SCHEDULES
SCHEDULE 7F12Sixth forms requiring significant improvement
C1Part I Power to publish proposals
Sch. 7 Pt. 1: functions transferred (E.) (1.4.2002) by Contracting Out (Local Education Authority Functions) (England) Order 2002 (S.I. 2002/928), art. 3, Sch. 3 para. (p)
Secondary schools
I11
1
Paragraphs 2 to 7 apply to a maintained school (within the meaning given by section 20(7) of the M1School Standards and Framework Act 1998) which—
a
provides full-time education suitable to the requirements of pupils over compulsory school age, and
b
provides full-time education suitable to the requirements of pupils of compulsory school age.
F132
For the purposes of those paragraphs a school requires significant improvement in relation to its sixth form if—
a
the school is failing to give its pupils over compulsory school age an acceptable standard of education, or
b
in relation to its provision for pupils over compulsory school age, the school is performing significantly less well than it might in all the circumstances reasonably be expected to perform.
F142
If a person who inspects a school—
a
states in his report an opinion, in accordance with section 13(4), 34(7) or 35 (2) or (5) of the Education Act 2005 (school no longer requiring special measures), that special measures are not required to be taken in relation to the school, but
b
is of the opinion that the school requires significant improvement in relation to its sixth form,
he shall state that opinion in his report.
I23
1
This paragraph applies if in the course of an area inspection under section 65 or 83 the Chief Inspector forms the opinion that a particular school F15requires significant improvement in relation to its sixth form .
2
The Chief Inspector shall make a report about the school stating his opinion.
F163
The report shall be treated for all purposes of this Schedule and Part 1 of the Education Act 2005 (inspections) as if it were a report of an inspection of a school under section 5 or 28 of that Act.
I34
1
Parts II and III of this Schedule shall apply in relation to a school if—
a
an opinion that it F17requires significant improvement in relation to its sixth form is stated in a report in accordance with paragraph 2, and
b
where F18the report relates to a school in Wales and the person making the report is not a member of the Inspectorate, the report also states that the Chief Inspector agrees with his opinion.
2
Parts II and III of this Schedule shall also apply in relation to a school if—
F19a
a report of an inspection under Chapter 1 or 3 of Part 1 of the Education Act 2005 states the opinion that the school requires significant improvement in relation to its sixth form,
b
the next report of a kind mentioned in paragraph (a) also states that opinion,
c
F20in the case of a school in Wales each report either results from an inspection by a member of the Inspectorate or states that the Chief Inspector agrees with the opinion mentioned in paragraph (a) or (b), and
d
neither report states the opinion that special measures are required to be taken in relation to the school.
I45
1
Parts II and III of this Schedule shall cease to apply in relation to a school if a report of an inspection under F21Chapter 1 or 3 of Part 1 of the Education Act 2005 or section 65 or 83 of this Act concludes—
a
that special measures are required to be taken in relation to the school, or
b
that the school does not F22require significant improvement in relation to its sixth form.
2
Where F23, in the case of a school in Wales, the person making a report is not a member of the Inspectorate, sub-paragraph (1) shall not apply unless the report states that the Chief Inspector agrees with the conclusion mentioned in that sub-paragraph.
3
Sub-paragraph (1) shall not prevent the continued application of Parts II and III of this Schedule in a case where proposals have been published under paragraph 16 or 20.
I56
F241
This paragraph applies to a report of an inspection under Chapter 1 or 3 of Part 1 of the Education Act 2005 which—
a
states an opinion that a school requires significant improvement in relation to its sixth form, and
b
in the case of a school in Wales, is made by a member of the Inspectorate or states that the Chief Inspector agrees with the opinion mentioned in paragraph (a).
2
The person making a report to which this paragraph applies shall send a copy (together with a copy of the summary, if there is one)—
a
to the Secretary of State or, in the case of a school in Wales, the National Assembly for Wales, and
F25b
if either—
i
the school is in England, or
ii
the school is in Wales and the person making the report is a member of the Inspectorate,
to the appropriate authority for the school.
F263
The following provisions of the Education Act 2005 shall apply (with the necessary modifications) in relation to a report to which this paragraph applies—
a
in the case of a school in England—
i
section 14(2) (additional copies),
ii
section 14(4) (publication by appropriate authority), and
iii
where the local education authority receives a copy of a report about a school the governing body of which have a delegated budget, section 15(2) and (3) (measures by local education authority), and
b
in the case of a school in Wales—
i
section 38(2) (additional copies),
ii
section 38(4) (publication by appropriate authority),
iii
section 39 (action plan by appropriate authority), and
iv
where the local education authority receives a copy of a report about a school the governing body of which have a delegated budget, section 40(2) and (3) (measures by local education authority).
4
In the application of those provisions—
a
a reference to a report and summary shall be taken as a reference to a report and, if there is one, its summary, and
b
a reference to a summary alone shall be taken, in a case where there is no summary, as a reference to the report.
F277
1
Where a person who inspects a school is of the opinion that a school requires significant improvement in relation to its sixth form, the provisions specified in sub-paragraph (2) shall apply, with the necessary modifications, as they apply where he is of the opinion that special measures are required to be taken in relation to the school.
2
Those provisions are—
a
in the case of a school in England, section 13(1) to (3) of the Education Act 2005 (duty of Chief Inspector to send draft report to governing body or proprietor, to consider their comments and to state opinion in report),
b
in the case of a school in Wales, section 34(1) to (6) of that Act (registered inspectors) or, as the case requires, section 35(1) of that Act (members of the Inspectorate).
Institutions for 16-19 year olds
I68
Paragraphs 9 to 14 apply to a maintained school (within the meaning given by section 20(7) of the M2School Standards and Framework Act 1998) which—
a
provides full-time education suitable to the requirements of pupils over compulsory school age, and
b
does not provide full-time education suitable to the requirements of pupils of compulsory school age.
F289
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I710
1
This paragraph applies if in the course of an area inspection under section 65 or 83 the Chief Inspector forms the opinion that—
a
special measures are required to be taken in relation to a particular school, or
b
that a particular school F29requires significant improvement.
2
The Chief Inspector shall make a report about the school stating his opinion.
3
I811
F321
Parts 2 and 3 of this Schedule shall apply—
a
in relation to a school in England, if a report of an inspection of the school made under Chapter 1 of Part 1 of the Education Act 2005 states—
i
in accordance with subsection (4) of section 13, an opinion that special measures are not required to be taken in relation to the school, and
ii
in accordance with subsection (3)(b) of that section, an opinion that the school requires significant improvement,
b
in relation to a school in Wales, if—
i
a report of an inspection of the school made under Chapter 3 of Part 1 of the Education Act 2005 states in accordance with section 34(7) or 35(5) an opinion that special measures are not required to be taken in relation to the school,
ii
the report also states in accordance with section 34(6) or 35(4) an opinion that the school requires significant improvement, and
iii
where the person making the report is not a member of the Inspectorate, the report also states that the Chief Inspector agrees with his opinion.
2
Parts II and III of this Schedule shall also apply in relation to a school if—
F33a
a report of an inspection under Chapter 1 or 3 of Part 1 of the Education Act 2005 states that special measures are required to be taken in relation to the school or that the school requires significant improvement,
b
the next report of a kind mentioned in paragraph (a) also states an opinion of a kind mentioned in that paragraph, and
c
F34in the case of a school in Wales each report either results from an inspection by a member of the Inspectorate or states that the Chief Inspector agrees with the opinion mentioned in paragraph (a) or (b).
I912
1
Parts II and III of this Schedule shall cease to apply in relation to a school if a report of an inspection under F35Chapter 1 or 3 of Part 1 of the Education Act 2005 or section 65 or 83 of this Act states—
a
that special measures are not required to be taken in relation to the school, or
b
that the school does not F36require significant improvement.
2
Where F37, in the case of a school in Wales, the person making a report is not a member of the Inspectorate, sub-paragraph (1) shall not apply unless the report states that the Chief Inspector agrees with the conclusion mentioned in that sub-paragraph.
3
Sub-paragraph (1) shall not prevent the continued application of Parts II and III of this Schedule in a case where proposals have been published under paragraph 24 or 28.
I1013
F381
This paragraph applies to a report of an inspection under Chapter 1 or 3 of Part 1 of the Education Act 2005 which—
a
states an opinion that a school requires significant improvement, and
b
in the case of a school in Wales, is made by a member of the Inspectorate or states that the Chief Inspector agrees with the opinion mentioned in paragraph (a).
2
The person making a report to which this paragraph applies shall send a copy (together with a copy of the summary, if there is one)—
a
to the Secretary of State or, in the case of a school in Wales, the National Assembly for Wales, and
F39b
if either—
i
the school is in England, or
ii
the school is in Wales and the person making the report is a member of the Inspectorate,
to the appropriate authority for the school.
F403
The following provisions of the Education Act 2005 shall apply (with the necessary modifications) in relation to a report to which this paragraph applies—
a
in the case of a school in England—
i
section 14(2) (additional copies),
ii
section 14(4) (publication by appropriate authority), and
iii
where the local education authority receives a copy of a report about a school the governing body of which have a delegated budget, section 15(2) and (3) (measures by local education authority), and
b
in the case of a school in Wales—
i
section 38(2) (additional copies),
ii
section 38(4) (publication by appropriate authority),
iii
section 39 (action plan by appropriate authority), and
iv
where the local education authority receives a copy of a report about a school the governing body of which have a delegated budget, section 40(2) and (3) (measures by local education authority).
4
In the application of those provisions—
a
a reference to a report and summary shall be taken as a reference to a report and, if there is one, its summary, and
b
a reference to a summary alone shall be taken, in a case where there is no summary, as a reference to the report.
F4114
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Part II Publication of proposals
Closure of sixth form: England
I1115
Paragraphs 16 and 17 apply to a school which is maintained by a local education authority in England and which—
a
provides full-time education suitable to the requirements of pupils who are over compulsory school age, and
b
provides full-time education suitable to the requirements of pupils of compulsory school age.
I1216
1
The Learning and Skills Council for England may publish proposals for an alteration of the school as a result of which it will no longer provide education suitable to the requirements of pupils who are over compulsory school age.
2
The proposals shall contain such information and be published in such manner as may be prescribed.
3
Before publishing proposals the Council shall, having regard to any guidance issued by the Secretary of State, consult such persons as they consider appropriate.
I13C217
1
The Council shall send—
a
a copy of the published proposals, and
b
such other information as may be prescribed,
to the school organisation committee for the area of the local education authority who maintain the school.
2
In the case of a community or foundation special school, the Council shall also send the F2copy mentioned in sub-paragraph (1)(a) to such other persons as may be prescribed.
I1418
In paragraphs 16 and 17 “prescribed” means prescribed by regulations made by the Secretary of State.
Closure of sixth form: Wales
I1519
Paragraphs 20 and 21 apply to a school which is maintained by a local education authority in Wales and which—
a
provides full-time education suitable to the requirements of pupils who are over compulsory school age, and
b
provides full-time education suitable to the requirements of pupils of compulsory school age.
I1620
1
The F42National Assembly for Wales may publish proposals for an alteration of the school as a result of which it will no longer provide education suitable to the requirements of pupils who are over compulsory school age.
2
The proposals shall contain such information and be published in such manner as may be prescribed.
3
I1721
F451
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F462
In the case of a community or foundation special school, the National Assembly for Wales shall send a copy of the published proposals to such persons as may be prescribed.
I1822
In paragraphs 20 and 21 “prescribed” means prescribed by regulations made by the National Assembly for Wales.
Closure of institution for 16-19 year olds: England
I1923
Paragraphs 24 and 25 apply to a school which—
a
is maintained by a local education authority in England,
b
provides full-time education suitable to the requirements of pupils over compulsory school age, and
c
does not provide full-time education suitable to the requirements of pupils of compulsory school age.
I2024
1
The Learning and Skills Council for England may publish proposals to discontinue the school.
2
The proposals shall contain such information and be published in such manner as may be prescribed.
3
Before publishing proposals the Council shall, having regard to any guidance issued by the Secretary of State, consult such persons as they consider appropriate.
I21C325
1
The Council shall send—
a
a copy of the published proposals, and
b
such other information as may be prescribed,
to the school organisation committee for the area of the local education authority who maintain the school.
2
In the case of a community or foundation special school, the Council shall also send the F3copy mentioned in sub-paragraph (1)(a) to such other persons as may be prescribed.
I2226
In paragraphs 24 and 25 “prescribed” means prescribed by regulations made by the Secretary of State.
Closure of institution for 16-19 year olds: Wales
I2327
Paragraphs 28 and 29 apply to a school which—
a
is maintained by a local education authority in Wales,
b
provides full-time education suitable to the requirements of pupils over compulsory school age, and
c
does not provide full-time education suitable to the requirements of pupils of compulsory school age.
I2428
1
The F47National Assembly for Wales may publish proposals to discontinue the school.
2
The proposals shall contain such information and be published in such manner as may be prescribed.
3
I2529
F501
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F512
In the case of a community or foundation special school, the National Assembly for Wales shall send a copy of the published proposals to such persons as may be prescribed.
I2630
In paragraphs 28 and 29 “prescribed” means prescribed by regulations made by the National Assembly for Wales.
Schools maintained by LEA outside its area
I2731
1
This paragraph applies to a school which—
a
is a community, voluntary or foundation school, and
b
is situated in an area other than that of the local education authority who maintain it.
2
This Part of this Schedule shall have effect in relation to a school to which this paragraph applies with such modifications as may be prescribed—
a
for schools in England, by regulations made by the Secretary of State, and
b
for schools in Wales, by regulations made by the National Assembly for Wales.
Part III Implementation of proposals
England
I2832
1
Paragraphs 33 to 38 apply to schools F4maintained by a local education authority in England in respect of which proposals are published under this Schedule.
2
In those paragraphs—
“adjudicator” means a person appointed under section 25 of the M3School Standards and Framework Act 1998 (and that section and Schedule 5 to that Act shall have effect in relation to references to “the adjudicator”),
“the Council” means the Learning and Skills Council for England,
“prescribed” means prescribed by or determined in accordance with regulations,
“regulations” means regulations made by the Secretary of State, and
“the school organisation committee” means, in relation to a school, the school organisation committee for the area of the local education authority who maintain the school.
3
Regulations prescribing the period mentioned in paragraph 35(6) or 37(1) may make provision by reference to the opinion of the committee.
I2933
Regulations may require any of the following to provide prescribed information to prescribed persons at prescribed times—
a
the Council,
b
a school organisation committee, and
c
an adjudicator.
I3034
Any person may send objections to F5, or comments on, the proposals to the school organisation committee within such period as may be prescribed.
I31C435
1
The school organisation committee shall consider the proposals and—
a
reject them,
b
approve them without modification, or
c
approve them subject to modifications F6or
F6d
if the committee think it appropriate to do so, and subject to regulations, refer them to the adjudicator.
2
In considering proposals a school organisation committee shall have regard to—
a
any guidance issued by the Secretary of State,
F11b
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
c
any objections F7or comments made in accordance with paragraph 34 and not withdrawn.
3
Before approving proposals subject to modifications a school organisation committee shall consult such persons as may be prescribed.
4
An approval under sub-paragraph (1)(b) or (c) may be subject to the occurrence by a specified time of a specified event which is of a prescribed kind; and if the event does not occur by the specified time, the proposals shall F8fall to be considered afresh under sub-paragraph (1).
5
A committee shall refer proposals to the adjudicator if—
a
the committee votes on a decision in relation to the proposals,
b
the decision is required to be unanimous by regulations under paragraph 5 of Schedule 4 to the M4School Standards and Framework Act 1998 (school organisation committees), and
c
the result of the vote is not unanimous.
6
A committee shall also refer proposals to the adjudicator if—
a
by the end of the prescribed period the committee has not determined what action to take in relation to the proposals, and
b
the Council requests that the proposals be referred to the adjudicator.
7
Where proposals are referred to the adjudicator—
a
he shall consider them afresh, and
b
for that purpose, F9sub-paragraphs (1)(a) to (c) and (2) to (4) shall apply to him as they apply to the committee.
8
The Council may withdraw proposals by notice in writing to the school organisation committee at any time before a determination has been made by the committee or the adjudicator.
I3236
1
Where proposals are approved under paragraph 35 they shall be implemented.
2
But the school organisation committee—
a
may modify the proposals, after consulting such persons as may be prescribed;
b
where the proposals were approved subject to the occurrence of a specified event by a specified time, may (before the arrival of the specified time) substitute a later time;
c
may determine that the proposals shall not be implemented if implementation would be unreasonably difficult or if it would be inappropriate because of changes in circumstances since the proposals were approved.
3
A school organisation committee may act under sub-paragraph (2)(a) or (b) only in response to a request by the Council.
4
A determination may be made under sub-paragraph (2)(c) only in response to a proposal of the Council which is published and dealt with in accordance with regulations (which may, in particular, apply any provision of this Schedule with or without modification); and where a determination is made under sub-paragraph (2)(c) in relation to proposals they shall be treated as rejected.
I3337
1
If a school organisation committee has not, by the end of the prescribed period, determined whether to take any action under paragraph 36(2), the committee shall, if the Council requests, refer the question to the adjudicator.
2
A committee shall also refer to the adjudicator the question mentioned in sub-paragraph (1) if—
a
the committee votes on the question,
b
the decision is required to be unanimous by regulations under paragraph 5 of Schedule 4 to the M5School Standards and Framework Act 1998 (school organisation committees), and
c
the result of the vote is not unanimous.
F102A
A committee may, where they think it appropriate to do so and subject to regulations, refer to the adjudicator the question mentioned in sub-paragraph (1).
3
Where a question is referred to the adjudicator—
a
he shall consider the matter afresh, and
b
for that purpose, paragraph 36 shall apply to him as it applies to the committee.
I3438
1
The duty to implement proposals to alter a school—
a
in the case of a community or community special school, shall be a duty of the local education authority, and
b
in the case of a voluntary, foundation or foundation special school, shall be a duty of the governing body.
2
The duty to implement proposals to discontinue a school—
a
in the case of a community or community special school, shall be a duty of the local education authority, and
b
in the case of a voluntary, foundation or foundation special school, shall be a shared duty of the governing body and the local education authority.
3
For the purpose of sub-paragraph (2)(a) or (b), a local education authority’s duty to discontinue a school is a duty to cease maintaining it.
Wales
I3539
1
Paragraphs 40 to 44 apply to schools F1maintained by a local education authority in Wales in respect of which proposals are published under this Schedule.
2
In those paragraphs—
“the National Assembly” means the National Assembly for Wales,
F52...
“prescribed” means prescribed by or determined in accordance with regulations, and
“regulations” means regulations made by the National Assembly.
I3640
Regulations may require F53the National Assembly to provide prescribed information to prescribed persons at prescribed times—
F54a
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F54b
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I3741
Any person may send objections to the proposals to the National Assembly within such period as may be prescribed.
I3842
F551
After the expiry of the period mentioned in paragraph 41, the National Assembly shall determine whether to—
a
withdraw the proposals;
b
confirm them without modification; or
c
confirm them subject to modifications.
2
In making a determination under sub-paragraph (1), the National Assembly shall have regard to any objections made in accordance with paragraph 41 and not withdrawn.
3
Before F56confirming proposals subject to modifications the National Assembly shall consult such persons as they consider appropriate.
4
F595
The National Assembly may withdraw its proposals at any time before a determination is made under this paragraph.
I3943
1
Where proposals are F60confirmed under paragraph 42 they shall be implemented.
2
But the National Assembly—
a
may modify the proposals, after consulting such persons as they consider appropriate;
b
where the proposals were F61confirmed subject to the occurrence of a specified event by a specified time, may (before the arrival of the specified time) substitute a later time;
c
may determine that the proposals shall not be implemented if implementation would be unreasonably difficult or if it would be inappropriate because of changes in circumstances since the proposals were F61confirmed.
F623
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
4
A determination may be made under sub-paragraph (2)(c) only in response to a proposal of F63the National Assembly for Wales which is published and dealt with in accordance with regulations (which may, in particular, apply any provision of this Schedule with or without modification); and where a determination is made under sub-paragraph (2)(c) in relation to the proposals they shall be treated as rejected.
I4044
1
The duty to implement proposals to alter a school—
a
in the case of a community or community special school, shall be a duty of the local education authority, and
b
in the case of a voluntary, foundation or foundation special school, shall be a duty of the governing body.
2
The duty to implement proposals to discontinue a school—
a
in the case of a community or community special school, shall be a duty of the local education authority, and
b
in the case of a voluntary, foundation or foundation special school, shall be a shared duty of the governing body and the local education authority.
3
For the purpose of sub-paragraph (2)(a) or (b), a local education authority’s duty to discontinue a school is a duty to cease maintaining it.
Schools maintained by LEA outside its area
I4145
1
This paragraph applies to a school which—
a
is a community, voluntary or foundation school, and
b
is situated in an area other than that of the local education authority who maintain it.
2
This Part of this Schedule shall have effect in relation to a school to which this paragraph applies with such modifications as may be prescribed—
a
for schools in England, by regulations made by the Secretary of State, and
b
for schools in Wales, by regulations made by the National Assembly for Wales.
Sch. 7 heading substituted (1.9.2005 for E., 1.9.2006 for W.) by Education Act 2005 (c. 18), s. 125(4), Sch. 5 para. 3(2); S.I. 2005/2034, art. 4; S.I. 2006/1338, art. 3, Sch. 1