Education and Adoption Bill: what you need to know

In short, the Bill will ensure that the Secretary of State (SoS) is able to move swiftly to tackle under-performance and so convert ‘failing schools’ into academies and intervene in and bring about the academy conversion of ‘coasting’ schools.

‘Coasting’ schools – not defined

First, the SoS will be able to intervene in a school where the school has been notified that the SoS considers the school to be ‘coasting’.

However, the Bill does not define what is meant by ‘coasting’. Instead, this will be defined in regulations. These have yet to be published, so watch this space. Going forward, new regulations re-defining ‘coasting’ will be capable of being adopted under a more truncated process than for Acts of Parliament, thus minimising the time available for parliamentary scrutiny.

Performance standards and safety – SoS intervention

SoS power
Elsewhere, the local authority (LA) power to issue a performance standards and safety warning notice, which opens the way for intervention, is extended to the SoS.

Rapid intervention
The time period for compliance with a warning notice, before intervention may take place, will also be prescribed in the warning notice (instead of the current statutory 15 working days), enabling the SoS to stipulate a shorter compliance period and vary the compliance period to fit specific circumstances.

No representations
To speed the process of intervention, a governing body will also lose its right to make representations to the Chief Inspector regarding a warning notice while the Chief Inspector will no longer need to confirm a warning notice before it can be acted upon.

Local Authorities
Separately, the Bill provides that:

• a LA may not issue a notice where it has been notified that the SoS has already done so
• a LA warning notice shall cease to have effect where any SoS notice is issued
• a LA and the SoS must give the other a copy of any warning notice it issues
• a LA and the SoS must notify the other before intervening in a school

Teachers’ pay and conditions – LA intervention

Rapid intervention
Again, the time period for compliance with a teachers’ pay and conditions warning notice, before intervention may take place, will be prescribed in the warning notice (instead of the current statutory 15 working days), enabling a LA to adapt the compliance period to fit the specific circumstances.

No representations
Also, a governing body will again lose its right to make representations to the Chief Inspector who need not confirm a warning notice before it can be acted upon.

Power to require arrangements – new SoS power

Although less publicised, the Bill will separately entitle the SoS to require that a governing body:

• enter into a contract or other arrangement (which may be required to contain specific terms and conditions) with a specified person for advisory services to be provided to the governing body
• make specified arrangements with another governing body for any of their functions to be exercised jointly or by a joint committee
• make specified collaboration arrangements with an FE or sixth form college
• take specified steps for the purpose of creating or joining a federation

The SoS must consult the governing body and the appropriate diocesan authority and/or person(s) who appoint(s) foundation governors before exercising its powers.

Interim Executive Boards – SoS intervention

Also less publicised is the fact that the Bill will entitle the SoS to issue directions to a LA on the composition and appointment of Interim Executive Board (IEB) members and, ultimately, take over responsibility for arrangements in connection with the members of an IEB.

Additional Governors – SoS and LA

Under the Bill, the SoS and a LA will also be entitled to appoint additional governors for the same warning notice or inspection where the school is eligible for intervention and requires significant improvement or special measures.

Intervention – SoS and LA

Alongside the above, a LA and the SoS will be required to notify the other before intervening in a school. Crucially, though, a LA may not require a governing body to enter into arrangements (in the same way as above for the SoS), appoint additional governors or suspend a school’s delegated budget where the LA has been notified that the SoS intends to intervene in relation that school.

Academy orders – issue and revocation

In a departure from the existing SoS discretion, the Bill will require the SoS to issue an academy order where a school is eligible for intervention and requires significant improvement or special measures. In a further change, the Bill will also entitle the SoS to revoke an academy order for a school that is eligible for intervention.

Consultation – conversion and academy sponsor

Crucially, the Bill will remove the requirement for consultation on conversion where the SoS has issued an academy order for a school which is eligible for intervention (whether or not the school requires significant improvement or special measures).

However, the Bill will require the SoS to consult the school’s trustees, the person(s) who appoint(s) foundation governors and the appropriate diocesan authority about the identity of the person with whom the SoS proposes to enter into academy arrangements (i.e. the proposed academy sponsor and/or multi-academy trust).

Duty to facilitate conversion – governing body and LA

Where the SoS has issued an academy order for a school which is eligible for intervention (whether or not the school requires significant improvement or special measures), the Bill will also oblige the governing body or the LA:

• to take all reasonable steps to facilitate the academy conversion of the school
• make where the SoS notifies the governing body or the LA that it is minded to enter into academy arrangements with a specified person (i.e. an academy sponsor and/or multi academy trust), to take all reasonable steps to facilitate the making of academy arrangements (i.e. the funding agreement)

Power to give conversion directions – SoS only

Finally, where the SoS has issued an academy order for a school which is eligible for intervention, the Bill will entitle the SoS to direct the governing body or the LA to take specified steps to facilitate the academy conversion of the school including the preparation of a scheme for the transfer of land or other property, rights and liabilities. A direction may specify the period within which any steps must be taken.

What this means for you

There is clearly a lot to take in from this new Bill, which has the potential to create major changes across the school spectrum and to create opportunities for multi-academy trusts.

For an individual assessment about how it will affect your situation or for any other queries, please do not hesitate to get in touch our Education Team.