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.