Education and Inspections Act 2006

60 [F1 Performance standards and safety warning notice] E+W

[F2 (1) A maintained school is by virtue of this section eligible for intervention if—

(a) a relevant authority have given the governing body a warning notice in accordance with subsection (2),

(b) the period for compliance specified in the notice (“the compliance period”) has expired,

(c) the governing body have failed to comply, or secure compliance, with the notice to the relevant authority's satisfaction by the end of the compliance period, and

(d) the relevant authority have given reasonable notice in writing to the governing body that the authority proposes to exercise the authority's powers under any one or more of sections 63 to 69 (whether or not the notice is combined with a notice under section 62(2A)(c) of SSFA 1998).]

(2) A [F3 relevant 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 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 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 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 [F3 relevant 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) [F4 the compliance period for the purposes of subsection (1)(c),] and

(d) the action which the [F3 relevant authority] are minded to take (under one or more of sections 63 to [F5 69] or otherwise) if the governing body fail to take the required action.

[F6 (4A) If a local authority are notified that the Secretary of State has given a warning notice to the governing body of a maintained school the local authority may not give a warning notice unless or until the Secretary of State informs them that they may.

(4B) If the Secretary of State gives a warning notice to the governing body of a maintained school, any earlier warning notice given to the maintained school by the local authority ceases to have effect from that time.]

F7 (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) The [F3 relevant 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,

(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.

[F8 (6A) If a local authority give a warning notice to the governing body of a maintained school they must, at the same time, give a copy of it to the Secretary of State.

(6B) If the Secretary of State gives a warning notice to the governing body of a maintained school the Secretary of State must, at the same time, give a copy of it to the local authority.]

F9 (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F9 (8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F9 (9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F10 (10) In this section “relevant authority” means—

(a) the local authority, or

(b) the Secretary of State.]

Textual Amendments

F1 S. 60 title substituted (12.1.2010) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), s. 269(4), Sch. 13 para. 3; S.I. 2009/3317, art. 2, Sch.

F2 S. 60(1) substituted (18.4.2016) by Education and Adoption Act 2016 (c. 6), ss. 2(2)(b), 19(2); S.I. 2016/466, reg. 2 (with reg. 4(1))

F3 Words in s. 60 substituted (18.4.2016) by Education and Adoption Act 2016 (c. 6), ss. 2(2)(a), 19(2); S.I. 2016/466, reg. 2 (with reg. 4(1))

F4 S. 60(4)(c) substituted (18.4.2016) by Education and Adoption Act 2016 (c. 6), ss. 2(2)(c), 19(2); S.I. 2016/466, reg. 2 (with reg. 4(1))

F5 Word in s. 60(4)(d) substituted (18.4.2016) by Education and Adoption Act 2016 (c. 6), ss. 2(2)(d), 19(2); S.I. 2016/466, reg. 2 (with reg. 4(1))

F6 S. 60(4A)(4B) inserted (18.4.2016) by Education and Adoption Act 2016 (c. 6), ss. 2(2)(e), 19(2); S.I. 2016/466, reg. 2 (with reg. 4(1))

F7 S. 60(5) omitted (18.4.2016) by virtue of Education and Adoption Act 2016 (c. 6), ss. 2(2)(f), 19(2); S.I. 2016/466, reg. 2 (with reg. 4(1))

F8 S. 60(6A)(6B) inserted (18.4.2016) by Education and Adoption Act 2016 (c. 6), ss. 2(2)(g), 19(2); S.I. 2016/466, reg. 2 (with reg. 4(1))

F9 S. 60(7)-(9) omitted (18.4.2016) by virtue of Education and Adoption Act 2016 (c. 6), ss. 2(2)(h), 19(2); S.I. 2016/466, reg. 2 (with reg. 4(1))

F10 S. 60(10) substituted (18.4.2016) by Education and Adoption Act 2016 (c. 6), ss. 2(2)(i), 19(2); S.I. 2016/466, reg. 2 (with reg. 4(1))

Commencement Information

I1 S. 60 in force at 1.4.2007 by S.I. 2007/935, art. 5(j)