|
| |
|
(4) | For subsection (3) substitute— |
| |
“(3) | Subsections (1) and (2) of section 85 shall apply in relation to the code |
| |
as they apply in relation to a code under section 84 relating to Wales.” |
| |
(5) | In subsection (4), for “Secretary of State” substitute “Assembly”. |
| |
(6) | Omit subsections (5) and (6). |
| 5 |
(7) | In the heading, and in the italic heading immediately above it, after |
| |
“maintained schools” insert “in Wales”. |
| |
| |
Schools causing concern: England |
| |
| 10 |
51 | Meaning of “maintained school” and “eligible for intervention” |
| |
(1) | In this Part “maintained school” means any of the following schools in |
| |
| |
(a) | a community, foundation or voluntary school, |
| |
(b) | a community or foundation special school, or |
| 15 |
(c) | a maintained nursery school. |
| |
(2) | In this Part, references to a school being “eligible for intervention” are to be |
| |
| |
section 52 (warning notice by local education authority), |
| |
section 53 (school requiring significant improvement), and |
| 20 |
section 54 (school requiring special measures). |
| |
Schools that are eligible for intervention |
| |
52 | Warning notice by local education authority |
| |
(1) | A maintained school is by virtue of this section eligible for intervention if— |
| |
(a) | the local education authority have given the governing body a warning |
| 25 |
notice in accordance with subsection (2), |
| |
(b) | the period beginning with the day on which the warning notice is given |
| |
and ending with the fifteenth working day following that day (“the |
| |
initial period”) has expired, |
| |
(c) | either the governing body made no representations under subsection |
| 30 |
(7) to the Chief Inspector against the warning notice during the initial |
| |
period or the Chief Inspector has confirmed the warning notice under |
| |
| |
(d) | the governing body have failed to comply, or secure compliance, with |
| |
the notice to the authority’s satisfaction by the end of the compliance |
| 35 |
period (as defined by subsection (10)), and |
| |
(e) | the authority have given reasonable notice in writing to the governing |
| |
body that they propose to exercise their powers under any one or more |
| |
of sections 55 to 58 (whether or not the notice is combined with a notice |
| |
under section 62(2A)(c) of SSFA 1998). |
| 40 |
|
| |
|
| |
|
(2) | A local education authority may give a warning notice to the governing body |
| |
of a maintained school where the authority are satisfied— |
| |
(a) | that the standards of performance of pupils at the school are |
| |
unacceptably low, and are likely to remain so unless the authority |
| |
exercise their powers under this Part, or |
| 5 |
(b) | that there has been a serious breakdown in the way the school is |
| |
managed or governed which is prejudicing, or likely to prejudice, such |
| |
standards of performance, or |
| |
(c) | that the safety of pupils or staff of the school is threatened (whether by |
| |
a breakdown of discipline or otherwise). |
| 10 |
(3) | For the purposes of subsection (2)(a) the standards of performance of pupils at |
| |
a school are low if they are low by reference to any one or more of the |
| |
| |
(a) | the standards that the pupils might in all the circumstances reasonably |
| |
| 15 |
(b) | where relevant, the standards previously attained by them, or |
| |
(c) | the standards attained by pupils at comparable schools. |
| |
(4) | For the purposes of this section a “warning notice” is a notice in writing by the |
| |
local education authority setting out— |
| |
(a) | the matters on which the conclusion mentioned in subsection (2) is |
| 20 |
| |
(b) | the action which they require the governing body to take in order to |
| |
| |
(c) | the initial period applying under subsection (1)(b), and |
| |
(d) | the action which the local education authority are minded to take |
| 25 |
(under one or more of sections 55 to 58 or otherwise) if the governing |
| |
body fail to take the required action. |
| |
(5) | The warning notice must also inform the governing body of their right to make |
| |
representations under subsection (7) during the initial period. |
| |
(6) | The local education authority must, at the same time as giving the governing |
| 30 |
body the warning notice, give a copy of the notice to each of the following |
| |
| |
| |
(b) | the head teacher of the school, |
| |
(c) | in the case of a Church of England school or a Roman Catholic Church |
| 35 |
school, the appropriate diocesan authority, and |
| |
(d) | in the case of a foundation or voluntary school, the person who |
| |
appoints the foundation governors. |
| |
(7) | Before the end of the initial period, the governing body may make |
| |
representations in writing to the Chief Inspector against the warning notice, |
| 40 |
and must send a copy of any such representations to the local education |
| |
| |
(8) | The Chief Inspector must consider any representations made to him under |
| |
subsection (7) and may, if he thinks fit, confirm the warning notice. |
| |
(9) | The Chief Inspector must give notice in writing of his decision whether or not |
| 45 |
to confirm the warning notice to the local education authority, the governing |
| |
body and such other persons as the Secretary of State may require. |
| |
|
| |
|
| |
|
| |
“the compliance period”, in relation to a warning notice, means— |
| |
(a) | in a case where the governing body does not make |
| |
representations under subsection (7), the initial period |
| |
mentioned in subsection (1)(b), and |
| 5 |
(b) | in a case where the Chief Inspector confirms the warning notice |
| |
under subsection (8), the period beginning with the day on |
| |
which he does so and ending with the fifteenth working day |
| |
| |
“working day” means a day other than a Saturday, a Sunday, Christmas |
| 10 |
Day, Good Friday or a day which is a bank holiday under the Banking |
| |
and Financial Dealings Act 1971 (c. 80) in England. |
| |
53 | School requiring significant improvement |
| |
(1) | A maintained school is by virtue of this section eligible for intervention if— |
| |
(a) | following an inspection of the school under Chapter 1 of Part 1 of EA |
| 15 |
2005, the Chief Inspector has given notice under section 13(3)(a) of that |
| |
Act in a case falling within section 13(1)(b) of that Act (school requiring |
| |
significant improvement), and |
| |
(b) | where any subsequent inspection of the school has been made under |
| |
Chapter 1 of Part 1 of that Act, the notice has not been superseded by— |
| 20 |
(i) | the person making the subsequent inspection making a report |
| |
stating that in his opinion the school no longer requires |
| |
significant improvement, or |
| |
(ii) | the Chief Inspector giving the Secretary of State a notice under |
| |
section 13(3)(a) of that Act in a case falling within section |
| 25 |
13(1)(a) of that Act (school requiring special measures). |
| |
(2) | For the purposes of this section, a report of an inspection under section 119 of |
| |
this Act is to be treated as a report of an inspection under Chapter 1 of Part 1 of |
| |
| |
54 | School requiring special measures |
| 30 |
(1) | A maintained school is by virtue of this section eligible for intervention if— |
| |
(a) | following an inspection of the school under Chapter 1 of Part 1 of EA |
| |
2005, the Chief Inspector has given notice under section 13(3)(a) of that |
| |
Act in a case falling within section 13(1)(a) of that Act (school requiring |
| |
| 35 |
(b) | where any subsequent inspection of the school has been made under |
| |
Chapter 1 of Part 1 of that Act, the person making it did not state that |
| |
in his opinion special measures were not required to be taken in |
| |
| |
(2) | For the purposes of this section a report of an inspection under section 119 of |
| 40 |
this Act is to be treated as a report of an inspection under Chapter 1 of Part 1 of |
| |
| |
|
| |
|
| |
|
Intervention by local education authority |
| |
55 | Power of LEA to require governing body to enter into arrangements |
| |
(1) | If at any time a maintained school is eligible for intervention, then (subject to |
| |
subsection (3)) the local education authority may, with a view to improving the |
| |
performance of the school, give the governing body of the school a notice |
| 5 |
requiring the governing body— |
| |
(a) | to enter into a contract or other arrangement with a specified person |
| |
(who may be the governing body of another school) for the provision |
| |
to the governing body of specified services of an advisory nature, |
| |
(b) | to make specified arrangements authorised by section 26 of EA 2002 |
| 10 |
(collaboration between schools) with the governing body of such other |
| |
school as may be specified, |
| |
(c) | to make specified arrangements authorised by regulations under |
| |
section 155 of this Act (collaboration arrangements: maintained schools |
| |
and further education bodies) with a further education body within the |
| 15 |
meaning of that section, or |
| |
(d) | to take specified steps for the purpose of creating or joining a |
| |
federation, as defined by section 24(2) of EA 2002. |
| |
(2) | Before exercising the power conferred by subsection (1), the local education |
| |
| 20 |
(a) | the governing body of the school, |
| |
(b) | in the case of a foundation or voluntary school which is a Church of |
| |
England school or a Roman Catholic Church school, the appropriate |
| |
| |
(c) | in the case of any other foundation or voluntary school, the person or |
| 25 |
persons by whom the foundation governors are appointed. |
| |
(3) | Where the school is eligible for intervention by virtue of section 52 (school |
| |
subject to formal warning), the power conferred by subsection (1) is only |
| |
exercisable within the period of two months following the end of the |
| |
compliance period (as defined by section 52(10)). |
| 30 |
(4) | A notice under subsection (1)(a) may require the contract or other arrangement |
| |
to contain specified terms and conditions. |
| |
56 | Power of LEA etc. to appoint additional governors |
| |
(1) | If at any time a maintained school is eligible for intervention, then (subject to |
| |
subsection (2)) the local education authority may appoint such number of |
| 35 |
additional governors as they think fit. |
| |
(2) | Where the school is eligible for intervention by virtue of section 52 (school |
| |
subject to formal warning), the power conferred by subsection (1) is only |
| |
exercisable within the period of two months following the end of the |
| |
compliance period (as defined by section 52(10)). |
| 40 |
(3) | In relation to any appointment made by the local education authority by virtue |
| |
of subsection (1) to the governing body of a school, the instrument of |
| |
government for the school has effect as if (despite anything in regulations |
| |
under section 19 of EA 2002) it provided for the local education authority to |
| |
appoint such number of additional governors as they think fit. |
| 45 |
| |
|
| |
|
| |
|
(a) | a voluntary aided school other than one falling within section 53 or 54 |
| |
is eligible for intervention by virtue of section 52 (school subject to |
| |
| |
(b) | the local education authority have exercised their power to appoint |
| |
additional governors under subsection (1), |
| 5 |
| the appropriate appointing authority may appoint such number of additional |
| |
foundation governors as is equal to the number of additional governors |
| |
appointed by the authority. |
| |
(5) | Any additional foundation governors appointed under subsection (4)— |
| |
(a) | shall cease to hold office at the time when the additional governors |
| 10 |
appointed by the authority cease to do so; and |
| |
(b) | shall not be eligible for re-appointment except where, and to the extent |
| |
that, those governors are re-appointed. |
| |
| |
(a) | a voluntary aided school is eligible for intervention by virtue of section |
| 15 |
53 (school requiring significant improvement) or section 54 (school |
| |
requiring special measures), |
| |
(b) | the Secretary of State has not exercised his power under section 59 |
| |
(power to appoint additional governors) in connection with the same |
| |
inspection falling within section 53(1)(a) or 54(1)(a), |
| 20 |
(c) | the Secretary of State has not exercised his power under section 60 |
| |
(power to direct closure of school), and |
| |
(d) | the appropriate appointing authority have received a notice in writing |
| |
from the Secretary of State informing them that he has received a notice |
| |
under section 13(3)(a) of EA 2005 from the Chief Inspector, |
| 25 |
| the appropriate appointing authority may appoint such number of additional |
| |
foundation governors as they think fit. |
| |
(7) | In the case of any appointment made by virtue of subsection (4) or (6) to the |
| |
governing body of a school, the instrument of government for the school has |
| |
effect as if (despite anything in regulations under section 19 of EA 2002) the |
| 30 |
instrument provided for the appropriate appointing authority to appoint such |
| |
number of additional foundation governors as they are authorised to appoint |
| |
under subsection (4) or (6) (as the case may be). |
| |
(8) | Subject to subsection (9), references in this section to the appropriate |
| |
appointing authority in relation to any voluntary aided school are references— |
| 35 |
(a) | to the appropriate diocesan authority, if it is a Church of England |
| |
school or a Roman Catholic Church school; or |
| |
(b) | in any other case, to the person or persons by whom the foundation |
| |
| |
(9) | Where, in the case of any voluntary aided school not falling within subsection |
| 40 |
(8)(a), there are different powers to appoint foundation governors, references |
| |
in this section to the appropriate appointing authority are references— |
| |
(a) | to all those persons who have any such power acting jointly, or |
| |
(b) | if they are unable to agree, to such of them acting jointly, or such one of |
| |
them, as the Secretary of State may, after consulting all those persons, |
| 45 |
| |
|
| |
|