Commentary on Sections Local education authority Legal background Sections 114 to 118: Failure to meet standards
137.Where the Secretary of State considers on the basis of relevant evidence that an independent educational institution is not meeting one or more of the required standards, section 114allows for a notice to be served on the proprietor of the institution requiring the proprietor to provide an action plan. The purpose of the action plan is to address the failure to meet the required standards. On receipt of a plan, the Secretary of State may approve it, with or without modifications or reject it, in which case he can request a further action plan.
138.Where the Secretary of State concludes on the basis of relevant evidence that an institution is failing to meet the relevant standards, section 115 sets out the conditions for taking enforcement action against the institution. The Secretary of State may take action where the proprietor has been required to provide an action plan within the last three years but has failed to provide an adequate plan or failed to comply with a plan that has been approved. Equally, where the Secretary of State is satisfied in the light of at least one inspection report that the institution has failed to meet the required standards for a continuous period of at least two years despite an action plan having been provided by the proprietor, he may take enforcement action.
139.Section 116 sets out the alternative forms of enforcement action available to the Secretary of State. The Secretary of State may remove the institution from the register or impose a restriction as described in section 117. When the Secretary of State decides to take enforcement action he must inform the proprietor who has a right of appeal.
140.Section 117 sets out the restrictions, short of de-registration, that can be imposed by the Secretary of State or, in relevant cases, by orders of a justice of the peace or the First-tier Tribunal. These are:
141.Section 118 creates an offence of failing to comply with a restriction imposed by the Secretary of State and sets out the penalty for doing so. It also allows the proprietor to apply to the Secretary of State to have the restriction lifted, in whole or in part. The Secretary of State must, on an application, vary or revoke a restriction where it is appropriate to do so because of a change in circumstances. The Secretary of State is required to notify the proprietor of his decision.