Education and Inspections Act 2006


17Direction requiring discontinuance of community or foundation special schoolE+W

This section has no associated Explanatory Notes

(1)The Secretary of State may, if he considers it expedient to do so in the interests of the health, safety or welfare of pupils at a community or foundation special school in England, give a direction to the local education authority by whom the school is maintained requiring the school to be discontinued on a date specified in the direction.

(2)A direction under subsection (1) may require the local education authority to notify any persons or class of persons specified in the direction.

(3)Before giving a direction under subsection (1), the Secretary of State must consult—

(a)the local education authority,

(b)any other local education authority who would in his opinion be affected by the discontinuance of the school,

(c)in the case of a foundation special school which has a foundation, the person who appoints the foundation governors, and

(d)such other persons as the Secretary of State considers appropriate.

(4)On giving a direction under subsection (1), the Secretary of State must give notice in writing of the direction to the governing body of the school and its head teacher.

(5)Where a local education authority are given a direction under subsection (1), they must discontinue the school in question on the date specified in the direction; and nothing in section 15 or 28 applies to any such discontinuance of the school under this section.