School Standards and Organisation (Wales) Act 2013

Intervention by the Welsh Ministers E+W

10 Warning notice E+W

(1) The Welsh Ministers may give a warning notice to the governing body of a maintained school if—

(a) they are satisfied that one or more of grounds 1 to 6 exist in relation to the school, and

(b) the local authority that maintains the school either—

(i) has not given a warning notice to the governing body under section 3 on one or more of those grounds, or

(ii) has given a warning notice, but in terms that are inadequate in the opinion of the Welsh Ministers.

(2) The Welsh Ministers must specify each of the following in the warning notice—

(a) the grounds for intervention;

(b) the reasons why they are satisfied that the grounds exist;

(c) the action they require the governing body to take in order to deal with the grounds for intervention;

(d) the period within which the action is to be taken by the governing body (“the compliance period”);

(e) the action they are minded to take if the governing body fails to take the required action.

(3) If the Welsh Ministers give a warning notice to the governing body of a school, they must at the same time as they give the warning notice to the governing body give a copy of the warning notice to—

(a) the local authority;

(b) the head teacher;

(c) if the school is a foundation or voluntary school—

(i) the person who appoints the foundation governors, and

(ii) if the school has a religious character, the appropriate religious body.

Modifications etc. (not altering text)

C1 Pt. 2 Ch. 1 power to modify conferred by 2011 nawm 7 s. 18(1)(a) (as substituted (20.2.2014) by School Standards and Organisation (Wales) Act 2013 (anaw 1), s. 100(4), Sch. 5 para. 13(3)(a); S.I. 2014/178, art. 2(f) (with art. 3))

C2 Pt. 2 Ch. 1 modified by 2002 c. 32, s. 34(7) (as amended) (20.2.2014) by School Standards and Organisation (Wales) Act 2013 (anaw 1), s. 100(4), Sch. 5 para. 6(2); S.I. 2014/178, art. 2(f) (with art. 3)

C3 Pt. 2 Ch. 1 excluded by 2010 c. 15, s. 87(4) (as inserted (20.2.2014) by School Standards and Organisation (Wales) Act 2013 (anaw 1), s. 100(4), Sch. 5 para. 11(3); S.I. 2014/178, art. 2(f) (with art. 3))

C4 Pt. 2 Ch. 1 modified by 1998 c. 30, s. 19(12) (as substituted (20.2.2014) by School Standards and Organisation (Wales) Act 2013 (anaw 1), s. 100(4), Sch. 5 para. 3; S.I. 2014/178, art. 2(f) (with art. 3))

C5 Pt. 2 Ch. 1 applied (with modifications) by 2010 c. 15, s. 87(3)(a) (as inserted (20.2.2014) by School Standards and Organisation (Wales) Act 2013 (anaw 1), s. 100(4), Sch. 5 para. 11(3); S.I. 2014/178, art. 2(f) (with art. 3))

C6 Pt. 2 Ch. 1 modified by 1988 c. 40, s. 219(3A) (as inserted (W.) (20.2.2014) by School Standards and Organisation (Wales) Act 2013 (anaw 1), s. 100(4), Sch. 5 para. 1(3); S.I. 2014/178, art. 2(f) (with art. 3))

Commencement Information

I1 S. 10 in force at 20.2.2014 by S.I. 2014/178, art. 2(a) (with art. 3)

11 Power of the Welsh Ministers to intervene E+W

(1) The Welsh Ministers have the power to intervene in the conduct of a maintained school under this Chapter if subsection (2), (3), (4) or (5) applies.

(2) This subsection applies if—

(a) the local authority has given a warning notice under section 3 to the governing body of the school,

(b) the governing body has failed to comply, or secure compliance, with the notice to the Welsh Ministers' satisfaction within the compliance period, and

(c) the Welsh Ministers are satisfied that the local authority has not taken, and is not likely to take, adequate action for the purposes of dealing with the grounds for intervention.

(3) This subsection applies if—

(a) the Welsh Ministers have given a warning notice under section 10 to the governing body of the school, and

(b) the governing body has failed to comply, or secure compliance, with the notice to the Welsh Ministers' satisfaction within the compliance period.

(4) This subsection applies if the Welsh Ministers are satisfied that one or more of grounds 1 to 6 exist in relation to the school and they have reason to believe that there is a related risk to the health or safety of any person that calls for urgent intervention under this Chapter.

(5) This subsection applies if—

(a) ground 7 (school requiring significant improvement) or ground 8 (school requiring special measures) exists in relation to the school, and

(b) a period of not less than 10 days has elapsed since the date on which the Chief Inspector gave notice to the Welsh Ministers under section 37(2) of the Education Act 2005, subject to subsection (6).

(6) The Welsh Ministers may, in relation to a particular school, determine that subsection (5) (b) has effect as if the reference to 10 days were to a shorter period specified in the determination.

(7) Where the Welsh Ministers have the power to intervene, they must keep the circumstances giving rise to the power under review.

(8) If the Welsh Ministers conclude that the grounds for intervention have been dealt with to their satisfaction or that exercise of their powers under this Chapter would not be appropriate for any other reason, they must notify the governing body and the local authority of their conclusion in writing.

(9) If the Welsh Ministers give notice under subsection (8) in relation to a foundation or voluntary school, they must at the same time, send a copy of the notice to—

(a) the person who appoints the foundation governors, and

(b) if the school has a religious character, the appropriate religious body.

(10) The Welsh Ministers' power to intervene continues in effect until they give notice under subsection (8).

(11) Where the Welsh Ministers have the power to intervene they are not limited to taking the action they said they were minded to take in a warning notice.

Commencement Information

I2 S. 11 in force at 20.2.2014 by S.I. 2014/178, art. 2(a) (with art. 3)

12 Power to require governing body to secure advice or collaborate E+W

(1) This section applies if the Welsh Ministers have the power to intervene in the conduct of a maintained school.

(2) The Welsh Ministers may, with a view to improving the performance of the school, direct the governing body of the school to do either or both of the following—

(a) enter into a contract or other arrangement with a specified person (who may be the governing body of another school) for the provision to the governing body of specified services of an advisory nature;

(b) exercise such of the powers under section 5(2) of the Education (Wales) Measure 2011 (powers to collaborate) as are specified in the direction, subject to provision made in regulations under section 6 of that Measure.

(3) Before giving a direction the Welsh Ministers must consult—

(a) the governing body of the school, and

(b) in the case of a foundation or voluntary school—

(i) the person who appoints the foundation governors, and

(ii) if the school has a religious character, the appropriate religious body.

(4) A direction under subsection (2)(a) may require the contract or other arrangement to contain specified terms and conditions.

Commencement Information

I3 S. 12 in force at 20.2.2014 by S.I. 2014/178, art. 2(a) (with art. 3)

13 Power of Welsh Ministers to appoint additional governors E+W

(1) This section applies if the Welsh Ministers have the power to intervene in the conduct of a maintained school.

(2) The Welsh Ministers may appoint as many additional governors to the governing body of the school as they think fit; and the instrument of government for the school has effect as if it provided for such appointments (despite anything in the regulations under section 19 of the Education Act 2002).

(3) The Welsh Ministers may nominate one of those governors to be the chair of the governing body in place of any person who has been elected as chair of that body.

(4) Before making any such appointment or nomination in relation to a voluntary aided school, the Welsh Ministers must consult—

(a) the person who appoints the foundation governors, and

(b) if the school has a religious character, the appropriate religious body.

(5) A governor appointed under this section is to hold office for a period determined by the Welsh Ministers.

(6) A governor nominated by the Welsh Ministers to be the chair of the governing body is to be the chair for a period determined by the Welsh Ministers.

(7) The Welsh Ministers may pay remuneration and allowances to governors appointed under this section.

(8) Where the Welsh Ministers have exercised their power under this section in relation to any school—

(a) the local authority may not suspend the governing body's right to a delegated budget under paragraph 1 of Schedule 15 to the School Standards and Framework Act 1998, and

(b) if the local authority has already exercised that power or its power under section 8, the Welsh Ministers may revoke the suspension.

(9) Where the Welsh Ministers have exercised their power under this section in relation to a voluntary aided school, nothing in regulations under section 19 of the Education Act 2002 is to be read as authorising the appointment of foundation governors for the purpose of outnumbering the other governors as augmented by those appointed by the Welsh Ministers under this section.

(10) The revocation of a suspension under subsection (8)(b)—

(a) must be notified to the local authority in writing, and

(b) takes effect from the date specified in that notification.

Commencement Information

I4 S. 13 in force at 20.2.2014 by S.I. 2014/178, art. 2(a) (with art. 3)

14 Power of Welsh Ministers to constitute governing body of interim executive members E+W

(1) This section applies if the Welsh Ministers have the power to intervene in the conduct of a maintained school.

(2) The Welsh Ministers may give the governing body of the school a notice in writing stating that, as from the date specified in the notice, the governing body is to be constituted in accordance with Schedule 1 (governing bodies consisting of interim executive members).

(3) Before giving a notice the Welsh Ministers must consult—

(a) the local authority that maintains the school,

(b) the governing body of the school, and

(c) in the case of a foundation or voluntary school—

(i) the person who appoints the foundation governors, and

(ii) if the school has a religious character, the appropriate religious body.

(4) The Welsh Ministers are not obliged to consult the persons mentioned in subsection (3)(b) and (c) if the local authority has consulted them about the constitution of a governing body under section 7 on the basis of a power to intervene brought to an end by effect of section 4(9)(b) or (c).

Commencement Information

I5 S. 14 in force at 20.2.2014 by S.I. 2014/178, art. 2(a) (with art. 3)

15 Power of Welsh Ministers to direct federation of schools E+W

(1) This section applies if the Welsh Ministers have the power to intervene in the conduct of a maintained school (“the school causing concern”).

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

(a) a local authority;

(b) a governing body of a maintained school;

(c) a governing body of a federation.

(3) 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.

(4) Before giving a direction under subsection (2), the Welsh Ministers must consult—

(a) the local authority,

(b) the governing bodies concerned, and

(c) in the case of a foundation or voluntary school—

(i) the person who appoints the foundation governors, and

(ii) if the school has a religious character, the appropriate religious body.

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

Commencement Information

I6 S. 15 in force at 20.2.2014 by S.I. 2014/178, art. 2(a) (with art. 3)

16 Power of Welsh Ministers to direct closure of school E+W

(1) This section applies if the Welsh Ministers have the power to intervene in the conduct of a maintained school on the basis of ground 8 (school requiring special measures).

(2) The Welsh Ministers may give a direction to the local authority requiring the school to be discontinued on a date specified in the direction.

(3) Before giving a direction under subsection (2), the Welsh Ministers must consult—

(a) the local authority that maintains the school,

(b) the governing body of the school,

(c) in the case of a foundation or voluntary school—

(i) the person who appoints the foundation governors, and

(ii) if the school has a religious character, the appropriate religious body, and

(d) any other persons the Welsh Ministers consider appropriate.

(4) On giving a direction to discontinue the school, the Welsh Ministers must also give notice in writing of the direction to the governing body of the school and its head teacher.

(5) Where the local authority is given a direction under subsection (2), it must discontinue the school in question on the date specified in the direction; and nothing in Part 3 applies to the discontinuance of the school under this section.

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

Commencement Information

I7 S. 16 in force at 20.2.2014 by S.I. 2014/178, art. 2(a) (with art. 3)

17 General power to give directions and take steps E+W

(1) This section applies if the Welsh Ministers have the power to intervene in the conduct of a maintained school.

(2) If the Welsh Ministers think it is appropriate for the purposes of dealing with the grounds for intervention, the Welsh Ministers may—

(a) give directions to the governing body or head teacher, or

(b) take any other steps.

Commencement Information

I8 S. 17 in force at 20.2.2014 by S.I. 2014/178, art. 2(a) (with art. 3)