Part II New framework for maintained schools

Chapter V Staffing and conduct of schools

Discipline: general

C1C862F4Local authority’s reserve power to prevent a breakdown of discipline.

C2C4C61

The F4local authorityF5in England may, in the circumstances mentioned in subsection (2) or where F2subsection (2A) F6... applies, take such steps in relation to a maintained school as they consider are required to prevent the breakdown, or continuing breakdown, of discipline at the school.

C2C4C62

The circumstances are that—

a

in the opinion of the authority—

i

the behaviour of registered pupils at the school, or

ii

any action taken by such pupils or their parents,

is such that the education of any registered pupils at the school is (or is likely in the immediate future to become) severely prejudiced; and

b

the governing body have been informed in writing of the authority’s opinion.

F32A

This subsection applies where, in the case of a school in England—

a

a warning notice has been given in accordance with section 60(2) of the Education and Inspections Act 2006 (“the 2006 Act”) referring to the safety of pupils or staff at the school being threatened by a breakdown of discipline at the school,

b

the governing body have failed to comply, or secure compliance, with the notice to the authority's satisfaction within the compliance period, and

c

the authority have given reasonable notice in writing to the governing body that they propose to exercise their powers under subsection (1) of this section (whether or not in conjunction with exercising their powers under any one or more of sections 63 to 66 of the 2006 Act);

and a notice under paragraph (c) of this subsection may be combined with a notice under section 60(2) of the 2006 Act.

F73

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

C3C5C74

Steps taken by a F4local authority under subsection (1) may include the giving of any direction to the governing body or head teacher.

F15

In this section “maintained school” includes a maintained nursery school.