purposes of this section in

any of the following cases.

(5)

The first case is where—

(a)

the person provides primary or secondary education under

a contract of employment or for services,

(b)

the other party to the contract is the proprietor of an

Academy,

(c)

the contract requires the person to carry out work of a kind

which is specified by regulations under section 133(1), and

(d)

the person—

(i)

is not prevented by regulations under section 133(1)

from carrying out that work, and

(ii)

is not of a description specified in regulations made

by the Secretary of State for the purposes of this

paragraph.

(6)

The second case is where the person—

(a)

serves as the principal of an Academy, and

Page 134

(b)

is not appointed by the proprietor of the Academy as an

executive leader of the proprietor.

(7)

The third case is where the person would fall within section 122(5)

but for the fact that the other party to the contract of employment

or for services under which the person provides primary or

secondary education is the proprietor of an Academy (and not a

party mentioned in section 122(3)(c)).

(8)

Regulations under subsection (5) (d) may, in particular, specify a

description by reference to a person’s duties or to any provision for

a person’s remuneration to be determined otherwise than under

this section.

(9)

Where the proprietor of an Academy is also the proprietor of a 16

to 19 Academy, a person (“P”) is not an Academy teacher for the

purposes of this section to the extent that a contract of employment

or for services between P and the proprietor requires P to provide

secondary education at the 16 to 19 Academy.

(10)

In the application of subsections (2) and (3) —

(a)

it is immaterial whether someone other than the relevant

proprietor provides or is responsible for providing all or

part of a teacher’s remuneration;

(b)

it is immaterial whether someone other than the relevant

proprietor is treated wholly or partly as a teacher’s employer

for some or all purposes by virtue of an enactment.

(11)

In this section “the relevant proprietor”, in relation to an Academy

teacher, means the proprietor mentioned in subsection (5) (b) , (6) (b)

or (7) (as the case may be).”

In section 122A (inserted by paragraph 5 ), after subsection (10) insert—

“(10A)

In determining the conditions of employment or service of an

Academy teacher, the relevant proprietor must have regard to any

provision of an order under section 122 that relates to conditions

of employment or service (and must also have regard to guidance

under section 127(1) that relates to such conditions).”

In section 123 (scope of section 122 orders)—

(a)

in the heading, after “122” insert “or 122A ”;

(b)

after subsection (1) insert—

“(1A)

Subsection (1) applies in relation to an order under section

122A as it does in relation to an order under section 122 but

as if—

(a)

the reference in paragraph (a) to a local authority or

a governing body were to a proprietor of an

Academy, and

(b)

paragraphs (f) to (h) were omitted.”;

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(c)

in subsection (2) (b) , after “local authorities” insert “, teachers and

proprietors of Academies”;

(d)

in subsection (3) , after “122” insert “or 122A ”;

(e)

in subsection (4) , after paragraph (c) insert—

“(d)

that a payment or entitlement of a specified kind is

or is not to be treated as remuneration for the

purpose of section 122A (1) .”

In section 124 (supplementary provision), after “122”, in each place it occurs

(including the heading), insert “or 122A ”.

In section 125 (1) (requirement to refer matter before making order), after

“122” insert “or 122A ”.

In section 126 (bodies to be consulted by the Secretary of State)—

(a)

after “122” insert “, 122A ”;

(b)

after paragraph (b) insert—

“(ba)

bodies representing the interests of proprietors of

Academies,”.

In section 127 (guidance issued by the Secretary of State)—

(a)

after subsection (2) insert—

“(2A)

The Secretary of State may issue guidance about the

determination of whether, for the purposes of section 122A

, a person’s remuneration is at least equal to the amount

specified in, or determined in accordance with, an order

under that section.

(2B)

The proprietor of an Academy must have regard to guidance

under subsection (2A) .”;

(b)

in subsection (3) , after “(1)” insert “or (2A) ”;

(c)

in subsection (4) —

(i)

after “(1)” insert “or (2A) ”;

(ii)

after paragraph (b) insert—

“(ba)

bodies representing the interests of proprietors

of Academies,”.

After section 127 insert—

“127A

References to “Academy” and “Academy arrangements”

(1)

In sections 121 to 127, a reference to an Academy—

(a)

includes a reference to a city technology college and a city

college for the technology of the arts, and

(b)

does not include a reference to a 16 to 19 Academy.

(2)

A reference in any of those sections to Academy arrangements

includes a reference to an agreement under section 482 of the

Education Act 1996 (city colleges).”

Page 136

In section 210 (6) (orders not subject to Parliamentary procedure), after “122”

insert “or 122A ”.

Schedule 4

Section 61

Establishment of new schools: amendments to Schedule 2 to the Education

and Inspections Act 2006

Schedule 2 to the Education and Inspections Act 2006 (proposals for

establishment or discontinuance of schools in England) is amended as

follows.

In paragraph 1(1) (application of Schedule), omit “, 11”.

In paragraph 2 (meaning of “the relevant authority”), in paragraph (b) omit

“, 11”.

Omit paragraph 3A (meaning of “Academy proposals” and “non-Academy

proposals”) and the italic heading before it.

(1)

Paragraph 4 (references to persons by whom proposals are made) is

amended as follows.

(2)

For paragraph (a), substitute—

“(a)

proposals under section 7 are to be taken to be made—

(i)

where the proposals are submitted to the relevant

authority under subsection (4)(b) of that section, by

the person who submitted them, and

(ii)

where the proposals are published by the relevant

authority in reliance on subsection (5) (aa) of that

section, by the relevant authority, and”.

(3)

In paragraph (b), omit “, 11”.

Omit paragraph 5A (consideration of proposals: distinction between

Academy and non-Academy proposals).

In paragraph 6 (consideration of proposals), for “10 or 11” substitute “7 or

10”.

Omit paragraph 7A (consideration of Academy proposals).

(1)

Paragraph 8 (consideration of proposals: further provision) is amended as

follows.

(2)

In sub-paragraph (2), after “proposals to” insert “the Secretary of State or”.

(3)

After sub-paragraph (4) insert—

“(4A)

Sub-paragraphs (3) and (4) are limited by provision made by or

under paragraph 17A in relation to proposals for the establishment

of an Academy.”

Page 137

In paragraph 9 (consideration of proposals that are related to other

proposals), in sub-paragraph (2A)(b), omit “, 11”.

In the italic heading before paragraph 10, after “refer to” insert “Secretary

of State or”.

(1)

Paragraph 10 (duty to refer certain proposals to adjudicator) is amended

as follows.

(2)

In sub-paragraph (1)—

(a)

in the words before paragraph (a), for “adjudicator” substitute

“appropriate person”,

(b)

for paragraph (a) substitute—

“(a)

all of the proposals published under section 7 which

would otherwise require consideration by the

authority under paragraph 8 where—

(i)

some or all of the proposals are made by the

authority, or

(ii)

the proposals consist of or include proposals

which relate to the establishment of a

foundation school with a foundation falling

within sub-paragraph (2);”, and

(c)

in paragraph (b), omit “or 11”.

(3)

In sub-paragraph (3), for “adjudicator” in both places it occurs, substitute

“appropriate person”.

(4)

After that sub-paragraph insert—

“(4)

In this paragraph, “the appropriate person” means—

(a)

in relation to proposals within sub-paragraph (1) (a) , the

Secretary of State;

(b)

in relation to proposals within sub-paragraph (1)(b), the

adjudicator.”

In the italic heading before paragraph 12, for “adjudicator” substitute

“Secretary of State”.

In paragraph 12 (duty to refer proposals in pursuance of direction by

Secretary of State), in sub-paragraph (1), for “adjudicator” substitute

“Secretary of State”.

In the italic heading before paragraph 13, after “refer” insert “certain”.

For paragraph 13 (duty to refer proposals where determination delayed)

substitute—

“13

(1)

This paragraph applies where—

(a)

proposals under section 10 or 15 are required to be

considered under paragraph 8,

(b)

paragraph 8(4) applies in relation to the proposals, and

Page 138

(c)

by the end of such period as may be prescribed the

relevant authority have not determined whether to give

any approval under paragraph 8(4).

(2)

Where this paragraph applies, the relevant authority must within

a prescribed time refer to the adjudicator the proposals concerned,

together with any comments made on the proposals by the

authority.”

(1)

Paragraph 14 (reference to adjudicator at request of aggrieved person) is

amended as follows.

(2)

In sub-paragraph (1), omit “, 11”.

(3)

In sub-paragraph (2)(c), omit “or 11”.

(1)

Paragraph 15 (duty to refer related proposals) is amended as follows.

(2)

In paragraph (a), for “7, 10, 11 or 15” substitute “10 or 15”.

(3)

In paragraph (b), omit “, 11”.

(1)

Paragraph 16 (withdrawal of proposals before determination) is amended

as follows.

(2)

In paragraph (b) of sub-paragraph (1)—

(a)

after “referred to” insert “the Secretary of State or”, and

(b)

for “the adjudicator”, in the second place it occurs, substitute “that

person”.

(3)

In the words after that paragraph, for “the adjudicator” substitute “the

Secretary of State or the adjudicator, as the case may be”.

(4)

In sub-paragraph (2)—

(a)

after “writing to” insert “the Secretary of State or”, and

(b)

for “the adjudicator”, in the second place it occurs, substitute “that

person”.

In the italic heading before paragraph 17, after “to” insert “Secretary of

State or”.

For paragraph 17 substitute—

“17

(1)

This paragraph applies where any proposals are referred to the

Secretary of State or to the adjudicator (“the decision-maker”)

under any provision of this Part of this Schedule.

(2)

The decision-maker must consider the proposals or, in a case

where the proposals have previously been determined by the

relevant authority, must consider them afresh.

(3)

For the purposes of sub-paragraph (2) , the following provisions

apply in relation to the decision-maker as they apply in relation

to the relevant authority—

(a)

paragraph 8(3) or (4) (as the case may be);

(b)

paragraph 8(5) and (6).

Page 139

(4)

For the purposes of sub-paragraph (2) , paragraph 9 applies in

relation to the decision-maker as it applies in relation to the

relevant authority but—

(a)

where the decision-maker is the Secretary of State, it

applies as if sub-paragraph (2A)(b) of that paragraph

(requirement to consider related proposals under section

10 or 15) were omitted;

(b)

where the decision-maker is the adjudicator, it applies as

if sub-paragraph (2A)(a) of that paragraph (requirement

to consider related proposals under section 7) were

omitted.

(5)

The revocation of a direction under paragraph 12(1) does not

affect the determination by the Secretary of State of any proposals

referred to the Secretary of State before the revocation.”

After paragraph 17 insert—

“Proposals to establish Academy

17A

(1)

This paragraph applies in relation to proposals published under

section 7 which consist of or include proposals to establish an

Academy, other than proposals which have been referred to the

Secretary of State under paragraph 10.

(2)

The relevant authority must consult the Secretary of State about

the proposals before taking any decision under paragraph 8.

(3)

Regulations may make provision about requirements that apply

in relation to the consultation under sub-paragraph (2) (including

requirements as to the period within which the consultation must

be carried out).

(4)

The relevant authority may not approve under paragraph 8

proposals to establish a particular Academy unless the authority—

(a)

has consulted the Secretary of State about the proposals

under sub-paragraph (2) , and

(b)

has been notified by the Secretary of State in accordance

with regulations that the Secretary of State would (if the

proposals were approved) be willing to begin negotiations

with a view to entering into Academy arrangements for

the establishment of that particular Academy.

(5)

Where the Secretary of State has notified the relevant authority

that the Secretary of State’s willingness to begin negotiations is

subject to modifications being made to the proposals, the authority

may only approve the proposals under paragraph 8 with those

modifications.

(6)

Where the Secretary of State has notified the relevant authority

that the Secretary of State’s willingness to begin negotiations is

subject to the authority imposing conditions in connection with

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the approval of the proposals, the authority may only approve

the proposals under paragraph 8 subject to those conditions.

(7)

Sub-paragraphs (5) and (6) do not prevent the relevant authority

approving the proposals with further modifications or conditions,

provided that such modifications or conditions are not inconsistent

with those required by the Secretary of State.

(8)

If the proposals have been referred to the adjudicator under

paragraph 10, 11, 13 or 15, the reference in sub-paragraph (2) to

the relevant authority is to be read as a reference to the

adjudicator.

(9)

Sub-paragraphs (4) to (6) have effect in relation to a decision of

an adjudicator under paragraph 8 as they have effect in relation

to a decision of the relevant authority under that paragraph.

(10)

Approval under paragraph 8 by the relevant authority or the

adjudicator of proposals to establish an Academy does not oblige

the Secretary of State to enter into, or seek to enter into, Academy

arrangements.”

(1)

Paragraph 19 (determination whether to implement proposals not requiring

consideration under paragraph 8) is amended as follows.

(2)

In sub-paragraph (4)—

(a)

for paragraph (aa) substitute—

“(aa)

proposals published under section 7 that—

(i)

require consideration under paragraph 8 and

are not yet determined, and

(ii)

are not required to be referred to the Secretary

of State,”;

(b)

in paragraph (b) omit “or 11”.

(1)

Paragraph 21 (requirement to implement proposals) is amended as follows.

(2)

In sub-paragraph (5), after “refer to” insert “the Secretary of State or”.

(3)

After that sub-paragraph insert—

“(5A)

Where the relevant authority have not yet taken a step required

by this paragraph in relation to proposals published under section

7, the Secretary of State may give a direction to the authority

requiring the authority to refer the matter to the Secretary of

State.”

(4)

In sub-paragraph (6), after “paragraph” insert “in relation to proposals

under section 10 or 15”.

(5)

In sub-paragraph (7)—

(a)

in the words before paragraph (a)—

(i)

after “referred to” insert “the Secretary of State or”, and

(ii)

after “adjudicator” insert “(“the decision-maker”)”;

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(b)

in paragraph (a), for “adjudicator” substitute “decision-maker”;

(c)

in paragraph (b), for “adjudicator” substitute “decision-maker”.

(1)

Paragraph 22 (proposals not falling to be implemented) is amended as

follows.

(2)

In sub-paragraph (3), after “referred to” insert “the Secretary of State or”.

(3)

After that sub-paragraph insert—

“(3A)

Where, by virtue of sub-paragraph (2), paragraph 21(1) ceases to

apply to any proposals approved by the Secretary of State under

paragraph 8, those proposals must be considered afresh by the

Secretary of State under that paragraph (and paragraph 17 applies

accordingly).”

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