THE ROLE OF PRIVATE SECTOR ORGANISATIONS
IN PUBLIC EDUCATION
Limits to private sector intervention
61. We have considered whether there should be a
restriction on the range of responsibilities that local authorities
can transfer to private sector organisations. In particular, we
have considered whether it is possible for authorities to transfer
their statutory responsibilities. For example, the School Standards
and Framework Act 1998 places a duty on local education authorities
to promote high standards in primary and secondary education.
The Act provides LEAs with the powers (a) to appoint additional
governors or (b) to suspend a school's delegated budget if the
school has been subject to a formal warning by the LEA that standards
are unacceptably low, or if the school has been declared by OFSTED
to have serious weaknesses or require special measures.
62. Professor Michael Barber told us that the contract
between the local authority and the private sector organisation
would define their respective roles with regard to these statutory
duties.[71]
For example, he noted that the contract between Islington and
Cambridge Education Associates would specify that the responsibility
for issuing formal warning notices would be transferred to the
contractor.[72]
Professor Barber argued that the School Standards and Framework
Act 1998 gave the Secretary of State powers to direct that "certain
functions are performed in a particular way" including transferring
statutory duties to an external provider.[73]
The Minster told us she did not believe that the School Standards
and Framework Act contained contradictory powers, and that it
was appropriate for statutory duties to be transferred to an external
contractor.[74]
71 Q. 182. Back
72 Q.
219. Back
73 Q.
220. Back
74 Q.
221. Back
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