Section 2 – Grounds for intervention
7.This section sets out the eight grounds for intervention by a local authority or the Welsh Ministers in a maintained school.
8.The grounds for intervention set out in this section replace the grounds set out in section 15(2)(a) of the School Standards and Framework Act 1998 (‘the 1998 Act’), with amendments. In addition grounds 5 and 6 are based on the Welsh Ministers’ intervention powers in sections 497 and 496 respectively of the Education Act 1996 (governing body’s unreasonable action or failure to comply with a duty). Incorporating provisions of sections 496 and 497 of the Education Act 1996 here means that local authorities as well as the Welsh Ministers can intervene in the conduct of a maintained school on the basis of a governing body’s failure to comply with a duty or its unreasonable action. Grounds 5 and 6 also now include reference to a head teacher’s failure to comply with a duty or unreasonable action.