Legalize / United Kingdom / Wales / Act of Senedd Cymru

School Standards and Organisation (Wales) Act 2013

Type Act of Senedd Cymru

Publication 2013-03-04

State In force

Jurisdiction Wales

Department Statute Law Database

Source legislation.gov.uk

Reform history JSON API

PART 1 — INTRODUCTION

Overview of this Act

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(1) This Act has 6 Parts.

(2) Part 2 is divided into 3 Chapters containing provisions concerned with maintaining and improving standards—

(a) in maintained schools, and

(b) in the exercise of education functions by local authorities.

(3) Chapter 1 of Part 2 (including Schedule 1 )—

(a) sets out the grounds for intervention by local authorities and the Welsh Ministers in the conduct of maintained schools that are causing concern, and

(b) provides a range of intervention powers to enable local authorities and the Welsh Ministers to deal with the causes of concern.

(4) Chapter 2—

(a) sets out the grounds for intervention by the Welsh Ministers in the exercise of education functions by local authorities that are causing concern, and

(b) provides a range of intervention powers to enable the Welsh Ministers to deal with the causes of concern.

(5) Chapter 3 makes provision for the Welsh Ministers to give guidance to the governing bodies of maintained schools, the head teachers of such schools and local authorities on how functions should be exercised with a view to improving the standard of education provided in maintained schools.

(6) Part 3 is divided into 6 Chapters containing provision about the organisation of maintained schools.

(7) Chapter 1 of Part 3 provides for a School Organisation Code about the exercise of functions under Part 3.

(8) Chapter 2 (including Schedules 2 to 4) makes provision requiring the establishment, alteration and discontinuance of maintained schools in accordance with a specified process.

(9) Chapter 3 provides for the rationalisation of school places if the Welsh Ministers are of the opinion that there is excessive or insufficient provision for primary or secondary education in maintained schools.

(9A) Chapter 3A provides for powers for the Commission for Tertiary Education and Research to‍ restructure sixth form education.

(10) Chapter 4 provides for the making of regional provision for special educational additional learning needs.

(11) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(12) Chapter 6 provides for miscellaneous and supplemental matters relating to school organisation.

(13) Part 4 makes provision for Welsh in education strategic plans, which are to be—

(a) prepared by local authorities,

(b) approved by the Welsh Ministers, and

(14) Part 4 also provides a power exercisable by regulations for the Welsh Ministers to require local authorities to carry out an assessment of the demand among parents for Welsh medium education for their children (section 86).

(15) Part 5 makes provision about miscellaneous functions relating to maintained schools, including provision—

(a) requiring local authorities to provide breakfasts for pupils at maintained primary schools at the request of the governing bodies of those schools (sections 88 to 90);

(b) amending the existing powers of local authorities and governing bodies to charge for school meals, so that—

(i) a related requirement to charge every person the same price for the same quantity of the same item is removed, and

(ii) a new requirement that the price charged for an item does not exceed the cost of providing that item is imposed (section 91);

(c) requiring local authorities to secure reasonable provision for a service providing counselling in respect of health, emotional and social needs for specified school pupils and other children (section 92);

(d) requiring governing bodies of maintained schools to hold a meeting if requested to do so by parents in a petition (section 94) and repealing an existing duty to hold an annual parents' meeting (section 95);

(e) repealing the Welsh Ministers' duty to issue a code of practice for securing effective relationships between local authorities and maintained schools (section 96).

(16) Part 6—

(a) introduces Schedule 5, which makes minor and consequential amendments to other legislation arising from the provisions of this Act;

(b) contains definitions that apply for the purposes of this Act generally and an index of definitions that apply to a number of provisions, but not the whole Act (section 98);

PART 2 — STANDARDS

CHAPTER 1 — INTERVENTION IN CONDUCT OF MAINTAINED SCHOOLS

Grounds for intervention

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For the purposes of this Chapter, the grounds for intervention in the conduct of a maintained school are as follows—

GROUND 1 -The standards of performance of pupils at the school are unacceptably low.For this purpose, the standards of performance of pupils are low if they are low by reference to any one or more of the following—the standards that the pupils might in all the circumstances reasonably be expected to attain;where relevant, the standards previously attained by them;the standards attained by pupils at comparable schools.

GROUND 2 - There has been a breakdown in the way the school is managed or governed.

GROUND 3 - The behaviour of pupils at the school or any action taken by those pupils or their parents is severely prejudicing, or is likely to severely prejudice, the education of any pupils at the school.

GROUND 4 - The safety of pupils or staff of the school is threatened (whether by a breakdown of discipline or otherwise).

GROUND 5 - The governing body or head teacher has failed, or is likely to fail, to comply with a duty under the Education Acts.

GROUND 6 -The governing body or head teacher has acted, or is proposing to act, unreasonably in the exercise of any of its or his or her functions under the Education Acts.

GROUND 7 - Her Majesty's Chief Inspector of Education and Training in Wales (“the Chief Inspector”) has given a notice under section 37(2) of the Education Act 2005 that the school requires significant improvement and that notice has not been superseded by—the Chief Inspector giving notice under that section that special measures are required to be taken in relation to the school, ora person making a subsequent inspection making a report stating that in his or her opinion the school no longer requires significant improvement.

GROUND 8 - Her Majesty's Chief Inspector of Education and Training in Wales has given a notice under section 37(2) of the Education Act 2005 that special measures are required to be taken in relation to the school and that notice has not been superseded by a person making a subsequent inspection making a report stating that in his or her opinion the school no longer requires special measures.

Intervention by a local authority

Warning notice

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(1) If a local authority is satisfied that one or more of grounds 1 to 6 exist in relation to one of its maintained schools, the authority may give a warning notice to the governing body of the school.

(2) The local authority must specify each of the following in the warning notice—

(a) the grounds for intervention;

(b) the reasons why the authority is satisfied that the grounds exist;

(d) the period within which the action is to be taken by the governing body (“the compliance period”);

(e) the action the authority is minded to take if the governing body fails to take the required action.

(3) If the local authority gives a warning notice to the governing body of a school, it must at the same time give a copy of the warning notice to—

(a) the head teacher;

(b) if the school is a foundation or voluntary school—

(i) the person who appoints the foundation governors, and

(ii) if the school has a religious character, the appropriate religious body;

Power to intervene

4

(1) A local authority has the power to intervene in the conduct of one of its maintained schools under this Chapter if subsection (2), (3) or (4) applies.

(2) This subsection applies if—

(a) the local authority has given a warning notice under section 3 to the governing body of the school, and

(b) the governing body has failed to comply, or secure compliance, with the notice to the authority's satisfaction within the compliance period.

(3) This subsection applies if the local authority is satisfied that one or more of grounds 1 to 6 exist in relation to the school and it has reason to believe that there is a related risk to the health or safety of any person that calls for urgent intervention under this Chapter.

(4) This subsection applies if—

(a) ground 7 (school requiring significant improvement) or ground 8 (school requiring special measures) exists in relation to the school, and

(b) a period of not less than 10 days has elapsed since the date on which the Chief Inspector gave notice to the local authority under section 37(2) of the Education Act 2005, subject to subsection (5).

(5) The Welsh Ministers may, in relation to a particular school, determine that subsection (4) (b) has effect as if the reference to 10 days were to a shorter period specified in the determination.

(6) Where a local authority has the power to intervene, it must keep the circumstances giving rise to the power under review.

(7) If the authority concludes that the grounds for intervention have been dealt with to its satisfaction or that exercise of its powers under this Chapter would not be appropriate for any other reason, it must notify the governing body of its conclusion in writing.

(8) If a local authority gives notice under subsection (7), it must at the same time send a copy of the notice to—

(a) in the case of a foundation or voluntary school—

(i) the person who appoints the foundation governors, and

(ii) if the school has a religious character, the appropriate religious body, and

(b) the Welsh Ministers.

(9) A local authority's power to intervene continues in effect until one of the following events takes place—

(a) the authority gives notice under subsection (7);

(b) the Welsh Ministers determine that the power to intervene is no longer in effect and give notice in writing to the local authority and the governing body of their determination;

(10) A local authority which has the power to intervene is not limited to taking the action it said it was minded to take in a warning notice.

Power to require governing body to secure advice or collaborate

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(1) This section applies if a local authority has the power to intervene in the conduct of one of its maintained schools.

(2) The local authority may, with a view to improving the performance of the school, direct the governing body of the school to do either or both of the following—

(a) enter into a contract or other arrangement with a specified person (who may be the governing body of another school) for the provision to the governing body of specified services of an advisory nature;

(b) exercise such of the powers under section 5(2) of the Education (Wales) Measure 2011 (powers to collaborate) as are specified in the direction, subject to provision made in regulations under section 6 of that Measure.

(3) Before giving a direction the local authority must consult—

(a) the governing body of the school, and

(b) in the case of a foundation or voluntary school—

(i) the person who appoints the foundation governors, and

(ii) if the school has a religious character, the appropriate religious body.

(4) A direction under subsection (2)(a) may require the contract or other arrangement to contain specified terms and conditions.

Power to appoint additional governors

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(1) This section applies if a local authority has the power to intervene in the conduct of one of its maintained schools.

(2) The local authority may appoint as many additional governors to the governing body of the school as it thinks fit; and the instrument of government for the school has effect as if it provided for such appointments (despite anything in regulations under section 19 of the Education Act 2002).

(3) The local authority may nominate one of those governors to be the chair of the governing body in place of any person who has been elected as chair of that body.

(4) Before making any such appointment or nomination in relation to a voluntary aided school, the local authority must consult—

(a) the person who appoints the foundation governors, and

(b) if the school has a religious character, the appropriate religious body.

(5) A governor appointed under this section is to hold office for a period determined by the local authority.

(6) A governor nominated by the local authority to be the chair of the governing body is to be the chair for a period determined by the local authority.

(7) The local authority may pay remuneration and allowances to governors appointed under this section.

Power of local authority to constitute governing body of interim executive members

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(1) This section applies if a local authority has the power to intervene in the conduct of one of its maintained schools.

(2) The local authority may give the governing body of the school a notice in writing stating that, as from a date specified in the notice, the governing body is to be constituted in accordance with Schedule 1 (governing bodies consisting of interim executive members).

(3) Before giving a notice the local authority must—

(a) consult the governing body of the school,

(b) in the case of a foundation or voluntary school, consult—

(i) the person who appoints the foundation governors, and

(ii) if the school has a religious character, the appropriate religious body, and

Power of local authority to suspend right to delegated budget

8

(1) This section applies if—

(a) a local authority has the power to intervene in the conduct of a maintained school, and

(b) the school has a delegated budget within the meaning of Part 2 of the School Standards and Framework Act 1998.

(2) The local authority may suspend the governing body's right to a delegated budget by giving the governing body notice of the suspension.

(3) The suspension of the right to a delegated budget takes effect on receipt of the notice by the governing body.

(4) If the local authority gives a notice suspending the right to a delegated budget, it must give a copy of the notice to the head teacher at the same time.

(5) A suspension imposed under this section has effect for the purposes of Chapter 4 of Part 2 of the School Standards and Framework Act 1998 (financing of maintained schools) as if made under paragraph 1 of Schedule 15 to that Act (suspension of financial delegation).

General power to give directions and take steps

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(1) This section applies if the local authority has the power to intervene in the conduct of one of its maintained schools.

(2) If the local authority thinks it is appropriate for the purposes of dealing with the grounds for intervention, the authority may—

(a) give directions to the governing body or head teacher, or

(b) take any other steps.

Intervention by the Welsh Ministers

Warning notice

10

(1) The Welsh Ministers may give a warning notice to the governing body of a maintained school if—

(a) they are satisfied that one or more of grounds 1 to 6 exist in relation to the school, and

(b) the local authority that maintains the school either—

(i) has not given a warning notice to the governing body under section 3 on one or more of those grounds, or

(ii) has given a warning notice, but in terms that are inadequate in the opinion of the Welsh Ministers.

(2) The Welsh Ministers must specify each of the following in the warning notice—

(a) the grounds for intervention;

(b) the reasons why they are satisfied that the grounds exist;

(d) the period within which the action is to be taken by the governing body (“the compliance period”);

(e) the action they are minded to take if the governing body fails to take the required action.

(3) If the Welsh Ministers give a warning notice to the governing body of a school, they must at the same time as they give the warning notice to the governing body give a copy of the warning notice to—

(a) the local authority;

(b) the head teacher;

(i) the person who appoints the foundation governors, and

(ii) if the school has a religious character, the appropriate religious body.

Power of the Welsh Ministers to intervene

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(1) The Welsh Ministers have the power to intervene in the conduct of a maintained school under this Chapter if subsection (2), (3), (4) or (5) applies.

(2) This subsection applies if—

(a) the local authority has given a warning notice under section 3 to the governing body of the school,

(b) the governing body has failed to comply, or secure compliance, with the notice to the Welsh Ministers' satisfaction within the compliance period, and

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