Part 4Powers of intervention

Local authorities

F162APower to require F2local authority in England to obtain advisory services

(1)

This section applies where—

(a)

one or more schools maintained by a F2local authority in England are for the purposes of Part 4 of the Education and Inspections Act 2006 (schools causing concern: England) eligible for intervention by virtue of either of the following provisions of that Act—

(i)

section 61 (school requiring significant improvement), or

(ii)

section 62 (school requiring special measures), and

(b)

it appears to the Secretary of State that the F2local authority —

(i)

have not been effective or are unlikely to be effective in eliminating deficiencies in the conduct of that school or those schools,

(ii)

are unlikely to be effective in eliminating deficiencies in the conduct of other schools which may in the future fall within paragraph (a), or

(iii)

maintain a disproportionate number of schools falling within that paragraph.

F3(1A)

This section also applies where it appears to the Secretary of State that—

(a)

a F2local authority in England maintain a disproportionate number of low-performing schools, and

(b)

the authority—

(i)

have not been effective or are unlikely to be effective in securing an improvement in the standards of performance of pupils at those schools, or

(ii)

are unlikely to be effective in securing an improvement in the standards of performance of pupils at other schools which may in the future be low-performing schools.

(1B)

In subsection (1A) “low-performing school” means a school at which the standards of performance of pupils are unacceptably low.

(1C)

For the purposes of subsection (1B) 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;

(c)

the standards attained by pupils at comparable schools.

(2)

The Secretary of State may direct the F2local authority to enter into a contract or other arrangement with a person specified in the direction, or a person falling within a class so specified, for the provision to the authority or the governing body of any school maintained by them (or both) of specified services of an advisory nature.

(3)

The direction may require the contract or other arrangement to contain specified terms and conditions.

(4)

In this section

  • F4 “pupil” has the same meaning as in the Education Act 1996 (see sections 3 and 19(5) of that Act);

  • “school” means a community, foundation or voluntary school, a community or foundation special school or a maintained nursery school.

(5)

Any direction given under this section shall be enforceable, on an application made on behalf of the Secretary of State, by a mandatory order.