Moved by
Lord Watson of Invergowrie
10: Clause 2, page 3, line 10, at end insert—
“( ) After section 60 (performance standards and safety warning notice) insert—
“60ZA Performance standards and safety warning notices: Academy schools
(1) A local authority may, pursuant to its duty under section 13A of the Education Act 1996 (duty to promote high standards and fulfilment of potential), give a performance standards and safety warning notice to the proprietor of an Academy school situated in the area of the local authority.
(2) Before giving a warning notice, the authority must be satisfied that—
(a) the standards of performance of pupils at the school are unacceptably low, and are likely to remain so unless the proprietor requires an improvement in standards,
(b) there has been a serious breakdown in the way the school is managed or governed which is prejudicing, or likely to prejudice, such standards or performance, or
(c) the safety of pupils or staff of the school is threatened (whether by a breakdown of discipline or otherwise).
(3) For the purposes of subsection (2)(a), the standards of performance of pupils at a school are low if they are low by reference to any one or more of the following—
(a) the standards that the pupils might in all the circumstances reasonably be expected to attain;
(b) where relevant, the standards previously attained by them;
(c) the standards attained by pupils at comparable schools.
(4) For the purposes of this section, a “warning notice” is a notice in writing by the local authority setting out—
(a) the matters on which the decision to give a warning notice under subsection (2) is based,
(b) the action which the proprietor is required to take in order to remedy those matters,
(c) the period within which the actions must be taken by the proprietor, and
(d) the action which the local authority are minded to ask the Secretary of State to take if the proprietor fails to take the required action.
(5) Academy arrangements in relation to an Academy school must include provision imposing obligations on the proprietor to comply with actions set out in a warning notice issued under this section.
(6) Academy arrangements in relation to an Academy (other than a 16 to 19 Academy or an Alternative Provision Academy) that are entered into before the date on which this section comes into force are to be treated as if they included the provision required by subsection (5), to the extent that they do not otherwise include such provision.””