|
| |
|
(9) | Where the governing body of a school have prepared a statement under this |
| |
section, they must in the report under section 30 of the Education Act 2002 |
| |
(governors’ reports) state the extent to which the proposals set out in the |
| |
statement (or, if there is more than one, the most recent statement) have been |
| |
| 5 |
40 | Statement to be prepared by local education authority |
| |
(1) | This section applies in circumstances where— |
| |
(a) | in a report of an inspection of a maintained school the governing body |
| |
of which have a delegated budget, the person who made the report |
| |
stated that in his opinion— |
| 10 |
(i) | special measures were required to be taken in relation to the |
| |
| |
(ii) | the school required significant improvement, and |
| |
(b) | either that person was a member of the Inspectorate or the report stated |
| |
that the Chief Inspector agreed with his opinion, and |
| 15 |
| |
(i) | the local education authority have received a copy of a |
| |
statement prepared under section 39 in response to the report, |
| |
| |
(ii) | the period prescribed for the purposes of subsection (3) of that |
| 20 |
| |
(2) | The local education authority must— |
| |
(a) | prepare a written statement of any action they propose to take in the |
| |
light of the report, and the period within which they propose to take |
| |
such action, or, if they do not propose to take any such action, of their |
| 25 |
reasons for not doing so, and |
| |
(b) | send a copy of the statement prepared under paragraph (a), together |
| |
with their comments on any statement prepared under section 39 of |
| |
which they have received a copy, to the Assembly and the Chief |
| |
Inspector and, in the case of a voluntary aided school— |
| 30 |
(i) | to the person who appoints the foundation governors, and |
| |
(ii) | (if different) to the appropriate appointing authority. |
| |
(3) | It is the duty of the local education authority to prepare the statement within |
| |
the period allowed by this subsection, that is— |
| |
(a) | such period as may be prescribed, or |
| 35 |
(b) | if the Assembly is of the opinion that the urgency of the case requires a |
| |
shorter period, such shorter period as the Assembly may direct; |
| |
| but this subsection does not relieve the local education authority of any duty |
| |
to prepare a statement which has not been performed within that period. |
| |
Destination of reports and measures required: non-maintained schools |
| 40 |
41 | Destination of reports: non-maintained schools |
| |
(1) | In the case of a report of a section 28 inspection of a school other than a |
| |
maintained school, the person making the report must without delay— |
| |
(a) | send a copy of the report together with the summary of it— |
| |
(i) | to the proprietor of the school, and |
| 45 |
|
| |
|
| |
|
(ii) | (unless the person making it is a member of the Inspectorate) to |
| |
| |
(b) | if the report states that the person making it is of the opinion that |
| |
special measures are required to be taken in relation to the school or |
| |
that the school requires significant improvement and either— |
| 5 |
(i) | that person is a member of the Inspectorate, or |
| |
(ii) | the report states that the Chief Inspector agrees with his |
| |
| |
| send a copy of the report and summary to the Assembly. |
| |
| 10 |
(a) | a report of an inspection of a school other than a maintained school is |
| |
made by a member of the Inspectorate, and |
| |
(b) | he is required by section 35(1)(b) to state in the report that he is of the |
| |
opinion that special measures are required to be taken in relation to the |
| |
school or that the school requires significant improvement, |
| 15 |
| he must send a copy of the report together with the summary of it to the |
| |
proprietor of the school and to the Assembly. |
| |
(3) | In the case of a special school which is not a community or foundation special |
| |
school, the proprietor of the school must without delay send a copy of any |
| |
report and summary sent to them under subsection (1) or (2) to any local |
| 20 |
education authority that is paying fees in respect of the attendance of a |
| |
registered pupil at the school. |
| |
(4) | The proprietor of the school must— |
| |
(a) | make any report and summary sent to him under subsection (1) or (2) |
| |
available for inspection by members of the public at such times and at |
| 25 |
such place as may be reasonable, |
| |
(b) | provide a copy of the report and summary, free of charge or in |
| |
prescribed cases on payment of such fee as they think fit (not exceeding |
| |
the cost of supply) to any person who asks for one, and |
| |
(c) | take such steps as are reasonably practicable to secure that every |
| 30 |
registered parent of a registered pupil at the school receives a copy of |
| |
the summary within such period following receipt of the report by the |
| |
authority as may be prescribed. |
| |
42 | Statement to be prepared by proprietor of school |
| |
(1) | Where there is sent to the proprietor of a school other than a maintained |
| 35 |
| |
(a) | a report of a section 28 inspection of the school, or |
| |
(b) | a report of an inspection of the school made by a member of the |
| |
Inspectorate in which that person is required by section 35(1)(b) to state |
| |
that he is of the opinion that special measures are required to be taken |
| 40 |
in relation to the school or that the school requires significant |
| |
| |
| the proprietor of the school must prepare a written statement of the action |
| |
which he proposes to take in the light of the report and the period within which |
| |
| 45 |
(2) | It is the duty of the proprietor to prepare the statement within the period |
| |
allowed by this subsection, that is— |
| |
(a) | such period as may be prescribed, or |
| |
|
| |
|
| |
|
| |
(i) | the report states that the person making it is of the opinion that |
| |
special measures are required to be taken in relation to the |
| |
school or that the school requires significant improvement, and |
| |
(ii) | either that person is a member of the Inspectorate or the report |
| 5 |
states that the Chief Inspector agrees with his opinion, and |
| |
(iii) | the Assembly is of the opinion that the urgency of the case |
| |
requires a shorter period, |
| |
| such shorter period as the Assembly may direct; |
| |
| but this subsection does not relieve the proprietor of the school of any duty to |
| 10 |
prepare a statement which has not been performed within that period. |
| |
(3) | Where such a statement has been prepared by the proprietor of the school, he |
| |
must, before the end of the prescribed period, send copies of it— |
| |
(a) | to the Chief Inspector, |
| |
| 15 |
(c) | in such circumstances as may be prescribed, to such other persons (if |
| |
any) as may be prescribed. |
| |
(4) | In the case of a special school which is not a community or foundation special |
| |
school, the proprietor of the school must, before the end of the prescribed |
| |
period, send a copy of any such statement prepared by him to any local |
| 20 |
education authority that is paying fees in respect of the attendance of a |
| |
registered pupil at the school. |
| |
(5) | The proprietor of the school must— |
| |
(a) | make any statement prepared by him under this section available for |
| |
inspection by members of the public, at such times and at such place as |
| 25 |
| |
(b) | provide a copy of the statement, free of charge or in prescribed cases on |
| |
payment of such fee as he thinks fit (not exceeding the cost of supply) |
| |
to any person who asks for one, and |
| |
(c) | take such steps as are reasonably practicable to secure that every |
| 30 |
registered parent of a registered pupil at the school receives a copy of |
| |
the statement as soon as is reasonably practicable. |
| |
(6) | The duty under subsection (5)(c) is to be taken to be satisfied by the proprietor |
| |
| |
(a) | takes such steps as are reasonably practicable to secure that every |
| 35 |
registered parent of a registered pupil at the school receives, as soon as |
| |
is reasonably practicable, a copy of a document prepared by the |
| |
| |
(i) | summarises the statement, and |
| |
(ii) | contains a statement of the right to request a copy of it under |
| 40 |
| |
(b) | provides a copy of the statement to every registered parent of a |
| |
registered pupil at the school who asks for one. |
| |
Interpretation of Chapter |
| |
43 | Interpretation of Chapter 4 |
| 45 |
| |
|
| |
|
| |
|
“the appropriate appointing authority”, in relation to a voluntary aided |
| |
| |
(a) | the appropriate diocesan authority, if it is a Church in Wales |
| |
school, a Church of England school or a Roman Catholic Church |
| |
| 5 |
(b) | in any other case, the person who appoints the foundation |
| |
| |
“the appropriate authority”, in relation to a maintained school, means the |
| |
school’s governing body or, if the school does not have a delegated |
| |
budget, the local education authority; |
| 10 |
“the Chief Inspector” means Her Majesty’s Chief Inspector of Education |
| |
| |
“maintained school” means a community, foundation or voluntary |
| |
school, a community or foundation special school or a maintained |
| |
| 15 |
“member of the Inspectorate” means the Chief Inspector, any of Her |
| |
Majesty’s Inspectors of Education and Training in Wales and any |
| |
additional inspector appointed under paragraph 2 of Schedule 2; |
| |
“prescribed” means prescribed by regulations; |
| |
“regulations” means regulations made by the Assembly under this |
| 20 |
| |
“section 28 inspection” means an inspection under section 28. |
| |
| |
| |
44 | Categories of schools causing concern |
| 25 |
(1) | For the purposes of this Part, special measures are required to be taken in |
| |
| |
(a) | the school is failing to give its pupils an acceptable standard of |
| |
| |
(b) | the persons responsible for leading, managing or governing the school |
| 30 |
are not demonstrating the capacity to secure the necessary |
| |
improvement in the school. |
| |
(2) | For the purposes of this Part, a school requires significant improvement if, |
| |
although not falling within subsection (1), it is performing significantly less |
| |
well than it might in all the circumstances reasonably be expected to perform. |
| 35 |
45 | Cases where Secretary of State or Assembly may direct closure of school |
| |
In section 19 of the School Standards and Framework Act 1998 (c. 31) (power |
| |
of Secretary of State to direct closure of school), for subsection (1) substitute— |
| |
“(1) | If at any time section 15 applies to a maintained school by virtue of |
| |
subsection (6) of that section (school requiring special measures), the |
| 40 |
Secretary of State may give a direction to the local education authority |
| |
requiring the school to be discontinued on a date specified in the |
| |
| |
|
| |
|