Member

199: Clause 57, page 122, line 21, at end insert— “(5A) The adjudicator may not issue a direction under this section requiring the governing body of a maintained school or the proprietor of an Academy to reduce the school’s published admission number unless satisfied that—(a) the direction is necessary and proportionate to secure the efficient and effective use of education provision within the local authority area, and(b) the school—(i) is not operating at or above its current published admission number, and(ii) has not, within the period of three years preceding the direction, been assessed by His Majesty’s Chief Inspector as providing education that is of a high quality.(5B) For the purposes of subsection (5A)(b)(ii), a school shall be regarded as providing education of a high quality where—(a) the most recent inspection carried out under section 5 or section 8 of the Education Act 2005 (duty to inspect schools) concludes that the quality of education at the school is effective or better, or(b) any equivalent finding is made under an inspection framework that succeeds that in force at the passing of this Act.(5C) Before issuing a direction under this section requiring a reduction in a school’s published admission number, the adjudicator must consider whether the objective could more appropriately be achieved by means of changes to the pattern of provision in the area, including (where appropriate) the amalgamation or closure of schools, in accordance with any applicable statutory and departmental guidance on school organisation.(5D) In exercising functions under this section, the adjudicator must have regard to—(a) the desirability of giving effect to parental preferences for schools, and(b) the need to avoid measures that would unduly restrict access to schools that are providing high-quality education or that are in strong demand from parents.”Member’s explanatory statement This amendment seeks to limit the circumstances in which the schools adjudicator may direct a maintained school or academy to reduce its published admission number and requires the adjudicator to consider alternative school organisation measures (including amalgamation or closure) before constraining the intake of popular or high quality schools.