Apprenticeships, Skills, Children and Learning Act 2009

Section 203

Schedule 13 Powers in relation to schools causing concern: England

1 Part 4 of the Education and Inspections Act 2006 (c. 40) (schools causing concern: England) is amended as follows.

2 (1) Section 59(2) (meaning of schools being “eligible for intervention”) is amended as follows.

(2) For “warning notice by local education authority” substitute “performance standards and safety warning notice”.

(3) Before “section 61” insert—

• “section 60A (teachers’ pay and conditions warning notice),”.

3 For the title of section 60 substitute “Performance standards and safety warning notice”.

4 After section 60 insert—

“60A Teachers’ pay and conditions warning notice

(1) A maintained school is by virtue of this section eligible for intervention if—

(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,

(c) either the governing body made no representations under subsection (7) to the local education authority against the warning notice during the initial period or the local education authority have confirmed the warning notice under subsection (8),

(d) the governing body have failed to comply, or secure compliance, with 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 64 to 66.

(2) A local education authority may give a warning notice to the governing body of a maintained school where the authority are satisfied that—

(a) the governing body have failed to comply with a provision of an order under section 122 of EA 2002 (teachers’ pay and conditions) that applies to a teacher at the school, or

(b) the governing body have failed to secure that the head teacher of the school complies with such a provision.

(3) In subsection (2) references to an order under section 122 of EA 2002 include a document by reference to which provision is made in such an order.

(4) For the purposes of this section a “warning notice” is a notice in writing by the local education authority setting out—

(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

(d) the action which the local education authority are minded to take (under one or more of sections 64 to 66 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.

(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 head teacher of the school,

(b) in the case of a Church of England school or a Roman Catholic Church school, the appropriate diocesan authority, and

(c) in the case of a foundation or voluntary school, the person who appoints the foundation governors.

(7) Before the end of the initial period, the governing body may make representations in writing to the local education authority against the warning notice.

(8) The local education authority must consider any representations made to them under subsection (7) and may, if they think fit, confirm the warning notice.

(9) The local education authority must give notice in writing of their decision whether or not to confirm the warning notice to the governing body and such other persons as the Secretary of State may require.

(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

(b) in a case where the local education authority confirm the warning notice under subsection (8), the period beginning with the day on which they do so and ending with the fifteenth working day following that day.”

5 (1) Section 63 (power of LEA to require governing body to enter into arrangements) is amended as follows.

(2) In subsection (1) after “eligible for intervention” insert “other than by virtue of section 60A”.

(3) In subsection (3) for “formal warning” substitute “performance standards and safety warning”.

6 (1) Section 64 (power of LEA etc to appoint additional governors) is amended as follows.

(2) In subsection (1) for “subsection (2)” substitute “subsections (1A) and (2)”.

(3) After subsection (1) insert—

“(1A) Subsection (1) does not apply if the Secretary of State has exercised the power under section 67 (power to appoint additional governors) in connection with—

(a) the same warning notice, where the school is eligible for intervention by virtue of section 60 (school subject to performance standards and safety warning) or 60A (school subject to teachers’ pay and conditions warning), or

(b) the same inspection falling within section 61(a) or 62(a), where the school is eligible for intervention by virtue of section 61 (school requiring significant improvement) or 62 (school requiring special measures).”

(4) In subsection (2)—

(a) for “formal warning)” substitute “performance standards and safety warning) or 60A (school subject to teachers’ pay and conditions warning)”, and

(b) after “60(10)” insert “or as the case may be section 60A(10)”.

(5) In subsection (4)—

(a) in paragraph (a) for “formal warning)” substitute “performance standards and safety warning) or 60A (school subject to teachers’ pay and conditions warning)”,

(b) after paragraph (b) insert—

“and

(c) the Secretary of State has not exercised the power under section 67 in connection with the same warning notice,”.

7 In section 66(2) (power of LEA to suspend right to delegated budget)—

(a) for “formal warning)” substitute “performance standards and safety warning) or 60A (school subject to teachers’ pay and conditions warning)”, and

(b) after “60(10)” insert “or as the case may be section 60A(10)”.

8 In section 67(1) (power of Secretary of State to appoint additional governors) omit the words from “by virtue of” to “special measures)”.

9 In section 69(1) (power of Secretary of State to provide for governing body to consist of interim executive members) omit the words from “by virtue of” to “special measures)”.

10 After section 69 insert—

“69A Power of Secretary of State to direct LEA to consider giving performance standards and safety warning notice

(1) This section applies if the Secretary of State thinks that the conditions in subsections (2) and (3) are met.

(2) The condition is that there are reasonable grounds for a local education authority to give a warning notice to the governing body of a maintained school under section 60 (performance standards and safety warning notice).

(3) The condition is that one of the following applies—

(a) the authority have not given a warning notice to the governing body under section 60 on those grounds;

(b) the authority have done so, but in inadequate terms;

(c) the authority have given a warning notice to the governing body under section 60 on those grounds, but the Chief Inspector has failed or declined to confirm it;

(d) the school has become eligible for intervention on those grounds by virtue of section 60, but the period of two months following the end of the compliance period (as defined by section 60(10)) has ended.

(4) The Secretary of State may direct the local education authority to consider giving a warning notice to the governing body under section 60 in the terms specified in the direction.

(5) A direction under subsection (4) must be in writing.

(6) If the Secretary of State gives a direction under subsection (4) to a local education authority in respect of a governing body, the authority must—

(a) give the Secretary of State a written response to the direction before the end of the period of 10 working days beginning with the day on which the direction is given, and

(b) on the same day as they do so, give the Chief Inspector a copy of the response.

(7) The local education authority’s response to the direction must do one of the following—

(a) state that the authority have decided to give a warning notice to the governing body in the specified terms;

(b) state that the authority have decided not to give a warning notice to the governing body in those terms.

(8) If the response states that the authority have decided to give a warning notice to the governing body in the specified terms, the authority must—

(a) give the warning notice to the governing body in those terms before the end of the period of 5 working days beginning with the day on which the response is given (and withdraw any previous warning notice given to the governing body under section 60), and

(b) on the same day as they do so, give the Secretary of State a copy of the notice.

(9) If the response states that the authority have decided not to give a warning notice to the governing body in the specified terms, it must set out the authority’s reasons for the decision.

(10) Subsection (8)(b) applies in addition to section 60(6).

69B Power of Secretary of State to direct LEA to give teachers’ pay and conditions warning notice

(1) This section applies if the Secretary of State thinks that the conditions in subsections (2) and (3) are met.

(2) The condition is that there are reasonable grounds for a local education authority to give a warning notice to the governing body of a maintained school under section 60A (teachers’ pay and conditions warning notice).

(3) The condition is that one of the following applies—

(a) the authority have not given a warning notice to the governing body under section 60A on those grounds;

(b) the authority have done so, but in inadequate terms;

(c) the authority have given a warning notice to the governing body under section 60A on those grounds, but have declined or failed to confirm it;

(d) the school has become eligible for intervention on those grounds by virtue of section 60A, but the period of two months following the end of the compliance period (as defined by section 60A(10)) has ended.

(4) The Secretary of State may direct the local education authority to consider giving a warning notice to the governing body under section 60A in the terms specified in the direction.

(5) If the Secretary of State gives a direction under subsection (4) to a local education authority in respect of a governing body, the authority must—

(a) give a copy of the direction to the governing body before the end of the period of 2 working days beginning with the day on which the direction is given,

(b) when it does so, invite the governing body to give the authority a written response before the end of the period of 7 working days beginning with the day on which the direction is given, and

(c) give the Secretary of State the authority’s written response, and any response received from the governing body in accordance with paragraph (b), before the end of the period of 10 working days beginning with the day on which the direction is given.

(6) The local education authority’s response to the direction must do one of the following—

(a) state that the authority have decided to give a warning notice to the governing body in the specified terms;

(b) state that the authority have decided not to give a warning notice to the governing body in those terms.

(7) If the response states that the authority have decided to give a warning notice to the governing body in the specified terms, the authority must—

(a) give the warning notice to the governing body in those terms before the end of the period of 5 working days beginning with the day on which the response is given (and withdraw any previous warning notice given to the governing body under section 60A), and

(b) on the same day as they do so, give the Secretary of State a copy of the notice.

(8) If the response states that the authority have decided not to give a warning notice to the governing body in the specified terms—

(a) the response must set out the authority’s reasons for the decision, and

(b) the Secretary of State may direct the authority to give the warning notice to the governing body in those terms (and to withdraw any previous warning notice given to the governing body under section 60A).

(9) If the Secretary of State directs the authority under subsection (8)(b) to give a warning notice to the governing body in the specified terms, the authority must—

(a) comply with the direction under subsection (8)(b) before the end of the period of 5 working days beginning with the day on which that direction is given, and

(b) on the same day as they do so, give the Secretary of State a copy of the notice.

(10) Subsections (7)(b) and (9)(b) apply in addition to section 60A(6).

(11) A direction under this section must be in writing.”

11 In section 73 (interpretation of Part 4) at the end insert—

• ““working day” has the meaning given by section 60(10).”