219.The first part of Schedule 7 gives the LSC and CETW powers to intervene where LEA-maintained sixth form provision, having once been identified as being of inadequate quality, has then failed to make appropriate improvements. The trigger for those powers is the publication of two consecutive adverse reports following inspections. Except in the case of a 16-19 institution, the LSC and CETW will not have powers to intervene where a school requires special measures (because it is failing or likely to fail to give its pupils an acceptable standard of education). In such cases, the provisions of sections 14 to 19 of the School Standards and Framework Act 1998 apply. These include a power for the Secretary of State or the National Assembly to direct an LEA to close a school. An “inadequate sixth form” is defined for this purpose in paragraph 1(2)as either failing or likely to fail to give its pupils an acceptable standard of education or having significant weaknesses in one or more areas of its activities for those pupils.
220.Paragraphs 2 to 7deal with school sixth forms. Paragraph 2 places a duty on school inspectors, when stating in an inspection report that a school no longer requires special measures, to state that the school’s sixth form is inadequate where that is their judgement. Paragraph 3 places a duty on the Chief Inspector, (and, by virtue of paragraph 5 of Schedule 1 to the School Inspections Act 1996, an inspector authorised by him), if during an area inspection under section 65 or 83 he considers that a school has an inadequate sixth form, to make a report on the school. Paragraph 4(1)(a) provides for a report made under paragraph 2 to trigger the LSC’s and CETW’s powers of intervention. Paragraph 4(2) provides for the LSC’s and CETW’s powers of intervention also to be triggered where two consecutive inspection reports state that the sixth form provision is inadequate. Paragraph 4(1)(b) and paragraph 4(2)(c) set out that, where a report of an inspection is made by a registered inspector, it will be relevant in this context only if HMCI agrees with the inspector’s judgement that the school requires special measures or the sixth form provision is inadequate.
221.Paragraph 5 provides for the LSC’s and CETW’s powers to cease to apply where a subsequent report of an inspection states either:
	that the sixth form is no longer inadequate; or
	that the school requires special measures (and, in the case of a report by a registered inspector, that HMCI agrees with that judgement) - where separate powers under sections 14 to 19 of the Schools Standards and Framework Act 1998 will instead apply.
222.However, the effect of paragraph 5(3) is that, where the LSC or CETW has already made proposals in response to the previous report, their proposals will remain in force. The latest report might, however, cause the LSC or CETW to withdraw its proposals or to make fresh proposals to the effect that their original proposals should not be implemented. It might also be a factor influencing the school organisation committee’s or adjudicator’s decision about whether to approve the original proposals.
223.Paragraph 6 deals with inspection reports which state that a sixth form is inadequate, and with subsequent action. Paragraph 6(2) requires an inspector to send a copy of such a report to the Secretary of State or the National Assembly. If the inspector is a member of the Inspectorate, he must also send a copy to the school’s appropriate authority, which is usually the governing body (a similar duty will apply to registered inspectors by virtue of section 16 of the School Inspections Act 1996). Paragraph 6(3) requires action consistent with that taken for other school inspection reports:
	the inspector must send copies of the report to the head teacher, HM Chief Inspector, LEA (governing body if the LEA is the school’s appropriate authority), and Diocesan body or other body which appoints foundation governors where appropriate;
	the appropriate authority must send copies of the report (or summary if there is one) to parents and make copies available to the public;
	the appropriate authority must prepare and publish a post-inspection action plan; and
	where the governing body is the appropriate authority, the LEA must prepare a statement of the support that it will provide for the school.
224.Paragraph 7 provides for the procedure to be followed for the corroboration by HM Chief Inspector of the judgement of a registered inspector that a sixth form is inadequate.
225.Paragraphs 8 to 14 make provisions in respect of LEA-maintained 16-19 institutions similar to those of paragraphs 1 to 7:
	paragraphs 8 to 11 make provision for the circumstances which trigger the LSC’s and CETW’s powers of intervention;
	paragraph 12 makes provision for the circumstances when those powers cease to apply;
	paragraph 13 deals with inspection reports which state that a 16-19 institution has serious weaknesses, and with subsequent action; and
	paragraph 14provides for the procedure to be followed for the corroboration by HM Chief Inspector of the judgement of a registered inspector that a 16-19 institution has serious weaknesses.
By virtue of the School Inspections Act 1996, similar requirements to those in paragraphs 13 and 14 will apply where a registered inspector judges that a 16-19 institution requires special measures.
226.Paragraphs 15 to 45 (Parts II and III of Schedule 7) provide for the LSC and CETW to have powers, once the triggers set out above take effect, to publish proposals to change the age range of the institution in question so that it no longer provides for pupils aged 16 to 19, or to discontinue a 16-19 institution. The procedures governing the Councils’ proposals are broadly those which apply under Part II of and Schedule 6 to the School Standards and Framework Act 1998 in respect of proposals made by LEAs or governing bodies to change the age range of institutions, or to discontinue institutions.
227.Under the proposals framework, the LSC and CETW must, before publishing their proposals, consult as they consider appropriate, having regard to any guidance from the Secretary of State or the National Assembly. After publication, any body or person may make objections to the proposals.
228.In England, the proposals are considered by the school organisation committee for the area, which may approve them with or without modification, or reject them. Each group on the school organisation committee has a single vote, and the voting must be unanimous for a decision to be reached. If the committee is not able to reach a unanimous decision on the proposals, they are passed to the schools adjudicator for decision. Where the school organisation committee has taken no action on proposals by the end of a period to be prescribed in regulations, the proposals must be referred to the schools adjudicator, if the LSC so requests. The decision-makers, in considering proposals, must have regard to any guidance from the Secretary of State and to the school organisation plan for the area.
229.In Wales, the proposals are considered by the National Assembly.
230.If the proposals are approved, there will be a duty upon the school providers to implement them. However, the school organisation committee or adjudicator in England and the National Assembly in Wales may modify proposals in response to a request from the LSC or CETW, for example, to replace the date of implementation with a later one. The decision-makers may also determine that the proposals should not be implemented where it would be unreasonably difficult or inappropriate to do so, but only if the LSC or CETW publishes further proposals to that effect.
231.Detailed matters, such as the manner of publication of proposals by the LSC and the timing of various stages of the procedures, including the objection period, will be prescribed by regulations. The Secretary of State or the National Assembly for Wales may decide to amend existing regulations about school organisation:
	The Education (School Organisation Proposals) (England) Regulations 1999 (SI 1999/2113);
	The Education (School Organisation Proposals) (Wales) Regulations 1999 (SI 1999/1671);
	The Education (Maintained Special Schools) (England) Regulations 1999 (SI 1999/2112); and
	The Education (Maintained Special Schools) (Wales) Regulations 1999 (SI 1999/1780).
232.Provisions relating to the establishment, composition and functions of school organisation committees in England are set out in section 26 of and Schedule 4 to the School Standards and Framework Act 1998, and in the Education (School Organisation Committees) (England) Regulations 1999. Provisions relating to the appointment and functions of schools adjudicators are set out in section 25 of and Schedule 5 to the same Act.
Schedule 7: inadequate LEA-maintained sixth form provision