Education and Inspections Act 2006

68 Power of Secretary of State to direct closure of school

(1) If at any time a maintained school is eligible for intervention by virtue of section 62 (school requiring special measures), the Secretary of State may give a direction to the local education authority requiring the school to be discontinued on a date specified in the direction.

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

(a) the local education authority and the governing body of the school,

(b) in the case of a foundation or voluntary school which is a Church of England school or a Roman Catholic Church school, the appropriate diocesan authority,

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

(d) in the case of a school which provides education suitable to the requirements of persons over compulsory school age, the Learning and Skills Council for England, and

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

(3) 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.

(4) Where the 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 sections 15 to 17 of this Act or in section 30 of SSFA 1998 applies to their discontinuance of the school under this section.

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