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CHAPTER IV |
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INTERVENTION IN SCHOOLS CAUSING CONCERN |
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Intervention by LEAs |
| Powers of intervention exercisable by LEAs. |
14. - (1) If at any time section 15 applies to a maintained school by virtue of any of the following provisions of that section, namely-
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(a) subsection (1) (school subject to formal warning), |
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(b) subsection (4) (school with serious weaknesses), or |
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(c) subsection (6) (school requiring special measures), |
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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).
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(2) Those provisions are-
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(a) section 16 (power to appoint additional governors); and |
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(b) section 17 (power to suspend right to delegated budget). |
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(3) Those provisions shall not apply to a school to which section 15 applies by virtue of subsection (6) of that section (school requiring special measures) if, in connection with the same report falling within paragraph (a) of that subsection-
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(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 |
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(b) he has exercised in relation to the school his power under section 19 (power to direct closure of school). |
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(4) In this Chapter-
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(a) "the Chief Inspector" and "member of the Inspectorate", and |
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(b) references to a school requiring special measures, |
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have the same meaning as in the School Inspections Act 1996.
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| Cases where LEA may exercise powers of intervention. |
15. - (1) This section applies to a maintained school by virtue of this subsection if-
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(a) the local education authority have- |
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(i) given the governing body a warning notice in accordance with subsection (2), and
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(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;
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(b) the governing body have failed to comply, or secure compliance, with the notice to the authority's satisfaction within the compliance period; and |
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(c) the authority have given reasonable notice to the governing body that they propose to exercise their powers under either or both of sections 16 and 17. |
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(2) A local education authority may give a warning notice to the governing body of a maintained school where-
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(a) the authority are satisfied- |
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(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
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(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
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(iii) that the safety of pupils or staff of the school is threatened (whether by a breakdown of discipline or otherwise); and
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(b) the authority have previously informed the governing body of the matters on which that conclusion is based; and |
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(c) those matters have not been remedied to the authority's satisfaction within a reasonable period. |
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(3) For the purposes of subsections (1) and (2) a "warning notice" is a notice by the local education authority setting out-
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(a) the matters referred to in subsection (2)(b); |
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(b) the action which they require the governing body to take in order to remedy those matters; and |
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(c) the period within which that action is to be taken by the governing body ("the compliance period"). |
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(4) This section applies to a maintained school by virtue of this subsection if-
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(a) a report of an inspection of the school has been made under Part I of the School Inspections Act 1996 in which the person making it stated that in his opinion the school had serious weaknesses; and |
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(b) where any subsequent report of an inspection of the school has been made under Part I of that Act, that opinion has not been superseded by the person making the report stating that in his opinion- |
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(i) the school no longer has serious weaknesses, or
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(ii) special measures are required to be taken in relation to the school.
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(5) For 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.
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(6) This section applies to a maintained school by virtue of this subsection if-
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(a) a report of an inspection of the school has been made under Part I of the School Inspections Act 1996 in which the person making it stated that in his opinion special measures were required to be taken in relation to the school; |
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(b) either that person was a member of the Inspectorate or the report stated that the Chief Inspector agreed with his opinion; and |
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(c) where any subsequent report of an inspection of the school has been made under Part I 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. |
