Office of Public Sector Information
PART II continued CHAPTER VI continued
(3) A transfer of control agreement shall be taken to include the following terms, namely—
(a) that the governing body shall notify the controlling body of—
(i) any directions given to the governing body under section 150(2) (in the case of a controlled school) or section 152(3) (in the case of an aided or special agreement school); and
(ii) any determination made by the foundation governors under section 152(2) (in the case of a controlled school);
(b) that the controlling body, in exercising control of the use of any premises subject to the agreement—
(i) shall do so in accordance with any directions or determinations from time to time notified to that body in pursuance of paragraph (a); and
(ii) shall have regard to the desirability of the premises being made available for community use; and
(c) that, if reasonable notice is given in writing by the governing body to the controlling body that such of the premises subject to the agreement as may be specified in the notice are reasonably required for use by or in connection with the school at such times as may be so specified, then—
(i) the use of the specified premises at those times shall be under the control of the governing body, and
(ii) accordingly, those premises may be used at those times by or in connection with the school for such purposes as may be specified in the notice,
even though their use at those times would, apart from this paragraph, be under the control of the controlling body.
(4) Subsection (5) applies where a transfer of control agreement makes express provision for the use of any school premises which are subject to the agreement to be occasionally under the control of the governing body, instead of the controlling body, in such circumstances, at such times or for such purposes as may be provided by or under the agreement.
(5) In such a case paragraph (c) of subsection (3) shall not have effect in relation to the transfer of control agreement if, at the time of entering into it, the governing body were of the opinion that the express provision would be more favourable to the interests of the school than the term that would otherwise be included by virtue of that paragraph.
(6) Where the governing body enter into a transfer of control agreement, they shall so far as reasonably practicable secure that the controlling body exercises control in accordance with any such directions or determinations as are notified to that body in pursuance of subsection (3)(a).
(7) In this section—
“community use” means the use of school premises (when not required by or in connection with the school) by members of the local community;
“the controlling body” means the body or person (other than the governing body) which has control of the use of the whole or any part of the school premises under the transfer of control agreement in question;
“school hours” means any time during a school session or during a break between sessions on the same day;
“school session”, in relation to any school, means a school session beginning and ending at such times as may from time to time be determined for that school in accordance with sections 147 and 148; and
“transfer of control agreement” means an agreement which (subject to subsection (3) above) provides for the use of so much of the school premises as may be specified in the agreement to be under the control, at such times as may be so specified, of such body or person as may be so specified.
(8) Section 150(3) applies for the purposes of this section.
(1) The governing body may determine the use to which the premises of a controlled school (or any part of them) are put on Saturdays when not required—
(a) for the purposes of the school, or
(b) for any purpose connected with education or with the welfare of the young for which the local education authority desire to provide accommodation on the premises (or on the part in question).
(2) The foundation governors may determine the use to which the premises of a controlled school (or any part of them) are put on Sundays.
(3) If the local education authority—
(a) desire to provide accommodation for any purpose connected with education or with the welfare of the young, and
(b) are satisfied that there is no suitable alternative accommodation in their area for that purpose,
they may direct the governing body of an aided or special agreement school to provide accommodation free of charge for that purpose on the school premises (or any part of them) on any weekday when not needed for the purposes of the school.
(4) The local education authority shall not exercise their power under subsection (3) so as to direct the governing body to provide accommodation on more than three days in any week.
(5) Section 150(3) applies for the purposes of this section.
The articles of government for a county, voluntary or maintained special school shall enable the governing body to require pupils in attendance at the school to attend at any place outside the school premises for the purpose of receiving any instruction or training included in the secular curriculum for the school.
(1) The articles of government for a county, voluntary or maintained special school shall make provision for the matters set out in subsections (2) to (6).
(2) The standard of behaviour which is to be regarded as acceptable at the school shall be determined by the head teacher, so far as it is not determined by the governing body.
(3) The head teacher shall determine measures (which may include the making of rules and provision for enforcing them) to be taken with a view to—
(a) promoting, among pupils, self-discipline and proper regard for authority,
(b) encouraging good behaviour and respect for others on the part of pupils,
(c) securing that the standard of behaviour of pupils is acceptable, and
(d) otherwise regulating the conduct of pupils.
(4) The head teacher shall, in determining any such measures—
(a) act in accordance with any written statement of general principles provided for him by the governing body, and
(b) have regard to any guidance that they may offer in relation to particular matters.
(5) The head teacher shall make any such measures generally known within the school.
(6) The governing body and the head teacher shall, before any such measures are determined, consult the local education authority on any matter arising from the proposed measures which can reasonably be expected—
(a) to lead to increased expenditure by the authority, or
(b) to affect the responsibilities of the authority as an employer.
(1) The local education authority may, in the circumstances mentioned in subsection (3), take such steps in relation to a county, controlled or maintained special school as they consider are required to prevent the breakdown, or continuing breakdown, of discipline at the school.
(2) The governing body and the head teacher of an aided or a special agreement school shall, in the circumstances mentioned in subsection (3), consider any representations made to them by the local education authority.
(3) The circumstances are that—
(a) in the opinion of the authority—
(i) the behaviour of registered pupils at the school, or
(ii) any action taken by such pupils or their parents,
is such that the education of any registered pupils at the school is (or is likely in the immediate future to become) severely prejudiced; and
(b) the governing body have been informed in writing of the authority’s opinion.
(4) Steps taken by a local education authority under subsection (1) may include the giving of any direction to the governing body or head teacher.
(1) The articles of government for a county, voluntary or maintained special school shall provide for the power to exclude a pupil from the school (whether by suspension, expulsion or otherwise) to be exercisable only by the head teacher.
(2) The head teacher of any such school may not—
(a) so exercise the power to exclude a pupil from the school for one or more fixed periods that the pupil is so excluded for more than 15 school days in any one term, or
(b) exclude a pupil from the school for an indefinite period;
but this subsection is without prejudice to the power to exclude a pupil from the school permanently.
(3) Subsection (2) has effect, in the case of a school having articles of government, despite anything in the articles.
(1) The head teacher of a county, voluntary or maintained special school shall have the following duties in relation to the exclusion of pupils from the school.
(2) Where the head teacher excludes any pupil, the head teacher shall (without delay) take reasonable steps to inform the relevant person—
(a) of the period of the exclusion (or, if the pupil is being permanently excluded, that he is being so excluded); and
(b) of the reasons for the exclusion; and
(c) that the relevant person may make representations about the exclusion to the governing body and the local education authority.
(3) Where the head teacher excludes any pupil in circumstances in which the pupil would, as a result of the exclusion—
(a) be excluded from the school for a total of more than five school days in any one term, or
(b) lose an opportunity to take any public examination,
the head teacher shall (without delay) inform the local education authority and the governing body of the period of the exclusion (or, if the pupil is being permanently excluded, that he is being so excluded) and of the reasons for it.
(4) Where the head teacher decides that any exclusion of a pupil for a fixed period should be made permanent, he shall (without delay)—
(a) inform the local education authority and the governing body of his decision and of the reasons for it, and
(b) take reasonable steps to inform the relevant person—
(i) of his decision and of the reasons for it, and
(ii) that that person may make representations about the decision to the governing body and the local education authority.
(5) In this section “the relevant person” means—
(a) in relation to a pupil under the age of 18, a parent of his;
(b) in relation to a pupil who has attained that age, the pupil himself.
Schedule 15 has effect in relation to the reinstatement of pupils excluded from county, voluntary or maintained special schools.
(1) A local education authority shall make arrangements—
(a) for enabling the relevant person to appeal against any decision not to reinstate a registered pupil who has been permanently excluded from a county, controlled or special school maintained by the authority, and
(b) for enabling the governing body of the school to appeal against any direction for the reinstatement of any such pupil which has been given to the head teacher of the school by the authority.
(2) The governing body of an aided or a special agreement school shall make arrangements for enabling the relevant person to appeal against any decision not to reinstate a registered pupil who has been permanently excluded from the school.
(3) Joint arrangements may be made under subsection (2) by the governing bodies of two or more aided or special agreement schools maintained by the same local education authority.
(4) Schedule 16 has effect in relation to the making and hearing of appeals pursuant to arrangements made under subsection (1) or (2); and in subsections (5) and (6) “appeal committee” means an appeal committee constituted in accordance with Part I of Schedule 33 (school admission appeals), as it applies in accordance with paragraph 4 of Schedule 16.
(5) The decision of an appeal committee on an appeal pursuant to arrangements made under subsection (1) or (2) shall be binding on the persons concerned.
(6) Where on such an appeal the appeal committee determines that the pupil in question should be reinstated, the committee shall either direct that he is to be reinstated immediately or direct that he is to be reinstated by a date specified in the direction.
(7) In this section “the relevant person” means—
(a) in relation to a pupil who is under the age of 18, a parent of his;
(b) in relation to a pupil who has attained that age, the pupil himself.
(1) Where the articles of government for a county, voluntary or maintained special school provide—
(a) for the parents of an excluded pupil to have the right to appeal against his exclusion to a person specified by the articles, and
(b) for the procedure to be followed on such an appeal,
any decision on such an appeal that the pupil should be reinstated, or that he should be reinstated earlier than would otherwise be the case, shall be binding on the head teacher.
(2) In subsection (1) “excluded pupil” means a pupil who is excluded from the school in circumstances in which no right of appeal is given by virtue of section 159.
(1) The articles of government for a county, voluntary or maintained special school shall require the governing body to prepare once in every school year a report (referred to in this Chapter as “the governors' report”) containing—
(a) a summary of the steps taken by the governing body in the discharge of their functions during the period since their last governors' report, and
(b) such other information as the articles may require.
(2) Schedule 17 has effect in relation to governors' reports.
(3) The articles of government shall—
(a) enable the governing body to produce the governors' report in such language or languages (in addition to English) as they consider appropriate, and
(b) require them to produce it in such language or languages (in addition to English and any other language in which they propose to produce it) as the local education authority may direct.
(4) The articles of government shall require the governing body to take such steps as are reasonably practicable to secure—
(a) that the parents of all registered pupils at the school and all persons employed at the school are given (free of charge) a copy of the governors' report;
(b) that copies of the report are available for inspection (at all reasonable times and free of charge) at the school; and
(c) that, where (by virtue of section 162) there is an obligation on the governing body to hold an annual parents' meeting, copies of the report to be considered at that meeting are given to parents not less than two weeks before that meeting.
(1) Subject to section 163 (special schools in hospitals and boarding schools), the articles of government for a county, voluntary or maintained special school shall require the governing body to hold a meeting once in every school year (referred to in this Chapter as an “annual parents' meeting”) which is open to—
(a) all parents of registered pupils at the school;
(b) the head teacher; and
(c) such other persons as the governing body may invite.
(2) The purpose of the meeting shall be to provide an opportunity for discussion of—
(a) the governors' report; and
(b) the discharge by the governing body, the head teacher and the local education authority of their functions in relation to the school.
(3) Schedule 18 has effect in relation to annual parents' meetings.
(1) The articles of government for a maintained special school which is established in a hospital shall provide that, where the governing body are of the opinion that it would be impracticable to hold an annual parents' meeting in a particular school year, they may refrain from holding such a meeting in that year.
(2) Where, in the case of a county, voluntary school or maintained special school (other than a special school established in a hospital), the proportion of registered pupils at the school who are boarders is, or is likely to be, at least 50 per cent., the articles of government for the school shall provide that, where—
(a) the governing body are of the opinion that it would be impracticable to hold an annual parents' meeting in a particular school year, and
(b) at least 50 per cent. of the registered pupils at the school are boarders at the time when they form that opinion,
they may refrain from holding such a meeting in that year.
(1) This section applies where two or more schools are grouped under section 89.
(2) In discharging their duty (by virtue of section 161) to prepare governors' reports, the governing body for the group shall prepare separate reports in relation to each of the schools within the group, except that if they decide to hold a joint annual parents' meeting under subsection (4) they may prepare a single report covering all the schools within the group.
(3) If the governing body prepare a single report covering all the schools within the group, they shall secure that any matters which they propose to report on and which are likely to be mainly of interest to the parents of registered pupils at a particular school within the group are treated separately in the report.
(4) In discharging their duty (by virtue of section 162) to hold an annual parents' meeting for any grouped school, the governing body may, if they think fit, hold a joint annual parents' meeting for all of the schools within the group.
(5) Where—
(a) a joint annual parents' meeting is held, and
(b) the governing body have prepared a separate governors' report in relation to each of the schools within the group,
the governing body shall, when discharging the duty imposed on them by virtue of section 161(4), attach to the report prepared in relation to a particular school within the group copies of the reports prepared for each of the other schools within it.
(6) Where at a joint annual parents' meeting the question is put on any proposed resolution which concerns one or more, but not all, of the schools within the group—
(a) only parents of registered pupils at the school or schools which the proposed resolution concerns may vote on the question; and
(b) the registered pupils at the other schools shall be disregarded for the purposes of any provision made by virtue of paragraph 2 of Schedule 18 (resolution may be passed by simple majority where required number of parents of registered pupils present) as it applies in relation to the proposed resolution.
(7) Where at a joint annual parents' meeting there is any disagreement as to which schools within the group a proposed resolution concerns, the matter shall be decided by the chairman of the governing body.
(1) The articles of government for a county, voluntary or maintained special school shall provide—
(a) for the governing body to provide the local education authority with such reports in connection with the discharge of their functions as the authority may require (either on a regular basis or from time to time); and
(b) for the head teacher to provide the governing body or (as the case may be) the local education authority with such reports in connection with the discharge of his functions as the governing body or the authority may so require.
(2) The articles of government for an aided school shall provide—
(a) for the local education authority to notify the governing body of any requirement of a kind mentioned in subsection (1)(b) which is imposed by them on the head teacher; and
(b) for the head teacher to provide the governing body with a copy of any report which he makes in complying with such a requirement.
Schedule 19 has effect in relation to the conduct and staffing of new schools.
(1) Where a local education authority intend to cease to maintain—
(a) a county school,
(b) a voluntary school (except in accordance with section 173(7)), or
(c) a nursery school,
then (subject to subsection (6)) they shall publish proposals for that purpose in such manner as may be required by regulations and submit a copy of the published proposals to the Secretary of State.
(2) Proposals published under this section—
(a) shall include particulars of the time or times at which it is intended to implement the proposals; and
(b) shall be accompanied by a statement of the effect of section 168.
(3) Before formulating any such proposals in respect of a county or voluntary school, a local education authority shall consult the school’s governing body.
(4) Before publishing any proposals under this section the local education authority shall consult such persons as appear to them to be appropriate; and in discharging their duty under this subsection the authority shall have regard to any guidance given from time to time by the Secretary of State.
(5) Before publishing any proposals under subsection (1)(a) or (b) which (if implemented) would affect the facilities for full-time education suitable to the requirements of persons over compulsory school age who have not attained the age of 19, the local education authority shall consult the appropriate further education funding council.
(6) No proposals shall be published under this section in respect of a school in respect of which proposals for acquisition of grant-maintained status have been approved under section 194.
(1) Objections to any proposals published by a local education authority under section 167 may be submitted to the authority by any of the following—
(a) any ten or more local government electors for the authority’s area,
(b) the governing body of any school affected by the proposals,
(c) the appropriate further education funding council (if the proposals affect the provision of education to which section 2(1) of the [1992 c. 13.] Further and Higher Education Act 1992 applies), and
(d) any other local education authority concerned.
(2) Objections may be so submitted within the period of two months after the first publication of the proposals.
(3) Where—
(a) an order under section 27 applies to the area of a local education authority, and
(b) the authority publish proposals under section 167 which affect the provision of relevant education in that area,
the funding authority shall be included among the persons who may submit objections under subsection (1) to the proposals.
(4) Within one month after the end of the period mentioned in subsection (2), the local education authority by whom the proposals were published shall transmit to the Secretary of State copies of all objections made (and not withdrawn in writing) in that period, together with the authority’s observations on them.
(5) For the purposes of this section proposals under section 167 shall be taken to have been first published—
(a) on the day on which the requirements of regulations with respect to the publication of the proposals are satisfied; or
(b) where different such requirements are satisfied on different days, on the last of those days.
(6) Where any such requirement imposes a continuing obligation with respect to the publication of any proposals, the requirement shall for the purposes of subsection (5) be taken to be satisfied on the first day in respect of which it is satisfied.
(1) Proposals published by a local education authority under section 167 require the approval of the Secretary of State if subsection (2), (3) or (4) applies.
(2) This subsection applies if the proposals are for ceasing to maintain a voluntary school.
(3) This subsection applies if either—
(a) the Secretary of State, within the period of two months after the submission to him of the published proposals, gives notice to the authority that the proposals require his approval, or
(b) objections have been made under section 168 and any of them have not been withdrawn in writing within the period specified in section 168(2).
(4) This subsection applies if either—
(a) the proposals are first published after proposals for acquisition of grant-maintained status for the school have been published under section 193 but before those proposals are withdrawn or determined, or
(b) after the proposals have first been published but before they are withdrawn or determined, proposals for acquisition of grant-maintained status for the school are published under section 193;
and references in this subsection to proposals being first published shall be construed in accordance with section 168(5) and (6).
(5) Where any proposals require the approval of the Secretary of State under this section, he may (subject to subsection (6))—
(a) reject them,
(b) approve them without modification, or
(c) after consulting the local education authority, approve them with such modifications as he thinks desirable.
(6) In a case where subsection (4) applies, the Secretary of State—
(a) shall consider both sets of proposals together, but
(b) shall not determine the proposals published under section 167 until he has made his determination with respect to the proposals published under section 193,
and, if he approves the proposals published under section 193, he shall reject the proposals published under section 167.
(1) Where any proposals published by a local education authority under section 167 do not require the approval of the Secretary of State under section 169, the authority shall determine whether they should be implemented.
(2) The determination must be made not later than four months after the submission of the proposals to the Secretary of State under section 167.
(3) A local education authority shall notify the Secretary of State of any determination made by them under this section.
(1) Subject to subsection (2), a local education authority shall implement any proposals of theirs—
(a) which have been approved by the Secretary of State under section 169, or
(b) which they have determined under section 170 to implement.
(2) The Secretary of State may, at the request of a local education authority, modify any proposals which the authority are required to implement by virtue of this section.
(1) Subject to subsection (2), a local education authority shall not—
(a) cease to maintain a county school, a voluntary school (except in accordance with section 173(7)) or a nursery school, or
(b) undertake to do anything towards that end,
until the requirements of section 167 have been complied with and any approval necessary under section 169 has been given.
(2) The Secretary of State may in any case allow such steps to be taken pending compliance with any such requirements and the giving of any such approval as he considers reasonable in the circumstances.
(1) The governing body of a voluntary school shall not discontinue the school unless they have served on the Secretary of State and the local education authority at least two years' notice of their intention to do so.
(2) If expenditure has been incurred on the school premises (otherwise than in connection with repairs)—
(a) by the Secretary of State,
(b) by any local education authority, or
(c) by an authority which was a local education authority within the meaning of any enactment repealed by the [1944 c. 31.] Education Act 1944 or an earlier Act,
no notice may be served without leave of the Secretary of State.
(3) If the Secretary of State gives such leave, he may impose any requirements that he thinks just—
(a) in respect of the repayment of all or part of any expenditure so incurred by him;
(b) in respect of the conveyance to the local education authority of any premises used for the purposes of the school which he is satisfied the authority will need for any purpose connected with education;
(c) (where any premises are to be so conveyed) in respect of the payment by the authority of so much of the value of those premises as is just having regard to the extent to which the premises were provided otherwise than at the expense of the authority or of an authority within subsection (2)(c);
(d) (where any premises used for the purposes of the school are not to be so conveyed) in respect of the payment by the governing body to the authority of so much of the value of those premises as is just having regard to the extent to which they were provided at the expense of the authority or of an authority within subsection (2)(c).
(4) If discontinuing the school would affect the facilities for full-time education suitable to the requirements of persons over compulsory school age who have not attained the age of 19, the governing body shall, before serving notice under this section, consult the appropriate further education funding council.
(5) No notice may be served under this section in respect of any school in respect of which the procedure for acquisition of grant-maintained status is pending (within the meaning of Chapter III of Part III).
(6) A notice served under this section may not be withdrawn without the consent of the local education authority.
(7) Where a school is discontinued in accordance with this section, the duty of the local education authority to maintain it as a voluntary school shall cease.
(8) This section and section 174 have effect subject to section 175(2).
Education Act 1996