Education (Wales) Measure 2011

16 Federation of schools causing concern by direction of the Welsh Ministers

(1) The School Standards and Framework Act 1998 is amended as follows.

(2) In section 14(3), after paragraph (a) insert—

“(aa) the Welsh Ministers have exercised in relation to the school their powers under section 18B (power to direct federation of schools); or”.

(3) After section 18A insert—

“18B Power of Welsh Ministers to direct federation of schools

(1) A maintained school is a “school causing concern” for the purpose of this section if, at any time—

(a) section 15 applies to the school by virtue of subsection (4) or (6) of that section, or

(b) the Welsh Ministers are satisfied that—

(i) the standards of performance of pupils at the school are unacceptably low and are likely to remain so unless they exercise their powers under this section, or

(ii) that there has been a serious breakdown in the way the school is managed or governed which is prejudicing, or likely to prejudice, such standards of performance, or

(iii) that the safety of pupils or staff of the school is threatened (whether by a breakdown of discipline or otherwise), or

(iv) that the governing body has failed to comply with a provision of an order under section 122 of the Education Act 2002 (teachers' pay and conditions) that applies to a teacher at the school, or

(v) that the governing body has failed to secure that the head teacher of the school complies with such a provision.

(2) For the purposes of subsection (1)(b) the standards of performance of pupils at a school 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, or

(c) the standards attained by pupils at comparable schools.

(3) The Welsh Ministers may direct any one or more of the following persons, as appropriate, to provide for one or more of the arrangements set out in subsection (4)—

(a) a local authority;

(b) a governing body of a maintained school;

(c) a governing body of a federation.

(4) 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.

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

(a) the local authority,

(b) the governing bodies concerned,

(c) in the case of a Church in Wales school or a Roman Catholic Church school, the appropriate diocesan authority, and

(d) in the case of any other foundation or voluntary school, the person or persons by whom the foundation governors are appointed.

(6) A person subject to a direction under this section must comply with it.

(7) A direction under this section—

(a) must be in writing,

(b) must be published,

(c) may be varied or revoked by further direction, and

(d) is enforceable by mandatory order on application by the Welsh Ministers to the High Court.

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