My Lords, I shall speak to Amendment 13 and warning notice appeals. The Bill proposes that the governing body of an underperforming school should no longer be able to make representations to Ofsted about being given a warning notice. The amendment would restore an appeal route, although not the same route. The amendment would require the Secretary of State to make regulations that would allow a school to have a warning notice reviewed, or allow it to appeal to the First-tier Tribunal, which could then revoke the notice.
The amendment would not preclude the local authority or regional schools commissioner from issuing a revised notice to that school, but we believe that it oversteps the mark and builds into the process delays and arguments that are a distraction from the important business of getting the school to improve. Indeed, appeals to the First-tier Tribunal would lead to the clock stopping and months of delay ensuing while all avenues for appeal are exhausted. During this time, children will be in a school that is causing serious concern and they will not be given the education that they deserve.
To clarify, any complaints about the decision made by a regional schools commissioner may be directed to the schools commissioner. If a formal complaint is lodged, it will be dealt with in accordance with the department’s formal complaints procedure, which involves an independent officer, an official, investigating the complaint and making a recommendation. One formal complaint about a regional schools commissioner’s decision has been made so far and has been considered but no evidence was found to uphold it. Ultimately, the process for appealing a decision made by a regional schools commissioner is to apply for judicial review via the courts.
The noble Lord, Lord Watson, referred to warning notices. Our figures indicate that we have issued 112 formal notices to underperforming institutions. Ninety eight of these were issued to academies associated with 53 individual sponsors. We have also changed sponsor arrangements for 100 academies and free schools where there has been underperformance.