Part 4Schools causing concern: England
Introduction
I159Meaning of “maintained school” and “eligible for intervention”
1
In this Part “maintained school” means any of the following schools in England—
a
a community, foundation or voluntary school,
b
a community or foundation special school, or
c
a maintained nursery school.
2
In this Part, references to a school being “eligible for intervention” are to be read in accordance with—
Schools that are eligible for intervention
I260F4Performance standards and safety warning notice
F261
A maintained school is by virtue of this section eligible for intervention if—
a
a relevant authority have given the governing body a warning notice in accordance with subsection (2),
b
the period for compliance specified in the notice (“the compliance period”) has expired,
c
the governing body have failed to comply, or secure compliance, with the notice to the relevant authority's satisfaction by the end of the compliance period, and
d
the relevant authority have given reasonable notice in writing to the governing body that the authority proposes to exercise the authority's powers under any one or more of sections 63 to 69 (whether or not the notice is combined with a notice under section 62(2A)(c) of SSFA 1998).
2
A F23relevant authority may give a warning notice to the governing body of a maintained school where the authority are satisfied—
a
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 this Part, or
b
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
c
that the safety of pupils or staff of the school is threatened (whether by a breakdown of discipline or otherwise).
3
For the purposes of subsection (2)(a) the standards of performance of pupils at a school are low if they are low by reference to any one or more of the following—
a
the standards that the pupils might in all the circumstances reasonably be expected to attain,
b
where relevant, the standards previously attained by them, or
c
the standards attained by pupils at comparable schools.
4
For the purposes of this section a “warning notice” is a notice in writing by the F23relevant authority setting out—
a
the matters on which the conclusion mentioned in subsection (2) is based,
b
the action which they require the governing body to take in order to remedy those matters,
c
F27the compliance period for the purposes of subsection (1)(c), and
F244A
If a local authority are notified that the Secretary of State has given a warning notice to the governing body of a maintained school the local authority may not give a warning notice unless or until the Secretary of State informs them that they may.
4B
If the Secretary of State gives a warning notice to the governing body of a maintained school, any earlier warning notice given to the maintained school by the local authority ceases to have effect from that time.
F295
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
6
The F23relevant authority must, at the same time as giving the governing body the warning notice, give a copy of the notice to each of the following persons—
a
the Chief Inspector,
b
the head teacher of the school,
c
in the case of a Church of England school or a Roman Catholic Church school, the appropriate diocesan authority, and
d
in the case of a foundation or voluntary school, the person who appoints the foundation governors.
F256A
If a local authority give a warning notice to the governing body of a maintained school they must, at the same time, give a copy of it to the Secretary of State.
6B
If the Secretary of State gives a warning notice to the governing body of a maintained school the Secretary of State must, at the same time, give a copy of it to the local authority.
F317
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F318
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F319
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F3010
In this section “relevant authority” means—
a
the local authority, or
b
the Secretary of State.
60AF1Teachers' pay and conditions warning notice
F321
A maintained school is by virtue of this section eligible for intervention if—
a
the local authority have given the governing body a warning notice in accordance with subsection (2),
b
the period for compliance specified in the notice (“the compliance period”) has expired,
c
the governing body have failed to comply, or secure compliance, with the notice to the local authority's satisfaction by the end of the compliance period, and
d
the local authority have given reasonable notice in writing to the governing body that the authority proposes to exercise the authority's powers under any one or more of sections 64 to 66.
2
A local authority may give a warning notice to the governing body of a maintained school where the authority are satisfied that—
a
the governing body have failed to comply with a provision of an order under section 122 of EA 2002 (teachers' pay and conditions) that applies to a teacher at the school, or
b
the governing body have failed to secure that the head teacher of the school complies with such a provision.
3
In subsection (2) references to an order under section 122 of EA 2002 include a document by reference to which provision is made in such an order.
4
For the purposes of this section a “warning notice” is a notice in writing by the local authority setting out—
a
the matters on which the conclusion mentioned in subsection (2) is based,
b
the action which they require the governing body to take in order to remedy those matters,
c
F33the compliance period for the purposes of subsection (1)(c), and
F345
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
6
The local authority must, at the same time as giving the governing body the warning notice, give a copy of the notice to each of the following persons—
F35za
the Secretary of State,
a
the head teacher of the school,
b
in the case of a Church of England school or a Roman Catholic Church school, the appropriate diocesan authority, and
c
in the case of a foundation or voluntary school, the person who appoints the foundation governors.
F367
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F368
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F369
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F3610
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
C4C5C660BF49Coasting schools
1
A maintained school is by virtue of this section eligible for intervention if—
a
the school is coasting, and
b
the Secretary of State has notified the governing body that it is coasting.
2
The Secretary of State may by regulations provide that this section does not apply in relation to a school of a description specified in the regulations.
3
The Secretary of State must by regulations define what “coasting” means in relation to a school to which this section applies.
I3C361School requiring significant improvement
A maintained school is by virtue of this section eligible for intervention if—
a
following an inspection of the school under Chapter 1 of Part 1 of EA 2005, the Chief Inspector has given notice under section 13(3)(a) of that Act in a case falling within section 13(1)(b) of that Act (school requiring significant improvement), and
b
where any subsequent inspection of the school has been made under Chapter 1 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 a notice under section 13(3)(a) of that Act in a case falling within section 13(1)(a) of that Act (school requiring special measures).
I4C362School requiring special measures
A maintained school is by virtue of this section eligible for intervention if—
a
following an inspection of the school under Chapter 1 of Part 1 of EA 2005, the Chief Inspector has given notice under section 13(3)(a) of that Act in a case falling within section 13(1)(a) of that Act (school requiring special measures), and
b
where any subsequent inspection of the school has been made under Chapter 1 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.
Intervention by F18local authority
I563Power of F17local authority to require governing body to enter into arrangements
1
If at any time a maintained school is eligible for intervention F5other than by virtue of section 60A, then (subject to subsection (3)) the F18local authority may, with a view to improving the performance of the school, give the governing body of the school a notice requiring the governing body—
a
to 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
to make specified arrangements authorised by section 26 of EA 2002 (collaboration between schools) with the governing body of such other school as may be specified,
c
to make specified arrangements authorised by regulations under section 166 of this Act (collaboration arrangements: maintained schools and further education bodies) with a further education body within the meaning of that section, or
d
to take specified steps for the purpose of creating or joining a federation, as defined by section 24(2) of EA 2002.
2
Before exercising the power conferred by subsection (1), the F18local authority must 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 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.
3
Where the school is eligible for intervention by virtue of section 60 (school subject to F6performance standards and safety warning), the power conferred by subsection (1) is only exercisable within the period of two months following the end of the compliance period (as defined by F37section 60(1)(b)).
4
A notice under subsection (1)(a) may require the contract or other arrangement to contain specified terms and conditions.
I664Power of F17local authorityetc. to appoint additional governors
1
F391A
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
2
Where the school is eligible for intervention by virtue of section 60 (school subject to F7performance standards and safety warning) or 60A (school subject to teachers' pay and conditions warning), the power conferred by subsection (1) is only exercisable within the period of two months following the end of the compliance period (as defined by F40section 60(1)(b)F8or as the case may be F41section 60A(1)(b)).
3
In relation to any appointment made by the F18local authority by virtue of subsection (1) to the governing body of a school, the instrument of government for the school has effect as if (despite anything in regulations under section 19 of EA 2002) it provided for the F18local authority to appoint such number of additional governors as they think fit.
4
If at any time—
a
a voluntary aided school other than one falling within section 61 or 62 is eligible for intervention by virtue of section 60 (school subject to F10performance standards and safety warning) or 60A (school subject to teachers' pay and conditions warning), and
b
F9c
the Secretary of State has not exercised the power under section 67 in connection with the same warning notice,
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.
5
Any additional foundation governors appointed under subsection (4)—
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.
6
If at any time—
a
a voluntary aided school is eligible for intervention by virtue of section 61 (school requiring significant improvement) or section 62 (school requiring special measures),
b
the Secretary of State has not exercised his power under section 67 (power to appoint additional governors) in connection with the same inspection falling within section 61(a) or 62(a),
c
the Secretary of State has not exercised his power under section 68 (power to direct closure of school), and
d
the appropriate appointing authority have received a notice in writing from the Secretary of State informing them that he has received a notice under section 13(3)(a) of EA 2005 from the Chief Inspector,
the appropriate appointing authority may appoint such number of additional foundation governors as they think fit.
7
In the case of any appointment made by virtue of subsection (4) or (6) to the governing body of a school, the instrument of government for the school has effect as if (despite anything in regulations under section 19 of EA 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 (4) or (6) (as the case may be).
8
Subject to subsection (9), 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 or a Roman Catholic Church school; or
b
in any other case, to the person or persons by whom the foundation governors are appointed.
9
Where, in the case of any voluntary aided school not falling within subsection (8)(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.
I765Power of F17local authority to provide for governing body to consist of interim executive members
1
If at any time a maintained school is eligible for intervention, the F18local 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 6 (governing bodies consisting of interim executive members).
2
Before exercising the power conferred by subsection (1), the F18local authority must 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 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.
I866Power of F17local authority to suspend right to delegated budget
1
If at any time—
a
a maintained school is eligible for intervention, and
b
the school has a delegated budget within the meaning of Part 2 of SSFA 1998,
then (subject to subsection (2)) the F18local 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 the school is eligible for intervention by virtue of section 60 (school subject to F11performance standards and safety warning) or 60A (school subject to teachers' pay and conditions warning), the power conferred by subsection (1) is only exercisable within the period of two months following the end of the compliance period (as defined by F42section 60(1)(b)F12or as the case may be F43section 60A(1)(b)).
3
A copy of a notice given under subsection (1) must be given to the head teacher of the school at the same time as the notice is given to the governing body.
4
A suspension imposed under this section shall have effect for the purposes of Chapter 4 of Part 2 of SSFA 1998 as if made under paragraph 1 of Schedule 15 to that Act.
Intervention by Secretary of State
66AF21Power of Secretary of State to require governing body to enter into arrangements
1
If at any time a maintained school is eligible for intervention other than by virtue of section 60A, then (subject to subsection (3)) the Secretary of State may, with a view to improving the performance of the school, give the governing body of the school a notice requiring the governing body—
a
to 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
to make specified arrangements authorised by section 26 of EA 2002 (collaboration between schools) with the governing body of such other school as may be specified,
c
to make specified arrangements authorised by regulations under section 166 of this Act (collaboration arrangements: maintained schools and further education bodies) with a further education body within the meaning of that section, or
d
to take specified steps for the purpose of creating or joining a federation, as defined by section 24(2) of EA 2002.
2
Before exercising the power conferred by subsection (1), the Secretary of State must 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 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.
3
Where the school is eligible for intervention by virtue of section 60 (school subject to performance standards and safety warning), the power conferred by subsection (1) is only exercisable within the period of two months following the end of the compliance period (as defined by section 60(1)(b)).
4
A notice under subsection (1)(a) may require the contract or other arrangement to contain specified terms and conditions.
I967Power of Secretary of State to appoint additional governors
1
If at any time a maintained school is eligible for intervention F13..., 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, the Secretary of State must consult—
a
the F18local 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 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
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 (despite anything in regulations under section 19 of EA 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 F18local authority may not exercise their power under section 66(1) or paragraph 1 of Schedule 15 to SSFA 1998 to suspend the governing body's right to a delegated budget, and
ii
if they have already exercised either of those powers, the Secretary of State must, if requested to do so by the governing body, revoke the suspension; and
b
in the case of a voluntary aided school, nothing in regulations under section 19 of EA 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 Secretary of State under this section.
7
The revocation of a suspension under subsection (6)(a)—
a
must be notified to the F18local authority in writing, and
b
takes effect from such date as is specified in that notification.
I10C168Power of Secretary of State to direct closure of school
1
2
Before giving a direction under subsection (1), the Secretary of State must consult—
a
the F18local 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 or a Roman Catholic Church school, the appropriate diocesan authority,
c
in the case of any other foundation or voluntary school, the person or persons by whom the foundation governors are appointed,
F15d
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
e
such other persons as the Secretary of State considers appropriate.
3
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.
4
Where the F18local 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 sections 15 to 17 of this Act or in section 30 of SSFA 1998 applies to their discontinuance of the school under this section.
5
In this section any reference to the discontinuance of a maintained school is a reference to the F18local authority ceasing to maintain it.
I11C269Power of Secretary of State to provide for governing body to consist of interim executive members
1
If at any time a maintained school is eligible for intervention F14... ,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 6 (governing bodies consisting of interim executive members).
2
Before exercising the power conferred by subsection (1), the Secretary of State must consult—
a
the F18local 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 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 need not consult the persons mentioned in subsection (2)(b), (c) and (d) if the F18local authority have consulted them under subsection (2) of section 65 in relation to a proposed notice under subsection (1) of that section.
F194
Subsection (2) does not apply if an Academy order has effect in respect of the school.
F4469APower of Secretary of State to direct local authority to give performance standards and safety warning notice
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
69BF2Power of Secretary of State to direct local authority to give teachers' pay and conditions warning notice
1
This section applies if the Secretary of State thinks that the conditions in subsections (2) and (3) are met.
2
3
The condition is that one of the following applies—
a
the authority have not given a warning notice to the governing body under section 60A on those grounds;
b
the authority have done so, but in inadequate terms;
F46c
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
d
the school has become eligible for intervention on those grounds by virtue of section 60A, but the period of two months following the end of the compliance period (as defined by section F4760A(1)(b)) has ended.
4
5
If the Secretary of State gives a direction under subsection (4) to a local authority in respect of a governing body, the authority must—
a
give a copy of the direction to the governing body before the end of the period of 2 working days beginning with the day on which the direction is given,
b
when it does so, invite the governing body to give the authority a written response before the end of the period of 7 working days beginning with the day on which the direction is given, and
c
give the Secretary of State the authority's written response, and any response received from the governing body in accordance with paragraph (b), before the end of the period of 10 working days beginning with the day on which the direction is given.
6
a
state that the authority have decided to give a warning notice to the governing body in the specified terms;
b
state that the authority have decided not to give a warning notice to the governing body in those terms.
7
If the response states that the authority have decided to give a warning notice to the governing body in the specified terms, the authority must—
a
give the warning notice to the governing body in those terms before the end of the period of 5 working days beginning with the day on which the response is given (and withdraw any previous warning notice given to the governing body under section 60A), and
b
on the same day as they do so, give the Secretary of State a copy of the notice.
8
If the response states that the authority have decided not to give a warning notice to the governing body in the specified terms—
a
the response must set out the authority's reasons for the decision, and
b
the Secretary of State may direct the authority to give the warning notice to the governing body in those terms (and to withdraw any previous warning notice given to the governing body under section 60A).
9
If the Secretary of State directs the authority under subsection (8)(b) to give a warning notice to the governing body in the specified terms, the authority must—
a
comply with the direction under subsection (8)(b) before the end of the period of 5 working days beginning with the day on which that direction is given, and
b
on the same day as they do so, give the Secretary of State a copy of the notice.
10
Subsections (7)(b) and (9)(b) apply in addition to section 60A(6).
11
A direction under this section must be in writing.
Governing bodies consisting of interim executive members: further provisions
I1270Governing bodies consisting of interim executive members
Schedule 6 has effect in relation to any school in respect of which a notice has been given—
a
under section 65(1) by the F18local authority, or
b
under section 69(1) by the Secretary of State.
F22Interaction between different intervention powers etc
Ss. 70A-70C and cross-heading inserted (18.4.2016) by Education and Adoption Act 2016 (c. 6), ss. 6(3), 19(2); S.I. 2016/466, reg. 2
70ADuties for local authorities and Secretary of State to notify each other
1
A local authority must notify the Secretary of State before exercising a power under section 63, 64 or 66 in relation to a maintained school.
2
The Secretary of State must notify the local authority before exercising a power under any of sections 66A to 69 in relation to a maintained school.
70BRestriction on use of local authority intervention powers
1
This section applies where a local authority are notified that the Secretary of State intends to exercise a power under any of sections 66A to 69 in relation to a maintained school.
2
The local authority may not use any of their powers under section 63, 64 or 66 in relation to the school unless or until the Secretary of State notifies them that they may.
70CSecretary of State's power to take over responsibility for interim executive members
1
This section applies where a local authority have given the governing body of a maintained school a notice under section 65 (governing body to consist of interim executive members).
2
The Secretary of State may take over responsibility for arrangements in connection with the interim executive members by giving notice to the local authority and, where the Secretary of State does so—
a
the notice given by the local authority in accordance with section 65 is to be treated as having been given by the Secretary of State in accordance with section 69, and
b
anything done by or in relation to the local authority under Schedule 6 is to be treated as having been done by or in relation to the Secretary of State.
Amendments relating to schools causing concern
I1371Amendments relating to schools causing concern
Schedule 7 contains amendments related to the provisions of this Part.
Supplementary
I1472Duty of F17local authority to have regard to guidance
A F18local authority must, in exercising their functions under this Part, have regard to any guidance given from time to time by the Secretary of State.
I1573Interpretation of Part 4
In this Part—
“appropriate diocesan authority” has the same meaning as in SSFA 1998;
“Chief Inspector” means Her Majesty's Chief Inspector of Education, Children's Services and Skills;
“Church of England school” and “Roman Catholic Church school” have the same meaning as in SSFA 1998;
“eligible for intervention”, in relation to a maintained school, has the meaning given by section 59(2);
“maintained school” has the meaning given by section 59(1).
F45...
Words in Pts. 1-7 substituted (5.5.2010) by The Local Education Authorities and Children’s Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), art. 1, Sch. 2 para. 14(2)