The Education (Groups of Grant–maintained Schools) Regulations 1994

Explanatory Note

(This note is not part of the Regulations)

These Regulations, made primarily under section 127 of the Education Act 1993, lay down the procedure for schools maintained by local education authorities to become grant–maintained schools or grant–maintained special schools either in a new group or by joining an existing group. The Regulations also provide for existing grant–maintained schools to group together, for a grant–maintained school to join an existing group, and for groups to merge.

In the case of schools which are not yet grant–maintained, the procedure to be followed is analogous to that applicable to a school becoming grant–maintained on its own. In particular (except in the case of hospital special schools) separate ballots are required at all the participating schools, where a new group is being considered, or at the school which is considering becoming grant–maintained by joining a group. The procedure is initiated by resolution of the governing body of the school or schools concerned. The procedure cannot be initiated by a parental petition.

Where the ballots at all the participating schools are favourable the governing bodies are all under a duty to publish proposals. Where the ballots are favourable in the case of some of the schools the Regulations lay down a procedure enabling any of those schools to group together without a further parental ballot.

Two resolutions of the governing body (but not a parental ballot) are required in the case of schools (other than hospital special schools) which are already grant–maintained and who wish to form a group or join an existing group. Existing groups may also resolve to merge. In all these cases proposals require the approval of the Secretary of State.

The Regulations provide for incorporation of the governing bodies of groups and new groups and for transfer of property and staff.

Finally the Regulations provide for a school to leave a group. The procedure is initiated by parental petition and followed by parental ballot. If the ballot is in favour, the proposals require the approval of the Secretary of State.