Children’s Wellbeing and Schools Bill

A Bill to make provision about the safeguarding and welfare of children; about support for children in care or leaving care; about regulation of care workers; about regulation of establishments and agencies under Part 2 of the Care Standards Act 2000; about employment of children; about breakfast club provision and school uniform; about attendance of children at school; about regulation of independent educational institutions; about inspections of schools and colleges; about teacher misconduct; about Academies and teachers at Academies; repealing section 128 of the Education Act 2002; about school places and admissions; about establishing new schools; and for connected purposes.

The information below was generated through an automated process and is for information purposes only.

This is not the latest version of the Bill

Available Versions

18 Sep 2025
Lords: Report
HL Bill 135 (as amended in Committee)
(0 amendments)
19 Mar 2025
Lords: Committee
HL Bill 84 (as brought from the Commons)
(821 amendments)
Date Debate
Tuesday 16th September 2025 Committee stage
Wednesday 10th September 2025 Committee stage part two
Wednesday 10th September 2025 Committee stage part one
Tuesday 2nd September 2025 Committee stage part two
Tuesday 2nd September 2025 Committee stage part one
Thursday 3rd July 2025 Committee stage: Part 2
Thursday 3rd July 2025 Committee stage: Part 1
Monday 23rd June 2025 Committee stage
Thursday 19th June 2025 Committee stage
Tuesday 17th June 2025 Committee stage part two
Tuesday 17th June 2025 Committee stage part one
Thursday 12th June 2025 Committee stage
Monday 9th June 2025 Committee stage
Thursday 22nd May 2025 Committee stage
Tuesday 20th May 2025 Committee stage part two
Tuesday 20th May 2025 Committee stage part one
11 Feb 2025
Commons: Report
Bill 177 2024-25 (as amended in Public Bill Committee)
No digital version of this Bill was published by Parliament
Date Debate
Tuesday 18th March 2025 Report stage (day 2)
Monday 17th March 2025 Report stage (day 1)
17 Dec 2024
Commons: Committee
Bill 151 2024-25 (as introduced)
(172 amendments)
Date Debate
Thursday 6th February 2025 Committee stage: 12th Sitting
Thursday 6th February 2025 Committee stage: 11th Sitting
Tuesday 4th February 2025 Committee stage: 10th Sitting
Tuesday 4th February 2025 Committee stage: 9th Sitting
Thursday 30th January 2025 Committee stage: 8th sitting
Thursday 30th January 2025 Committee stage: 7th sitting
Tuesday 28th January 2025 Committee stage: 6th sitting
Tuesday 28th January 2025 Committee stage: 5th sitting
Thursday 23rd January 2025 Committee stage: 4th Sitting
Thursday 23rd January 2025 Committee stage: 3rd Sitting
Tuesday 21st January 2025 Committee stage: 2nd Sitting
Tuesday 21st January 2025 Committee stage: 1st Sitting

Relevant Documents

Bill PDF
HL Bill 84 (as brought from the Commons)
Latest Amendments
HL Bill 84-XII Twelfth marshalled list for Committee
Explanatory Note
Bill 151 EN 2024-25
Impact Assessment
Impact Assessment from the Department for Education

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2 New Clauses Proposed

Page 1

Part 1

 

Children’s social care

 

Family group decision-making

 
1
Family group decision-making
 
 
After section 31 of the Children Act 1989 (care and supervision orders) insert—
5
“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.
10
 
(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
15

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
5
 
(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
10
 
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
15
 
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.
20
 
(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
25
 
that it would not be appropriate to do so.”
 

Child protection and safeguarding

 
2
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.
30
 
(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”;
35
 
(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—
5
 
(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
10
 
“16E(3)” substitute “16E (2A) (b) or (3)”.
 
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
15
 
(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
20
 
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
25
 
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
30
 
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
35
 
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;
40

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
5
 
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
10
 
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—
15
 
“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;
20
 
“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
25
 
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—
30
 
(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.
35
 
(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
40
 
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
5
 
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) ”;
10
 
(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
15
 
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)—
20
 
(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,
25
 
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,
30
 
(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,
35
 
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
40
 
(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)
5
 
or (3)” (as inserted by section 2 (5) ) insert “, 16EA (2) (b) or (5) , 16EB (2) (a) ”.
 
4
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
10
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
15
 
(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
20
 
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
25
 
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.
30
 
(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
35
 
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.
5
 
(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.
10
 
(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—
15
 
“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
20
 
(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
25
 
(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
30
 
(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) ).
35
 
(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
5
 
(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
10
 
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.
15
 
(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),
 
 
or
20
 
(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.
25
 
(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.
30
 
(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—
35
 
“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
40
 
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

 
5
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
5
 
(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
10
 
(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
15
 
(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
20
 
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;
25
 
(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) —
30
 
(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
35
 
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.
5
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.
10
 
(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
15
 
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
20
 
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—
25
 
(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.
30
 
(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
35
 
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

6
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—
5
“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—
10
 
(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) ).
15
 
(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
20
 
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
25
 
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) .
30
 
(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”;
35
 
(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,
40

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”.
5
7
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—
10
 
(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.
15
 
(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
20
 
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—
25
 
(a)
to find and keep suitable accommodation, and
 
 
(b)
to access services relating to—
 
 
(i)
health and wellbeing;
 
 
(ii)
relationships;
 
 
(iii)
education and training;
30
 
(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,
35
 
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.”
40

Page 13

8
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
5
 
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
10
 
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
15
 
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
20
 
(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).
25
 
(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)—
30
 
(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;”.
35
9
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).”;
40

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 .
5
 
(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),”.
10
 
(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 .
15

Accommodation of children

 
10
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
20
 
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—
25
 
(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
30
 
(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
35
 
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
5
 
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.
10
 
(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.
15
 
(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
20
 
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—
25
 
(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
30
 
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
35
 
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
40
 
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) ,”;
5
 
(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) .”
 
11
Use of accommodation for deprivation of liberty
10
 
(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;
15
 
(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
20
 
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
25
 
(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.
30
 
(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
35
 
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
40
 
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)—
5
 
(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
10
 
liberty in relevant accommodation as they apply in respect of the
 
 
keeping of a child in secure accommodation.”
 
 
(7)
In subsection (7)—
 
 
(a)
in paragraph (c) after “Scotland” insert “or be deprived of their liberty
 
 
in relevant accommodation in England”;
15
 
(b)
in paragraph (d) after “secure accommodation” insert “or be deprived
 
 
of their liberty in relevant accommodation”.
 
 
(8)
After subsection (8) insert—
 
 
“(8ZA)
For the purposes of this section—
 
 
(a)
references in subsection (1) to any other description of
20
 
accommodation do not include relevant accommodation;
 
 
(b)
references in subsection (1A) to any other description of
 
 
accommodation do not include secure accommodation.”
 
 
(9)
In section 202(1) of the Children’s Hearings (Scotland) Act 2011 (asp 1)
 
 
(interpretation), as amended by section 26 of the Children (Care and Justice)
25
 
Scotland Act 2024 (asp 5), in paragraph (b) of the definition of “secure
 
 
accommodation”, for “restricting the liberty of children”, in both places where
 
 
those words appear, substitute “depriving children of their liberty”.
 

Regulation of children’s homes, fostering agencies etc

 
12
Powers of CIECSS in relation to parent undertakings
30
 
(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
35
 
undertaking if it has—
 
 
(a)
a subsidiary undertaking which meets the requirements of
 
 
subsection (2) ;
 

Page 18

 
(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
5
 
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.
10
 
(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
15
 
(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
20
 
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
25
 
(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,
30
 
and
 
 
(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
35
 
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—
40
 
(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
 

Page 19

 
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.
5
 
(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
 
(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
15
 
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,
20
 
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
25
 
(b)
serve a copy of that notice on the subsidiary undertakings
 
 
identified in the improvement plan notice.
 
 
(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.
30
 
(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
35
 
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.
 

Page 20

 
(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
5
 
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.
10
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
15
 
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.
20
 
(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).
25
 
(5)
The CIECSS must serve a copy of the cancellation notice on the
 
 
subsidiary undertakings identified in the improvement plan notice.
 
23D
Appeals relating to decisions under sections
 
 
(1)
A parent undertaking may appeal to the Tribunal against a decision
 
 
of the CIECSS to—
30
 
(a)
serve an improvement plan notice on the parent undertaking,
 
 
or
 
 
(b)
reject an improvement plan submitted by the parent
 
 
undertaking.
 
 
(2)
An appeal under subsection (1) must be brought within the period of
35
 
28 days beginning with the decision date.
 
 
(3)
The “decision date” means—
 

Page 21

 
(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
5
 
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
10
 
(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),
15
 
or
 
 
(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—
20
 
(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
25
 
(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
30
 
(b)
section 23B (2) (rejection of improvement plans).”
 
 
(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
35
 
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.”;
40

Page 22

 
(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”.
5
13
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
10
 
(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 ,
15
 
(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—
20
 
(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.
25
 
(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,
 
 
(b)
criminal proceedings for an offence under this Part in respect
30
 
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.
35
 
(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.
 

Page 23

 
(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
5
 
(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,
10
 
(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
15
 
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—
20
 
“(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 ;
25
 
(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)—
 
 
(a)
in subsection (2) , after paragraph (b) insert—
 
 
“(ba)
has served on P, or a parent undertaking of P, a penalty
30
 
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) ;”.
35
14
Financial oversight
 
 
(1)
The Care Standards Act 2000 is amended as follows.
 

Page 24

 
(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—
5
 
(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
10
 
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
15
 
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
20
 
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
25
 
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.
 
 
(5)
Where the Secretary of State determines that a person is subject to
30
 
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
35
 
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
40

Page 25

 
(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
5
 
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—
10
 
(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
15
 
(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) .
20
 
(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
25
 
(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.
30
 
(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
35
 
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
40
 
impacts if they arise.
 

Page 26

 
(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
5
 
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.
10
 
(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
15
 
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.
20
 
(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
25
 
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
30
 
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 person could take to reduce those adverse
35
 
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)
40
 
includes the power to require information for the purposes of assessing
 

Page 27

 
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
5
 
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—
10
 
(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.
15
 
(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
20
 
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
25
 
(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
30
 
risks;
 
 
(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
35
 
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
40
 
subsection (2) (a) is met, a risk to the financial sustainability of
 
 
the reviewed person;
 

Page 28

 
(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
5
 
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
10
 
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
15
 
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
20
 
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—
25
 
(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
30
 
authority, might be adversely affected if that were to happen.
 
 
(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
35
 
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
40
 
be adversely affected if that were to happen.
 

Page 29

 
(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
5
 
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
10
 
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—
15
 
(a)
section 30ZE (2) ;”;
 
 
(b)
in subsection (3) for “subsection (2)”, in the first place it occurs,
 
 
substitute “subsections (2) or (2A) ”.
 
15
Power to limit profits of relevant providers
 
 
(1)
The Care Standards Act 2000 is amended as follows.
20
 
(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
25
 
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—
30
 
(a)
children’s homes in England, and
 
 
(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
35
 
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—
40

Page 30

 
(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
5
 
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—
10
 
(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).
15
 
(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
20
 
(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
25
 
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
30
 
to be made.
 
 
(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 .”
35
 
(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).”.
 

Page 31

 
(4)
In section 118 (orders and regulations), in subsection (2B) (inserted by section
 
 
14 (3) ) after paragraph (a) insert—
 
 
“(b)
section 30ZK ;”.
 
16
Power of Secretary of State to impose monetary penalties
 
 
(1)
In the Care Standards Act 2000, after section 30ZL (inserted by section 15
5
 
) 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—
10
 
(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
15
 
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,
20
 
(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 ”.
25
17
Procedure for imposing monetary penalties
 
 
(1)
The Care Standards Act 2000 is amended as follows.
 
 
(2)
After section 30ZM (inserted by section 16 ) insert—
 
 
“Monetary penalties: procedure etc
 
30ZN
Monetary penalties: procedure etc
30
 
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 .”
35

Page 32

 
(3)
After Schedule 1 insert—
 
 
“Schedule 1A
Section 30ZN
 
 
Monetary penalties under Part 2
 
 
Interpretation
 
 
1
(1)
In this Schedule “monetary penalty” means—
5
 
(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;
10
 
(b)
in relation to a monetary penalty under section 30ZM , the
 
 
Secretary of State.
 
 
Notice of intention to impose monetary penalty
 
 
2
(1)
Before imposing a monetary penalty on a person, the relevant
 
 
authority must serve on the person a notice (a “notice of intention”)
15
 
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
20
 
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,
25
 
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—
 
 
(a)
the relevant authority has considered any written
30
 
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
35
 
without any written representations having been made.
 

Page 33

 
Imposition of monetary penalty
 
 
3
(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
5
 
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,
10
 
(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).
15
 
(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;
20
 
(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.
25
 
(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
30
 
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).
35
 
Amount of monetary penalty
 
 
4
(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
40
 
failure to comply with requirements).
 

Page 34

 
(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).
5
 
(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;
10
 
(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
15
 
5
(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).
20
 
(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
25
 
6
(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
30
 
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,
 
 
(b)
direct that the penalty notice ceases to have effect, or
35
 
(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 .”
40

Page 35

18
Information sharing
 
 
(1)
In the Care Standards Act 2000, after section 30ZN (inserted by section 17 (2)
 
 
) insert—
 
 
“Information sharing
 
30ZO
Information sharing
5
 
(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.
10
 
(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
15
 
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 .
20
 
(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
25
 
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
30
 
in determining whether it would do so, take into account the powers
 
 
conferred and duties imposed by this section).
 
 
(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—
35
“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
 

Page 36

 
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
5
 
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).
10
 
(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
15
 
the same meaning as in section 3 of the Data Protection Act 2018.”
 

Care workers

 
19
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
20
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—
25
 
(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
30
 
individual and the principal.
 
 
(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.
35
 
(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;
 

Page 37

 
(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
 
(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—
10
 
“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
15
 
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;
20
 
“worker” and “worker’s contract” have the same meanings as in
 
 
the Employment Rights Act 1996 (see section 230(3) of that
 
 
Act).”
 
20
Ill-treatment or wilful neglect: children aged 16 and 17
 
 
(1)
The Criminal Justice and Courts Act 2015 is amended as follows.
25
 
(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
30
 
regulated establishment,”;
 
 
(b)
after subsection (6) insert—
 
 
“(6A)
“Regulated establishment” means—
 
 
(a)
a children’s home in England as defined by section 1
 
 
of the Care Standards Act 2000;
35
 
(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
40

Page 38

 
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
5
 
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
10
 
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).”;
15
 
(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”;
20
 
(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
25
 
(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
30
 
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
35
 
care”;
 
 
(e)
in subsection (7)(a), for “health care or social care” substitute “regulated
 
 
care”;
 
 
(f)
in subsection (8), for “health care or social care” substitute “regulated
 
 
care”;
40
 
(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);
45

Page 39

 
(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””.
5

Corporate parenting

 
21
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;
10
 
(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;
15
 
(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
20
 
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
25
 
(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—
30
 
(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
 
 
(b)
looked after by an authority for the purposes of the Children (Northern
 
 
Ireland) Order 1995 (S.I. 1995/755 (N.I. 2)).
35
 
(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.
 

Page 40

22
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.
5
 
(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
10
 
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
15
 
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
20
 
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
25
 
Assembly, result in the Bill requiring the consent of the
 
 
Secretary of State under section 8 of that Act.
 
23
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
30
 
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) ;
 
 
(b)
in the case of a local authority in England, the duty under section 1(1)
35
 
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
40
 
duplication).
 
 
(4)
Subsection (1) is not to be read as—
 

Page 41

 
(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
5
 
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;
10
 
“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 .
15
 
(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.”
20
24
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—
25
 
(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—
30
 
(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 .
 
25
Reports by Secretary of State
 
 
(1)
The Secretary of State must, after the end of each relevant three-year period,
35
 
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
40

Page 42

 
(b)
each subsequent period of three years.
 

Employment of children

 
26
Employment of children in England
 
 
(1)
The Children and Young Persons Act 1933 is amended as follows.
 
 
(2)
Before section 18 (but under the italic heading) insert—
5
“17A
Restrictions on employment of children in England
 
 
(1)
A child may not be employed to work in England—
 
 
(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;
10
 
(c)
to do work of a description specified in regulations made by
 
 
the Secretary of State;
 
 
(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,
15
 
(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
20
 
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;
25
 
(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
30
 
during a period in the year in which the child is not required
 
 
to attend school.
 
 
(2)
The Secretary of State may by regulations authorise the employment
 
 
of children aged 13 to do specified descriptions of light work in
 
 
England.
35
 
(3)
A child may not be employed to work in England except in accordance
 
 
with a permit (a “child employment permit”) granted by a local
 
 
authority in England on an application made in accordance with
 
 
regulations made by the Secretary of State.
 
 
(4)
The Secretary of State may by regulations—
40

Page 43

 
(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)
5
 
includes provision—
 
 
(a)
authorising a local authority in England 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;
10
 
(b)
requiring a local authority in England 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
15
 
information;
 
 
(e)
authorising a local authority in England to vary, suspend or
 
 
revoke a child employment permit in specified circumstances;
 
 
(f)
about appeals against—
 
 
(i)
a decision to reject an application, or
20
 
(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 England, in
25
 
specified circumstances, to disclose information about a child
 
 
employment permit to another local authority in England or
 
 
to a local authority in Wales.
 
 
(6)
The Secretary of State may by regulations make provision (subject to
 
 
subsection (1) and regulations under subsection (2) )—
30
 
(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;
35
 
(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—
40
 
(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.
 

Page 44

 
(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
5
 
development of children, and
 
 
(b)
is not such as to be harmful to their attendance at school
 
 
or to their participation in work experience in
 
 
accordance with section 560 of the Education Act 1996
 
 
, or their capacity to benefit from the education received
10
 
or the experience gained (as the case may be);
 
 
“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.
15
17B
Regulations under
 
 
(1)
Regulations under section 17A may—
 
 
(a)
make different provision for different purposes or areas;
 
 
(b)
make provision subject to exceptions;
 
 
(c)
make transitional or saving provision.
20
 
(2)
Except as provided by subsection (3) , regulations under section 17A
 
 
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
25
 
(b)
any other restriction on the processing of information (however
 
 
imposed).
 
 
(3)
Regulations under section 17A are not to be read as requiring or
 
 
authorising the processing of personal data that would contravene the
 
 
data protection legislation (but in determining whether particular
30
 
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 17A are to be made by statutory instrument.
 
 
(5)
A statutory instrument containing regulations under section 17A is
 
 
subject to annulment in pursuance of a resolution of either House of
35
 
Parliament.
 
 
(6)
In this section—
 
 
“the data protection legislation” has the same meaning as in the
 
 
Data Protection Act 2018 (see section 3(9) of that Act);
 
 
“personal data” and “processing” have the same meaning as in
40
 
the Data Protection Act 2018 (see section 3(2) and (4) of that
 
 
Act).”
 

Page 45

 
(3)
In section 18 (restrictions on employment of children)—
 
 
(a)
in the heading, at the end insert “in Wales”;
 
 
(b)
in subsection (1), in the words before paragraph (a), after “employed”
 
 
insert “to work in Wales”;
 
 
(c)
in subsection (2), in the words before paragraph (a)—
5
 
(i)
after “local authority” insert “in Wales”;
 
 
(ii)
after “of children” insert “to work in Wales”.
 
 
(4)
In section 21 (penalties and legal proceedings in respect of general provisions
 
 
as to employment)—
 
 
(a)
in subsection (1), after “byelaw” insert “or regulations”;
10
 
(b)
in subsection (2A)—
 
 
(i)
after “contravening section” insert “ 17A (1) (j) or”;
 
 
(ii)
for “section 18(1)(j)”, in the second place it occurs, substitute
 
 
“section 17A (1) (j) or 18(1)(j) (as the case may be)”.
 
 
(5)
In section 28 (powers of entry), in subsection (1), after “byelaw” insert “or
15
 
regulations”.
 
 
(6)
In section 96 (provision as to local authorities), in subsection (1), for “has the
 
 
same meaning” substitute “, “local authority in England” and “local authority
 
 
in Wales” have the same meaning”.
 

Part 2

20

Schools

 

Breakfast clubs etc

 
27
Free breakfast club provision in primary schools in England
 
 
After section 551A of the Education Act 1996 insert—
 
 
“Breakfast clubs
25
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—
30
 
(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.
35

Page 46

 
(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—
5
 
(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.
10
 
(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;
15
 
(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—
20
 
(a)
is of compulsory school age, or
 
 
(b)
is not of compulsory school age but is in reception at
 
 
the school;
 
 
“relevant school” means—
 
 
(a)
an Academy school,
25
 
(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.
30
 
(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
35
 
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
40
 
(see section 512C of this Act);
 
 
“childcare” has the meaning given by section 18 of the Childcare
 
 
Act 2006 ;
 
 
“maintained school” means—
 

Page 47

 
(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
5
 
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
10
 
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—
15
 
(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.
 
 
(4)
The Secretary of State may designate a relevant school under subsection
20
 
(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,
25
 
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
30
 
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.
35
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) ;
40

Page 48

 
(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—
5
 
(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.”
10
28
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
15
 
of the arts as they apply to Academy arrangements in relation to an
 
 
Academy school or an alternative provision Academy.”
 
 
(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
20
 
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
25
 
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.
30
 
(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 28
35
 
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
40
 
relation to a city technology college or a city college for the technology
 

Page 49

 
of the arts as they apply to Academy arrangements in relation to an
 
 
Academy school or an alternative provision Academy.”
 

School uniforms

 
29
School uniforms: limits on branded items
 
 
(1)
The Education Act 1996 is amended as follows.
5
 
(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
10
 
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
15
 
of school uniform if one of those items is a tie).
 
 
(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
20
 
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.
25
 
(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
30
 
(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
35
 
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;
 

Page 50

 
(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,
5
 
(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;
10
 
“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
15
 
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
20
 
337A.”
 
 
(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.”
25

Children not in school

 
30
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
30
 
(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
35
 
(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,
 

Page 51

 
(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
5
 
(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;
10
 
(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—
15
 
(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
20
 
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).
 
 
(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
25
 
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
30
 
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—
35
 
(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
40
 
(ii)
that no suitable arrangements have been made for the
 
 
education of the child otherwise than at school,
 
 
but otherwise must grant consent.
 

Page 52

 
(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—
5
 
(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
10
 
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
15
 
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
20
 
regulations in relation to the registration of a registered pupil
 
 
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) —
25
 
(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
30
 
(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.
35
 
(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
40
 
(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—
 

Page 53

 
(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.
5
 
(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.
10
 
(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
15
 
(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) ;
20
 
(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
 
 
conducting enquiries or taking action as mentioned in
 
 
subsection (4) .”
 
31
Registration
25
 
(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
30
 
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.
35
 
(5)
Condition C is that—
 
 
(a)
the child is not a registered pupil or a student registered at a
 
 
relevant school,
 

Page 54

 
(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
5
 
(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
10
 
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) ;
15
 
(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,
20
 
(b)
a non-maintained special school (within the meaning given by
 
 
section 337A),
 
 
(c)
an Academy school or alternative provision Academy,
 
 
(d)
an institution within the further education sector that provides
 
 
secondary education suitable to the requirements of children
25
 
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),
30
 
(f)
a school that is included in the register of independent schools
 
 
in Wales (kept under section 158 of the Education Act 2002),
 
 
or
 
 
(g)
a school within the meaning of section 135(1) of the Education
 
 
(Scotland) Act 1980.
35
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;
40
 
(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;
 

Page 55

 
(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
5
 
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;
10
 
(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.
15
 
(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
20
 
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,
 
 
including whether the local authority maintains an EHC plan
 
 
for the child;
25
 
(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
30
 
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;
35
 
(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
40
 
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
45
 
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
 

Page 56

 
(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
5
 
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
10
 
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
15
 
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
20
 
under section 436G and, if so, the nature of the support being
 
 
provided;
 
 
(l)
any actions that have been taken by a local authority in relation
 
 
to the child under sections 436I to 436Q (school attendance
 
 
orders);
25
 
(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
30
 
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—
35
 
(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;
40
 
(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
45
 
register.
 

Page 57

 
(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
5
 
(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
10
 
(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
15
 
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—
 
 
(a)
provide the authority, on request, with any of the information
 
 
referred to in section 436C (1) that the parent has,
20
 
(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.
25
 
(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
30
 
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
35
 
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 .
40
 
(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—
 

Page 58

 
(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,
5
 
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
10
 
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
15
 
436B .
 
436E
Provision of information to local authorities: education providers
 
 
(1)
This section applies where a local authority reasonably believes that—
 
 
(a)
a person is providing out-of-school education to a child for
 
 
more than the prescribed amount of time without any parent
20
 
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—
25
 
(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
30
 
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;
35
 
(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
40
 
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,
 

Page 59

 
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
5
 
(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
10
 
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.
15
 
(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.
 
 
(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
20
 
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.
25
 
(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 31 of the Children’s Wellbeing and Schools Act
 
 
2025 comes into force.
30
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
35
 
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
40
 
of State considers or the Welsh Ministers consider (as the case may
 

Page 60

 
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
5
 
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.
10
 
(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
15
 
Services and Skills, and
 
 
(ii)
His Majesty’s Chief Inspector of Education, Children’s
 
 
Services and Skills;
 
 
(c)
His Majesty’s Chief Inspector of Education and Training in
 
 
Wales;
20
 
(d)
the Welsh Ministers.
 
 
(5)
Where a local authority becomes aware that a child registered in their
 
 
register under section 436B will move, or has moved, to the area of
 
 
another local authority, the local authority—
 
 
(a)
must provide the other local authority with any information
25
 
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
 
 
register under or by virtue of section 436C (3) .
30
 
(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
35
 
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.
40
 
(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.
 

Page 61

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.
5
 
(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
10
 
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
15
 
education of the child under section 19 or 19A of this Act,
 
 
(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
20
 
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
25
 
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) ,
30
 
(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) ,
35
 
(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.”
40
 
(4)
In section 569(2B), (2BA) and (2BB) for “the National Assembly for Wales”
 
 
(in each place that it occurs) substitute “Senedd Cymru”.
 

Page 62

 
(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
5
 
the first set of such regulations—
 
 
(i)
section 436B (6) ,
 
 
(ii)
section 436C (4) ,
 
 
(iii)
section 436E (9) ,
 
 
(iv)
section 436F (1) ,
10
 
(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
15
 
laid before, and approved by resolution of, Senedd Cymru—
 
 
(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) ,
20
 
(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 .”
25
 
(6)
After Schedule 31 insert—
 
 
“Schedule 31A
Section 436E
 
 
Failure to provide information under
 
 
Warning notice
 
 
1
(1)
Where a local authority proposes to require a person to pay a
30
 
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,
35
 
(b)
the amount of the penalty, and
 
 
(c)
the person’s right to make representations.
 

Page 63

 
Representations
 
 
2
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
5
 
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
10
 
3
(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
15
 
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.
 
 
Penalty notice
 
 
4
(1)
A requirement to pay a monetary penalty is imposed by a notice
20
 
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,
25
 
(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.
30
 
(3)
A penalty notice may be withdrawn at any time by the local
 
 
authority that gave it.
 
 
Consequences of late payment
 
 
5
If the person on whom a penalty notice is served fails to pay the
 
 
monetary penalty within the period specified in the notice, the
35
 
amount of the penalty is increased by the prescribed percentage.
 

Page 64

 
Appeals
 
 
6
(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—
5
 
(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—
10
 
(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
15
 
pay the monetary penalty is suspended pending the final
 
 
determination or withdrawal of the appeal.
 
 
Enforcement
 
 
7
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
20
 
within the time specified in the penalty notice, the penalty or part
 
 
of the penalty is recoverable as if it were payable under an order
 
 
of the county court.”
 
32
School attendance orders
 
 
(1)
The Education Act 1996 is amended as follows.
25
 
(2)
After section 436G (as inserted by section 31 ) 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
30
 
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
35
 
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—
 

Page 65

 
(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
5
 
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),
10
 
or
 
 
(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
15
 
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
20
 
regular attendance at school.
 
 
(6)
Condition C is that—
 
 
(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
25
 
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
30
 
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.
35
 
(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
40
 
appears to the local authority that the requirements of
 
 
subsection (1) or (2) are met, and
 

Page 66

 
(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
5
 
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—
10
 
(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
15
 
(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—
20
 
(i)
condition B was the only condition cited in the
 
 
preliminary notice served under section 436H in relation
 
 
to the child, or
 
 
(ii)
condition B and another condition were cited in that
 
 
preliminary notice, but the child’s parent has satisfied
25
 
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
30
 
(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
35
 
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,
40
 
and
 
 
(c)
may request the child’s parent on whom the preliminary notice
 
 
has been served under section 436H to allow the local authority
 

Page 67

 
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
5
 
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—
10
 
(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.
15
 
(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
20
 
447(5).
 
 
(8)
Where a maintained school 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
25
 
(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—
30
 
(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
35
 
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.
40

Page 68

 
(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
5
 
(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.
10
 
(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.
15
 
(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
20
 
(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
 
 
individual development plan is maintained in which a particular school
 
 
is named, that school must be named in the order.
25
 
(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,
30
 
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.
35
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,
40

Page 69

 
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,
5
 
(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,
10
 
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.
15
 
(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
20
 
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,
25
 
and
 
 
(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—
30
 
(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
35
 
(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.
40
 
(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
 

Page 70

 
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,
5
 
(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.
10
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
15
 
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
20
 
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—
25
 
(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
30
 
(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
35
 
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
40
 
(b)
there is no maintained school or Academy school in their area
 
 
which—
 

Page 71

 
(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
5
 
(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
10
 
(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.
15
 
(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—
20
 
(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
25
 
(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
30
 
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,
35
 
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
40
 
notice is served, or
 

Page 72

 
(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
5
 
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
10
 
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
15
 
(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)
20
 
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
25
 
(b)
refer the question of which school or schools should be
 
 
specified in the school nomination notice back to the local
 
 
authority to determine.
 
 
(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
30
 
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
35
 
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
40
 
local authority maintains an EHC plan or a child for whom an
 
 
individual development plan is maintained in which a particular school
 
 
is named.
 

Page 73

 
(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
5
 
(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
10
 
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—
15
 
(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
20
 
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,
25
 
the authority must comply with the request.
 
 
(4)
If at any time—
 
 
(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
30
 
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) ,
35
 
(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
40
 
substituting that school for the one currently named,
 
 
the authority must comply with the request.
 

Page 74

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
5
 
section 436H in which the only condition cited was condition
 
 
B,
 
 
(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
10
 
(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
15
 
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
20
 
authority that the child is receiving suitable education,
 
 
or
 
 
(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
25
 
to receive education otherwise than by regular
 
 
attendance at school, where subsection (2) (b) and (c)
 
 
applies;
 
 
(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
30
 
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
35
 
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
40
 
(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) —
 

Page 75

 
(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—
5
 
(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
10
 
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
15
 
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
20
 
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.
25
 
(2)
Subsection (1) does not apply if—
 
 
(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
30
 
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
35
 
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
40
 
(d)
both—
 
 
(i)
the person proves that arrangements have been made
 
 
for the child to receive suitable education otherwise
 
 
than at a school, and
 

Page 76

 
(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.
5
 
(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—
10
 
(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—
15
 
(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,
20
 
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.
25
 
(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
 
 
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
30
 
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)
35
 
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
40
 
the technology of the arts.
 

Page 77

 
(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
5
 
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
10
 
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
15
 
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 —
20
 
(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
 
 
(b)
if another local authority is responsible for determining the
 
 
arrangements for the admission of pupils in the unit, that
25
 
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—
30
 
(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
35
 
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
40
 
under section 436I is in force may not under section 436O request
 

Page 78

 
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
5
 
references to the unit.”
 
33
Children not in school: processing of information
 
 
After section 436S of the Education Act 1996 (as inserted by section 32 ) insert—
 
 
“Children not in school and school attendance orders: processing of information
 
436T
Processing of information
10
 
(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
15
 
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).
20
 
(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
 
 
the processing would do so, take into account the duty imposed or
 
 
the power conferred by the provision in question).
25
 
(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).”
 
34
Guidance on children not in school and school attendance orders
 
 
After section 436T of the Education Act 1996 (as inserted by section 33 ) insert—
30
 
“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
35
 
by the Secretary of State;
 
 
(b)
in the case of a local authority in Wales, any guidance given
 
 
by the Welsh Ministers.”
 

Page 79

35
Children not in school: consequential amendments
 
 
Schedule 2 contains consequential amendments relating to section 32 .
 

Independent educational institutions

 
36
Expanding the scope of regulation
 
 
(1)
The Education and Skills Act 2008 is amended as follows.
5
 
(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;
10
 
(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
15
 
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—
20
 
(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
25
 
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
30
 
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;
35
 
(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.
40

Page 80

 
(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”).
5
 
(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
10
 
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;
15
 
(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;
20
 
(f)
a secure college, secure training centre or young offender
 
 
institution;
 
 
(g)
an institution of a description specified in regulations.
 
 
(9)
For provision regulating independent schools in Wales, see Chapter
 
 
1 of Part 10 of the Education Act 2002 .”
25
 
(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) .
30
 
(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
35
 
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
40
 
institution, other than—
 

Page 81

 
(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;”;
5
 
(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).”
10
 
(9)
In section 166 (2) (instruments subject to affirmative procedure), after paragraph
 
 
(f) insert—
 
 
“(fa)
regulations under section 92 ,”.
 
37
Independent educational institution standards
 
 
(1)
The Education and Skills Act 2008 is amended as follows.
15
 
(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—
20
 
(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
25
 
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
30
 
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
35
 
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
40
 
Secretary of State from time to time.”
 

Page 82

 
(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—
5
 
(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.
10
 
(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
15
 
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—
20
 
(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
25
 
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
30
 
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
35
 
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
40
 
(e)
specifying the period during which the proprietor may make
 
 
representations about the proposed suspension (the “specified
 
 
period”).
 

Page 83

 
(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
5
 
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,
10
 
(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
15
 
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—
20
 
(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
25
 
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
30
 
(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).
35
 
(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 .
40
118B
Period of suspension
 
 
(1)
A suspension under section 118A —
 

Page 84

 
(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
5
 
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
10
 
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—
15
 
(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,
 
 
(c)
identifying the standard or standards that are not being met,
20
 
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
25
 
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”).
30
 
(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
35
 
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
40
 
(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
 

Page 85

 
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
5
 
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
10
 
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
15
 
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.
 
 
(11)
Where the Secretary of State extends the suspension of an institution’s
20
 
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
25
 
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
30
 
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
35
 
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—
40
 
(a)
if the offence is committed before the time when section 281 (5)
 
 
of the Criminal Justice Act 2003 (alteration of penalties for
 

Page 86

 
certain summary offences: England and Wales) comes into
 
 
force, six months;
 
 
(b)
if the offence is committed after that time, 51 weeks.
 
 
(5)
For the purposes of this section “supervised activity” does not include
 
 
the boarding of students (see section 118D for provision about stopping
5
 
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
10
 
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
15
 
boarding institution, the Secretary of State must give the proprietor
 
 
notice in accordance with—
 
 
(a)
subsections (4) and (8) ,
 
 
(b)
subsection (9) , or
 
 
(c)
in the case of a new stop boarding requirement imposed under
20
 
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
25
 
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
30
 
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
35
 
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.
40
 
(6)
Subsections (7) and (8) apply where the Secretary of State has given
 
 
the proprietor of a boarding institution a warning notice under section
 

Page 87

 
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
5
 
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
10
 
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
15
 
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—
 
 
(a)
specify whether the requirement relates to all boarders at the
20
 
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
25
 
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
30
 
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
35
 
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,
40
 
(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
45
 
(e)
explain the right of appeal conferred by section 125.
 

Page 88

 
(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
5
 
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
10
 
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—
15
 
(i)
on the date specified in the notice of suspension under
 
 
section 118A (6) or (8) (see section 118D (8) and (9) ), or
 
 
(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
20
 
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
25
 
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—
30
 
(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
35
 
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
40
 
of a boarding institution under section 118B (5) (notice of proposed
 
 
extension of suspension), the notice must also—
 

Page 89

 
(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,
5
 
(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
10
 
(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”);
15
 
(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
 
 
(ii)
explain that the proprietor may make representations
20
 
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
25
 
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
30
 
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
35
 
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
40
 
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.
45

Page 90

 
(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—
5
 
(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,
10
 
(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;
15
 
(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
20
 
(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
25
 
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—
30
 
(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
35
 
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—
40
 
(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
45
 
under this section, the requirement lasts until the date specified in the
 

Page 91

 
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
5
 
(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—
10
 
(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
15
 
(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).
20
 
(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;
25
 
(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
30
 
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
35
 
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
40
 
appeal to satisfy the Tribunal that they will be.”
 

Page 92

 
(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—
5
 
“(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
10
 
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.
15
 
(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.
 
 
(10)
Tribunal Procedure Rules may make provision for the
 
 
suspension by the Tribunal of a decision under any of the
20
 
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
25
 
boarding requirement), or
 
 
(d)
section 118E (4) (a) (extension of stop boarding
 
 
requirement).”
 
 
(7)
After section 127 insert—
 
“127A
Determination by Tribunal of whether persons are fit and proper
30
 
(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.
35
 
(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.
40
 
(3)
“Relevant person” means—
 

Page 93

 
(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;
5
 
(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) .
10
38
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.”
15
 
(2)
Before Schedule 1 to that Act insert—
 
 
“Schedule A1
Section 96
 
 
Unregistered independent educational institutions: prevention orders
 
 
Making a prevention order
 
 
1
(1)
Where a person (the “defendant”) is convicted of an offence under
20
 
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
25
 
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
30
 
(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,
35
 
or
 
 
(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—
40

Page 94

 
(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
5
 
open court its reasons for that decision.
 
 
Duration of prevention order
 
 
2
(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
10
 
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.
 
 
Application for variation or discharge of prevention order
15
 
3
(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—
20
 
(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.
25
 
(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
30
 
4
(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—
35
 
(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;
 

Page 95

 
(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
5
 
5
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
10
 
Schedule A1
 
 
prevention order
 
 
offence of conducting an unregistered
 
 
independent education institution in
 
 
England”.
 
39
Material changes
 
 
(1)
The Education and Skills Act 2008 is amended as follows.
15
 
(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—
20
 
“(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—
25
 
“(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—
30
 
“(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
35
 
(5)(a), or
 
 
(b)
if the address of a building is different to that address, any
 
 
information about it other than its address,
 

Page 96

 
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
 
(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;
10
 
(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
15
 
for students;
 
 
(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
20
 
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
25
 
the institution).
 
 
(2B)
For the purposes of subsection (2) (g) —
 
 
(a)
“building” means any—
 
 
(i)
building,
 
 
(ii)
part of a building, or
30
 
(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;
35
 
(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
40
 
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.”
 

Page 97

 
(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
5
 
(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
10
 
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
15
 
the application (see section 104(1A) and (1B)).
 
 
(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—
20
 
(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)—
25
 
(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—
30
 
(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
35
 
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—
40
 
(a)
must approve the change if satisfied that the standards
 
 
are likely to be met immediately if the change is made;
 

Page 98

 
(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
5
 
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”;
10
 
(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”;
15
 
(c)
in subsection (3) , for “subsection (1)” substitute “this section”;
 
 
(d)
in subsection (4) , for “subsection (1) to refuse” substitute “this section
 
 
not”.
 
 
(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
20
 
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”.
25
40
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,
30
 
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)
35
 
for “100” substitute “100(1)”.
 
41
Imposition of relevant restrictions
 
 
(1)
The Education and Skills Act 2008 is amended as follows.
 
 
(2)
In section 105 —
 

Page 99

 
(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—”;
5
 
(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
10
 
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
15
 
“section” insert “105(1A)(a) or”.
 
 
(4)
In section 118 (relevant restrictions imposed by Secretary of State)—
 
 
(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
20
 
State), in subsection (1) (c) , after “section” insert “105(1A)(a) or”.
 
42
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—
25
 
“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—
30
 
(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
35
 
offence under—
 
 
(a)
section 96 (conducting an unregistered independent educational
 
 
institution),
 

Page 100

 
(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
5
 
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),
10
 
(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
15
 
(1)
The Chief Inspector may, without a warrant, enter any premises (see
 
 
also section 127C for entry to premises under warrant).
 
 
(2)
The power of entry must be exercised at a reasonable hour.
 
 
(3)
Before entering any premises under this section, the Chief Inspector
 
 
must—
20
 
(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;
25
 
(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
30
 
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)
35
 
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
40
 
information of any description is recorded.
 

Page 101

 
(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
5
 
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
10
 
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,
15
 
or
 
 
(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 ).
20
 
(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”).
25
 
(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
30
 
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
35
 
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—
40
 
(a)
authorises the Chief Inspector to exercise the powers of
 
 
investigation conferred by section 127D (1) (a) , and
 

Page 102

 
(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
5
 
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
 
(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.
15
 
(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
20
 
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
25
 
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
30
 
(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);
35
 
(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;
40
 
(e)
take copies of any document produced in response to a
 
 
requirement under paragraph (d) ;
 

Page 103

 
(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);
5
 
(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
10
 
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;
15
 
(k)
require any person on the premises to provide the Chief
 
 
Inspector with whatever facilities and assistance within the
 
 
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
20
 
(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
25
 
(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
30
 
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
35
 
(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
40
 
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).
 

Page 104

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
5
 
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
10
 
(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—
 
 
(a)
the Chief Inspector has attempted to exercise a power conferred
15
 
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
20
 
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
25
 
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
30
 
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
35
 
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
40
 
the course of an interview under that paragraph.
 

Page 105

 
(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—
5
 
(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
10
 
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.
15
 
(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.
20
 
(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
25
 
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 (v) insert—
 
 
“(w)
section 127D (3) of the Education and Skills Act 2008 .”
30
 
(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
35
 
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) —
40
 
(i)
at the end of paragraph (e) omit “or”;
 
 
(ii)
at the end of paragraph (g) insert “, or”;
 

Page 106

 
(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 73W insert—
5
 
“Education and Skills Act 2008
 
 
73X
Each of the powers of seizure conferred by section 127D (1) (e) , (h)
 
 
and (i) of the Education and Skills Act 2008 .”
 
43
Application of schools provision to independent educational institutions
 
 
(1)
The Education and Skills Act 2008 is amended as follows.
10
 
(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
15
 
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
20
 
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—
25
 
“(ga)
regulations under section 137A , or”.
 

Inspections of schools and colleges

 
44
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—
30
 
“(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.”
35

Page 107

 
(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
5
 
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
10
 
college does not breach—
 
 
(a)
any obligation of confidence owed by the Chief Inspector for
 
 
England, or
 
 
(b)
any other restriction on the disclosure of information (however
 
 
imposed).
15
 
(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
20
 
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—
25
 
(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
30
 
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
35
 
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
40
 
imposed).
 

Page 108

 
(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
5
 
Protection Act 2018 (see section 3 of that Act).”
 

Teacher misconduct

 
45
Teacher misconduct
 
 
(1)
The Education Act 2002 is amended as follows.
 
 
(2)
In section 141A (teachers to whom misconduct regime applies)—
10
 
(a)
in subsection (1) —
 
 
(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
15
 
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,
20
 
(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 ;
25
 
“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
30
 
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.
35
 
(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,
 
 
or
 

Page 109

 
(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—
5
 
(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
10
 
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.
 
 
(6)
The Secretary of State may by regulations amend this section so as to
15
 
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”
20
 
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
25
 
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)—
30
 
(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—
35
 
“(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”;
40

Page 110

 
(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
5
 
(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)—
10
 
(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) ,”.
 

School teachers’ qualifications and induction

15
46
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
20
 
“(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
25
 
section.”
 

Academies

 
47
Academy schools: duty to follow National Curriculum
 
 
(1)
The Academies Act 2010 is amended as follows.
 
 
(2)
In section 1A (Academy schools)—
30
 
(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
35

Page 111

 
(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
5
 
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
10
 
(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
15
 
subsection (1)(b)(ii).”
 
 
(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.”
20
 
(4)
After Schedule 1 insert—
 
 
“Schedule 1A
Section 13A
 
 
Application of education legislation
 
 
Part 6 of EA 2002: National Curriculum for England
 
 
1
Sections 82 to 94 and 96 of EA 2002 (National Curriculum for
25
 
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.
 
 
2
For the purposes of paragraph 1 , sections 82 to 94 and 96 of EA
 
 
2002 apply as if—
30
 
(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),
35
 
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
40

Page 112

 
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)—
5
 
(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
10
 
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
15
 
information given under subsection (1), the
 
 
proprietor must also give that information, in
 
 
such manner as may be prescribed, to the
 
 
local authority who are the responsible
 
 
authority in relation to the pupil in question.”;
20
 
(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
25
 
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).”
30
48
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
35
 
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”
40
 
substitute “, a pupil referral unit or an Academy”;
 

Page 113

 
(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
5
 
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
10
 
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
15
 
purpose of receiving educational provision which is intended to improve the
 
 
behaviour of the pupil.
 
49
Academies: power to secure performance of proprietor’s duties etc
 
 
(1)
After section 497B of the Education Act 1996 (but before the italic heading
 
 
before section 498) insert—
20
“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,
25
 
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
30
 
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
35
 
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
40
 
direction under this section.
 

Page 114

 
(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
5
 
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
10
 
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.”
 
50
Repeal of duty to make Academy order in relation to school causing concern
15
 
(1)
The Academies Act 2010 is amended as follows.
 
 
(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”.
20
 
(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)”.
25
 
(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
30
 
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
35
 
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).
 

Page 115

Teachers’ pay and conditions

 
51
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).
5
52
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”;
10
 
(b)
omit paragraph (c) (together with the final “or”).
 

School places and admissions

 
53
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
15
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
20
 
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
25
 
(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)
30
 
(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).
 

Page 116

 
(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.
5
 
(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
10
 
The governing body for the
10
 
school, voluntary school,
 
 
school
 
 
community special school or
 
 
foundation special school
 
 
An Academy school or an
 
 
The proprietor of the school
 
 
alternative provision Academy
15
 
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
20
 
is to be read as a reference to the local authority so far as it acts other
 
 
than through the committee.”
 
54
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),
25
 
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.”
30
 
(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)”;
35
 
(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
 

Page 117

 
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”;
5
 
(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”.
 
55
Power to direct admission: additional triggers
 
 
(1)
Section 96 of the School Standards and Framework Act 1998 (general power
10
 
of local authority to direct admission of individual pupil) is amended as
 
 
follows.
 
 
(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
15
 
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.”
20
 
(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
25
 
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
30
 
(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
35
 
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
40
 
school admissions for the purpose of securing admission to school for
 

Page 118

 
children who have failed to secure, or are considered at particular risk
 
 
of not securing, admission through ordinary procedures;”.
 
56
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—
5
“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
10
 
specified in the arrangements, and
 
 
(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
15
 
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
20
 
(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.
25
 
(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
30
 
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
35
 
(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
40
 
to the school in a school year.
 

Page 119

 
(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
5
 
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
10
 
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.”
 
 
(4)
In section 88K (sections 88H and 88I: supplementary)—
 
 
(a)
in the heading, for “and 88I” substitute “, 88I and 88IA”, and
15
 
(b)
in subsection (5), for “section 88I” substitute “sections 88I and 88IA”.
 

Establishment of new schools

 
57
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.
20
 
(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
25
 
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
30
 
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
35
 
“(c)
an alternative provision Academy,
 
 
other than a school providing education suitable only
 
 
to the requirements of persons above compulsory school
 
 
age.”;
 

Page 120

 
(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
5
 
(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
10
 
for the establishment of—
 
 
(i)
a new community, community special,
 
 
foundation or foundation special school, other
 
 
than one providing education suitable only to
 
 
the requirements of persons above compulsory
15
 
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
20
 
“(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—
25
 
“(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.”
 
58
Certain proposals to establish new schools: publication requirements etc
 
 
(1)
Part 2 of the Education and Inspections Act 2006 (establishment, discontinuance
30
 
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—
35
 
“(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
40
 
under this section if there is for the time being no notice under
 

Page 121

 
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—
5
 
(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
10
 
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
 
 
under this section if there is for the time being no notice under
15
 
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
20
 
(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).
25
 
(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”.
 
59
Establishment of pupil referral units
30
 
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.”
35
 
60
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).
 

Page 122

61
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
5
 
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
10
 
the same meaning as in the Data Protection Act 2018 (see section 3 of
 
 
that Act).”
 
62
Transitional provision
 
 
(1)
The amendments made by section 57 (2) and Schedule 4 do not apply in
 
 
relation to a case where, before those provisions come into force, a local
15
 
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,
20
 
but a final determination of the proposals has not been made.
 
 
(2)
The amendments made by section 57 (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
25
 
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 57 (3) may be satisfied
 
 
by consultation that occurs wholly or partly before the coming into force of
 
 
section 57 (3) .
30
 
(4)
The amendments made by section 58 (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
35
 
proposals may be satisfied by consultation that occurs wholly or partly before
 
 
the coming into force of section 58 (2) .
 
 
(6)
In this section, “EIA 2006” means the Education and Inspections Act 2006.
 

Page 123

Part 3

 

General

 
63
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.
5
 
(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.
10
 
(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.
 
 
(5)
The power to make regulations under this section includes power to make—
15
 
(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,
20
 
(c)
an Act or Measure of Senedd Cymru, or
 
 
(d)
Northern Ireland legislation.
 
64
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
25
 
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.
 
65
Extent
 
 
(1)
Any amendment or repeal made by this Act has the same extent as the
30
 
provision amended or repealed.
 
 
(2)
Subject to subsection (1) , sections 21 to 25 and Schedule 1 extend to England
 
 
and Wales, Scotland and Northern Ireland.
 
 
(3)
Subject to subsections (1) and (2) , Parts 1 and 2 extend to England and Wales
 
 
only.
35
 
(4)
This Part extends to England and Wales, Scotland and Northern Ireland.
 

Page 124

66
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.
5
 
(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 ;
10
 
(c)
section 28 ;
 
 
(d)
section 44 ;
 
 
(e)
section 48 ;
 
 
(f)
section 49 ;
 
 
(g)
section 50 ;
15
 
(h)
section 51 and Schedule 3 other than paragraph 6 of that Schedule;
 
 
(i)
section 52 ;
 
 
(j)
section 53 .
 
 
(3)
Subject to subsection (1), sections 30 to 35 and Schedule 2 come into force, in
 
 
relation to Wales, on such day as the Welsh Ministers may by regulations
20
 
made by statutory instrument appoint.
 
 
(4)
Subject to subsections (1) to (3) , this Act comes into force on such day as the
 
 
Secretary of State may by regulations made by statutory instrument appoint.
 
 
(5)
Different days may be appointed under subsection (3) or (4) for different
 
 
purposes or areas.
25
 
(6)
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, except sections 30 to 35 and Schedule 2 in relation
 
 
to Wales.
 
 
(7)
The Welsh Ministers may by regulations made by statutory instrument make
30
 
transitional or saving provision in connection with the coming into force of
 
 
sections 30 to 35 and Schedule 2 in relation to Wales.
 
 
(8)
The power to make regulations under subsection (6) or (7) includes power
 
 
to make different provision for different purposes or areas.
 
67
Short title
35
 
This Act may be cited as the Children’s Wellbeing and Schools Act 2025.
 

Page 125

Schedules

 
 
Schedule 1
Section 21
 

Relevant authorities

 

Part 1

 

List of relevant authorities

5
 
1
The Secretary of State.
 
 
2
The Lord Chancellor.
 
 
3
(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.
10
 
4
(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.
15
 
5
(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.
20
 
(2)
In sub-paragraph (1) , “proprietor” has the meaning given by section 579(1)
 
 
of the Education Act 1996.
 
 
6
(1)
The governing body of an institution in England within the further
 
 
education sector.
 
 
(2)
In sub-paragraph (1) —
25
 
(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.
30
 
7
(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.
35
 
8
His Majesty’s Chief Inspector of Education, Children’s Services and Skills.
 

Page 126

 
9
NHS England.
 
 
10
An integrated care board.
 
 
11
An NHS foundation trust.
 
 
12
An NHS trust.
 
 
13
The Care Quality Commission.
5
 
14
The Youth Justice Board for England and Wales.
 

Part 2

 

Power to modify

 
 
15
(1)
The Secretary of State may by regulations made by statutory instrument
 
 
amend Part 1 of this Schedule by—
10
 
(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
15
 
approved by a resolution of each House of Parliament.
 
 
16
(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.
20
 
(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.
25
 
17
(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
30
 
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 —
35
 
(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
 
 
consists of or includes any persons who exercise devolved functions
 
 
only, or
 

Page 127

 
(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
5
 
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
10
 
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
15
 
consent of the Secretary of State (see sections 6 to 8 of the Northern
 
 
Ireland Act 1998).
 
 
Schedule 2
Section 35
 

Children not in school: consequential amendments

 

Children Act 1989

20
 
1
(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 ”.
25
 
(4)
In Schedule 3 (supervision orders), in paragraph 13(2)(a)(i) and (b)(i), for
 
 
“437” substitute “ 436I ”.
 

Education Act 1996

 
 
2
(1)
The Education Act 1996 is amended as follows.
 
 
(2)
Omit sections 437 to 443 (school attendance orders) and the italic headings
30
 
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

35
 
(5)
In sections 445(1), 446 and 447(1) and (2)(a), for “443” substitute “ 436Q ”.
 

Page 128

 
(6)
After section 447 insert—
 

“Interpretation of Chapter

 
447A
Interpretation of Chapter 2
 
 
In this Chapter—
 
 
“maintained school” means any community, foundation or
5
 
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 ”.
10

School Standards and Framework Act 1998

 
 
3
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

15
 
4
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 51
20

Pay and conditions of Academy teachers: amendments to the Education Act

 

2002

 
 
1
Part 8 of the Education Act 2002 (teachers’ pay and conditions etc) is
 
 
amended as follows.
 
 
2
In section 120 (2) (School Teachers’ Review Body function: meaning of school
25
 
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 .”
 
 
3
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
30
 
Academies,”.
 
 
4
In the heading of section 122 , after “conditions” insert “of school teachers
 
 
other than Academy teachers”.
 

Page 129

 
5
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.
5
 
(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
10
 
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
15
 
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
20
 
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—
25
 
(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
30
 
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
35
 
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
 
 
(b)
is not appointed by the proprietor of the Academy as an
40
 
executive leader of the proprietor.
 

Page 130

 
(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)).
5
 
(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
10
 
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) —
15
 
(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
20
 
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).”
 
 
6
In section 122A (inserted by paragraph 5 ), after subsection (10) insert—
25
 
“(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).”
30
 
7
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
35
 
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.”;
40
 
(c)
in subsection (2) (b) , after “local authorities” insert “, teachers and
 
 
proprietors of Academies”;
 
 
(d)
in subsection (3) , after “122” insert “or 122A ”;
 

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(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) .”
 
 
8
In section 124 (supplementary provision), after “122”, in each place it occurs
5
 
(including the heading), insert “or 122A ”.
 
 
9
In section 125 (1) (requirement to refer matter before making order), after
 
 
“122” insert “or 122A ”.
 
 
10
In section 126 (bodies to be consulted by the Secretary of State)—
 
 
(a)
after “122” insert “, 122A ”;
10
 
(b)
after paragraph (b) insert—
 
 
“(ba)
bodies representing the interests of proprietors of
 
 
Academies,”.
 
 
11
In section 127 (guidance issued by the Secretary of State)—
 
 
(a)
after subsection (2) insert—
15
 
“(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.
20
 
(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)”;
25
 
(ii)
after paragraph (b) insert—
 
 
“(ba)
bodies representing the interests of proprietors
 
 
of Academies,”.
 
 
12
After section 127 insert—
 
“127A
References to “Academy” and “Academy arrangements”
30
 
(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
35
 
includes a reference to an agreement under section 482 of the
 
 
Education Act 1996 (city colleges).”
 
 
13
In section 210 (6) (orders not subject to Parliamentary procedure), after “122”
 
 
insert “or 122A ”.
 

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Schedule 4
Section 60
 

Establishment of new schools: amendments to Schedule 2 to the Education

 

and Inspections Act 2006

 
 
1
Schedule 2 to the Education and Inspections Act 2006 (proposals for
 
 
establishment or discontinuance of schools in England) is amended as
5
 
follows.
 
 
2
In paragraph 1(1) (application of Schedule), omit “, 11”.
 
 
3
In paragraph 2 (meaning of “the relevant authority”), in paragraph (b) omit
 
 
“, 11”.
 
 
4
Omit paragraph 3A (meaning of “Academy proposals” and “non-Academy
10
 
proposals”) and the italic heading before it.
 
 
5
(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—
15
 
(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
20
 
section, by the relevant authority, and”.
 
 
(3)
In paragraph (b), omit “, 11”.
 
 
6
Omit paragraph 5A (consideration of proposals: distinction between
 
 
Academy and non-Academy proposals).
 
 
7
In paragraph 6 (consideration of proposals), for “10 or 11” substitute “7 or
25
 
10”.
 
 
8
Omit paragraph 7A (consideration of Academy proposals).
 
 
9
(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”.
30
 
(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.”
 
 
10
In paragraph 9 (consideration of proposals that are related to other
35
 
proposals), in sub-paragraph (2A)(b), omit “, 11”.
 
 
11
In the italic heading before paragraph 10, after “refer to” insert “Secretary
 
 
of State or”.
 

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12
(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”,
5
 
(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
10
 
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
15
 
(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—
20
 
(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.”
 
 
13
In the italic heading before paragraph 12, for “adjudicator” substitute
25
 
“Secretary of State”.
 
 
14
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”.
 
 
15
In the italic heading before paragraph 13, after “refer” insert “certain”.
30
 
16
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,
35
 
(b)
paragraph 8(4) applies in relation to the proposals, and
 
 
(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
40
 
a prescribed time refer to the adjudicator the proposals concerned,
 

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together with any comments made on the proposals by the
 
 
authority.”
 
 
17
(1)
Paragraph 14 (reference to adjudicator at request of aggrieved person) is
 
 
amended as follows.
 
 
(2)
In sub-paragraph (1), omit “, 11”.
5
 
(3)
In sub-paragraph (2)(c), omit “or 11”.
 
 
18
(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”.
 
 
19
(1)
Paragraph 16 (withdrawal of proposals before determination) is amended
10
 
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”.
15
 
(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
20
 
person”.
 
 
20
In the italic heading before paragraph 17, after “to” insert “Secretary of
 
 
State or”.
 
 
21
For paragraph 17 substitute—
 
 
“17
(1)
This paragraph applies where any proposals are referred to the
25
 
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.
30
 
(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).
35
 
(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
40

Page 135

 
(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
5
 
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.”
 
 
22
After paragraph 17 insert—
10

“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.
15
 
(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
20
 
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
25
 
(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.
30
 
(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.
35
 
(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
 
 
the approval of the proposals, the authority may only approve
 
 
the proposals under paragraph 8 subject to those conditions.
40
 
(7)
Sub-paragraphs (5) and (6) do not prevent the relevant authority
 
 
approving the proposals with further modifications or conditions,
 

Page 136

 
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
5
 
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
10
 
adjudicator of proposals to establish an Academy does not oblige
 
 
the Secretary of State to enter into, or seek to enter into, Academy
 
 
arrangements.”
 
 
23
(1)
Paragraph 19 (determination whether to implement proposals not requiring
 
 
consideration under paragraph 8) is amended as follows.
15
 
(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
20
 
(ii)
are not required to be referred to the Secretary
 
 
of State,”;
 
 
(b)
in paragraph (b) omit “or 11”.
 
 
24
(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”.
25
 
(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
30
 
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)—
35
 
(i)
after “referred to” insert “the Secretary of State or”, and
 
 
(ii)
after “adjudicator” insert “(“the decision-maker”)”;
 
 
(b)
in paragraph (a), for “adjudicator” substitute “decision-maker”;
 
 
(c)
in paragraph (b), for “adjudicator” substitute “decision-maker”.
 
 
25
(1)
Paragraph 22 (proposals not falling to be implemented) is amended as
40
 
follows.
 

Page 137

 
(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
5
 
Secretary of State under that paragraph (and paragraph 17 applies
 
 
accordingly).”
 
Amendments

No amendments available.