New Guidance from Sept 2019

Section 72 of the Education and Inspections Act 2006 places a statutory duty on all local authorities in England. See Schools_causing_concern for reference.

maintained “schools causing concern” (within the meaning of section 44 of the Education Act 2005);
maintained schools that are “eligible for intervention” (within the meaning of Part 4 of the Education Act 2006);

From September 2019, the department will no longer publish coasting thresholds and RSCs will take no formal action as a result of a school meeting the coasting definition. Whilst local authorities retain the power to intervene, the department is unlikely to support action against a school on the basis of coasting data alone.
The Secretary of State confirmed that from September 2019 we will use an Ofsted ‘Requires Improvement’ judgement as the sole method of identifying schools for an offer of improvement support.

Support will come from either:
• an academy trust;
• an accredited system leader, such as a teaching school; or
• a school improvement provider using evidence-based programmes.

Because Raine’s has been judged requiring improvement and not inadequate, an order requiring the school to convert to an Academy cannot be made. “An academy order must, in line with statutory requirements, be issued for all maintained schools that have been judged inadequate by Ofsted,”

As things stand that would be the only viable path to continue keeping Raine’s open. But, as it is managed by another good school, it cannot be converted by that route.

“Where any school is run by a charity trustees (as is the case in academies, foundation and voluntary schools) or is on land held by the trustees of the school, local authorities and the Secretary of State will, in using their powers of intervention, have regard to charity law and the responsibilities of the various trustees. This is described further in Chapter 6.”

The Section 68 Closure notice has not been issued as far as I know, yet the Local Authority and IEB was set up since October 2018 to close the school and transfer pupils from Raine’s to Oaklands on the strength of a consultation report.

An IEB may recommend to a local authority that a maintained school be closed. It may also recommend that the Secretary of State give a direction to a local authority regarding the closure of a maintained school. It cannot however, publish proposals for closure itself. Where, following the statutory consultation and other procedures, it is agreed that the school will be closed, the IEB should continue to hold office until the implementation date of the proposal. The IEB may also seek an academy order from the Secretary of State which enables the maintained school to convert to an academy.

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