Management team sponsors:

John Coughlan - Director of Children's Services; 01962 846400; [email protected]

John Clarke - Deputy Director of Children's Services; 01962 846459; [email protected]

1 Summary

1.1 This paper summarises the main provisions of the Education and Inspections Act 2006 ("the Act") which received the Royal Assent on 8 November 2006 and highlights issues of particular relevance to the County Council. A brief summary, prepared by the Department for Education and Skills (DfES) is attached at Appendix 1. The timescale for the implementation of the new provisions highlighted in this report is set out in Appendix 2.

1.2 The Act is divided into ten parts. Those of most immediate importance to the County Council are highlighted in Part A of this paper; Part B covers other aspects of the Act which, though important, are more strategic and therefore likely to have less immediate impact. The full text of the Act and a detailed explanatory note can be accessed via the website of the Office of Public Sector Information (formerly Her Majesty's Stationery Office) - www.opsi.gov.uk\acts\acts2006a.htm

1.3 Many of the provisions in the 2006 Act amend or add to previous legislation, particularly the 1996 and 1998 Acts. The new provisions on the establishment, discontinuance or alteration of schools, major changes to school admission procedures, new requirements in relation to school travel and increased educational support for excluded pupils are particularly important and will have significant resource implications for the County Council.

1.4 The Act is accompanied by a number of draft regulations for consultation. Most important of these is the consultation on School Organisation and Governance Regulations and Guidance for which the closing date for comment is 4 February. The Executive Member for Education is asked to delegate responsibility for responding to the various consultation documents to the Director of Children's Services, after consultations with the Executive Member.

1.5 The Act helps to deliver four of the five Children Act outcomes - Being healthy; Staying safe; Enjoying and achieving and Making a positive contribution - by enhancing pupil access to schools, offering wider curriculum choices at Key Stage 4 and improving the quality of school food.

PART A

2 Establishment, discontinuance or alteration of schools

2.1 This is one of the most important parts of the Act and will have significant implications for the way the County Council fulfils its statutory obligation to ensure that there are "sufficient (schools) in number, character and equipment to provide for all pupils the opportunity of appropriate education." (1996 Act, section 14).

2.2 Currently, when future projected numbers indicate that a new school may be required, an initial paper giving all relevant information is considered by the Executive Member for Education who may then approve statutory consultations. The results of these consultations are then reported back to the Executive Member. If the proposals include potential school closure, the Cabinet will take the final decision. If proposals for a change in current provision are confirmed, public notices are issued and, if there are objections, the matter is then considered by the School Organisation Committee (SOC). An independent adjudicator is the final arbiter if the SOC cannot come to a unanimous decision but the SOC's decision is final if there is unanimity.

2.3 The new Act envisages significant changes to current procedures.

Competitions

2.4 The Education Act 2005 contains provisions to allow "competitions" for building new secondary schools. This provision has now been extended by the new Act to encompass primary schools which, bearing in mind that the County Council builds many more primary than secondary schools, is likely to have a much more significant effect. Once the need for a new school has been identified, the local authority must publish a notice "inviting proposals from persons other than local education authorities...." The terms of this notice are prescribed in regulations.

2.5 At the end of the public notice period, the local authority must publish all proposals that have been received. There is then a period in which objections may be submitted, following which the local authority, or in some cases the adjudicator, has to decide which proposals should be approved.

2.6 Although the Act provides for consent to be given by the Secretary of State to a local authority or other proposer to establish a school without the need for competition, provided proper consultations have been carried out, this is the exception rather than the norm. There is a presumption that new schools proposed by a local authority will have foundation status, but there is provision for new schools to have community status if the authority has an APA rating of 3 or 4.

Trust Schools

2.7 The Act provides the facility for new schools to be established as Trust schools, or for existing schools to become Trust schools, although this term is not used in the text. The legislation refers to the concept of a "foundation school with a foundation" to differentiate it from most existing foundation schools, of which there are 20 in Hampshire. Trusts might be set up by education charities, further or higher education institutions, business foundations or community groups. It is open to the County Council to offer to become a minority sponsor within a trust arrangement, working in partnership with other trustees.

2.8 Where the majority of governors of a Trust school are appointed by the Trust, a parent council must be established to advise the governing body on matters relating to the conduct of the school and the governing body's exercise of its powers to provide community facilities.

2.9 When, as a result of the 1998 Act, grant maintained schools were renamed foundation schools, no other Hampshire school chose to follow the foundation route. A Trust school will have very similar responsibilities to those currently exercised by foundation schools, including owning their own assets, employing their own staff, and setting their own admission arrangements. Staff employment and admission arrangements are already subject to very strict statutory regulation so that any school seeking to become a "foundation school with a foundation" would need to consider very carefully how their additional responsibilities would be a positive lever in support of the local authority's and governors' responsibility to promote high standards.

2.10 Any primary, secondary or special school that is interested in becoming a Trust school can apply for assistance from the DfES "early adopter" programme. Schools will be eligible for funding (up to a maximum of £10,000) to assist with set-up costs that they may incur when going through the process to acquire a Trust.

2.11 There has been some concern expressed nationally at the potential "privatisation" of maintained schools. Bearing in mind that the acquisition of a Trust requires the involvement of new partners and the sensitivity of assessing proposals from "non-traditional" promoters, it is important that the County Council establishes a clear framework for considering any such proposals and, in particular, offering professional advice to schools who may wish to consider this path.

Academies

2.12 Paragraph 2.11 referred to the need for the County Council to adopt a policy in relation to Trust schools. Although not specifically mentioned in the Act, it would be wise at this stage to establish a parallel policy in relation to Academies (formerly known as "city Academies"). Academies are independent all-ability schools with charitable status established by sponsors from business, faith or voluntary groups and expected to work in highly innovative partnerships with central Government and local education partners.

2.13 The DfES says that "Academies are publicly funded independent schools. Their independent status allows them the flexibility to be innovative and creative in their curriculum, staffing and governance. Academies, therefore, work in different ways to a traditional local authority school. Academies are directly accountable to the Secretary of State through the requirements of a funding agreement."

2.14 Running costs are met by the DfES. The government is committed to funding Academies on a comparable basis to other schools in their areas with similar characteristics. The General Annual Grant received by Academies from the Secretary of State is calculated on the basis of the funding formula of the local authority in which it is situated

2.15 Most Academies are located in areas of disadvantage, replacing one or more existing schools facing challenging circumstances or are established where there is a need for additional school places. The DfES expects local authorities to consider the scope for the establishment of Academies as part of their strategic plan to increase diversity in secondary provision and improve educational opportunities. Under new rules, the local authority is responsible for procuring the buildings for new academies. Sponsors are expected to contribute up to 10% of new building costs (capped at £2 million) or up to £1.5 million where major refurbishment is more appropriate.

2.16 As the Academy programme has developed, concerns have been expressed in some quarters that "pressure groups" might take over educational institutions and divert the curriculum and ethos to their own purposes.

2.17 There has been much debate as to whether Academies do in fact improve academic attainment. The most recent Price Waterhouse Cooper's (PWC) report contains the following key findings:

· "Generally speaking, pupil performance at Key Stage 3 and 4 in Academies between 2002 and 2005 has been improving and often at a rate that exceeds corresponding improvements in other similar schools.

· "There is clear diversity in pupil performance both between and within Academies, and this diversity is one of the most important findings to emerge from the research to date. In some Academies, and depending upon the indicator used, performance is actually deteriorating; in other Academies performance is improving in all subject areas and in others performance is improving in one subject and deteriorating in another."

2.18 PWC comment that success depends, as always, on the existence of strong leadership in most Academies and the support provided to Principals by sponsors. They add that "although the amount of revenue funding for Academies is the same as other schools, the overall level of resourcing in Academies, and the quality of the resources deployed, is significantly above that experienced by staff and pupils in their predecessor schools; this is particularly the case in relation to buildings, ICT and equipment. There is clear evidence from pupil and staff surveys that this injection of resources has been a major factor in promoting a more positive learning environment....."

2.19 It is important to note that, although the Secretary of State must by law formally consult the local authority in whose area the potential Academy is based, the final decision is made by the Secretary of State who will then sign a funding agreement with the Academy's Trust.

2.20 The County Council must be alert to the possibility that schools may wish to consider the Academy or Trust school path. It would be wise, therefore, to consider the extent to which the Council might wish to support any initiative, and in what circumstances, or alternatively to adopt a more neutral or opposing stance.

Rural primary schools

2.21 When considering the closure of a rural primary school, the County Council has had to take account of statutory advice in the DfES document Advice to Decision Makers. The 2006 Act now consolidates in primary legislation matters to which the relevant body must have regard when considering the future of a rural primary school, namely:

a) The likely effect of the discontinuance of the school on the local community;

b) The availability, and likely cost to the local education authority, of transport to other schools;

c) Any increase in the use of motor vehicles which is likely to result from the discontinuance of the school, and the likely effects of any such increase, and

d) Any alternatives to the discontinuance of the school.

Parental representations on the provision of schools

2.22 The Act gives local authorities a new duty to consider parental representations in respect of the authority's duty to provide sufficient schools for its area. The DfES has issued draft guidance to local authorities setting out how they will be expected to implement this new duty. As well as requiring local authorities to promote diversity and increase parental choice in planning and securing the provision of school places, the Act also places an explicit duty on authorities for the first time to consider parental representations and respond formally to parents seeking changes to the provision of schools in their area, including new schools.

2.23 The guidance envisages situations where parents may wish to make representations in relation to the standards of local schools or with the pattern of current provision in their area. Local authorities would be expected to make an initial response to parents within four weeks. Although the County Council has always carried out detailed consultations with all interested parties, including parents, when considering changes to local educational provision, the new Act envisages situations where the initial trigger for review might come from parents rather than the local authority.

2.24 Officers in the Children's Services Department carry out regular reviews of school provision which, in turn, may lead to specific proposals for area or school reviews. It may well be, of course, that the authority's priorities are mirrored locally by parents but it must be expected that, on occasion, parental groups will make representations to the local authority in relation to schools or areas which have not been identified as meriting a more detailed review.

2.25 Given the authority's duty to respond appropriately and within a specific timescale, this is likely to put increased pressure upon the planning process with the possibility that resources may need to be diverted from proposals already agreed. This duty takes effect from May 2007 so it is clear that procedures for responding to parental representations must be established quickly.

School Organisation Committee (SOC)

2.26 The Act provides for the abolition of the School Organisation Committee, likely to be with effect from May 2007. This committee, set up by the 1998 Act, has had a statutory duty to consider objections and other representations to statutory proposals. Its membership comprises representatives of the County Council, governing bodies, the Church of England and Roman Catholic dioceses and the Learning and Skills Council. In Hampshire, this independent committee has carried out its duties in a highly professional manner, considering carefully the inevitably conflicting arguments when, for example, school closures are proposed. The final local arbiter now becomes the County Council though in some circumstances this role might fall to an independent adjudicator.

2.27 It will be necessary for the County Council to establish appropriate procedures to cater for this new duty, which will also apply to proposals to alter or discontinue existing schools.

2.28 Under the 2006 Act, diocesan bodies and the governors or trustees of voluntary and foundation schools have the right to appeal to an adjudicator against an adverse decision of the County Council affecting their school.

3 Further provisions about maintained schools

New duties for governing bodies

3.1 This part of the Act imposes four new duties on the governing bodies of maintained schools and also contains far-reaching provisions relating to school admissions.

3.2 When discharging their functions relating to the conduct of the school, governing bodies now have a duty to promote the well-being of their pupils and promote "community cohesion". Well-being is defined in terms of the Children Act 2004 five outcomes. When carrying out inspections, Ofsted will be assessing the extent to which schools are promoting the well-being of their pupils.

3.3 In exercising their responsibilities, governors must have regard to the local authority's Children and Young Peoples Plan (CYPP). They must also have regard to any views expressed by parents in relation to the running of the school.

Code for School Admissions

3.4 It is important to note the enhanced status of the new School Admissions Code. Hitherto, local authorities and governing bodies were required to "have regard to" the Code. When the Code is published in February 2007, these bodies must "act in accordance with" the provisions of the Code. This is a significant change.

3.5 The new Code is much more prescriptive than earlier versions. For example, it sets out for the first time a list of unacceptable admission criteria. Given the more robust status of the new Code, schools are much less likely in the future to consider unacceptable criteria and this should mean fewer instances where the local authority will need to lodge an objection to the schools adjudicator.

Change in allocation procedures

3.6 One Code requirement will have a major effect on the management of admissions from 2008.

3.7 In Hampshire, for a number of years, school places have been allocated on the basis of a "first preference" system in which governors first consider those applications on behalf of pupils whose parents have listed their school as "first preference". Second and third preferences are only considered if there are still places available. This system has worked well since it is easy to understand and divides admission responsibilities between individual schools and the central county admissions team, thus reducing administrative costs. A small number of foundation and voluntary aided schools use the equal preference method described in paragraph 3.9.

3.8 Concern has been expressed recently both in Hampshire and nationwide, particularly by schools adjudicators, that a first preference system may restrict the exercise of parental preference. For example, where there are a number of particularly popular schools, parents may feel the need to "play safe" by giving as their first preference a school where they are more likely to obtain a place rather than their real first preference.

3.9 In an equal preference allocation system, all applications are treated equally without any initial reference to expressed priority. A parent may, therefore, express a preference for their genuine first preference in the knowledge that, if this fails, their second preference application will not be penalised and will be assessed solely on the basis of the published criteria along with all other applications, regardless of preference priority. If more than one school can offer a place, the highest preference place is awarded.

3.10 In September 2006 a programme of consultation with schools started in order to ascertain their views about a possible move to an equal preference system from September 2009 admissions. However, during the consultation period, the latest draft version of the School Admissions Code was issued (for implementation in relation to September 2008 admissions) which made it clear that any first preference allocation system was only acceptable if it was being implemented by all schools in an area where there were no schools selecting pupils by ability or aptitude. The final version of the Code omits this proviso. The County Council therefore has no option but to change to an equal preference system.

3.11 A change of system will have a significant impact on admissions procedures in Hampshire and will involve the total centralisation of all admission arrangements. The financial and staffing implications of this are already being addressed but there is very little time for the authority to set up the required new systems by September 2007 when applications for admission in September 2008 are invited.

Admission Forum

3.12 The Act gives Admission Forums the power to prepare and publish reports on matters connected with admissions to maintained schools in their area and the power to require their local authority and neighbouring authorities, as well as governing bodies, to provide the information requested. Forums have also now been given a new power to lodge an objection to the adjudicator in relation to any school's admission arrangements.

3.13 The Hampshire Admission Forum, set up in 1999, has worked very closely with the local authority on a wide range of admissions issues. It has given advice both on general admissions principles and on matters specifically related to individual schools. It has advised the local authority on the lodging of objections to the schools adjudicator and reviewed the results of statutory annual consultations on admission arrangements, making recommendations to the Executive Member for Education who approves admission arrangements on behalf of the County Council.

3.14 The Admission Forum is serviced by officers in the Children's Services Department; the Education Officer (Admissions) has fulfilled the statutory role of secretary. The Forum will need to consider carefully whether it wishes to use its powers to issue reports or lodge objections to the adjudicator. The Act makes clear that the local authority will be expected to cover Admission Forum expenses. Regulations will set out any exceptions to this. However, if the Forum does decide to make use of its enhanced powers and bearing in mind the very detailed and wide-ranging work that could be involved, the level of support which is currently available from the local authority will need careful review.

Boarding schools

3.15 For the first time, the Code looks in detail at admissions to boarding schools, setting out guidelines to be adopted by those schools accepting boarding pupils. There are boarding houses at two Winchester secondary schools: The Kings' School (30 boys) and The Westgate School (45 girls). Responsibility for the management of these boarding houses is delegated to the governing body. It is clear that the Code will require a detailed review of current admission procedures carried out jointly by the local authority and the respective governing bodies.

Code of Practice on relationships between LEAs and schools

3.16 A Code of Practice on relationships between local education authorities and schools was published in 1998. The essential philosophy behind this Code was to prevent local authorities interfering unnecessarily in the management of schools. However, subsequent experience has shown that this has sometimes prevented local authorities from intervening promptly when schools were causing concern. The importance now placed on the role of School Improvement Partners emphasises the change in government thinking in relation to relationships between local authorities and schools and this Code has now been withdrawn.

4 School travel and school meals

Travel

4.1 The Act places a general duty on local authorities in England to assess the school travel needs of their area and to promote sustainable modes of travel. Sustainable modes of travel are defined in the Act as "modes of travel which the authority consider may improve either or both of the following - (a) the physical well-being of those who use them; (b) the environmental well-being of the whole or a part of their area". The strategy must cover all pupils attending schools and further education colleges.

4.2 It is important to note the new duty to provide free transport for some of the most disadvantaged pupils to allow them to attend any of three suitable secondary schools closest to their home, where these schools are more than two miles, rather than the current three, and less than six miles away. Children aged 8-11 from deprived backgrounds will be entitled to free transport if they live more than two miles, rather than the current three, from their nearest or catchment school. Where a school is chosen on faith grounds, the upper mileage limit is 15 miles, provided the pupil qualifies under the deprivation criteria.

4.3 The current County Council policy is to provide transport to the catchment area school if, in the case of pupils over eight, it is more than three miles away and, for younger pupils, less than two. Transport is also provided to an alternative school, using the same criteria, if a first preference application for the catchment school is unsuccessful.

4.4 Entitlement to enhanced transport comes into force with effect from 2008 admissions which means that the mechanism for identifying such families and making them aware of their new flexibilities must be in place by September 2007 when the admissions round for 2008 begins. Work has already started on identifying families who might be eligible for this new benefit. However, because costs will be directly related to the extent to which families wish to take advantage of these new flexibilities and, equally important, the extent to which they are successful in obtaining a place for their child in a non-catchment area school, it is very difficult to determine in advance exactly what costs might be involved. The policy reflects the government's wish to ensure fair access to educational opportunity and ensuring that every child reaches his or her educational potential.

4.5 Pathfinder local authorities are given additional powers to pilot innovative approaches to home/school travel - to support school choice, reduce the distances pupils have to walk to school and to increase the proportion of pupils travelling by sustainable means. Officers are already working on proposals.

Food and drink

4.6 Nutritional standards are extended so that they cover all food and drink provided on the premises of maintained schools as well as school lunches. The linked regulations come into force in March 2007 and introduce new standards to increase pupils' access to healthier food/drink options and essential nutrients, and reduce the amount of sugar, salt and fat contained in foods and drinks provided local authorities and governing bodies.

4.7 At present, local authorities must charge for food and drink provided by them. In the future, they may provide food and drink free of charge, thus making it easier for authorities to provide breakfast, for example, where it is thought that this will benefit particular pupils or groups of pupils.

4.8 It is clear that this part of the Act will have significant policy and financial implications for the County Council and these are likely to be the subject of further reports in the future.

5 Discipline, behaviour and exclusion

5.1 This part of the Act consolidates in primary legislation many of the commitments set out in the white paper Higher standards, better education for all. The new provisions include the establishment of statutory powers to enforce school discipline and more specific measures relating to excluded pupils and parental responsibility for the behaviour of children.

5.2 The respective responsibilities of governing bodies and headteachers are clarified. Governors must ensure that their school pursues policies to promote good behaviour and are required to make and review a written statement of general principles to guide the headteacher in determining measures to promote good behaviour.

5.3 The Act specifically permits headteachers to regulate "the conduct of pupils at a time when they are not on the premises of the school and are not under the lawful control of charge of a member of the staff at the school". This is an issue often challenged by parents so this new provision is to be welcomed.

5.4 Similarly, the Act emphasises that "the detention of pupils outside school sessions is one of the measures that may be taken with a view to regulating the conduct of pupils". Members of staff may use reasonable force to prevent the committing of an offence, pupil misbehaviour or potential injury to people and property. The legal basis of confiscation of pupil property is also established.

5.5 The legislation gives local authorities increased powers in relation to parenting contracts where, for example, a pupil has caused significant disruption to the education of other pupils.

Excluded pupils

5.6 In relation to excluded pupils, the Act sets out additional responsibilities for parents, schools and local authorities. For example, where a pupil has been excluded from the school for a fixed period on disciplinary grounds, the school must make arrangements for the provision of suitable full time education. Local authorities must make similar provision for pupils who have been permanently excluded. Parents are responsible for the supervision of any excluded pupil for up to five days.

5.7 It is difficult at this stage to be clear about the precise implications of the legislation concerning exclusions because the draft regulations, which were originally to be published in November 2006, have yet to be received. It is already clear, however, from draft guidance, that the new duty to provide suitable full time education for excluded pupils from day six of the exclusion will have significant resource implications both for schools and the authority's provision for EOTAS (Education Other Than At School) Service which will now be required to provide substantially enhanced levels of support for excluded pupils. Particularly in rural areas, there will be additional transport costs if pupils are to be transported on a daily basis in order to access enhanced provision and at times which coincide with the main morning and evening transport timetable.

5.8 The Act gives additional powers to local authorities in relation to the placement of looked after pupils who have been excluded. Any dispute with a governing body will now be resolved by an adjudicator.

PART B

6 Education functions of local authorities

6.1 This section lists four important duties for local authorities, all of them additional to previous responsibilities set out in the 1996 Act:

· Duty to promote high standards and the fulfilment of every child's potential;

· Duties in relation to diversity and choice;

· Duty to consider parental representations in respect of the authority's duty to provide sufficient schools for its area (see paragraphs 2.22-2.25);

· Duty to identify children not receiving education.

School Improvement Partners (SIPs)

6.2 As part of the continuing quest for higher standards, the Act consolidates the role of School Improvement Partners (SIPs) "to provide advice to the governing body and headteacher of the school with a view to improving standards at the school". The SIP framework for secondary schools is already well established in Hampshire. All primary schools were allocated a SIP from January 2007. Special school SIPs will be in place in 2008.

Youth work

6.3 For young people between 13 and 19, local authorities must, so far as reasonably practical, ensure that there are available sufficient educational and recreational leisure-time activities and facilities which are sufficient for the improvement of their well-being, and sufficient facilities for such activities.

6.4 There are clear standards set out in the statutory guidance, which local authorities must meet. The guidance states that authorities will be expected to publish their own 'statement of ambition' along with a duty to publicise the opportunities available through 'comprehensive, accessible and accurate information'.

6.5 A detailed report will be prepared once officers have been able to assess the full implications of the Act.

7 Schools causing concern

7.1 This part of the Act sets out detailed procedures, some of them re-enactments of existing legislation, to be followed by local authorities when a school has been identified as causing concern, with particular reference to schools where pupil performance is unacceptably low, where there has been a serious breakdown in the management or governance of the school, or where the safety of the pupils or staff is threatened. The new measures should help to ensure that fewer schools become a cause for concern and that those which do get into difficulty are supported to recover more quickly.

7.2 The Report by the Education Select Committee in December 2003 recommended that Ministers and educationalists should distinguish clearly between low performance and under-performance. The new Act reflects this by defining performance in relation to standards which pupils might reasonably be expected to attain, previous standards and standards attained by pupils at comparable schools. This provision gives support to local authorities when tackling "coasting" schools whose performance may be masked by apparently above average results in national tests but which are not matched by "value added" performance.

7.3 The Act sets out clearly the legal procedure whereby local authorities may issue formal warning notices to schools, including a new power enabling them to direct the governing body to take steps such as collaborating with the governing body of another school, college or other named partner for the purpose of school improvement. The Act also empowers the local authority to appoint additional governors, take back the school's delegated budget and to establish an "Interim Executive Board" (IEB) to replace the governing body in a school causing concern. Some of these procedures have already been used successfully in Hampshire.

8 Curriculum and entitlements

8.1 The Act sets out a new entitlement for Key Stage 4 pupils (i.e. pupils in Years 10 and 11) to study science programmes leading to at least two GCSEs with the aim of ensuring that pupils are adequately prepared for physics, chemistry and biology AS and A Levels. This provision responds to an increasing concern amongst government, universities and employers that current Key Stage 4 science courses do not adequately prepare pupils for the study of separate sciences at the next stage.

8.2 In addition to the provisions concerning science, the Act also sets out a list of other "entitlement areas" to complement the three core subjects (Mathematics, English, Science) and three foundation subjects (Information and Communication Technology, Physical Education, Citizenship).

8.3 The Act also refers to the introduction of specialised diplomas, a new range of qualifications focused on 14 areas of applied study with qualifications available at three different levels. This substantial and major development was reported to Cabinet on 13 October 2006 as part of a paper entitled 14 - 19 Education in Hampshire.

9 Inspections

9.1 Much of this part of the Act is concerned with the role of the new Office for Standards in Education, Children's Services and Skills and the new post of Chief Inspector of Education and Children's Services and Skills.

9.2 Inspections and reviews of local authorities are also dealt with as part of this review of the inspectorate framework, as well as annual reviews which lead to the award of a performance rating.

10 Miscellaneous and General

10.1 Key provisions include the following:

1. The Chief Inspector is now given the power to investigate "qualifying complaints" in relation to schools.

2. The Secretary of State is given the power to repeal references in primary and secondary legislation to the terms "Local Education Authority" and "Children's Services Authority" to be replaced by references to a "Local Authority". This will provide helpful clarification. This paper refers throughout to local authorities.

11 Consultation

11.1 Within the limited time available, there has been consultation with governing bodies and the Admission Forum on some aspects of the Act.

12 Legal implications

12.1 The Act sets out significant changes in local authorities' and governors' responsibilities.

13 Financial implications

13.1 Potential financial implications of the Act are set out in the text of this report but it is too early to be able to provide detailed estimates of additional costs.

14 Personnel implications

14.1 The report indicates that staffing levels may have to be reviewed in order for the County Council to be able to carry out its statutory duties in relation to setting up competitions for new schools and responding to parental representations; new admissions procedures; additional support for excluded pupils; assessing pupils' entitlement to enhanced transport provision.

15 Impact assessment

15.1 Race and equality impact assessment has been considered in the development of this report and no adverse impact has been identified.

15.2 The provisions relating to excluded pupils and increased transport eligibility for pupils from disadvantaged families will enhance the educational opportunities for the pupils concerned.

16 Crime prevention issues

16.1 The requirement to provide excluded pupils with education from day six of their exclusion and the requirement for parents to closely supervise an excluded child for the first five days of an exclusion will reduce the amount of unsupervised time that such pupils will have.

17 Views of the Local County Councillor

N/A

Recommendations

1. That the Executive Member note the provisions of the 2006 Education and Inspections Act, particularly those which have implications for Hampshire;

2. That the Executive Member authorise the Director of Children's Services to respond to consultations linked with the implementation of the Act on behalf of the County Council, after consultation with the Executive Member;

3. That the Executive Member authorise the Director of Children's Services to work with headteachers in the development of a draft policy in relation to the development of Trust schools and Academies and the County Council's role in offering appropriate advice to schools.

4. That the County Council's response to the consultations be made available to Members on request.

Section 100 D - Local Government Act 1972 - background documents

The following documents discuss facts or matters on which this report, or an important part of it, is based and have been relied upon to a material extent in the preparation of this report.

NB: the list excludes

1. Published works

2. Documents which disclose exempt or confidential information as defined in the Act.

List documents here or type `none'.

None

A Short Guide to the Education and Inspections Act 2006

Produced by the Department for Education and Skills to inform the general reader about the provisions of the Education and Inspection Act 2006.

Overview

The Education and Inspections Act represents a major step forward in the Government's aim to ensure that all children in all schools get the education they need to enable them to fulfil their potential.

Trust schools

Schools work best when they tailor their curriculum to meet their pupils' needs and take responsibility for their own school improvement, working closely with other schools and external partners. The Act will empower schools by devolving as much decision-making to them as possible, while giving local authorities an enhanced strategic role as the champions of pupils and parents.

All schools will be able to become Trust schools by forming links with external partners. If the school chooses, those external partners will be able to appoint the majority of the governing body. We expect that many schools will acquire shared Trusts that can foster and deepen collaboration and help to deliver improved children's services and a new offer for 14-19-year-olds.

Acquiring a Trust will give schools access to the freedoms enjoyed by other foundation schools:

· owning their own assets;

· employing their own staff (subject to the School Teachers Pay and Conditions Document)

· setting their admission arrangements (subject to the law and a newly strengthened School Admissions Code).

Trusts will also be able to apply for additional flexibilities which can be used by all the schools with which they are associated.

There will be new safeguards around the acquisition of Trusts to ensure that they operate in the best interests of local children, contribute to raising standards at the school and promote community cohesion.

All schools, including Trust schools, will be given new duties to have regard to the views of parents and to the local Children and Young People's Plan. Where Trusts appoint the majority of governors, they will also have to set up a Parent Council.

Trust schools will be inspected by Ofsted in the same way as other publicly funded schools.

Local Authorities

Local authorities will take on a new strategic role, with duties to promote:

· choice;

· diversity;

· high standards;

· for the first time, the fulfillment of every child's educational potential.

They will respond to parental concerns about the quality of local schools and, in doing so, they will have new powers to intervene earlier where performance is poor.

The local authority, as the commissioner of school places, will be able to propose expansions to all categories of school, set the terms for school competitions and take all decisions relating to school organisation.

Fair Access

The Act places a duty on local authorities in England to promote fair access to educational opportunity and tightens the admissions framework to ensure this.

As well as reaffirming the ban on new selection by ability, the Act will:

· outlaw interviewing;

· create a new power for Admission Forums to produce an annual report and to refer objections to the Schools Adjudicator;

· make the Adjudicator's decisions binding for three years;

· strengthen the status of the School Admissions Code.

The new Code will prohibit oversubscription criteria that seek to select by stealth (such as the use of supplementary application forms) and provide clear guidelines on uniform and transport policies that might undermine a fair admission system and disadvantage children from poorer families.

Fair access will also be supported by:

· an extended duty on local authorities to provide free transport for the most disadvantaged families;

· a new duty to provide advice and assistance to parents in expressing a preference for a school for their child.

Behaviour

Behaviour has long been a major concern for school staff and parents alike. The Act will give effect to some of the key recommendations of the recent Steer report.

It will create, for the first time, a clear statutory right for school staff to discipline pupils, putting an end to the "You can't tell me what to do" culture.

t will extend the scope of parenting orders and contracts and will improve provision for excluded pupils, with parents taking responsibility for excluded pupils in the first five days of their exclusion.

Governing bodies and local authorities will be required to provide full-time alternative provision from the sixth day of an exclusion.

14-19 year-olds

The Act gives effect to the most important reforms of curriculum and qualifications since the introduction of the National Curriculum.

In the 14-19 White Paper, we set out our plans to transform opportunity for young people through changes to curriculum, qualifications and the organisation of education and training. This is to enable every young person to pursue a course of study that prepares them for success in life.

Central to this is the introduction of 14 new specialised Diplomas. The Act makes access to Diplomas an entitlement for every young person everywhere.

In order to deliver the entitlement to young people aged 14-16, schools will need to work with each other and with colleges and other providers. The Act also empowers them to enter into formal collaboration with Further Education colleges.

School Food

The Act will revolutionise the provision of school meals. It establishes the power to create tough new nutritional standards for food and drink served in maintained schools, to ensure that all children have access throughout the day to good quality food and drink.

Youth

The Act will give local authorities responsibility for making sure young people have a range of exciting and positive things to do in their spare time, as promised in the recent Youth Green Paper, Youth Matters.

This will increase their access to new opportunities and new experiences, and empower them to shape the services they receive.

Inspectorate Reform

Finally, the Act will merge several existing inspectorates to bring all learning issues within one body. It will cover the full range of services for children and young people, as well as for lifelong learning.

This will reduce the burden of inspection and associated bureaucracy and ensure that all inspection has a stronger focus on delivery and value for money.

Part by Part summary

Part 1 Education Functions of Local Authorities

The Schools White Paper set out a vision for a new local authority role, as champion of parents and pupils. Part 1 of the Act gives local authorities some new legal responsibilities as part of this new role.

Section 1 places a duty on local authorities to promote high standards and, for the first time, the fulfilment of every child's educational potential. It also places a duty on local authorities in England to promote fair access to educational opportunity.

Section 2 requires local authorities to promote choice and diversity when carrying out their strategic duties in relation to the provision of school places.

Section 3 gives parents more say in the provision of schools in their area, by requiring local authorities to respond to representations from parents who are not satisfied with the local provision of schools.

There are still too many children who are not receiving any formal education. Section 4 places a new duty on local authorities to make arrangements to identify children of compulsory school age missing education in their area.

Section 5 requires local authorities to appoint accredited School Improvement Partners for maintained schools. The School Improvement Partner will challenge and support the governing body and the headteacher, helping them to focus on priorities and targets for school improvement. This is a crucial step in raising standards and closing educational achievement gaps.

Section 6 places a duty on local authorities in England to promote the well-being of persons aged 13-19 (and up to age 25 for persons with learning difficulties) by securing access to educational and recreational leisure-time activities and facilities. This gives effect to the proposals contained in the Youth Green Paper, Youth Matters.

Part 2 Establishment, Discontinuance or Alteration of Schools

We are committed to a new strategic role for local authorities, and to offering all parents a real choice of a school that suits their children's strengths and interests. This part of the Act contains a range of school organisation provisions that take forward these objectives.

Sections 7 to 14 deal with the establishment of new schools. In its role as commissioner of local services, the local authority will consult on the specification for any new school (section 9), and invite promoters to bring forward proposals to set up the school (section 7).

Regulations will prescribe the areas that can be covered by specifications. Local authorities will have the opportunity for to set out their expectations for the community that the new school would serve, and to suggest the extended services that should be on offer. The successful proposal will be decided in a competition, judged by the local authority (unless the local authority itself has entered the competition).

Sections 7, 8 and 10 set out the criteria to allow a local authority to propose a new community or community special school. The best local authorities will be able to enter a community school into a competition without the consent of the Secretary of State. The worst local authorities will not be allowed to propose new community schools at all. The remaining authorities would be able to apply to the Secretary of State for consent.

Section 7 extends the existing competition provisions to primary and special schools. This will further develop the diversity of local provision available to parents. Only nurseries, 16-19 year-old provision and schools replacing existing independent schools will remain outside the competition process.

Part of the local authority's new strategic role is to plan local school provision, including making decisions about the establishment, alteration and closure of any maintained mainstream, special and nursery schools.

This means that the local authority will take over existing functions of the School Organisation Committee (abolished by section 29). In the light of this, sections 15, 16 and 17 introduce procedures for the closure of maintained schools.

Local authorities will also have extended powers (under section 19) to propose the enlargement of premises, the addition of SEN provision or the addition of a sixth form to any foundation, foundation special or voluntary school.

A key reform in the White Paper was the development of Trust schools. Section 18 enables every school to become a foundation school, acquire a foundation and allow that foundation to appoint a majority of governors. All of these changes can only be made where the governing body agrees (as ensured by Section 22) although local authorities may refer that decision to the Schools Adjudicator in some circumstances. Under the Act, the acquisition of a foundation, and the decision to allow that foundation to appoint a majority of governors, become prescribed alterations. This means that safeguards and the consultation process will be set out in regulations and guidance.

Although a relationship with a Trust is designed to be lasting, section 25 allows a school that has real dissatisfaction at the performance of its Trust to remove it. Regulations will prescribe the process, but it will be possible for a minority of governors to trigger a formal consideration of the Trust's future. If the governing body decides by a two-thirds majority to retain the Trust, there can be no new minority resolution for seven years.

Part 3 Further Provisions about Maintained Schools

Part 3 sets out a number of provisions relating to maintained schools including further safeguards around Trusts and changes to the admissions framework to ensure fair access.

Section 33 sets out a number of requirements that must be met by Trusts. They must be incorporated charitable bodies and they will have to advance education and, in doing so, promote community cohesion. Guidance will stipulate that Trusts must not be involved in activities that may be considered inappropriate for children and young people (such as tobacco, gambling, adult entertainment and alcohol). The reputation of Trusts' members and proposals must be in keeping with the charitable objects, and Trust members and proposed trustees should not be involved in activities which could bring the school into disrepute.

This section also enables local authorities to be a partner in a Trust. Finally, it gives the Secretary of State a reserve power to remove trustees (and appoint replacements), and provides for regulations to prevent unsuitable persons from becoming trustees.

To strengthen the voice of parents in Trust schools where the majority of governors are appointed by the Trust, section 34 sets out a duty for governing bodies to establish Parent Councils, in order to secure parental influence in the running of the school.

Section 35 amends the definition of capital expenditure for voluntary aided schools to reflect modern accounting practices.

Section 36 changes the assets regime around disposals for foundation and voluntary schools. It ensures that if a Trust school wishes to dispose of non-playing-field land that has been provided or enhanced at public expense, it must first inform the local authority. The local authority will be able to object or claim a share of the proceeds. Where agreement cannot be reached the Schools Adjudicator will play a mediation role.

Local authorities will also be able to make proposals to use any surplus land held by Trusts for other children's services. Any proceeds from disposals must be used for capital investment for the purpose of improving education. The existing rigorous restrictions on playing-field disposal will apply to all maintained schools. Assets will revert back to the local authority in the case of school closure (except where the Trust originally provided the land).

Section 37 amends some existing anomalies in the law on the staffing of schools with a religious character. It allows voluntary aided faith schools in England, when appointing support staff, to have regard to a person's faith where there is a genuine occupational requirement. This brings these schools into line with the EU Employment Anti-Discrimination Directive.

Section 38 places new duties on the governing bodies to promote community cohesion and the well-being of pupils at the school. They will be inspected by Ofsted on how effectively these duties are fulfilled. They must also have regard to the views of parents, and to the relevant Children and Young People's Plan, in their:

· conduct of the school;

· provision of extended services.

We are committed to a system of fair admissions that delivers for all pupils. Section 39 reaffirms the ban on new selection by ability.

Section 40 strengthens the legal status of the School Admissions Code so that admission authorities will have to "act in accordance" with it, rather than simply "have regard to" it. The Code will prohibit oversubscription criteria that seek to select by stealth (such as the use of supplementary application forms). It will also provide clear guidelines on uniform and transport policies that might undermine a fair admission system and disadvantage children from poorer families.

Section 41 widens the role of admissions forums and strengthens their powers and organisation, so that they can refer objections to the Adjudicator and can produce an annual report on fair access in their area.

Section 42 gives the local authority a duty to support parents to express a preference for a particular school. In this way it helps a broader range of parents to exercise their right to choose the most suitable school for their child and take advantage of the diversity of local provision.

Section 44 bans interviewing as part of any school's admission arrangements.

Section 45 gives religious organisations more influence over the admissions arrangements of schools of their own faith.

Sections 46 and 47 will prevent new and expanded schools, and schools that have had an objection against their admission arrangements upheld by the Schools Adjudicator or Secretary of State, from amending their admissions arrangements for three years. This is to allow the bedding-in of fair admission arrangements, in line with the Code, and to prevent schools reintroducing arrangements that have been ruled out.

Sections 48 to 52 widen local authority powers so that they can direct the admission of looked-after children to the most suitable school to meet their needs.

Section 53 closes a loophole that had allowed some schools to increase the amount of pre-existing partial selection by returning to the pre-1997 levels.

Section 54 makes it easier for schools to introduce banding and allows them to do so based on local or national ability ranges. This enables schools to achieve an all-ability intake.

The remainder of Part 3 contains further miscellaneous provisions relating to maintained schools.

Section 55 allows sixth-form pupils to withdraw themselves from collective worship.

Section 56 allows charges for specialist vocal tuition and for instrumental tuition in groups of any size. This removes an anomaly in the 1996 Education Act that prevented charging for these activities, and will mean that more children will have access to specialist tuition in music.

Section 57 makes minor amendments to the Secretary of State's role in maintained schools' delegated budgets, giving more power to local decision-makers.

Section 58 removes the outdated Code of Practice on local authority and school relations, to enable more decisive intervention and to take account of the introduction of School Improvement Partners (SIPs) through the New Relationship with Schools.

Part 4 Schools Causing Concern

Despite the sharp improvement in the number of good schools, too many children are still let down by teaching and learning that do not live up to the high standards that parents and children rightly expect and deserve. Part 4 contains a series of measures to toughen the regime for turning around underperforming and failing schools more quickly.

Section 60 re-enacts existing legislation with amendments so that local authorities can intervene earlier and more easily tackle underperforming schools by issuing them with a formal warning notice. Schools will be given a right to make representations to Ofsted against the issue of a notice.

Provisions within Schedule 7 require local authorities to act more quickly and decisively in relation to schools that have received an adverse Ofsted report.

Section 63 contains a new power which enables the local authority to require a weak school to collaborate with another school or to work with a partner on school improvement.

Sections 64 to 66 give the local authority powers (most are re-enactments of existing provisions with minor amendments) to intervene in schools causing concern.

Sections 67, 68 and 69 re-enact with minor amendments the Secretary of State's existing reserve powers of intervention in schools causing concern.

Section 72 requires local authorities to have regard to guidance in using their intervention powers under this Part of the Act.

Part 5 Curriculum and Entitlements

Part 5 of the Act gives effect to the most important reforms of curriculum and qualifications since the introduction of the National Curriculum. In the 14-19 Education and Skills White Paper, we set out our plans to transform opportunity for young people through changes to curriculum, qualifications and the organisation of education and training. This would enable every young person to pursue a course of study that would meet their needs and aspirations and prepare them for success in life.

Central to this is the introduction of 14 new specialised Diplomas, available to every 14-19-year-old, wherever they are in the country. This offers a route to success for young people who want to learn through practical experience.

The Diplomas are being designed by partnerships led by employers and higher education, so that they provide young people with the skills and knowledge needed to progress to employment and to further study at university. The Diplomas will be available at three levels (level 3 being equivalent to A level standard) so that young people can study at an appropriate level, knowing that succeeding will prepare them to progress to the next level.

Sections 74 and 75 put in place the powers to make access to Diplomas an entitlement for every young person everywhere. No school can be expected to deliver every Diploma on its own. So in order to deliver the entitlement to 14-16 year-olds, schools will need to work with each other, and with colleges and other providers, to make sure that between them they offer young people the full entitlement.

The Act gives local authorities the strategic lead for securing the entitlement for these young people, with the essential role of making sure that schools and colleges between them make the full range is made available in every area.

Through these provisions, the Act puts in place the essential foundations for achieving our ambition that at least 90% of young people continue to participate in education and training until at least the age of 17.

In doing so, the Act is crucial to ending once and for all the lack of opportunity in this country for those whose preference is for practical learning.

Part 6 School Travel and School Food

Section 77 reduces the impact of transport as a barrier to parents from low income groups exercising their choice of school. It improves and extends the offer of free transport that was first set out in the 1944 Education Act.

The Act will place a new duty on local authorities to provide free transport for some of the most disadvantaged pupils (those eligible for free school meals or whose parents are in receipt of the maximum level of Working Tax Credit) to attend any of three suitable secondary schools closest to their home, where these schools are more than two (and less than six) miles away

Alternatively, pupils may choose a school up to 15 miles away where this is the nearest suitable school preferred on grounds of religion or belief.

Section 76 gives local authorities a duty to prepare and publish a sustainable school travel strategy, leading to health and environmental benefits.

Sections 78, 79 and 80 will enable a small number of Pathfinder local authorities to develop school travel schemes to pilot innovative approaches to home-school travel. Pathfinder authorities will:

· put in place new travel arrangements to support school choice;

· reduce the distances pupils are expected to walk to school;

· increase the proportion of pupils travelling by sustainable means.

Pathfinders may also:

· trial transport arrangements that support the provision of a wider 14-19 offer and extended services;

· address problems faced in rural authorities, for example, by using Yellow Buses.

The Pathfinders will also test the efficacy of co-funding arrangements.

We are determined to transform the quality of school food: Section 86 covers our commitment to providing children with high-quality, nutritious food at school. Poor diet can be a real barrier to learning and the School Meals Review Panel report in October 2005 recommended new standards for school meals. It permits nutritional standards to be applied to all food and drink supplied on school premises.

Section 87 changes the existing "duty to charge" into a "power to charge". This will enable schools and local authorities to provide free meals, including breakfast, if they wish to do so.

Part 7 Behaviour, Discipline and Exclusion

Though Ofsted tells us that behaviour is good in most schools most of the time, we have made tackling bad behaviour a major priority, providing schools with unprecedented powers, training and resources. Part 7 of the Act takes this further and gives us the legislative framework we need, implementing and building on some of the key recommendations of the recent Steer Report.

Sections 88 and 89 require schools to have a behaviour policy.

Sections 90 and 91 provide a new statutory power to discipline, which will give all staff in lawful charge of pupils the power to discipline pupils for inappropriate behaviour or for not following instructions. This will provide greater clarity for schools, pupils and parents on the extent of school staff's power to discipline pupils, on and off school premises.

Section 93 re-enacts provisions around the use of force. Section 165 (in Part 9 of the Act) extends this to apply to Further Education institutions. Section 92 replaces existing provisions on detention with new powers giving schools greater scope and flexibility to employ this sanction. Section 94 provides a defence for school staff in confiscating inappropriate items.

Sections 97, 98 and 99 extend parenting contracts and orders so that they can be used more widely to ensure that parents take proper responsibility for their children's behaviour at school. We are bringing forward the availability of parenting contracts so that they can be used as an earlier intervention, well before the pupil has been excluded. We are enabling parenting orders to be used where the pupil has seriously misbehaved (regardless of whether or not they have been excluded). In addition, schools are being empowered to make their own applications for parenting orders.

Sections 103, 104 and 105 require parents to take responsibility for excluded pupils in their first five days of exclusion, whether fixed-term or permanent. They also provide for prosecution or penalty notices to be issued to parents where excluded pupils are found in a public place during school hours without reasonable excuse.

Governing bodies and ultimately local authorities will be required to provide alternative provision from the sixth day of their exclusion (sections 109 and 110). Section 111 makes reintegration interviews compulsory for pupils who have been excluded.

Part 8 The Office for Standards in Education, Children's Services and Skills

Part 8 of the Act provides for the enlargement of Ofsted to create a new single inspectorate for children and learners. Its full name will be the Office for Standards in Education, Children's Services and Skills, but it will still be known as Ofsted.

This is part of the Government's strategy for public service inspection. It seeks to refocus inspection on what is relevant to the people who use public services, the way they use them and outcomes they experience, and to reduce the amount of inspection activity and the burden it generates.

Chapter 1 of Part 8 creates a non-executive board to set the strategic direction and hold Her Majesty's Chief Inspector (HMCI) to account. It also sets out the general duties which will be placed on HMCI (based extensively on HMCI's current duties). It gives Ofsted and HMCI the overarching purpose of encouraging improvement, user-focus and efficient and effective use of resources, and places other statutory duties. It is important to note that HMCI will remain solely responsible for inspection judgements. Chapter 1 also transfers the Children's Rights Director from CSCI (Commission for Social Care Inspection) to Ofsted. Chapter 2 transfers to the new HMCI the functions of the existing HMCI. These include, for example, powers to inspect schools, child minding and nursery education.

Chapter 3 transfers to HMCI the existing Adult Learning Inspectorate inspection functions covering Further Education and training, together with the existing inspection functions of the existing HMCI, as currently contained in Part 3 of the Learning and Skills Act 2000. It also re-enacts the existing 14-19 Area Inspection provisions.

Under Chapter 4 CSCI's local authority inspection functions with regard to services for children is transferred to HMCI, and integrated with their existing local authority inspection functions.

Chapter 5 provides for the transfer of inspection of CAFCASS (Children and Family Court Advisory Service) functions in England from HMICA (Her Majesty's Inspectorate of Court Administration) to HMCI.

Chapter 6 contains further provisions relating to HMCI. It transfers new areas of responsibility to HMCI, such as the inspection of secure training centres and the registration of children's homes, residential family centres, fostering agencies, voluntary adoption agencies, and adoption-support agencies. It also contains general provisions for HMCI, including their interaction with other public sector inspectorates.

Chapter 7 contains transitional provisions facilitating the transfer of staff and property to Ofsted from existing inspectorates.

Part 9 Miscellaneous

This Part contains a number of miscellaneous policy provisions.

In order to ensure that the legitimate concerns of parents are given proper consideration, section 160 creates a new parental right of complaint to Ofsted when local complaints procedures have been exhausted. The Chief Inspector of Schools will be given a new power to gather additional information as part of following up a complaint.

Section 161 extends the existing Power to Innovate provisions, which allow schools to apply for legislation to be set aside or modified if they believe that it is inhibiting innovation that could raise standards. The existing provisions will be extended to give the same powers to Further Education colleges and to enable Trusts to apply for freedoms on behalf of all their schools.

Section 162 is a technical provision that will allow us to update references in legislation to "local education authorities" and "children services authorities", making clear that they are all the same (integrated) local authority.

Section 164 enables the collection of data on children who are not educated at school.

Section 166 provides an enabling power for maintained schools to collaborate formally with Further Education colleges, as they can already do with other maintained schools, and vice versa. It also allows for formal collaboration between Further Education colleges. This collaboration will be essential for the delivery of the new 14-19 entitlement set out earlier.

Section 167 extends the current requirement on schools to have regard to guidance on consultation with pupils, to cover pupils in nursery schools.

Sections 169-172 ensure that unsuitable people are prohibited from managing independent schools.

Section 173 requires governing bodies to appoint a Special Educational Needs Coordinator (SENCO) and allows for regulations which will stipulate particular requirements as to the qualifications or training of that person.

Section 176 extends the powers of the Learning and Skills Council (LSC) to provide support for under-16s.

Section 177 removes the requirement that university bodies seek the consent of the Secretary of State or National Assembly for Wales (as relevant) before imposing restrictive covenants on their tenants who wish to acquire the freehold, or extend the lease of land, under the Leasehold Reform Act 1967.

Part 10 General

This Part of the Act contains a number of technical and general provisions that are common to all Acts.

Section 178 gives Wales a framework power to make its own secondary legislation in a number of areas. The Framework powers are drafted to grant the National Assembly for Wales wide powers to determine the detail of how legislative provisions should be developed and implemented in Wales.

This approach implements the Government's policy (set out in the Better Governance for Wales White Paper) of delegating maximum discretion to the Assembly, to make its own provisions in subject areas where it already exercises legislative and executive functions. The Education and Inspections Act is the second Act to include framework powers.

The policy areas included in the proposed framework power are:

· school organisation;

· school admissions;

· the curriculum in maintained schools;

· attendance, discipline and exclusion;

· entitlement to education and training;

· services to encourage, support or assist young people with regards to education and training;

· travel of people receiving education and training;

· food and drink provided for children in education and childcare settings.

Section 188 sets out the timing for the legislation to come into force.

Education and Inspection Act 2006

Chart showing implementation dates for provisions mentioned in the accompanying report.