Part 4Schools causing concern: England
Intervention by Secretary of State
68Power of Secretary of State to direct closure of school
1
If at any time a maintained school is eligible for intervention by virtue of section 62 (school requiring special measures), the Secretary of State may give a direction to the local education authority requiring the school to be discontinued on a date specified in the direction.
2
Before giving a direction under subsection (1), the Secretary of State must consult—
a
the local education authority and the governing body of the school,
b
in the case of a foundation or voluntary school which is a Church of England school or a Roman Catholic Church school, the appropriate diocesan authority,
c
in the case of any other foundation or voluntary school, the person or persons by whom the foundation governors are appointed,
d
in the case of a school which provides education suitable to the requirements of persons over compulsory school age, the Learning and Skills Council for England, and
e
such other persons as the Secretary of State considers appropriate.
3
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.
4
Where the 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 sections 15 to 17 of this Act or in section 30 of SSFA 1998 applies to their discontinuance of the school under this section.
5
In this section any reference to the discontinuance of a maintained school is a reference to the local education authority ceasing to maintain it.