The School Governance (Federations) (England) Regulations 2012

PART 6 FEDERATED SCHOOLS LEAVING FEDERATIONS

Procedure for a school to leave a federation

30.—(1) This regulation applies to a request made to the 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) the parents of at least one fifth of the registered pupils at the relevant school;

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

(d) the local 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 local 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, the trustees of any 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 the governing body of the federation 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 one week 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 the governing body of a federation if given or sent to the chair or to the clerk of the governing body of the federation.

(6) Not less than 14 days after the governing body of the 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 notice of the request was given 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 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 the federation must give notice in writing of their decision under paragraph (6) within one week of the decision to those persons referred to in paragraph (3).

(9) Where the governing body of the federation decide under paragraph (6)(a) that the relevant school should leave the federation, the governing body must notify the Secretary of State in writing within one week of that decision.

Decision to permit federated school to leave a federation

31.—(1) Where a governing body of a federation have resolved that a federated school should leave the federation paragraph (2) or (3) applies.

(2) Where one of only two federated schools is to leave a federation, regulations 35 and 36 apply to the governing body.

(3) Where a governing body have given notice to a local authority pursuant to regulation 30(8) that a decision has been made that a federated school should leave the federation,

(a) the local authority, on receipt of that notice, must—

(i) establish a temporary governing body in respect of the school leaving the federation in accordance with Parts 3 and 4 of the New Schools Regulations; and

(ii) make a new instrument of government for that school in accordance with Part 5 of the Constitution Regulations 2012; and

(b) the governing body of the federation must review the instrument of government of the federation in accordance with regulation 30 of the Constitution Regulations 2012.

(4) On the de-federation date the temporary governing body of the de-federated school are incorporated as the governing body of that school under the name given in the school’s instrument of government.

(5) For the purpose of paragraph (3)(a)(ii)—

(a) the reference in regulation 27 of the Constitution Regulations 2012 to “governing bodies” is treated as a reference to “temporary governing bodies”; and

(b) references in regulation 29 of the Constitution Regulations 2012 to—

(i) “governing body” are treated as references to “temporary governing body”, and

(ii) “foundation governors” are treated as references to “temporary foundation governors”.

Availability of amounts representing budget share

32.  Subject to any provision made by or under a scheme made under section 48(1) of SSFA 1998, the temporary governing body of a school leaving a federation may spend any sum made available by the local authority under section 50(1) of that Act to the governing body of the federation in respect of the school leaving the federation, as they think fit for any purposes of that school.

Transfer of property, rights and liabilities

33.—(1) On the de-federation date—

(a) all land or property which, immediately before the de-federation date, was held by the governing body of the federation for the purposes of the de-federated school, transfers to, and by virtue of these Regulations vests in, the governing body incorporated under regulation 31(4); and

(b) all rights and liabilities subsisting immediately before the de-federation date which were acquired or incurred by the governing body of the federation, for the purposes of the de-federated school, transfer to the governing body incorporated under regulation 31(4).

(2) Section 198 of and Schedule 10 to ERA 1988 (which make provision in relation to transfers of property, rights and liabilities) apply in relation to transfers effected by this regulation as they apply in relation to transfers to which that section and Schedule apply.