Christine Fischer – Assistant Director & Legal Adviser Catholic Education Service – June 2015 SESSION 3 EDUCATION AND ADOPTION BILL

Christine Fischer – Assistant Director & Legal Adviser Catholic Education Service – June 2015 Section 1 – Coasting schools  Adds ‘coasting schools’ to provisions relating to eligibility for intervention;  ‘coasting school’ is not defined;  Provides power for the SoS to make regulations to define what this means.

Section 2 – Performance standards and safety warning notices The EIA is amended to define “relevant authority” as the LA or the SoS; The specified period for compliance with a warning notice is removed; References to the GB making representations to the Chief Inspector are removed; New provisions are added so that:  if a local authority is notified that the SoS has given a warning notice the local authority may not give a warning notice unless and until the SoS informs them that they may;  if the SoS gives a warning notice any earlier warning notice given by the LA ceases to have effect;  if an LA gives a warning notice it must give a copy to the SoS at the same time; and  if the SoS gives a warning notice he/she must give a copy to the LA at the same time; The power for the SoS to direct an LA to give a performance standards and safety warning notice is removed. Christine Fischer – Assistant Director & Legal Adviser Catholic Education Service – June 2015

Section 3 – Other warning notices The specified period for compliance with a warning notice is removed; References to the GB making representations to the Chief Inspector are removed. Christine Fischer – Assistant Director & Legal Adviser Catholic Education Service – June 2015

Section 4 – Power to require governing body to enter into arrangements provisions are added to the EIA which mirror those that local authorities already have. the SoS has powers to require the Governing Body of a school eligible for intervention to:  enter into a contract or other arrangement with a specified person (who may be the Governing Body of another school) for the provision of specified services of an advisory nature;  make specified arrangements, in relation to collaboration between schools, with the Governing Body of a specified school;  make specified arrangements in relation to collaboration between maintained schools and further education bodies, with an further education body; or  take specified steps for the purposes of creating or joining a federation. before exercising the power the SoS must consult including with, for Catholic schools, the appropriate diocesan authority and the person or persons who appoint the foundation governors. Christine Fischer – Assistant Director & Legal Adviser Catholic Education Service – June 2015

Section 5 – Appointment of interim executive members A new provision gives power to the SoS to give the LA directions about: who to appoint as interim executive members; how many people to appoint; the terms of appointment; and the termination of any appointment. Christine Fischer – Assistant Director & Legal Adviser Catholic Education Service – June 2015

Section 6 – Interaction between intervention powers The Bill contains provisions:  for the SoS and LA to notify the other before exercising powers of intervention;  that the LA may not use its powers unless or until the SoS notifies them that they may;  for the SoS to take over responsibility from an LA for arrangements in connection with an IEB. Christine Fischer – Assistant Director & Legal Adviser Catholic Education Service – June 2015

DUTY TO MAKE ACADEMY ORDERS Section 7 – Duty to make Academy orders A new provision is inserted into section 4 of the Academies Act 2010 as follows: “(A1) The Secretary of State must make (emphasis added) an Academy order in respect of a maintained school in England that is eligible for intervention by virtue of section 61 or 62 EIA 2006 (schools requiring significant improvement or schools requiring special measures.” Christine Fischer – Assistant Director & Legal Adviser Catholic Education Service – June 2015

Conversion Section 8 – Consultation about conversion Section 5 of the Academies Act 2010 is substituted, removing the requirement for consultation where the SoS has made an Academy order in accordance with the new section 4(A1) or the school is eligible for intervention. Christine Fischer – Assistant Director & Legal Adviser Catholic Education Service – June 2015

Section 9 – Consultation about identity of Academy sponsor in certain cases A new section 5A is inserted into the Academies Act 2010 so that where an Academy order made under section 4(A1) has effect in relation to a foundation or voluntary school, before entering into Academy arrangements the SoS is required to consult about the identity of the sponsor with the trustees, the person or persons who appoint the foundation governors and the appropriate religious body, which is defined for a Catholic school as the appropriate diocesan authority. Christine Fischer – Assistant Director & Legal Adviser Catholic Education Service – June 2015

Section 10 – Duty to facilitate conversion A new section 5B is inserted into the Academies Act 2010 requiring the GB of the school and the local authority to take all reasonable steps to facilitate conversion where an Academy order is made under section 4(A1); It also includes, where the SoS is minded to enter into Academy arrangements with a specified person, to take all reasonable steps to facilitate the making of Academy arrangements with that person. Christine Fischer – Assistant Director & Legal Adviser Catholic Education Service – June 2015

Section 11 – Power to give directions to do with conversion A new section 5C is inserted into the Academies Act 2010 giving the SoS power to direct the GB or the LA to take specified steps to facilitate conversion. Christine Fischer – Assistant Director & Legal Adviser Catholic Education Service – June 2015

Section 12 – Power to revoke Academy Orders Having fettered his/her discretion in relation to the making of an Academy order under section 4(A1), the SoS is given a power to revoke that order. Christine Fischer – Assistant Director & Legal Adviser Catholic Education Service – June 2015