 The Education and Inspections Bill 2006 which has passed through Parliament had as its primary purpose the extension of government policy for schools in England to specialise and, thereby create greater diversity in school organisation. The emphasis is to create ‘Trust Schools’. This policy does not find favour with the Welsh Assembly Government. The predominant school organisation in Wales is based upon the community comprehensive and the Welsh Assembly Government, in taking account of the existing pattern of school provision in Wales, is committed to raise standards by improving outcomes for pupils in all schools.
The decisions from the Bill that apply to Wales have taken into account the framework powers included in the Government of Wales legislation. Clause 154 of the Bill makes provision for the Welsh Assembly Government to make provision for a range of policies. These refer to the organisation and categorisation of schools, admissions, curriculum provision for 14 -19, school attendance, discipline and exclusion, school transport policy and regulations for food and drink provided in schools.
The key points from the Bill that should be noted are:
Part 1
Education Functions of Local Authorities
Clauses 1 & 4 apply to England and Wales. They re-enact the duty to promote high standards and to promote the fulfilment by every child of his or her educational potential. A duty is also placed upon Local Authorities to identify children who are not registered at a school and are not receiving suitable education elsewhere. The Assembly Government has begun to address this with the Education (Pupil Referral Units) (Application of Enactments) (Wales) Regulations 2006 which is expected to come into force by March 2007.
Part 3
Further Provision about Maintained Schools
Clause 35 places a duty upon school governing bodies to have regard to Children and Young Persons’ Plans or other plans published by Local Authorities with regard to children. The Assembly Government has produced the Children and Young People’s Plan (Wales) Regulations 2006 which is targeted to come into force on January 1st 2007. This introduces the power for the Assembly to require a Local Authority or Children’s Service Authority in Wales to prepare and publish a plan setting out its strategy for discharging its functions in relation to children and relevant young people. In Wales parents have an opportunity to make their views known through the Governors’ Report to Parents, whereas in England as this meeting is no longer required the clause which says Local Authorities must have regard to parents’ views applies to England only.
Clauses 36, 37, 40 and 42 concern school admissions and will apply to England and Wales but much of this has been drafted to apply to England and Wales mainly to avoid the legislative untidiness of these provisions being in one statute and another for Wales. By virtue of the framework power in Clause 154 the Bill Welsh Assembly Government will be able to review and repeal the provision for admissions. Already the Welsh Assembly Government has passed:
- The Education (Determination of Admission Arrangements) (Wales) Regulations 2006.
- The Education (Objections to Admission Arrangements) (Wales) Regulations 2006.
- The Education (Variation of Admission Arrangements) (Wales) Regulations 2006.
- The New School (Admission) (Wales) Regulations 2006.
All come into force on February 1st 2006.
These are regulations that provide for school admissions that suit the needs of Wales. Clause 7 of the Bill will require admission authorities “to act in accordance with”, rather than “have regard to” the Codes of Practice.
The Codes for Wales are due for revision and presumably may well have this enhanced status when published.
Part 6
School Travel and School Food.
- School Travel applies to England only. The Welsh Assembly Government, by the framework powers in Clause 154, may wish to develop its own arrangements in the future.
Clause 73 will enable the Assembly to put in place standards for all food and drink served in schools, whilst currently powers apply to lunches only. Framework powers in Clause 154 will allow the Welsh Assembly Government to develop policy in this area. This has already begun with the consultation on the document Appetite for Life which is seeking views on the extent to which more nutritional standards should be introduced.
Part 7
Discipline, Behaviour and Exclusion
Clause 75-83 apply to England and Wales and they help to secure high standards of behaviour and discipline, provide a legislative safeguard for teachers and other staff who may have to use powers of restraint and improve the educational provision for excluded pupils. Clauses 84-86 are about parenting contracts and orders and will help ensure that parents take appropriate responsibility for the conduct of their children.
The Welsh Assembly Government has already passed in May the Education (Parenting Orders) (Wales) Regulations 2006 which prescribe the conditions to be met before a Local Authority may apply to a magistrate’s court for a parenting order under Section 20 of the Anti-Social Behaviour Act 2003.
Part 9
Miscellaneous
Clauses 146 and 149 apply to England and Wales and enabling power for maintained schools to innovate and collaborate formally with FE colleges which will be essential for the delivery of the 14 -19 curriculum.
The Welsh Assembly Government has a clear strategy policy for this area published in its Learning Pathways Guidance 14-19 in May 2006.
The General Clause 154, (already referred to in these notes) sets out the framework powers for the Welsh Assembly Government to make provision for Wales for a range of policy areas which will take place only following consultation with stakeholders.
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