Education and Inspections Act 2006

Education and Inspections Act 2006

2006 CHAPTER 40

Commentary

Part 3: Further Provisions about Maintained Schools

Section 48: Looked after children to whom section 87(2) of SSFA 1998 applies

228. This section amends section 95 of the 1998 Act and inserts a new section 95A in that Act.

229. Section 95(2) currently requires a local education authority to make arrangements allowing the governing body of a community or voluntary controlled school for whom the local education authority are the admission authority to appeal against a decision by the authority to admit to the school a child who has been permanently excluded from two or more schools. Subsection (1) amends section 95 so that this requirement will no longer apply in relation to a decision by a local education authority in England to admit a child who is looked after by a local authority in England. The reason for this amendment is that new section 95A makes provision for references in such cases to be made to the adjudicator.

230. Subsection (2) inserts new section 95A. This section requires local education authorities to notify the governing body of a community or voluntary controlled school that a decision has been made to admit a looked after child who has been permanently excluded from two or more schools. On receipt of the notification, the governing body has seven days to refer the matter to the adjudicator. Such a reference can only be made where the admission of the child would cause serious prejudice to the provision of efficient education or the efficient use of resources. If the adjudicator agrees that serious prejudice would be caused, the decision to admit the child to the school ceases to have effect but the adjudicator may, with the agreement of the local authority that looks after the child, determine that another school should admit the child. The adjudicator cannot name another school if the child has been permanently excluded from the school or if the admission of the child to the school would cause serious prejudice. The new section also confers power to make regulations as to the consultation which must be carried out by the adjudicator and the information which must be provided by the admission authority.