Part 2Establishment, discontinuance or alteration of schools
Discontinuance of schools
I115Proposals for discontinuance of schools maintained by local education authority
1
Where a local education authority in England propose to discontinue—
a
a community, foundation or voluntary school,
b
a community or foundation special school, or
c
a maintained nursery school,
the authority must publish their proposals under this section.
2
Where the governing body of—
a
a foundation or voluntary school in England, or
b
a foundation special school in England,
propose to discontinue the school, the governing body must publish their proposals under this section.
3
Proposals under this section must—
a
contain such information, and
b
be published in such manner,
as may be prescribed.
4
The matters to which the relevant body must have regard in formulating any proposals under this section in relation to a rural primary school include—
a
the likely effect of the discontinuance of the school on the local community,
b
the availability, and likely cost to the local education authority, of transport to other schools,
c
any increase in the use of motor vehicles which is likely to result from the discontinuance of the school, and the likely effects of any such increase, and
d
any alternatives to the discontinuance of the school;
and in considering these matters the relevant body must have regard to any guidance given from time to time by the Secretary of State.
5
Where any proposals are published under subsection (2), the persons making the proposals must submit the proposals in accordance with regulations to the local education authority.
6
Schedule 2 has effect in relation to the consideration, approval and implementation of proposals published under this section.
7
In this section—
a
“the relevant body” means the local education authority mentioned in subsection (1) or the governing body mentioned in subsection (2) (as the case may be);
b
“rural primary school” means a primary school designated as such for the purposes of this section by an order made by the Secretary of State.
8
In this Part any reference to a local education authority—
a
discontinuing a school, or
b
implementing proposals to discontinue a school (whether published by the authority or the governing body),
is a reference to the authority ceasing to maintain the school.
I216Consultation in relation to proposals under section 15
1
Before publishing any proposals under section 15 which relate to a school which is a rural primary school or a community or foundation special school, the relevant body must consult—
a
the registered parents of registered pupils at the school,
b
in the case of the rural primary school—
i
the local education authority (where they are not the relevant body),
ii
where the local education authority are a county council, any district council for the area in which the school is situated, and
iii
any parish council for the area in which the school is situated,
c
in the case of a community or foundation special school, any local education authority which maintain a statement under section 324 of EA 1996 (statement of special educational needs) in respect of a registered pupil at the school, and
d
such other persons as appear to the relevant body to be appropriate.
2
Before publishing any other proposals under section 15, the relevant body must consult such persons as appear to them to be appropriate.
3
In discharging their duty under subsection (1) or (2) the relevant body must have regard to any guidance given from time to time by the Secretary of State.
4
In this section “the relevant body” and “rural primary school” have the same meaning as in section 15.
I3C117Direction requiring discontinuance of community or foundation special school
1
The Secretary of State may, if he considers it expedient to do so in the interests of the health, safety or welfare of pupils at a community or foundation special school in England, give a direction to the local education authority by whom the school is maintained requiring the school to be discontinued on a date specified in the direction.
2
A direction under subsection (1) may require the local education authority to notify any persons or class of persons specified in the direction.
3
Before giving a direction under subsection (1), the Secretary of State must consult—
a
the local education authority,
b
any other local education authority who would in his opinion be affected by the discontinuance of the school,
c
in the case of a foundation special school which has a foundation, the person who appoints the foundation governors, and
d
such other persons as the Secretary of State considers appropriate.
4
On giving a direction under subsection (1), the Secretary of State must give notice in writing of the direction to the governing body of the school and its head teacher.
5
Where a local education authority are given a direction under subsection (1), they must discontinue the school in question on the date specified in the direction; and nothing in section 15 or 28 applies to any such discontinuance of the school under this section.