Commentary Part 2: Establishment, Discontinuance Or Alteration of Schools in England Section 17: Direction requiring discontinuance of community or foundation special school
86.This section re-enacts section 32 of the 1998 Act in its application to England.
87.Subsection (1) provides for the Secretary of State, if he considers it expedient to do so in the interests of the health, safety or welfare of pupils at a school, to direct a local education authority to discontinue a community or foundation special school on a date specified in the direction.
88.Subsection (2) provides that the direction may include a requirement that the local education authority notify people as specified in the direction.
89.Subsection (3) sets out the persons the Secretary of State must consult before giving a direction.
90.Subsection (4) requires the Secretary of State to give written notice of the direction to the head and governing body of the school.
91.Subsection (5) requires a local education authority to discontinue a school on the specific date given in a direction and provides that there is no requirement to publish statutory proposals for the school’s closure.