Moved by
Baroness Barran
148: After Clause 57, insert the following new Clause—
“Education and childcare behaviour orders
(1) The Education and Skills Act 2008 is amended as set out in subsections (2) and (3).
(2) In section 96 (unregistered independent educational institutions: offence), at the end insert—
“(5) Schedule A1 makes provision enabling a court to make an education and childcare behaviour order where a person is convicted of an offence under this section.”
(3) Before Schedule 1 insert—
“Schedule A1
Education and childcare behaviour orders
Making an education and childcare behaviour order
1 (1) Where a person (the “defendant”) is convicted of an offence under section 96 (conducting an unregistered independent educational institution) after the coming into force of this Schedule, the prosecution may apply for an education and childcare behaviour order.
(2) On an application under sub-paragraph (1), the court may make an education and childcare behaviour order if it thinks it is appropriate to do so for the purpose of protecting children from the risk of harm arising from the defendant conducting an unregistered independent educational institution or otherwise providing children with education, childcare, instruction or supervision.
(3) An education and childcare behaviour order is an order which, for the purpose mentioned in sub-paragraph (2)—
(a) requires the defendant to do anything specified in the order, or
(b) prohibits the defendant from doing anything specified in the order.
(4) The court may make an education and childcare behaviour order in respect of the defendant only if it is made in addition to—
(a) a sentence imposed in respect of the offence under section 96, or
(b) an order discharging the offender conditionally.
(5) If, following an application by the prosecution for an education and childcare behaviour order, the court decides not to make such an order, it must state in open court its reasons for that decision.
Duration of education and childcare behaviour order
2 (1) An education and childcare behaviour order takes effect on the day on which it is made.
(2) An education and childcare behaviour order must specify the period for which it has effect, which must be a fixed period of at least six months and not more than three years.
(3) Where a court makes an education and childcare behaviour order in respect of a defendant who is already subject to such an order, the earlier order ceases to have effect.
Application for variation or discharge of education and childcare behaviour order
3 (1) The defendant may apply to the appropriate court for an order varying or discharging an education and childcare behaviour order.
(2) On an application under this paragraph, the court may by order vary or discharge the education and childcare behaviour order.
(3) A defendant may not make an application under this paragraph—
(a) before the end of the period of three months beginning with the day on which the order was made, or
(b) before the end of the period of three months beginning with the day on which any previous application under this paragraph was refused.
(4) In this paragraph, the “appropriate court” means—
(a) the court that made the order, or
(b) a magistrates’ court for the area in which the defendant lives.
Offence of breaching education and childcare behaviour order
4 (1) A person who breaches an education and childcare behaviour order is guilty of an offence.
(2) A person guilty of an offence under this paragraph is liable on summary conviction to imprisonment for a term not exceeding 51 weeks or to a fine (or to both).
(3) In relation to an offence committed before the commencement of section 281(5) of the Criminal Justice Act 2003, for “51 weeks” in sub-paragraph (2), substitute “six months”.
(4) Where a person is convicted of an offence under this paragraph, it is not open to the court by or before which the person is convicted to make, in respect of the offence, an order for conditional discharge.”
(4) In section 379 of the Sentencing Act 2020, in the table in subsection (1), after the entry for the Serious Crime Act 2007 insert—
| “Education
and Skills Act 2008 | ||
| Schedule
A1 |
education
and childcare behaviour
order |
offence
of conducting an unregistered independent education
institution”.” |
Member's explanatory statement
This amendment would enable a court, after having convicted a person of the offence of operating an unregistered independent educational institution, to make an order requiring or prohibiting certain behaviour by that person, if the court considers it appropriate in order to protect children from a risk of harm. Breach of an order would constitute a further criminal offence.