The School Governance (Federations) (England) Regulations 2007

Procedure for a school to leave a federation

37.—(1) This regulation applies to a request made to a governing body of a federation for a federated school (“the relevant school”) to leave the federation.

(2) The request must be made in writing and signed by—

(a) two or more governors;

(b) one fifth of the parents of registered pupils at the relevant school;

(c) two fifths of staff who are paid to work at the relevant school;

(d) the authority;

(e) the trustees of the relevant school; or

(f) a body entitled to appoint foundation governors to the governing body of the federation.

(3) The governing body of the federation must give notice of the request to—

(a) all relevant authorities;

(b) the head teacher of the federation and the head teacher of each federated school;

(c) where the relevant school is a foundation or voluntary school with a religious foundation, any trustees of a trust relating to the relevant school and, in the case of a Church of England or Roman Catholic Church school, the appropriate diocesan authority, or the appropriate religious body in the case of all other such schools;

(d) all staff paid to work at the relevant school;

(e) every person known by them to be a parent of a registered pupil at the relevant school; and

(f) such other persons as the governing body of the federation consider appropriate.

(4) Notice under paragraph (3)(a) and (b) must be given within the period of 5 days beginning with the date on which the request was received.

(5) A request under paragraph (1) is to be taken to have been received by a governing body of a federation if given or sent to the chair or to the clerk of the governing body of a federation.

(6) Not less than 14 days after the governing body of a federation has given notice of the request in accordance with paragraph (3), the governing body must consider the request and all responses received from the persons to whom notification of the request was sent and must decide whether—

(a) the relevant school should leave the federation and, if so, on what date it should do so (“the de-federation date”);

(b) the federation should be dissolved, and if so, on what date; or

(c) the relevant school should not leave the federation.

(7) Such a decision does not have effect unless the matter is specified as an item of business on the agenda for the meeting of which notice has been given in accordance with regulation 11(4) of the Procedures Regulations.

(8) The governing body of a federation must give notice in writing of their decision under paragraph (6) within 5 days to those persons referred to in paragraph (3).