School Standards and Organisation (Wales) Act 2013

11 Power of the Welsh Ministers to intervene

(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.