Part I Measures to raise standards of school education
C13C14 Chapter IV Intervention in schools causing concern
Pt. 1 Ch. 4: power to modify conferred (1.4.2003 for E.) by Education Act 2002 (c. 32), ss. 25(1)(a), 216(4) (with ss. 210(8), 214(4)); S.I. 2003/124, art. 4
Intervention by LEAs
14 Powers of intervention exercisable by LEAs.
1
If at any time section 15 applies to a maintained school by virtue of any of the following provisions of that section, namely—
a
subsection (1) (school subject to formal warning),
c
subsection (6) (school requiring special measures),
the provisions mentioned in subsection (2) below (which confer powers of intervention on local education authorities) shall also apply to the school at that time unless excluded by subsection (3) below (intervention by Secretary of State).
F211A
In this Chapter “maintained school” includes a maintained nursery school.
C12
Those provisions are—
C2a
section 16 (power to appoint additional governors);
F1aa
section 16A (power to provide for governing body to consist of interim executive members);
and
C3b
section 17 (power to suspend right to delegated budget).
F23
Those provisions shall not apply to a school to which section 15 applies by virtue of subsection (4) or (6) of that section (school F26with serious weaknessesF26requiring significant improvement or requiring special measures) if, in connection with the same inspection falling within subsection (4)(a) or (6)(a) of that section—
a
the Secretary of State has exercised in relation to the school his power under section 18 (power to appoint additional governors) and any additional governors appointed in the exercise of that power remain in office; or
b
he has exercised in relation to the school his power under section 19 (power to direct closure of school).
4
F28In this Chapter—
a
“Chief Inspector” and “member of the Inspectorate”, and
b
references to special measures being, or not being, required to be taken in relation to a school,
have the same meaning as in the M1School Inspections Act 1996.
F28In this Chapter—
a
“Chief Inspector” means—
i
in relation to a school in England, Her Majesty’s Chief Inspector of Schools in England, and
ii
in relation to a school in Wales, Her Majesty’s Chief Inspector of Education and Training in Wales,
b
“member of the Inspectorate”, in relation to an inspection of a school in Wales, has the meaning given by section 43 of the Education Act 2005,
c
references to special measures being, or not being, required to be taken in relation to a school are to be read in accordance with section 44(1) of that Act, and
d
references to a school requiring, or not requiring, significant improvement are to be read in accordance with section 44(2) of that Act.
15 Cases where LEA may exercise powers of intervention.
1
This section applies to a maintained school by virtue of this subsection if—
a
the local education authority have—
i
given the governing body a warning notice in accordance with subsection (2), and
ii
given the head teacher of the school a copy of the notice at the same time as the notice was given to the governing body;
b
the governing body have failed to comply, or secure compliance, with the notice to the authority’s satisfaction within the compliance period; and
c
the authority have given reasonable notice in writing to the governing body that they propose to exercise their powers under either or both of sections 16 and 17 (whether or not the notice is combined with a notice under section 62(3)(c)).
2
A local education authority may give a warning notice to the governing body of a maintained school where—
a
the authority are satisfied—
i
that the standards of performance of pupils at the school are unacceptably low and are likely to remain so unless the authority exercise their powers under either or both of sections 16 and 17, or
ii
that there has been a serious breakdown in the way the school is managed or governed which is prejudicing, or likely to prejudice, such standards of performance, or
iii
that the safety of pupils or staff of the school is threatened (whether by a breakdown of discipline or otherwise); and
b
the authority have previously informed the governing body and the head teacher of the matters on which that conclusion is based; and
c
those matters have not been remedied to the authority’s satisfaction within a reasonable period.
3
For the purposes of subsections (1) and (2) a “warning notice” is a notice in writing by the local education authority setting out—
a
the matters referred to in subsection (2)(b);
b
the action which they require the governing body to take in order to remedy those matters; and
c
the period within which that action is to be taken by the governing body (“the compliance period”).
C44
F29This section applies to a maintained school by virtue of this subsection if—
a
following an inspection of the school under Part 1 of the School Inspections Act 1996, the Chief Inspector has given the Secretary of State a notice under subsection (2) of section 16A of that Act in a case falling within subsection (1)(a) or (b) of that section (schools having serious weaknesses), and
b
where any subsequent inspection of the school has been made under Part 1 of that Act, the notice has not been superseded by—
i
the person making the subsequent inspection making a report stating that in his opinion the school no longer has serious weaknesses, or
ii
the Chief Inspector giving the Secretary of State a notice under subsection (2) of section 16A of that Act in a case falling within subsection (1)(c) of that section (schools requiring special measures).
F29This section applies to a maintained school by virtue of this subsection if—
a
following an inspection of the school under Chapter 1 or 3 of Part 1 of the Education Act 2005, the Chief Inspector—
i
in the case of a school in England, has given the Secretary of State a notice under subsection (3)(a) of section 13 of that Act in a case falling within subsection (1)(b) of that section (school requiring significant improvement), or
ii
in the case of a school in Wales, has given the National Assembly for Wales a notice under subsection (2) of section 37 of that Act in a case falling within subsection (1)(a)(ii) or (b)(ii) of that section (school requiring significant improvement), and
b
where any subsequent inspection of the school has been made under Chapter 1 or 3 of Part 1 of that Act, the notice has not been superseded by—
i
the person making the subsequent inspection making a report stating that in his opinion the school no longer requires significant improvement, or
ii
the Chief Inspector giving the Secretary of State or the Assembly a notice under section 13(3)(a) or 37(2) of that Act in a case falling within section 13(1)(a) or 37(1)(a)(i) or (1)(b)(i) (school requiring special measures).
5
F31For the purposes of subsection (4) a school has serious weaknesses if, although giving its pupils in general an acceptable standard of education, it has significant weaknesses in one or more areas of its activities.
C56
F30This section applies to a maintained school by virtue of this subsection if—
a
following an inspection of the school under Part 1 of the School Inspections Act 1996, the Chief Inspector has given the Secretary of State a notice under subsection (2) of section 16A of that Act in a case falling within subsection (1)(c) of that section (schools requiring special measures), and
b
where any subsequent report of an inspection of the school has been made under Part 1 of that Act, the person making it did not state that in his opinion special measures were not required to be taken in relation to the school.
F30This section applies to a maintained school by virtue of this subsection if—
a
following an inspection of the school under Chapter 1 or 3 of Part 1 of the Education Act 2005, the Chief Inspector—
i
in the case of a school in England, has given the Secretary of State a notice under subsection (3)(a) of section 13 of that Act in a case falling within subsection (1)(a) of that section (school requiring special measures), or
ii
in the case of a school in Wales, has given the National Assembly for Wales a notice under subsection (2) of section 37 of that Act in a case falling with subsection (1)(a)(i) or (b)(i) of that section (school requiring special measures), and
b
where any subsequent inspection of the school has been made under Chapter 1 or 3 of Part 1 of that Act, the person making it did not state that in his opinion special measures were not required to be taken in relation to the school.
F37
For the purposes of this section a report of an inspection under section 65 or 83 of the Learning and Skills Act 2000 shall be treated as a report of an inspection under Part I of the School Inspections Act 1996.
I1C616 Power of LEA to appoint additional governors.
1
If at any time this section applies to a maintained school in accordance with section 14(1), then (subject to subsections (2) and (3)) the local education authority may appoint such number of additional governors as they think fit.
2
Where this section so applies in the case of a school falling within section 15(1) (school subject to formal warning), the power conferred by subsection (1) above is only exercisable within the period of two months following the end of the compliance period.
F43
Where this section so applies in the case of a school falling within section 15(4)(school F32with serious weaknessesF32requiring significant improvement) or section 15(6)(school requiring special measures), the power conferred by subsection (1) above is exercisable only if the following conditions are satisfied, namely—
a
b
a period of not less than ten days has elapsed since the date of the notice.
4
F5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
5
In relation to any appointment made by the local education authority by virtue of subsection (1) to the governing body of a school, the instrument of government for the school shall have effect as if F22(despite anything in Part II of Schedule 9)F22(despite anything in regulations under section 19 of the Education Act 2002) it provided for the local education authority to appoint such number of additional governors as they think fit.
6
If at any time—
a
this section applies to a voluntary aided school other than one falling within F6section 15(4) or (6) , and
b
the local education authority have exercised their power to appoint additional governors under subsection (1),
the appropriate appointing authority may appoint such number of additional foundation governors as is equal to the number of additional governors appointed by the authority.
7
Any additional foundation governors appointed under subsection (6)—
a
shall cease to hold office at the time when the additional governors appointed by the authority cease to do so; and
b
shall not be eligible for re-appointment except where, and to the extent that, those governors are re-appointed.
8
If—
a
at any time this section applies to a voluntary aided school falling within F7section 15(4) or (6) , and
F8b
paragraph (a) of section 14(3) does not apply in connection with the same inspection falling within subsection (4)(a) or (6)(a) of section 15,
the appropriate appointing authority may (subject to subsection (9)) appoint such number of additional foundation governors as they think fit.
F99
The power conferred by subsection (8) is only exercisable if the following conditions are satisfied, namely—
a
b
a period of not less than ten days has elapsed since the date of the notice from the Secretary of State.
10
In the case of any appointment made by virtue of subsection (6) or (8) to the governing body of a school, the instrument of government for the school shall have effect as if F23(despite paragraph 14 of Schedule 9)F23(despite anything in regulations under section 19 of the Education Act 2002) the instrument provided for the appropriate appointing authority to appoint such number of additional foundation governors as they are authorised to appoint under subsection (6) or (8)
(as the case may be).
11
Subject to subsection (12), references in this section to the appropriate appointing authority in relation to any voluntary aided school are references—
a
to the appropriate diocesan authority, if it is a Church of England school, Church in Wales school or Roman Catholic Church school; or
b
in any other case, to the person or persons by whom the foundation governors are appointed.
12
Where, in the case of any voluntary aided school not falling within subsection (11)(a), there are different powers to appoint foundation governors, references in this section to the appropriate appointing authority are references—
a
to all those persons who have any such power acting jointly, or
b
if they are unable to agree, to such of them acting jointly, or such one of them, as the Secretary of State may, after consulting all those persons, determine.
F1012A
The Secretary of State may in respect of any particular school determine that subsections (3)(b) and (9)(b) shall have effect as if the reference to ten days were to such shorter period as he may determine.
13
F11. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
C716AF14 Power of LEA to provide for governing body to consist of interim executive members
1
If at any time this section applies to a maintained school in accordance with section 14(1), then (subject to subsections (2) and (3)) the local education authority may, with the consent of the Secretary of State, give the governing body a notice in writing stating that, as from a date specified in the notice, the governing body are to be constituted in accordance with Schedule 1A (governing bodies consisting of interim executive members).
2
Where this section so applies in the case of a school falling within section 15(4)(school F35with serious weaknessesF35requiring significant improvement) or section 15(6)(school requiring special measures), the power conferred by subsection (1) above is exercisable only if the following conditions are satisfied, namely—
a
b
a period of not less than ten days has elapsed since the date of the notice.
3
The Secretary of State may in respect of any particular school determine that subsection (2)(b) shall have effect as if the reference to ten days were to such shorter period as he may determine.
4
Before exercising the power conferred by subsection (1), the local education authority shall consult—
a
the governing body of the school,
b
in the case of a foundation or voluntary school which is a Church of England school, a Church in Wales school or a Roman Catholic Church school, the appropriate diocesan authority, and
c
in the case of any other foundation or voluntary school, the person or persons by whom the foundation governors are appointed.
C817 Power of LEA to suspend right to delegated budget.
1
If at any time—
a
this section applies to a maintained school in accordance with section 14(1), and
b
the school has a delegated budget within the meaning of Part II of this Act,
then (subject to subsections (2) and (3)) the local education authority may, by giving the governing body of the school notice in writing of the suspension, suspend the governing body’s right to a delegated budget with effect from the receipt of the notice by the governing body.
2
Where this section so applies in the case of a school falling within section 15(1) (school subject to formal warning), the power conferred by subsection (1) above is only exercisable within the period of two months following the end of the compliance period.
F123
Where this section so applies in the case of a school falling within section 15(4)(school F37with serious weaknessesF37requiring significant improvement) or section 15(6)(school requiring special measures), the power conferred by subsection (1) above is exercisable only if the following conditions are satisfied, namely—
a
b
a period of not less than ten days has elapsed since the date on which the copy was given.
4
The Secretary of State may in respect of any particular school determine that F13subsection (3)(b) shall have effect as if the reference to ten days were to such shorter period as he may determine.
5
A copy of a notice given under subsection (1) shall be given to the head teacher of the school at the same time as the notice is given to the governing body.
6
A suspension imposed under this section shall have effect for the purposes of Chapter IV of Part II of this Act as if made under paragraph 1 of Schedule 15 to this Act, but there shall be no right of appeal under paragraph 3 of that Schedule against such a suspension.
Intervention by Secretary of State
18 Power of Secretary of State to appoint additional governors.
C9F151
If at any time section 15 applies to a maintained school by virtue of either of the following provisions of that section, namely—
b
subsection (6)(school requiring special measures),
the Secretary of State may appoint such number of additional governors as he thinks fit; and he may nominate one of those governors to be the chairman of the governing body in place of any person who has been elected as chairman of that body.
2
Before making any such appointment in relation to a voluntary aided school, the Secretary of State shall consult—
a
in the case of a Church of England school, a Church in Wales school or a Roman Catholic Church school, the appropriate diocesan authority; or
b
in any other case, the person who appoints the foundation governors.
3
A governor appointed under this section—
a
shall hold office as governor for such term, and
b
if nominated as chairman of the governing body, shall be chairman of that body for such period,
as the Secretary of State may determine.
4
The Secretary of State may pay to any governor appointed under this section such remuneration and allowances as the Secretary of State may determine.
5
In relation to any appointment made by the Secretary of State by virtue of subsection (1) to the governing body of a school, the instrument of government for the school shall have effect as if F24(despite anything in Part II of Schedule 9)F24(despite anything in regulations under section 19 of the Education Act 2002) it provided for the Secretary of State to appoint such number of additional governors as he thinks fit.
6
Where the Secretary of State has exercised his power under this section in relation to a school, then—
a
in any such case—
i
the local education authority may not exercise their power under paragraph 1 of Schedule 15 to suspend the governing body’s right to a delegated budget, and
ii
if they have already exercised that power or their power under section 17(1), the Secretary of State shall, if requested to do so by the governing body, revoke the suspension; and
b
in the case of a voluntary aided school, nothing in F25paragraph 14 of Schedule 9F25regulations under section 19 of the Education Act 2002 shall be read as authorising the appointment of foundation governors for the purpose of outnumbering the other governors as augmented by those appointed by the Secretary of State under this section.
7
The revocation of a suspension under subsection (6)(a) shall—
a
be notified to the local education authority in writing; and
b
take effect from such date as is specified in that notification.
C1018AF18 Power of Secretary of State to provide for governing body to consist of interim executive members
1
If at any time section 15 applies to a maintained school by virtue of either of the following provisions of that section, namely—
b
subsection (6)(school requiring special measures),
the Secretary of State may give the governing body a notice in writing stating that, as from the date specified in the notice, the governing body are to be constituted in accordance with Schedule 1A (governing bodies consisting of interim executive members).
2
Before exercising the power conferred by subsection (1), the Secretary of State shall consult—
a
the local education authority,
b
the governing body of the school,
c
in the case of a foundation or voluntary school which is a Church of England school, a Church in Wales school or a Roman Catholic Church school, the appropriate diocesan authority, and
d
in the case of any other foundation or voluntary school, the person or persons by whom the foundation governors are appointed.
3
The Secretary of State is not obliged to consult the persons mentioned in subsection (2)(b), (c) and (d) if the local education authority have consulted them under subsection (4) of section 16A in relation to a proposed notice under subsection (1) of that section.
C1519 Power of Secretary of State to direct closure of school.
C11F161
F41If at any time section 15 applies to a maintained school by virtue of either of the following provisions of that section, namely—
a
subsection (4)(school with serious weaknesses), or
b
subsection (6)(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.
F41If at any time section 15 applies to a maintained school by virtue of subsection (6) of that section (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 shall 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, a Church in Wales school or a Roman Catholic Church school, the appropriate diocesan authority;
c
in the case of any other foundation or voluntary school, the person who appoints the foundation governors;
F17ca
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 (if the school is in England) or the National Council for Education and Training for Wales (if the school is in Wales) and;
d
such other persons as the Secretary of State considers appropriate.
3
On giving a direction under subsection (1) the Secretary of State shall 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 shall discontinue the school in question on the date specified in the direction; and nothing in sections 29 to 33 shall apply to their discontinuance of the school under this section.
5
In this section any reference to the discontinuance of a maintained school is to the local education authority ceasing to maintain it.
F20Governing bodies consisting of interim executive members
S. 19A and cross-heading inserted (2.9.2002 for E. otherwise prosp.) by Education Act 2002 (c. 32), ss. 59(1), 216 (with ss. 210(8), 214(4)); S.I. 2002/2002, art. 4
C1219AF19 Governing bodies consisting of interim executive members
The provisions of Schedule 1A shall have effect in relation to any school in respect of which a notice has been given—
a
under section 16A(1), by the local education authority, or
b
under section 18A(1), by the Secretary of State.
Pt. 1 Chapter 4: Power to modify conferred (prosp.) by Education Act 2002 (c. 32), ss. 25, 216 (with ss. 210(8), 214(4))