§ Lords amendment: No. 11, in page 13, line 11, after ("notice") insert ("in writing")
§ Mr. ByersThe prime responsibility for improving a school that is failing must rest with the school. We will all have failed if we allow a school to drift into failure. It is far better for the school and the individual children concerned for intervention to be early and light before the school fails, rather than waiting until it is underperforming, needs special measures and intervention has to be heavy.
Amendments Nos. 11 and 13 would give the local education authority a responsibility to put in writing its view that a school was drifting towards failure. That power of intervention is important before a school needs to be put under special measures. Because of the importance of that approach, the amendments would ensure that the local education authority has to give notice of its concerns in writing, which is an appropriate course.
Amendments Nos. 14, 15, 16 and 17 to clause 16 put right an omission. They allow Church authorities to take action at voluntary-aided schools on the same footing as 436 local education authorities do at their schools. The Church authorities raised the matter, and we are pleased to meet their concern.
Amendment No. 18 was tabled in the other place to meet representations from the Church authorities about the appointment of additional governors to voluntary-aided schools when they enter into special measures. The Secretary of State has the power to appoint additional governors in those circumstances, but it is appropriate that he should consult relevant diocesan authorities, particularly about which individuals should be appointed to such a governing body. The Church authorities have welcomed the amendment.
§ Lords amendment agreed to.
§
Lords amendment: No. 12, in page 13, line 13, at end insert
("(whether or not the notice is combined with a notice under section 61(2A)(c)).")
§ Ms Estelle MorrisI beg to move, That this House doth agree with the Lords in the said amendment.
Mr. Deputy SpeakerWith this, it will be convenient to discuss Lords amendments Nos. 74 to 84, 129, 279 to 281, 375 and 397.
§ Ms MorrisThe major amendments in this group are our response to the publication of the report on truancy and school exclusions. That was much discussed in Committee, and we said that we might return to it. We have amended the Bill to give the Secretary of State a new power to require the governing bodies of maintained schools to set targets for reduction in unauthorised absence when their attendance levels are below average. All evidence shows that children who miss school—for short periods or long—are more likely to leave school without formal qualifications and without making the most of their abilities. They are most likely to become socially excluded in adult life as well as in childhood.
We have introduced new safeguards to ensure that schools cannot too readily exclude pupils. A balance is needed on exclusions. We are not taking away from schools the right to exclude, which is sometimes necessary, and which must be a decision for the head teacher and the governing body. However, we are determined to reduce exclusions and to ensure that schools do not use them as a weapon when other tools might be better.
The amendment would require head teachers and governors to have regard to guidance on exclusion. Previously, the guidance could be considered if heads and governors wished, but there was no legal requirement on them to have regard to it. We hope that that will bring coherence to reasons for exclusion. One explanation for the vastly different numbers of children excluded by different schools is the criteria in use.
There was strong support in the other place for a specific reference in the Bill to bullying. No one would disagree with our requiring schools, ourselves, local authorities, parents and communities to ensure that children are neither bullied nor bullies. We are happy to accept amendment No. 74, which requires head teachers to determine measures as part of a school's discipline policy to prevent all forms of bullying among pupils.
437 Amendments Nos. 75 and 76 make life easier for local authorities that want to invoke clauses 61, 60 and 70. The amendments will allow local authorities to use powers flexibly without having to serve different types of notices, as that would be confusing as well as unnecessarily bureaucratic.
Amendments Nos. 279, 280 and 281 make minor changes to the process for hearing parental appeals against permanent exclusion of their child. Amendments Nos. 78, 80 to 83, 129 and 375 are technical and deal with flaws in the Bill. I commend the amendments to the House.
§ Lords amendment agreed to.
§ Lords amendments Nos. 13 to 18 agreed to.