School measures - Repeal of Duty to make Academy Order in relation to School Causing Concern

This measure seeks to convert the Secretary of State’s duty to issue an academy order to a school maintained by a local authority identified by Ofsted as being in a statutory category causing concern, into a discretionary power.

This proposed measure will change the current duty to issue academy orders to the most underperforming maintained schools into a discretionary power. Currently the Secretary of State is under a duty to issue an academy order to all maintained schools that are judged by Ofsted to be in a category causing concern (schools requiring special measures or requiring significant improvement) so that they can be converted into sponsored academies.

Repealing the duty to issue academy orders will give the Secretary of State the flexibility to determine what the most appropriate action is to drive school improvement in each individual case. For the worst performing schools, it is expected that the Secretary of State will continue to issue an academy order. However, where academisation may not be necessary, this measure means that the Secretary of State can support school improvement through other means, including the deployment of Regional Improvement for Standards and Excellence (RISE) teams, as committed to in the government’s manifesto.

The above analysis relates to Children’s Wellbeing and Schools Bill which has not yet become law and may be subject to change as it passes through Parliament. We will be posting updates to this page if there are any key developments but the above may not reflect the latest changes to the legislation.  Please contact our School Support (schoolsupport@wslaw.co.uk)  or Schools HR (schoolshr@wslaw.co.uk) teams if you require an update on the latest status of the Bill.