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Section 67 of the 2006 Act allows the Secretary of State to appoint additional governors at any time a maintained school is eligible for intervention; the Secretary of State may appoint any such number of additional governors as he sees fit.
Before making any appointment, the Secretary of State must consult:
The Secretary of State may pay any governor appointed such remuneration and allowances as is considered appropriate. Where the Secretary of State has exercised this power, the local authority may not exercise their power to suspend the governing body's right to a delegated budget. In contrast to the local authority’s power, the legislation provides that a voluntary aided school is not authorised to appoint foundation governors for the purpose of outnumbering the other governors appointed by the Secretary of State.
The Secretary of State may direct a local authority to cease to maintain a school where that school is eligible for intervention other than by virtue of section 60A of the 2006 Act (non-compliance with teachers pay and conditions).
This will usually be done where there is no prospect of the school making sufficient improvements. Before this power can be exercised the Secretary of State must consult:
If the direction to close a school has been given, the local authority will be expected to meet any costs of terminating staff contracts and make appropriate arrangements for the pupils continuing education, whether in a replacement school, or through transition to an alternative school.
Under Section 69 of the 2006 Act the Secretary of State may require the governing body of a school to be constituted as an IEB in accordance with Schedule 6 to the 2006 Act where the school is eligible for intervention.
Before this power can be exercised the Secretary of State must consult:
This requirement to consult the bodies in 2, 3 and 4 above does not apply if the local authority has already done so in respect of their own proposal to appoint an IEB or if an academy order has effect in respect of the school.
Section 4 of the Academies Act 2010 permits the Secretary of State to make an academy order in two circumstances: firstly, on the application of a school’s governing body; or secondly, if the school is eligible for intervention within the meaning of Part 4 of the 2006 Act .
Before making an academy order in respect of a foundation or voluntary school with a foundation that is eligible for intervention, the Secretary of State must consult:
(a) the trustees of the school;
(b) the person and persons by whom the foundation governors are appointed; and
(c) in the case of a school which has a religious character, the appropriate religious body.
If an academy order is made in respect of a school, the Secretary of State must give a copy of the order to:
(a) the governing body of the school;
(b) the headteacher;
(c) the local authority; and
(d) in the case of a foundation or voluntary school that has a foundation:
(i) the trustees of the school;
(ii) the person and persons by whom the foundation governors are appointed; and
(iii) in the case of a school which has a religious character, the appropriate religious body.
Under section 5 of the Academies Act 2010, before a maintained school can convert into an academy, the governing body must consult on the question of whether conversion should take place.
In the case of a school eligible for intervention under Part 4 of the 2006 Act, the consultation may be carried out by the governing body of the school (or an IEB where appointed) or the person with whom the Secretary of State proposes to enter into academy arrangements in respect of the school or an educational institution that replaces it.
The expectation is that a persistently underperforming school or a school that is in Ofsted category will become an academy. Any such academy would be a “sponsored” academy, meaning that the school would adopt governance arrangements, involving a strong external body, that will ensure that the school is supported in turning its performance around (an organisation or a sponsoring school).
The expectation would be that any strong school which was proposing to act as a sponsor would themselves also be an academy or willing to become an academy in order to take on the sponsorship role. Being an academy will allow the sponsoring school to use its academy freedoms to secure rapid improvement in both the school it is sponsoring, as well as its own school.
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