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School Standards and Organisation (Wales) Act 2013

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CHAPTER 1E+WINTERVENTION IN CONDUCT OF MAINTAINED SCHOOLS

Modifications etc. (not altering text)

C1Pt. 2 Ch. 1 power to modify conferred by 2011 nawm 7 s. 18(1)(a) (as substituted (20.2.2014) by School Standards and Organisation (Wales) Act 2013 (anaw 1), s. 100(4), Sch. 5 para. 13(3)(a); S.I. 2014/178, art. 2(f) (with art. 3))

C2Pt. 2 Ch. 1 modified by 2002 c. 32, s. 34(7) (as amended) (20.2.2014) by School Standards and Organisation (Wales) Act 2013 (anaw 1), s. 100(4), Sch. 5 para. 6(2); S.I. 2014/178, art. 2(f) (with art. 3)

C3Pt. 2 Ch. 1 excluded by 2010 c. 15, s. 87(4) (as inserted (20.2.2014) by School Standards and Organisation (Wales) Act 2013 (anaw 1), s. 100(4), Sch. 5 para. 11(3); S.I. 2014/178, art. 2(f) (with art. 3))

C4Pt. 2 Ch. 1 modified by 1998 c. 30, s. 19(12) (as substituted (20.2.2014) by School Standards and Organisation (Wales) Act 2013 (anaw 1), s. 100(4), Sch. 5 para. 3; S.I. 2014/178, art. 2(f) (with art. 3))

C5Pt. 2 Ch. 1 applied (with modifications) by 2010 c. 15, s. 87(3)(a) (as inserted (20.2.2014) by School Standards and Organisation (Wales) Act 2013 (anaw 1), s. 100(4), Sch. 5 para. 11(3); S.I. 2014/178, art. 2(f) (with art. 3))

C6Pt. 2 Ch. 1 modified by 1988 c. 40, s. 219(3A) (as inserted (W.) (20.2.2014) by School Standards and Organisation (Wales) Act 2013 (anaw 1), s. 100(4), Sch. 5 para. 1(3); S.I. 2014/178, art. 2(f) (with art. 3))

C7Pt. 2 Ch. 1 applied (with modifications) by 1998 c. 31, s. 89C(2)(a) (as substituted (20.2.2014) by School Standards and Organisation (Wales) Act 2013 (anaw 1), s. 100(4), Sch. 5 para. 4(5); S.I. 2014/178, art. 2(f) (with art. 3))

Grounds for interventionE+W

2Grounds for interventionE+W

For the purposes of this Chapter, the grounds for intervention in the conduct of a maintained school are as follows—

  • GROUND 1 -The standards of performance of pupils at the school are unacceptably low.

    For this purpose, the standards of performance of pupils are low if they are low by reference to any one or more of the following—

    (a)

    the standards that the pupils might in all the circumstances reasonably be expected to attain;

    (b)

    where relevant, the standards previously attained by them;

    (c)

    the standards attained by pupils at comparable schools.

  • GROUND 2 - There has been a breakdown in the way the school is managed or governed.

  • GROUND 3 - The behaviour of pupils at the school or any action taken by those pupils or their parents is severely prejudicing, or is likely to severely prejudice, the education of any pupils at the school.

  • GROUND 4 - The safety of pupils or staff of the school is threatened (whether by a breakdown of discipline or otherwise).

  • GROUND 5 - The governing body or head teacher has failed, or is likely to fail, to comply with a duty under the Education Acts.

  • GROUND 6 -The governing body or head teacher has acted, or is proposing to act, unreasonably in the exercise of any of its or his or her functions under the Education Acts.

  • GROUND 7 - Her Majesty's Chief Inspector of Education and Training in Wales (“the Chief Inspector”) has given a notice under section 37(2) of the Education Act 2005 that the school requires significant improvement and that notice has not been superseded by—

    (a)

    the Chief Inspector giving notice under that section that special measures are required to be taken in relation to the school, or

    (b)

    a person making a subsequent inspection making a report stating that in his or her opinion the school no longer requires significant improvement.

  • GROUND 8 - Her Majesty's Chief Inspector of Education and Training in Wales has given a notice under section 37(2) of the Education Act 2005 that special measures are required to be taken in relation to the school and that notice has not been superseded by a person making a subsequent inspection making a report stating that in his or her opinion the school no longer requires special measures.

Commencement Information

I1S. 2 in force at 20.2.2014 by S.I. 2014/178, art. 2(a) (with art. 3)

Intervention by a local authorityE+W

3Warning noticeE+W

(1)If a local authority is satisfied that one or more of grounds 1 to 6 exist in relation to one of its maintained schools, the authority may give a warning notice to the governing body of the school.

(2)The local authority must specify each of the following in the warning notice—

(a)the grounds for intervention;

(b)the reasons why the authority is satisfied that the grounds exist;

(c)the action the authority requires the governing body to take in order to deal with the grounds for intervention;

(d)the period within which the action is to be taken by the governing body (“the compliance period”);

(e)the action the authority is minded to take if the governing body fails to take the required action.

(3)If the local authority gives a warning notice to the governing body of a school, it must at the same time give a copy of the warning notice to—

(a)the head teacher;

(b)if the school is a foundation or voluntary school—

(i)the person who appoints the foundation governors, and

(ii)if the school has a religious character, the appropriate religious body;

(c)the Welsh Ministers.

Commencement Information

I2S. 3 in force at 20.2.2014 by S.I. 2014/178, art. 2(a) (with art. 3)

4Power to interveneE+W

(1)A local authority has the power to intervene in the conduct of one of its maintained schools under this Chapter if subsection (2), (3) or (4) applies.

(2)This subsection applies if—

(a)the local authority has given a warning notice under section 3 to the governing body of the school, and

(b)the governing body has failed to comply, or secure compliance, with the notice to the authority's satisfaction within the compliance period.

(3)This subsection applies if the local authority is satisfied that one or more of grounds 1 to 6 exist in relation to the school and it has reason to believe that there is a related risk to the health or safety of any person that calls for urgent intervention under this Chapter.

(4)This subsection applies if—

(a)ground 7 (school requiring significant improvement) or ground 8 (school requiring special measures) exists in relation to the school, and

(b)a period of not less than 10 days has elapsed since the date on which the Chief Inspector gave notice to the local authority under section 37(2) of the Education Act 2005, subject to subsection (5).

(5)The Welsh Ministers may, in relation to a particular school, determine that subsection (4) (b) has effect as if the reference to 10 days were to a shorter period specified in the determination.

(6)Where a local authority has the power to intervene, it must keep the circumstances giving rise to the power under review.

(7)If the authority concludes that the grounds for intervention have been dealt with to its satisfaction or that exercise of its powers under this Chapter would not be appropriate for any other reason, it must notify the governing body of its conclusion in writing.

(8)If a local authority gives notice under subsection (7), it must at the same time send a copy of the notice to—

(a)in the case of a foundation or voluntary school—

(i)the person who appoints the foundation governors, and

(ii)if the school has a religious character, the appropriate religious body, and

(b)the Welsh Ministers.

(9)A local authority's power to intervene continues in effect until one of the following events takes place—

(a)the authority gives notice under subsection (7);

(b)the Welsh Ministers determine that the power to intervene is no longer in effect and give notice in writing to the local authority and the governing body of their determination;

(c)the Welsh Ministers give a warning notice to the governing body of the school under section 10.

(10)A local authority which has the power to intervene is not limited to taking the action it said it was minded to take in a warning notice.

Commencement Information

I3S. 4 in force at 20.2.2014 by S.I. 2014/178, art. 2(a) (with art. 3)

5Power to require governing body to secure advice or collaborateE+W

(1)This section applies if a local authority has the power to intervene in the conduct of one of its maintained schools.

(2)The local authority may, with a view to improving the performance of the school, direct the governing body of the school to do either or both of the following—

(a)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)exercise such of the powers under section 5(2) of the Education (Wales) Measure 2011 (powers to collaborate) as are specified in the direction, subject to provision made in regulations under section 6 of that Measure.

(3)Before giving a direction the local authority must consult—

(a)the governing body of the school, and

(b)in the case of a foundation or voluntary school—

(i)the person who appoints the foundation governors, and

(ii)if the school has a religious character, the appropriate religious body.

(4)A direction under subsection (2)(a) may require the contract or other arrangement to contain specified terms and conditions.

Commencement Information

I4S. 5 in force at 20.2.2014 by S.I. 2014/178, art. 2(a) (with art. 3)

6Power to appoint additional governorsE+W

(1)This section applies if a local authority has the power to intervene in the conduct of one of its maintained schools.

(2)The local authority may appoint as many additional governors to the governing body of the school as it thinks fit; and the instrument of government for the school has effect as if it provided for such appointments (despite anything in regulations under section 19 of the Education Act 2002).

(3)The local authority may nominate one of those governors to be the chair of the governing body in place of any person who has been elected as chair of that body.

(4)Before making any such appointment or nomination in relation to a voluntary aided school, the local authority must consult—

(a)the person who appoints the foundation governors, and

(b)if the school has a religious character, the appropriate religious body.

(5)A governor appointed under this section is to hold office for a period determined by the local authority.

(6)A governor nominated by the local authority to be the chair of the governing body is to be the chair for a period determined by the local authority.

(7)The local authority may pay remuneration and allowances to governors appointed under this section.

Commencement Information

I5S. 6 in force at 20.2.2014 by S.I. 2014/178, art. 2(a) (with art. 3)

7Power of local authority to constitute governing body of interim executive membersE+W

(1)This section applies if a local authority has the power to intervene in the conduct of one of its maintained schools.

(2)The local authority may give the governing body of the school a notice in writing stating that, as from a date specified in the notice, the governing body is to be constituted in accordance with Schedule 1 (governing bodies consisting of interim executive members).

(3)Before giving a notice the local authority must—

(a)consult the governing body of the school,

(b)in the case of a foundation or voluntary school, consult—

(i)the person who appoints the foundation governors, and

(ii)if the school has a religious character, the appropriate religious body, and

(c)obtain the consent of the Welsh Ministers.

Commencement Information

I6S. 7 in force at 20.2.2014 by S.I. 2014/178, art. 2(a) (with art. 3)

8Power of local authority to suspend right to delegated budgetE+W

(1)This section applies if—

(a)a local authority has the power to intervene in the conduct of a maintained school, and

(b)the school has a delegated budget within the meaning of Part 2 of the School Standards and Framework Act 1998.

(2)The local authority may suspend the governing body's right to a delegated budget by giving the governing body notice of the suspension.

(3)The suspension of the right to a delegated budget takes effect on receipt of the notice by the governing body.

(4)If the local authority gives a notice suspending the right to a delegated budget, it must give a copy of the notice to the head teacher at the same time.

(5)A suspension imposed under this section has effect for the purposes of Chapter 4 of Part 2 of the School Standards and Framework Act 1998 (financing of maintained schools) as if made under paragraph 1 of Schedule 15 to that Act (suspension of financial delegation).

Commencement Information

I7S. 8 in force at 20.2.2014 by S.I. 2014/178, art. 2(a) (with art. 3)

9General power to give directions and take stepsE+W

(1)This section applies if the local authority has the power to intervene in the conduct of one of its maintained schools.

(2)If the local authority thinks it is appropriate for the purposes of dealing with the grounds for intervention, the authority may—

(a)give directions to the governing body or head teacher, or

(b)take any other steps.

Commencement Information

I8S. 9 in force at 20.2.2014 by S.I. 2014/178, art. 2(a) (with art. 3)

Intervention by the Welsh MinistersE+W

10Warning noticeE+W

(1)The Welsh Ministers may give a warning notice to the governing body of a maintained school if—

(a)they are satisfied that one or more of grounds 1 to 6 exist in relation to the school, and

(b)the local authority that maintains the school either—

(i)has not given a warning notice to the governing body under section 3 on one or more of those grounds, or

(ii)has given a warning notice, but in terms that are inadequate in the opinion of the Welsh Ministers.

(2)The Welsh Ministers must specify each of the following in the warning notice—

(a)the grounds for intervention;

(b)the reasons why they are satisfied that the grounds exist;

(c)the action they require the governing body to take in order to deal with the grounds for intervention;

(d)the period within which the action is to be taken by the governing body (“the compliance period”);

(e)the action they are minded to take if the governing body fails to take the required action.

(3)If the Welsh Ministers give a warning notice to the governing body of a school, they must at the same time as they give the warning notice to the governing body give a copy of the warning notice to—

(a)the local authority;

(b)the head teacher;

(c)if the school is a foundation or voluntary school—

(i)the person who appoints the foundation governors, and

(ii)if the school has a religious character, the appropriate religious body.

Commencement Information

I9S. 10 in force at 20.2.2014 by S.I. 2014/178, art. 2(a) (with art. 3)

11Power of the Welsh Ministers to interveneE+W

(1)The Welsh Ministers have the power to intervene in the conduct of a maintained school under this Chapter if subsection (2), (3), (4) or (5) applies.

(2)This subsection applies if—

(a)the local authority has given a warning notice under section 3 to the governing body of the school,

(b)the governing body has failed to comply, or secure compliance, with the notice to the Welsh Ministers' satisfaction within the compliance period, and

(c)the Welsh Ministers are satisfied that the local authority has not taken, and is not likely to take, adequate action for the purposes of dealing with the grounds for intervention.

(3)This subsection applies if—

(a)the Welsh Ministers have given a warning notice under section 10 to the governing body of the school, and

(b)the governing body has failed to comply, or secure compliance, with the notice to the Welsh Ministers' satisfaction within the compliance period.

(4)This subsection applies if the Welsh Ministers are satisfied that one or more of grounds 1 to 6 exist in relation to the school and they have reason to believe that there is a related risk to the health or safety of any person that calls for urgent intervention under this Chapter.

(5)This subsection applies if—

(a)ground 7 (school requiring significant improvement) or ground 8 (school requiring special measures) exists in relation to the school, and

(b)a period of not less than 10 days has elapsed since the date on which the Chief Inspector gave notice to the Welsh Ministers under section 37(2) of the Education Act 2005, subject to subsection (6).

(6)The Welsh Ministers may, in relation to a particular school, determine that subsection (5) (b) has effect as if the reference to 10 days were to a shorter period specified in the determination.

(7)Where the Welsh Ministers have the power to intervene, they must keep the circumstances giving rise to the power under review.

(8)If the Welsh Ministers conclude that the grounds for intervention have been dealt with to their satisfaction or that exercise of their powers under this Chapter would not be appropriate for any other reason, they must notify the governing body and the local authority of their conclusion in writing.

(9)If the Welsh Ministers give notice under subsection (8) in relation to a foundation or voluntary school, they must at the same time, send a copy of the notice to—

(a)the person who appoints the foundation governors, and

(b)if the school has a religious character, the appropriate religious body.

(10)The Welsh Ministers' power to intervene continues in effect until they give notice under subsection (8).

(11)Where the Welsh Ministers have the power to intervene they are not limited to taking the action they said they were minded to take in a warning notice.

Commencement Information

I10S. 11 in force at 20.2.2014 by S.I. 2014/178, art. 2(a) (with art. 3)

12Power to require governing body to secure advice or collaborateE+W

(1)This section applies if the Welsh Ministers have the power to intervene in the conduct of a maintained school.

(2)The Welsh Ministers may, with a view to improving the performance of the school, direct the governing body of the school to do either or both of the following—

(a)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)exercise such of the powers under section 5(2) of the Education (Wales) Measure 2011 (powers to collaborate) as are specified in the direction, subject to provision made in regulations under section 6 of that Measure.

(3)Before giving a direction the Welsh Ministers must consult—

(a)the governing body of the school, and

(b)in the case of a foundation or voluntary school—

(i)the person who appoints the foundation governors, and

(ii)if the school has a religious character, the appropriate religious body.

(4)A direction under subsection (2)(a) may require the contract or other arrangement to contain specified terms and conditions.

Commencement Information

I11S. 12 in force at 20.2.2014 by S.I. 2014/178, art. 2(a) (with art. 3)

13Power of Welsh Ministers to appoint additional governorsE+W

(1)This section applies if the Welsh Ministers have the power to intervene in the conduct of a maintained school.

(2)The Welsh Ministers may appoint as many additional governors to the governing body of the school as they think fit; and the instrument of government for the school has effect as if it provided for such appointments (despite anything in the regulations under section 19 of the Education Act 2002).

(3)The Welsh Ministers may nominate one of those governors to be the chair of the governing body in place of any person who has been elected as chair of that body.

(4)Before making any such appointment or nomination in relation to a voluntary aided school, the Welsh Ministers must consult—

(a)the person who appoints the foundation governors, and

(b)if the school has a religious character, the appropriate religious body.

(5)A governor appointed under this section is to hold office for a period determined by the Welsh Ministers.

(6)A governor nominated by the Welsh Ministers to be the chair of the governing body is to be the chair for a period determined by the Welsh Ministers.

(7)The Welsh Ministers may pay remuneration and allowances to governors appointed under this section.

(8)Where the Welsh Ministers have exercised their power under this section in relation to any school—

(a)the local authority may not suspend the governing body's right to a delegated budget under paragraph 1 of Schedule 15 to the School Standards and Framework Act 1998, and

(b)if the local authority has already exercised that power or its power under section 8, the Welsh Ministers may revoke the suspension.

(9)Where the Welsh Ministers have exercised their power under this section in relation to a voluntary aided school, nothing in regulations under section 19 of the Education Act 2002 is to be read as authorising the appointment of foundation governors for the purpose of outnumbering the other governors as augmented by those appointed by the Welsh Ministers under this section.

(10)The revocation of a suspension under subsection (8)(b)—

(a)must be notified to the local authority in writing, and

(b)takes effect from the date specified in that notification.

Commencement Information

I12S. 13 in force at 20.2.2014 by S.I. 2014/178, art. 2(a) (with art. 3)

14Power of Welsh Ministers to constitute governing body of interim executive membersE+W

(1)This section applies if the Welsh Ministers have the power to intervene in the conduct of a maintained school.

(2)The Welsh Ministers may give the governing body of the school a notice in writing stating that, as from the date specified in the notice, the governing body is to be constituted in accordance with Schedule 1 (governing bodies consisting of interim executive members).

(3)Before giving a notice the Welsh Ministers must consult—

(a)the local authority that maintains the school,

(b)the governing body of the school, and

(c)in the case of a foundation or voluntary school—

(i)the person who appoints the foundation governors, and

(ii)if the school has a religious character, the appropriate religious body.

(4)The Welsh Ministers are not obliged to consult the persons mentioned in subsection (3)(b) and (c) if the local authority has consulted them about the constitution of a governing body under section 7 on the basis of a power to intervene brought to an end by effect of section 4(9)(b) or (c).

Commencement Information

I13S. 14 in force at 20.2.2014 by S.I. 2014/178, art. 2(a) (with art. 3)

15Power of Welsh Ministers to direct federation of schoolsE+W

(1)This section applies if the Welsh Ministers have the power to intervene in the conduct of a maintained school (“the school causing concern”).

(2)The Welsh Ministers may direct any of the following persons to provide for one or more of the arrangements set out in subsection (3)—

(a)a local authority;

(b)a governing body of a maintained school;

(c)a governing body of a federation.

(3)The arrangements are—

(a)the federation of the school causing concern and one or more maintained schools;

(b)the federation of the school causing concern and an existing federation;

(c)the federation of the school causing concern and an existing federation and one or more maintained schools;

(d)where the school causing concern is part of a federation, the federation of that federation and one or more maintained schools;

(e)where the school causing concern is part of a federation, the federation of that federation and another existing federation;

(f)where the school causing concern is part of a federation, the federation of that federation and an existing federation and one or more maintained schools;

(g)where the school causing concern is part of a federation, for the school to leave that federation.

(4)Before giving a direction under subsection (2), the Welsh Ministers must consult—

(a)the local authority,

(b)the governing bodies concerned, and

(c)in the case of a foundation or voluntary school—

(i)the person who appoints the foundation governors, and

(ii)if the school has a religious character, the appropriate religious body.

(5)In this section “federation” has the meaning given by section 21(1) of the Education (Wales) Measure 2011.

Commencement Information

I14S. 15 in force at 20.2.2014 by S.I. 2014/178, art. 2(a) (with art. 3)

16Power of Welsh Ministers to direct closure of schoolE+W

(1)This section applies if the Welsh Ministers have the power to intervene in the conduct of a maintained school on the basis of ground 8 (school requiring special measures).

(2)The Welsh Ministers may give a direction to the local authority requiring the school to be discontinued on a date specified in the direction.

(3)Before giving a direction under subsection (2), the Welsh Ministers must consult—

(a)the local authority that maintains the school,

(b)the governing body of the school,

(c)in the case of a foundation or voluntary school—

(i)the person who appoints the foundation governors, and

(ii)if the school has a religious character, the appropriate religious body, and

(d)any other persons the Welsh Ministers consider appropriate.

(4)On giving a direction to discontinue the school, the Welsh Ministers must also give notice in writing of the direction to the governing body of the school and its head teacher.

(5)Where the local authority is given a direction under subsection (2), it must discontinue the school in question on the date specified in the direction; and nothing in Part 3 applies to the discontinuance of the school under this section.

(6)In this section any reference to the discontinuance of a maintained school is to the local authority ceasing to maintain it.

Commencement Information

I15S. 16 in force at 20.2.2014 by S.I. 2014/178, art. 2(a) (with art. 3)

17General power to give directions and take stepsE+W

(1)This section applies if the Welsh Ministers have the power to intervene in the conduct of a maintained school.

(2)If the Welsh Ministers think it is appropriate for the purposes of dealing with the grounds for intervention, the Welsh Ministers may—

(a)give directions to the governing body or head teacher, or

(b)take any other steps.

Commencement Information

I16S. 17 in force at 20.2.2014 by S.I. 2014/178, art. 2(a) (with art. 3)

SupplementaryE+W

18Governing bodies consisting of interim executive membersE+W

Schedule 1 (appointment of members of interim executive boards, the functions of boards, their procedures and related matters) has effect.

Commencement Information

I17S. 18 in force at 20.2.2014 by S.I. 2014/178, art. 2(a) (with art. 3)

19DirectionsE+W

(1)A governing body of a maintained school or a head teacher subject to a direction under this Chapter must comply with it.

(2)This includes a direction to exercise a power or duty that is contingent upon the opinion of the governing body or head teacher.

(3)A direction under this Chapter—

(a)must be in writing;

(b)may be varied or revoked by a later direction;

(c)is enforceable by mandatory order on application by, or on behalf of, the person who gave the direction.

Commencement Information

I18S. 19 in force at 20.2.2014 by S.I. 2014/178, art. 2(a) (with art. 3)

20GuidanceE+W

In exercising its functions under this Chapter, a local authority must have regard to guidance given by the Welsh Ministers.

Commencement Information

I19S. 20 in force at 20.2.2014 by S.I. 2014/178, art. 2(a) (with art. 3)

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