Children, Schools and Families Bill/Amendments to Section 176 of EA 2002

Background to this Amendment
This item from the select committee report Review of Elective Home Education (par 69) reads:

"Section 176(1) of the Education Act 2002. This requires local authorities to have regard to Government guidance about "consultation with pupils in connection with the taking of decisions affecting them". Despite the reference to `pupils', local authority functions in this respect are defined in the Act as including the provision of education otherwise than at school."

According to Hansard (discussion on clause 176 of the Education Act 2002 begins at number 1461):

http://hansard.millbanksystems.com/lords/2002/jun/26/education-bill-1

Baroness Ashton of Upholland "Amendment No. 124 ensures that we can pursue this approach. Amendment No. 138 is purely technical and ensures that certain definitions from the Education Act 1996 are read across to this amendment."

The Education Act 1996 (section 3) states that a ‘pupil’ is a person whose education is being provided at school. Section 19, “Exceptional provision of education in pupil referral units or elsewhere”, uses the term “education. . . otherwise than at school”, but it’s clear that ‘otherwise’ refers to children who aren’t able to attend school -- they are ill, excluded, etc. In this case ‘education otherwise’, is referring to pupils for whom the local authority is the education provider, rather than to children being home educated.

This amendment is therefore a clarification of Section 176(1) to ensure that the local authority only has a function to consult with pupils if they are the education providers for those pupils.

EDUCATION ACT 2002 at present
Section 176 Consultation with pupils


 * (1) It shall be the duty—


 * (a) of a local education authority, in the exercise of any of their schools functions, and


 * (b) of the governing body of a maintained school, in the exercise of any function relating to the conduct of the school, to have regard to any guidance given from time to time by the Secretary of State (in relation to England) or the National Assembly for Wales (in relation to Wales) about consultation with pupils in connection with the taking of decisions affecting them.


 * (2) Any guidance under this section must provide for a pupil's views to be considered in the light of his age and understanding.


 * (3) In this section—
 * “maintained school” means a community, foundation or voluntary school or a community or foundation special school;


 * “pupil” does not include a child who is being provided with nursery education (whether at a school or elsewhere);


 * “schools functions”, in relation to a local education authority, means functions relating to—


 * (a) maintained schools,


 * (b) pupil referral units, or


 * (c) the provision of education for children of compulsory school age otherwise than at school.

AMENDMENT
To (3) (c) add "under Section 19, Education Act 1996"

EDUCATION ACT 2002 after amendment
Section 176 Consultation with pupils


 * (1) It shall be the duty—


 * (a) of a local education authority, in the exercise of any of their schools functions, and


 * (b) of the governing body of a maintained school, in the exercise of any function relating to the conduct of the school, to have regard to any guidance given from time to time by the Secretary of State (in relation to England) or the National Assembly for Wales (in relation to Wales) about consultation with pupils in connection with the taking of decisions affecting them.


 * (2) Any guidance under this section must provide for a pupil's views to be considered in the light of his age and understanding.


 * (3) In this section—


 * “maintained school” means a community, foundation or voluntary school or a community or foundation special school;


 * “pupil” does not include a child who is being provided with nursery education (whether at a school or elsewhere);


 * “schools functions”, in relation to a local education authority, means functions relating to—


 * (a) maintained schools,


 * (b) pupil referral units, or


 * (c) the provision of education for children of compulsory school age otherwise than at school under Section 19, Education Act 1996.