Schools causing concern

The DfE has recently updated its guidance to local authorities (LAs) on the circumstances in which the LA might intervene in a school that is causing concern and the range of intervention powers the LA has at its disposal.  Links to the full statutory guidance can be found at:

http://www.education.gov.uk/aboutdfe/statutory/g00192418/scc

The Government is concerned that LAs make full use of their powers not only when schools are judged by OFSTED to be failing or there are serious concerns about the quality of provision or pupils’ health, safety and wellbeing but also when schools are under-performing.  The guidance now makes explicit that ‘schools eligible for intervention’ can include schools that are performing below the DfE’s floor standards or who are performing worse than similar schools.

LA’s powers of intervention include:

·         issuing a warning notice;

·         appointing additional governors;

·         replacing the governing body with an Interim Executive Board (IEB);

·         removing governors’ delegated authority for the school budget and/or personnel matters.

The process for applying these powers is detailed in the guidance.

Where schools are in Special Measures, the Secretary of State can direct the LA to close the school and can issue an Academy order.  The Education Bill that is currently before Parliament and which should become law before the end of this year gives the Secretary of State additional powers to direct LAs to issue warning notices if schools are judged to be under-performing.

This includes school academies in the area where the LA may not have the authority to intervene directly but does have a duty to bring concerns to the attention of the Academy Trust concerned.

The Government has made clear that it believes that many LAs do not intervene in schools causing concern quickly enough and do not use their full powers.  However, the process for issuing warning notices or setting up IEBs is cumbersome and can take time.  The Association of Directors of Children’s Services (ADCS) is currently in discussion with the DfE about how these processes can be made less unwieldy to enable LAs to respond more quickly.

There is a view that the rapid increase in the number of academies nationally means that LAs powers of intervention are being eroded.  This is far from the case.  It may no longer be a direct approach but the responsibility to ensure good and improving provision in all schools still sits firmly with local authorities.