Part 2E+WEstablishment, discontinuance or alteration of schools

Discontinuance of schoolsE+W

17Direction requiring discontinuance of community or foundation special schoolE+W

(1)The Secretary of State may, if he considers it expedient to do so in the interests of the health, safety or welfare of pupils at a community or foundation special school in England, give a direction to the [F1local authority] by whom the school is maintained requiring the school to be discontinued on a date specified in the direction.

(2)A direction under subsection (1) may require the [F1local authority] to notify any persons or class of persons specified in the direction.

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

(a)the [F1local authority],

(b)any other [F1local authority] who would in his opinion be affected by the discontinuance of the school,

(c)in the case of a foundation special school which has a foundation, the person who appoints the foundation governors, and

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

(4)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.

(5)Where a [F1local 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 section 15 or 28 applies to any such discontinuance of the school under this section.