Education and Inspections Bill

House of Lords

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
45

57
Removal of requirement to issue code of practice as to relationships between
LEAs and maintained schools in England etc
(1)
Section 127 of SSFA 1998 (code of practice for securing effective relationships
between LEAs and maintained schools) is amended as follows.
(2)
In subsection (1)—
5
(a)
for “Secretary of State” substitute “Assembly”,
(b)
for “he” substitute “it”,
(c)
after “local education authorities” insert “in Wales”, and
(d)
for paragraph (b) substitute—
“(b)
in relation to the discharge of such functions as the
10
Assembly may determine for the purposes of this
paragraph which are functions exercisable by or on
behalf of such authorities in relation to such schools.”
(3)
In subsection (2), after “maintained nursery school” insert “in Wales”.
(4)
For subsection (3) substitute—
15
“(3)
Subsections (1) and (2) of section 85 shall apply in relation to the code
as they apply in relation to a code under section 84 relating to Wales.”
(5)
In subsection (4), for “Secretary of State” substitute “Assembly”.
(6)
Omit subsections (5) and (6).
(7)
In the heading, and in the italic heading immediately above it, after
20
“maintained schools” insert “in Wales”.
Part 4
Schools causing concern: England
Introduction
58
Meaning of “maintained school” and “eligible for intervention”
25
(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.
30
(2)
In this Part, references to a school being “eligible for intervention” are to be
read in accordance with—
section 59 (warning notice by local education authority),
section 60 (school requiring significant improvement), and
section 61 (school requiring special measures).
35
Schools that are eligible for intervention
59
Warning notice by local education authority
(1)
A maintained school is by virtue of this section eligible for intervention if—

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Part 4 — Schools causing concern: England
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(a)
the local education authority have given the governing body a warning
notice in accordance with subsection (2),
(b)
the period beginning with the day on which the warning notice is given
and ending with the fifteenth working day following that day (“the
initial period”) has expired,
5
(c)
either the governing body made no representations under subsection
(7) to the Chief Inspector against the warning notice during the initial
period or the Chief Inspector has confirmed the warning notice under
subsection (8),
(d)
the governing body have failed to comply, or secure compliance, with
10
the notice to the authority’s satisfaction by the end of the compliance
period (as defined by subsection (10)), and
(e)
the authority have given reasonable notice in writing to the governing
body that they propose to exercise their powers under any one or more
of sections 62 to 65 (whether or not the notice is combined with a notice
15
under section 62(2A)(c) of SSFA 1998).
(2)
A local education 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
20
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
25
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
30
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
local education authority setting out—
35
(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)
the initial period applying under subsection (1)(b), and
40
(d)
the action which the local education authority are minded to take
(under one or more of sections 62 to 65 or otherwise) if the governing
body fail to take the required action.
(5)
The warning notice must also inform the governing body of their right to make
representations under subsection (7) during the initial period.
45
(6)
The local education 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,

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Part 4 — Schools causing concern: England
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(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.
5
(7)
Before the end of the initial period, the governing body may make
representations in writing to the Chief Inspector against the warning notice,
and must send a copy of any such representations to the local education
authority.
(8)
The Chief Inspector must consider any representations made to him under
10
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.
(10)
In this section—
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“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
(b)
in a case where the Chief Inspector confirms the warning notice
20
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
Day, Good Friday or a day which is a bank holiday under the Banking
25
and Financial Dealings Act 1971 (c. 80) in England.
60
School 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
30
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
35
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).
40
61
School 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
45
special measures), and

Education and Inspections Bill
Part 4 — Schools causing concern: England
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(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 local education authority
5
62
Power of LEA to require governing body to enter into arrangements
(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—
10
(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
15
school as may be specified,
(c)
to make specified arrangements authorised by regulations under
section 164 of this Act (collaboration arrangements: maintained schools
and further education bodies) with a further education body within the
meaning of that section, or
20
(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 local education
authority must consult—
(a)
the governing body of the school,
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(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.
30
(3)
Where the school is eligible for intervention by virtue of section 59 (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
compliance period (as defined by section 59(10)).
(4)
A notice under subsection (1)(a) may require the contract or other arrangement
35
to contain specified terms and conditions.
63
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.
40
(2)
Where the school is eligible for intervention by virtue of section 59 (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
compliance period (as defined by section 59(10)).

Education and Inspections Bill
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(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
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.
5
(4)
If at any time—
(a)
a voluntary aided school other than one falling within section 60 or 61
is eligible for intervention by virtue of section 59 (school subject to
formal warning), and
(b)
the local education authority have exercised their power to appoint
10
additional governors under subsection (1),

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)—
15
(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—
20
(a)
a voluntary aided school is eligible for intervention by virtue of section
60 (school requiring significant improvement) or section 61 (school
requiring special measures),
(b)
the Secretary of State has not exercised his power under section 66
(power to appoint additional governors) in connection with the same
25
inspection falling within section 60(a) or 61(a),
(c)
the Secretary of State has not exercised his power under section 67
(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
30
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
35
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
40
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.
45
(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

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Part 4 — Schools causing concern: England
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(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.
64
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.
65
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 59 (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 59(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
66
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 60 (school requiring significant improvement), or
40
(b)
section 61 (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

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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 local education authority,
(b)
the governing body of the school,
5
(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.
10
(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.
15
(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
20
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—
25
(i)
the local education authority may not exercise their power
under section 65(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
30
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
35
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 local education authority in writing, and
(b)
takes effect from such date as is specified in that notification.
40
67
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 61 (school requiring special measures), the Secretary of State may give
a direction to the local education authority requiring the school to be
discontinued on a date specified in the direction.
45