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School Inspections Act 1996

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This is the original version (as it was originally enacted).

17Special measures by appropriate authority

(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 a county, voluntary or maintained special school, to whichever of the governing body and the local education authority are not the appropriate authority;

(c)in the case of a grant-maintained or grant-maintained special school, to the Secretary of State; and

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

(4)If in the case of a county, voluntary or maintained special 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;

(b)to any person named as a sponsor of the school in the instrument of government; and

(c)in the case of any school in a group of grant-maintained schools in respect of which any person has power to appoint an externally appointed core governor under a provision of the instrument of government made in pursuance of Schedule 25 to the [1996 c. 56.] Education Act 1996 (core governors for groups), to that person.

(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.

(7)Where the governing body of a school have prepared a statement under this section, they shall in the report referred to in—

(a)section 161 of the [1996 c. 56.] Education Act 1996 (governors' report in case of county, voluntary or maintained special school), or

(b)paragraph 7 of Schedule 23 to that Act (governors' report for grant-maintained school),

as the case may be, 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.

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