The Schools Bill, (no apostrophe) foreshadowed in the Queen’s Speech, has now been published as a House of Lords Bill. This means that the legislation starts in the House of Lords before then progressing to the House of Commons rather than the other way around. This isn’t unusual when there is a heavy legislative schedule. For instance, the 2003 Licensing Act started life as House of Lords Bill Schools Bill [HL] (parliament.uk)

The government has issued a set of notes and policy explanations for each section of the Bill Schools Bill: policy statements – GOV.UK (www.gov.uk) Key sections are on Academies, funding and attendance. The Bill is very technical, and looks in its initial iteration to be sorting out some oversight issues to ensure a national education system with minimal democratic involvement, just like the NHS.

I especially like Clause 3

3 Academies: power to apply or disapply education legislation

(1) The Secretary of State may by regulations provide—

(a) for any relevant provision to apply to an Academy (or to a type or 5 description of Academy) as it applies in England to another educational institution, subject to any prescribed modifications;

(b) for any relevant provision which applies in England both to an Academy and to another educational institution not to apply to, or to apply subject to prescribed modifications to, an Academy (or to a type or description of Academy).

There are some exceptions listed, but this is the sort of sweeping power for the Secretary of State that used to worry parliamentarians.

Part Three of the Bill is about School Attendance, and will no doubt carry much of the discussion at the Second Reading next week. The argument revolves around child safeguarding and children’s rights to education versus the right of a parent to decide the education of their child or children. The Bill doesn’t go so far as to require schooling, but it does seek to tighten up knowing what choices parents have made for their children’s education. The establishment of a register may raise questions for the traveller community.  

Sadly, despite appearing in the past two White Papers, I cannot find anything in the Bill about the return on in-year admissions to local authorities. I hope someone may decide to put down an amendment to Section Three to include this provision, not least for the benefit of children taken into care requiring a new school, and those with an EHCP that move into an area with limited special school places.

Even if the government can argue that there are regulations to cover the change, it would still be better on the face of the Bill.

Following the decision on a National Funding Formula, I am not sure what role Schools Forums will play in the future, and whether headteachers will take them seriously anymore?

The Chief Inspector will now be able to ask a Magistrate for an entry warrant in certain circumstances. Along with the provisions for regulation of independent education establishments this continues the theme of protecting children, but some may see it as heavy-handed from a Conservative government. The debate next week will make for interesting reading in Hansard.