Apprenticeships, Skills, Children and Learning Act 2009

212 Adverse findings notices

(1) This section applies where a governing body receives a statement prepared under section 211 which contains recommendations.

(2) The governing body must—

(a) consider the statement; and

(b) notify the Local Commissioner, within the notification period, of the action which the governing body has taken or proposes to take.

(3) The Local Commissioner may by notice require the governing body to arrange for an adverse findings notice to be published in accordance with subsections (4) and (5) if the Local Commissioner—

(a) does not receive the notification mentioned in subsection (2)(b) within the notification period or is satisfied before the end of that period that the governing body has decided to take no action;

(b) is not satisfied with the action which the governing body has taken or proposes to take; or

(c) does not within the period of one month beginning with the end of the notification period, or such longer period as the Local Commissioner may agree in writing, receive confirmation that the governing body has taken action, as proposed, to the satisfaction of the Commissioner.

(4) An adverse findings notice is a notice, in such form as the governing body and the Local Commissioner may agree, consisting of—

(a) details of any action recommended in the statement which the governing body has not taken;

(b) such supporting material as the Local Commissioner may require;

(c) if the governing body so requires, an explanation of the reasons for having taken no action, or for not having taken the action recommended in the statement.

(5) The adverse findings notice must be published by the governing body in such a way as the Local Commissioner may direct.

(6) If the governing body—

(a) fails to arrange for the publication of the adverse findings notice in accordance with subsections (4) and (5); or

(b) is unable, within the publication period, to agree with the Local Commissioner the form of the adverse findings notice to be published,

the Local Commissioner must arrange for an adverse findings notice to be published in such a way as the Local Commissioner considers appropriate.

(7) The governing body must reimburse the Local Commissioner on demand any reasonable expenses incurred by the Local Commissioner in performing the duty under subsection (6).

(8) In this section—

• “notification period” means—

  (a)

  the period of one month beginning with the date on which the governing body received the statement; or

  (b)

  such longer period as the Local Commissioner may agree in writing.

• “publication period” means—

  (a)

  the period of one month beginning with the date on which the governing body received the notice under subsection (3); or

  (b)

  such longer period as the Local Commissioner may agree in writing.