School Standards and Organisation (Wales) Act 2013

35 Duty to follow school improvement guidance

(1) A school authority must follow the course set out in school improvement guidance issued to it in accordance with this Chapter when exercising a power or duty (including a power or duty that is contingent upon the opinion of the school authority); but this is subject to the following provisions of this section.

(2) A school authority that is a local authority is not subject to the duty under subsection (1) so far as—

(a) the authority thinks there is good reason for it not to follow the guidance in particular categories of case or at all,

(b) it decides on an alternative policy for the exercise of its functions in respect of the subject matter of the guidance, and

(c) a policy statement issued by the authority in accordance with section 36 is in effect.

(3) A school authority that is the governing body of a maintained school or its head teacher is not subject to the duty under subsection (1) so far as—

(a) the governing body thinks there is good reason for it or the head teacher not to follow the guidance in particular categories of case or at all,

(b) the governing body decides on an alternative policy for the exercise of its, or the head teacher’s, functions in respect of the subject matter of the guidance, and

(c) a policy statement issued by the governing body in accordance with section 36 is in effect.

(4) Where subsection (2) or (3) applies in the case of a school authority, the authority—

(a) must follow the course set out in the policy statement, and

(b) is subject to the duty under subsection (1) only so far as the subject matter of the school improvement guidance is not displaced by the policy statement.

(5) The duties in subsections (1) and (4) do not apply to a school authority so far as it would be unreasonable for the authority to follow the school improvement guidance or policy statement in a particular case or category of case.