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Education and Inspections Bill

I can confirm that. I am aware that my hon. Friend has had discussions about children with special educational needs. We intend to deal with the matter in a separate tranche of measures, so I can give him the assurance that he seeks. Support provided by the schools commissioner and by local authorities may include consultancy advice to groups of parents wishing to set up a new school or to enter a competition, but I cannot accept the strictures of the Conservatives’ new clause 22, which could lead to a local authority having to expend considerable resources supporting proposals that would ultimately fail. Our guidance to local authorities in clause 3 sets out a much more proportionate approach for responding to parental demands about the provision of schools. On the important matter of safeguards, my predecessor said on Second Reading that there would be"““strong safeguards to ensure that all trusts operate in the best interest of children. All trusts will be charitable, and I will issue guidance to prevent the acquisition of inappropriate trusts.””" She added that"““perhaps the most important safeguard will be the common sense of parents and governing bodies. They will decide whether it is in a school’s interest to adopt a particular trust.””—[Official Report, 15 March 2006; Vol. 443, c. 1464-5.]" Draft guidance was sent to members of the Committee on 20 April and is available in the Library. First, all trusts must meet the legal requirements set out in the Bill; that is, they must be incorporated charities. Secondly, there must be adequate consultation. If a governing body has not consulted, or has not properly taken into account the representations received, the local authority may refer its decision to the schools adjudicator. Thirdly, proposals must set out evidence that the trust will contribute to raising standards at the school and will promote community cohesion. The local authority may refer the decision to the schools adjudicator if it believes that the trust will have a negative impact on standards. The ability of a local authority to refer proposals to the adjudicator is an important safeguard. We cannot therefore accept amendments Nos. 105 to 108, by which the Conservatives seek to remove that power to refer.