Member

450: Clause 53, page 115, line 26, at end insert— “85ZB Managed moves and the Fair Access Protocol(1) Before the initiation of any managed move of a registered pupil from one maintained school or Academy to another, the pupil must be considered under the local authority’s Fair Access Protocol.(2) The consideration under subsection (1) must include consultation with—(a) the current school,(b) the proposed receiving school, and(c) the parent or carer of the pupil, and where appropriate, the pupil.(3) The local authority must keep and maintain a record of all managed moves occurring to, from, or within its area.(4) Where a managed move results in the registration of a pupil at a school within the area of a different local authority, the responsibility for monitoring the educational outcomes and welfare of the pupil following the move shall transfer to that receiving local authority upon the pupil's registration at the new school.(5) The duty imposed by subsection (1) above does not apply—(a) in circumstances where the child of compulsory school age is removed from the roll of one school and registered at another school solely as a consequence of the child's change of ordinary residence, provided that—(i) the change of residence is documented and verified, and(ii) arrangements for re-registration at a new school are underway or have been made within a reasonable period.(6) A record under subsection (3) must include—(a) the reasons for the move,(b) the schools involved,(c) whether the move was voluntary or directed, and(d) the outcome for the pupil.(7) Each local authority must submit an annual report to the Secretary of State containing a summary of managed moves conducted under this section. (8) The Secretary of State may issue guidance to local authorities and schools on the implementation of this section, to which they must have regard.(9) In this section—“managed moves” means a permanent change of the pupil’s school registration, where a move is not a result of—(a) a permanent exclusion under Section 51A of the Education Act 1996;(b) a transfer to a special school pursuant to Section 42 of the Children and Families Act 2014;(c) a change of registration due to school closure;(d) movement between educational phases;(e) change in school type as a consequence of the Academy Act 2010.“school” has the same meaning as in Part 4 of the Education Act 1996.”