9. From September 2012 if a local authority thinks a new pupil referral unit needs to be established in their area they must seek proposals from potential providers for the establishment of an academy (AP academy or AP Free School)10.

10. The Secretary of State has the power to direct a local authority to close a pupil referral unit which requires special measures or significant improvement11,12 when this happens, the local authority must provide the Secretary of State with information about the arrangements it is making to ensure that pupils receive suitable education13.

11. Regulations allow the Secretary of State to make an AP Academy Order in relation to a pupil referral unit which requires special measures or significant improvement14.

12. Regulations15 will allow the Secretary of State to establish a management committee consisting of interim executive members (an Interim Executive Board (IEB)) in a pupil referral unit which requires special measures, or significant improvement, or in a pupil referral unit the Secretary of State is satisfied is underperforming. As well as being used to ensure that the day to day running of the institution is effectively managed when intervention occurs, IEBs can be used as an effective intervention strategy in their own right, for example IEBs can apply for AP Academy Orders. These regulations define an underperforming pupil referral unit as one where the Secretary of State is satisfied that any of the following apply:

  • the standards of performance of pupils at the unit are unacceptably low, and are likely to remain so;
  • the quality of provision for pupils at the unit is unacceptably low;
  • there has been a serious breakdown in the way the unit is conducted which is prejudicing, or likely to prejudice, such standards of performance; or
  • the safety of pupils or staff of the unit is threatened (whether by a breakdown of discipline or otherwise).

13. Local authorities must obtain the consent of the Secretary of State before closing a pupil referral unit.

  • which requires special measures, significant improvemen;
  • where the Secretary of State has established an IEB; or
  • where Ofsted has notified the pupil referral unit that an inspection is to take place16. 

10 Section 6A of the Education and Inspections Act 2006, introduced by the Education Act 2011 came into force in relation to pupil referral units on 1 September 2012.
11 As defined in section 44 of the Education Act 2005.
12 The Education (Pupil Referral Units) (Application of Enactments) (England) Regulations 2007 as amended by The Pupil Referral Units (Miscellaneous Amendments) (England) Regulations 2012 which came into force on 1 September 2012.
13 The Education (Short Stay Schools) (Closure) (England) Regulations 2010, SI 2010/1071 as amended by The Pupil Referral Units (Miscellaneous Amendments) (England) Regulations 2012.
14 The Education (Pupil Referral Units) (Application of Enactments) (England) Regulations 2007 as amended by The Education (Pupil Referral Units) (Application of Enactments) (England) (Amendment) Regulations 2012.
15 The Education (Pupil Referral Units) (Management Committees etc.) (England) Regulations 2007 as amended by The Pupil Referral Units (Miscellaneous Amendments) (England) Regulations 2012 (intended to come into force on 1 September 2012).
16 See regulation 7 of the Education (Short Stay Schools) (Closure) (England) Regulations 2010, as amended by The Pupil Referral Units (Miscellaneous Amendments) (England) Regulations 2012.