Education and Inspections Bill

House of Commons

Session 2005 - 06
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Other Bills before Parliament

Education and Inspections Bill

Education and Inspections Bill
Part 4 — Schools causing concern: England
36

(8)
The Chief Inspector must consider any representations made to him under
subsection (7) and may, if he thinks fit, confirm the warning notice.
(9)
The Chief Inspector must give notice in writing of his decision whether or not
to confirm the warning notice to the local education authority, the governing
body and such other persons as the Secretary of State may require.
5
(10)
In this section—
“the compliance period”, in relation to a warning notice, means—
(a)
in a case where the governing body does not make
representations under subsection (7), the initial period
mentioned in subsection (1)(b), and
10
(b)
in a case where the Chief Inspector confirms the warning notice
under subsection (8), the period beginning with the day on
which he does so and ending with the fifteenth working day
following that day;
“working day” means a day other than a Saturday, a Sunday, Christmas
15
Day, Good Friday or a day which is a bank holiday under the Banking
and Financial Dealings Act 1971 (c. 80) in England.
48
Schools requiring significant improvement
(1)
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
20
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Chapter 1 of Part 1 of that Act, the notice has not been superseded by—
25
(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
30
13(1)(a) of that Act (school requiring special measures).
(2)
For the purposes of this section, a report of an inspection under section 114 of
this Act is to be treated as a report of an inspection under Chapter 1 of Part 1 of
EA 2005.
49
School requiring special measures
35
(1)
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
40
(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.

Education and Inspections Bill
Part 4 — Schools causing concern: England
37

(2)
For the purposes of this section a report of an inspection under section 114 of
this Act is to be treated as a report of an inspection under Chapter 1 of Part 1 of
EA 2005.
Intervention by local education authority
50
Power of LEA to require governing body to enter into arrangements
5
(1)
If at any time a maintained school is eligible for intervention, then (subject to
subsection (3)) the local education 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
10
(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,
15
(c)
to make specified arrangements authorised by regulations under
section 149 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
20
federation, as defined by section 24(2) of EA 2002.
(2)
Before exercising the power conferred by subsection (1), the local education
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
25
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 47 (school
30
subject to formal 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 47(10)).
(4)
A notice under subsection (1)(a) may require the contract or other arrangement
to contain specified terms and conditions.
35
51
Power of LEA etc. to appoint additional governors
(1)
If at any time a maintained school is eligible for intervention, then (subject to
subsection (2)) the local education authority may appoint such number of
additional governors as they think fit.
(2)
Where the school is eligible for intervention by virtue of section 47 (school
40
subject to formal 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 47(10)).
(3)
In relation to any appointment made by the local education authority by virtue
of subsection (1) to the governing body of a school, the instrument of
45

Education and Inspections Bill
Part 4 — Schools causing concern: England
38

government for the school has effect as if (despite anything in regulations
under section 19 of EA 2002) it provided for the local education 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 48 or 49
5
is eligible for intervention by virtue of section 47 (school subject to
formal warning), and
(b)
the local education authority have exercised their power to appoint
additional governors under subsection (1),

the appropriate appointing authority may appoint such number of additional
10
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
15
(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
48 (school requiring significant improvement) or section 49 (school
20
requiring special measures),
(b)
the Secretary of State has not exercised his power under section 54
(power to appoint additional governors) in connection with the same
inspection falling within section 48(1)(a) or 49(1)(a),
(c)
the Secretary of State has not exercised his power under section 55
25
(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
30
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
35
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
40
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
45
in this section to the appropriate appointing authority are references—
(a)
to all those persons who have any such power acting jointly, or

Education and Inspections Bill
Part 4 — Schools causing concern: England
39

(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.
52
Power of LEA to provide for governing body to consist of interim executive
members
5
(1)
If at any time a maintained school is eligible for intervention, the local
education 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).
10
(2)
Before exercising the power conferred by subsection (1), the local education
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
15
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.
53
Power of LEA to suspend right to delegated budget
(1)
If at any time—
20
(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 local education authority may, by giving the
governing body of the school notice in writing of the suspension, suspend the
25
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 47 (school
subject to formal warning), the power conferred by subsection (1) is only
exercisable within the period of two months following the end of the
30
compliance period (as defined by section 47(10)).
(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
35
to that Act.
Intervention by Secretary of State
54
Power of Secretary of State to appoint additional governors
(1)
If at any time a maintained school is eligible for intervention by virtue of—
(a)
section 48 (school requiring significant improvement), or
40
(b)
section 49 (school requiring special measures),

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

Education and Inspections Bill
Part 4 — Schools causing concern: England
40

the governing body in place of any person who has been elected as chairman
of that body.
(2)
Before making any such appointment in relation to a voluntary aided school,
the Secretary of State must consult—
(a)
in the case of a Church of England school or a Roman Catholic Church
5
school, the appropriate diocesan authority, or
(b)
in any other case, the person who appoints the foundation governors.
(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
10
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
15
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
20
relation to a school, then—
(a)
in any such case—
(i)
the local education authority may not exercise their power
under section 53(1) or paragraph 1 of Schedule 15 to SSFA 1998
to suspend the governing body’s right to a delegated budget,
25
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
30
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)—
35
(a)
must be notified to the local education authority in writing, and
(b)
takes effect from such date as is specified in that notification.
55
Power of Secretary of State to direct closure of school
(1)
If at any time a maintained school is eligible for intervention by virtue of
section 49 (school requiring special measures), the Secretary of State may give
40
a direction to the local education authority requiring the school to be
discontinued on a date specified in the direction.
(2)
Before giving a direction under subsection (1), the Secretary of State must
consult—
(a)
the local education authority and the governing body of the school,
45

Education and Inspections Bill
Part 4 — Schools causing concern: England
41

(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 who
appoints the foundation governors,
5
(d)
in the case of a school which provides education suitable to the
requirements of persons over compulsory school age, the Learning and
Skills Council for England, and
(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
10
notice in writing of the direction to the governing body of the school and its
head teacher.
(4)
Where the local education 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 14 to 16 of this Act or in section 30 of SSFA
15
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 local education authority ceasing to maintain it.
56
Power of Secretary of State to provide for governing body to consist of interim
executive members
20
(1)
If at any time a maintained school is eligible for intervention by virtue of—
(a)
section 48 (school requiring significant improvement), or
(b)
section 49 (school requiring special measures),

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
25
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 local education authority,
30
(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
35
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 local education authority have consulted them under
subsection (2) of section 52 in relation to a proposed notice under subsection (1)
of that section.
40
Governing bodies consisting of interim executive members: further provisions
57
Governing bodies consisting of interim executive members
Schedule 6 has effect in relation to any school in respect of which a notice has
been given—

Education and Inspections Bill
Part 5 — Curriculum and entitlements
42

(a)
under section 52(1) by the local education authority, or
(b)
under section 56(1), by the Secretary of State.
Amendments relating to schools causing concern
58
Amendments relating to schools causing concern
Schedule 7 contains amendments related to the provisions of this Part.
5
Supplementary
59
Duty of LEA to have regard to guidance
A local education authority must, in exercising their functions under this Part,
have regard to any guidance given from time to time by the Secretary of State.
60
Interpretation of Part
10
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
15
the same meaning as in SSFA 1998;
“eligible for intervention”, in relation to a maintained school, has the
meaning given by section 46(2);
“maintained school” has the meaning given by section 46(1).
Part 5
20
Curriculum and entitlements
61
Curriculum requirements for the fourth key stage
(1)
For section 85 of EA 2002 (curriculum requirements for fourth key stage)
substitute—
“85
Curriculum requirements for the fourth key stage
25
(1)
For the fourth key stage, the National Curriculum for England shall
comprise—
(a)
the core and other foundation subjects,
(b)
work-related learning, and
(c)
in relation to any pupil, such other courses of study as are
30
necessary to satisfy the entitlements conferred on him by
subsection (5) and section 85A.
(2)
The National Curriculum for England shall specify programmes of
study in relation to each of the core and other foundation subjects for
the fourth key stage.
35
(3)
The following are the core subjects for the fourth key stage—
(a)
mathematics,