Eligible for intervention Definition

GLOSSARY

What does Eligible for intervention mean?

All maintained schools which fall below the expected levels of safety, performance and management are "eligible for intervention".

The Local Authority will issue a warning notice. If the school neither improves or responds to the warning notice, the local authority will intervene and work with a revitalised governing body of the school to raise the school's standards. See Education and Inspections Act 2006 ss 59 to 73.

View the related practice notes about Eligible for intervention

Ofsted, failing schools and intervention

OfstedOfsted is a non-departmental, government-funded organisation, operating in England and managed by Her Majesty’s Chief Inspector of Education, Children’s Services and Skills (HMCI). Most of Ofsted’s powers and duties are set out in Part 1 of the Education Act 2005 (EA 2005), and the general functions and duties of Her Majesty’s Chief Inspector are detailed in sections 116–119 of the Education and Inspections Act 2006 (EIA 2006). These functions may be delegated in accordance with the law set out in EIA 2006, Sch 12.Ofsted inspectors (HMIs) report to a Senior HMI.This Practice Note concentrates on the position in England. The education and training inspectorate for Wales is called Estyn. For further information on Estyn in Wales, see: Practice Note: Regulation and inspection by Estyn. In addition to the inspection of schools, the education, children's services and several other activities of every local authority in England are inspected by Ofsted. The inspection reports are sent to the local authority in question and to the Department for Education (DfE). The local authority...

Setting up a new academy or free school

Setting up a new academy or free school This Practice Note applies to England only. Although the Academies Act 2010 (AcA 2010) does apply in Wales, the provisions for creation and funding of new academies apply only in England. There are no academies in Wales. What is an academy school? Legally, free schools are academies. They are both founded or operated under AcA 2010. Academies tend to be schools which, when founded, replaced earlier maintained schools. Most free schools tend to have been set up as new schools. A few free schools have converted from independent school status. For the purposes of this Practice Note, the term ‘academy’ includes ‘free school’, unless specifically stated to the contrary. Academy schools are defined in AcA 2010, s 1A. Academy schools are technically defined as independent schools, but this independence is from the local authority (LA) for the area in which they are situated, and not from the state. They depend on Department for Education (DfE) and other independent sources for...

Discover our 5 Practice Notes on Eligible for intervention

If an entire school governing body resigns does the local authority still have to follow the warning notice procedure under Part 4 of the Education and Inspections Act 2006 (EIA 2006) to implement an Interim Executive Board. Does the local authority have any emergency powers to appoint emergency or interim governors other than under EIA 2006, s 64?

If an entire school governing body resigns does the local authority still have to follow the warning notice procedure under Part 4 of the Education and Inspections Act 2006 (EIA 2006) to implement an Interim Executive Board. Does the local authority have any emergency powers to appoint emergency or interim governors other than under EIA 2006, s 64? The relevant legislation (Part 4, Schedule 6 of the Education and Inspections Act 2006 (EIA 2006)) and guidance (Governance handbook and Schools causing concern—Statutory guidance for local authorities) are silent on whether the duty to consult still exists where a local authority wishes to exercise its powers under EIA 2006, s 65 to appoint an Interim Executive Board (IEB) and the entire governing body has resigned. Warning notice According to the above guidance at page 14, a warning notice under EIA 2006, Part 4 must be given in writing to the governing body of the school and must set out: • the matters on which the local authority’s...

What are the legalities of a school in Wales not having a Chair and Vice-Chair for a Governing Body? What power does a local authority have to address the issue?

What are the legalities of a school in Wales not having a Chair and Vice-Chair for a Governing Body? What power does a local authority have to address the issue? The Government of Maintained Schools (Wales) Regulations 2005 (GMSR 2005), SI 2005/2914 govern the constitution of school governing bodies for the majority of schools in Wales. It is assumed that this issue concerns a state maintained school. Under the GMSR 2005, SI 2005/2914, a School Governing Body (SGB) must meet termly and according to GMSR 2005, SI 2005/2914, reg 39(1), must elect a Chair and a Vice-Chair from among their number annually. The GMSR 2005, SI 2005/2914 further provides that: • under GMSR 2005, SI 2005/2914, reg 39(6)—where a vacancy arises in the office of Chair or Vice-Chair, the governing body must at their next meeting elect one of their number to fill that vacancy • under GMSR 2005, SI 2005/2914, reg 39(9)—if the Chair or Vice-Chair are indisposed, the governing body must elect one of...

See the 2 Q&As about Eligible for intervention

FAQs—becoming a sponsored academy

Local Government analysis: These are the Frequently Asked Questions (FAQs) asked by schools acquiring sponsored academy status. In this article, Tom Briant-Evans of Browne Jacobson LLP considers the circumstances in which a school may become a sponsored academy, funding of a sponsored academy, and the process of becoming a sponsored academy.

Local Government weekly highlights—7 July 2022

This week's edition of Local Government weekly highlights includes the latest news on the resignations of senior cabinet members, as well as news analysis of the procurement Bill on the proposed changes on selection, exclusion, conflict of interests and debarment in the procurement process, the ICIBI Chief Inspector’s recommendations for the immigration system in the context of higher education and detailed analyses of the new MCA code of practice and the Mental Health Bill. Case analysis includes Manchester Ship Canal Company Ltd v United Utilities Water Ltd on whether an appellant canal company had a private law claim of trespass for a sewage discharge; Re H-W (children) which established new guidance in relation to three fundamental elements of public law children cases; and Baptie v Royal Borough of Kingston Upon Thames, in which the Court of Appeal had to determine whether the County Court had been correct in determining that the defendant had become intentionally homeless. The weekly highlights also includes further updates on the Ukraine conflict, governance, public procurement,...

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