CLAUSE 29.—(Provisions as to Closing of Schools.) (Hansard, 16 July 1918)

Sir M. BARLOW
I beg to move, in Sub-section (1), to leave out the words "at least."
These words seem quite unnecessary, and appear to suggest something more than eighteen months, and I think that period ought to be sufficient. I do not think there is any difficulty in the matter.

§ Sir J. HARMOOD-BANNER
I beg to second the Amendment.

Mr. FISHER
I am willing to accept it.

Sir M. BARLOW
I beg to move, at the end of Sub-section (1), to add the words "or the Board of Education."
This Clause deals entirely with non-provided schools, and, unfortunately, there are cases where non-provided schools have sometimes to be closed. In such cases notice has to be given to the local education authority, because it has to make provision for an equivalent number of school places, and that provision is made by erecting a new school, which may either be another non-provided school or one pro- 944 vided by the local authority. The local authority has to see to it that when the school is closed another school is provided to take its place. I think it is perfectly reasonable that eighteen months' notice should be given. It sometimes happens that when notice has been given for one reason or another the authorities of that particular school, in spite of the fears which they had that they could not carry on the school or make the necessary alterations in the school buildings, find that they can satisfy the demands of the local authority or the Board of Education, or, in other words, they would like to withdraw the notice they had given that they cannot carry on the school.
When trustees or managers of a non-provided school have given this notice they must mot, at any rate if the local authority have made provision or in any way incurred expense, be allowed to withdraw their notice. Cases have come to my knowledge where a notice of this kind has been given of the intention to close the school and the local authority has done nothing in the matter, and afterwards the local managers have found themselves in a position eventually to comply with the requirements of the local authority or the Board of Education and carry on the school themselves. They have gone to the local authority and said, "It is true we were not going to carry on the school, but we now find that we can do so. You have not scheduled any land for a new school under your provisional order, and you have not done anything to burden the rates. Therefore, we would like you to allow us to withdraw our notice." The Clause as it stands says that the local authority shall have complete power to decide whether such a notice can be withdrawn or not. In the matter we shall be content to leave ourselves in the hands of the Board or the local authority, and if either of those authorities give their consent it should be within the power of the trustees and managers to resume their 945 schools if they find they can do so. I do not think this involves any question of principle, and it is a case where the Board might reasonably make provision for preventing an injustice or unreasonable conduct on the part of the local authority, and I hope the President will see his way to accept my proposal.

§ Sir J. HARMOOD-BANNER
I beg to second the Amendment.

Mr. FISHER
This is a very small matter. It is of very little concern to the Board except in so far as it might bring them into conflict with the local authority itself with what is, after all, a minor matter of administration, and eminently one for their discretion I submit that the local authority ought to decide whether the managers should be allowed to withdraw a notice or not, and it is somewhat cumbersome to bring the Board of Education in to decide so small a point. For these reasons I hope my hon. Friend will not press the Amendment.