Clause 21
Education and Inspections Bill
1:15 pm
Nick Gibb (Shadow Minister (Schools), Education; Bognor Regis and Littlehampton, Conservative)
The amendment would delete subsection (4) of the clause, which allows for a diocesan board of education, a local Roman Catholic bishop or—for education for children aged 14 or over, the Learning and Skills Council—to appeal to the adjudicator against decisions taken by the governing body of a school or the local authority.
It is unclear why such a power of appeal to the adjudicator is needed, because a diocesan board is unlikely to want to appeal against decisions taken by the governing body of one of its own schools. It will have its own internal mechanisms for exercising control over Church of England schools, and the same will apply to a Catholic bishop’s control over Catholic schools. The subsection is about giving a voice to the bodies specified, who sat, among others, on the school organisation committees that clause 27 will abolish.
Paragraph 5.18 of the regulatory impact assessment makes that point when it states:
“Other members of School Organisation Committees may feel that their voice has been reduced, but regulations associated with the Bill will provide for them to be able to refer proposals to the Schools Adjudicator to decide in specified circumstances.”
It is unclear why the Church of England, the Catholic Church and the Learning and Skills Council are being given the right of appeal to the adjudicator merely because they are losing their voice on the school organisation committees. Many other bodies on those committees are losing their voice but do not get that right of appeal. Furthermore, the governing bodies of Church of England schools, Catholic schools and, indeed, all foundation and voluntary schools will get a right of appeal under clause 21(5) if the local authorities are making a decision in respect of them. I would be grateful if the Minister responded to those points and clarified the position.