School Inspections Act 1996 (repealed)

17 Special measures by appropriate authority. E+W

(1) Where there is sent to the appropriate authority for a school falling within section 11(2) either—

(a) a report of a section 10 inspection of the school, or

(b) a report of an inspection of the school by a member of the Inspectorate in which that person is required by section 14(1)(b) to state that he is of the opinion that special measures are required to be taken in relation to the school,

the appropriate authority shall prepare a written statement of the action which they propose to take in the light of the report and the period within which they propose to take it.

(2) It is the duty of the appropriate authority to prepare the statement within the period allowed by this subsection, that is—

(a) such period as may be prescribed, or

(b) if—

(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, and

(ii) either that person is a member of the Inspectorate or the report states that the Chief Inspector agrees with his opinion, and

(iii) the Secretary of State is of the opinion that the urgency of the case requires a shorter period,

such shorter period as the Secretary of State may direct;

but this subsection does not relieve the appropriate authority of any duty to prepare a statement which has not been performed within that period.

(3) Where such a statement has been prepared by the appropriate authority they shall, before the end of the prescribed period, send copies of it—

(a) to the Chief Inspector;

(b) in the case of [F1 a community, foundation or voluntary or community or foundation special school] [F2 or maintained nursery school], to whichever of the governing body and the local education authority are not the appropriate authority; [F3 and]

F4 (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d) in such circumstances as may be prescribed, to such other persons (if any) as may be prescribed.

(4) If in the case of [F5 a community, foundation or voluntary or community or foundation special school] [F6 or maintained nursery school ]—

(a) the statement is prepared in response to a report of an inspection of the school in which the person who made the report states that in his opinion special measures are required to be taken in relation to the school, and

(b) either that person is a member of the Inspectorate or the report states that the Chief Inspector agrees with his opinion,

the appropriate authority shall, before the end of the prescribed period, send a copy of the statement to the Secretary of State.

(5) The appropriate authority shall also send a copy of the statement—

(a) in the case of a school having foundation governors, to the person who appoints them and (if different) to the appropriate appointing authority;

F7 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F7 (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) The appropriate authority shall—

(a) make any statement prepared by them under this section available for inspection by members of the public, at such times and at such place as may be reasonable;

(b) provide a copy of the statement, free of charge or in prescribed cases on payment of such fee as they think fit (not exceeding the cost of supply); and

(c) take such steps as are reasonably practicable to secure that every registered parent of a registered pupil at the school receives a copy of the statement as soon as is reasonably practicable.

[F8 (6A) The duty under subsection (6)(c) shall be taken to be satisfied by the appropriate authority if they—

(a) take such steps as are reasonably practicable to secure that every registered parent of a registered pupil at the school receives, as soon as is reasonably practicable, a copy of a document prepared by them which—

(i) summarises the statement, and

(ii) contains a statement of the right to request a copy of it under paragraph (b) below, and

(b) provide a copy of the statement to every registered parent of a registered pupil at the school who asks for one.]

(7) Where the governing body of a school have prepared a statement under this section, they shall in the report [F9 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 carried into effect.

Textual Amendments

F1 Words in s. 17(3)(b) substituted (1.9.1999) by 1998 c. 31, s. 140(1), Sch. 30 para. 195(2)(a)(i) (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1

F2 Words in s. 17(3)(b) inserted (1.9.2003 for E., 31.10.2005 for W.) by Education Act 2002 (c. 32), s. 216(4), Sch. 21 para. 63(a) (with ss. 210(8), 214(4)); S.I. 2003/1667, art. 4; S.I. 2005/2910, art. 4, Sch.

F3 Word in s. 17(3)(b) inserted (1.9.1999) by 1998 c. 31, ss. 140(1), Sch. 30 para. 195(2)(a)(ii) (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1

F4 S. 17(3)(c) repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 195(2)(b), Sch.31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch.1

F5 Words in s. 17(4) substituted (1.9.1999) by 1998 c. 31, s. 140(1), Sch. 30 para. 195(3) (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch.1

F6 Words in s. 17(4) inserted (1.9.2003 for E., 31.10.2005 for W.) by Education Act 2002 (c. 32), s. 216(4), Sch. 21 para. 63(a) (with ss. 210(8), 214(4)); S.I. 2003/1667, art. 4; S.I. 2005/2910, art. 4, Sch.

F7 S. 17(5)(b)(c) repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 195(4), Sch.31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch.1

F8 S. 17(6A) inserted (4.4.1997) by S.I. 1997/1142, art. 2

F9 Words in s. 17(7) substituted (1.10.2002 for E., 1.9.2004 for W.) by Education Act 2002 (c. 32), ss. 215(1), 216(4), Sch. 21 para. 63(b)(with ss. 210(8), 214(4)); S.I. 2002/2439, art. 3; S.I. 2004/1728, art. 5, Sch. Pt. 2

Modifications etc. (not altering text)

C1 S. 17 applied (with modifications) (1.10.2000 for specified purposes and otherwise 1.4.2001 (E.) and 1.4.2002 (W.)) by 2000 c. 21, s. 113(1), Sch. 7 para. 6(3)(c)(4); S.I. 2000/2559, art. 2(1), Sch. Pt. I; S.I. 2001/654, art. 2(2), Sch. Pt. II; S.I. 2001/2705, art. 2(1), Sch. Pt. I

C2 S. 17 functions of a local education authority made exercisable (1.4.2002) by authorised persons (E.) by (Contracting Out (Local Education Authority Functions) (England) Order 2002 (S.I. 2002/928), art. 3, {Sch. 3 para. (b)}