Asked by: Priti Patel (Conservative - Witham)
Question to the Department for Education:
To ask the Secretary of State for Education, under what circumstances can the (a) board and (b) executive officers of a multi-academy trust alter a decision made by the head teacher of an academy sponsored by that multi-academy trust.
Answered by Robert Goodwill
A multi-academy trust board of trustees is accountable for all decisions taken in the trust. It may delegate operational matters to executive leaders and governance functions to committees and local governing bodies, or in some cases to individuals. Guidance can be found in the Governance Handbook available at: https://www.gov.uk/government/publications/governance-handbook.
Asked by: Priti Patel (Conservative - Witham)
Question to the Department for Education:
To ask the Secretary of State for Education, what powers (a) her Department and (b) local education authorities have to intervene in cases where a (i) maintained school, (ii) academy and (iii) free school have not made provision for a pupil with special educational needs.
Answered by Robert Goodwill
The statutory duties on all schools, including maintained schools, academies and free schools, in relation to pupils with special educational needs and disability (SEND) are set out in the Children and Families Act 2014 and the SEND Code of Practice 0-25 years.
The Education Act 1996 (Sections 496 and 497) gives the Secretary of State for Education powers to issue directions to school governing bodies where it is determined that they have failed to carry out a statutory duty or have done so in an unreasonable way. These powers are incorporated into the funding agreements for academies and free schools.
The Education Skills Funding Agency (ESFA) is responsible for ensuring that academy trusts comply with the requirements set out in the Funding Agreement. If a trust fails to comply with these requirements, it would be regarded as a breach of its funding agreement. In such cases, the ESFA will investigate and may use its powers to intervene; and, where there are significant concerns or a trust fails to improve, may ultimately consider termination of the funding agreement.
The Children and Families Act 2014 sets out local councils’ duties to identify and meet the needs of children and young people with SEND. The act also places a duty on schools, including maintained schools and academies, to co-operate with local councils in the exercise of their functions in relation to SEND.
Asked by: Priti Patel (Conservative - Witham)
Question to the Department for Education:
To ask the Secretary of State for Education, what steps her Department is taking to monitor the (a) educational attainment of, (b) financial performance of and (c) special educational needs support provided by education providers and multi-academy trusts.
Answered by Nick Gibb
The Department has a robust, transparent accountability system in place for education providers which monitors the attainment, progress and destinations of those they teach, including those with special educational needs and disabilities (SEND). This system is based on performance data published through school and college performance tables and the inspection of schools and colleges through Ofsted. Ofsted inspections include consideration of how well schools and colleges meets the needs of pupils with SEND.
Multi-Academy Trust performance measures were published alongside school performance tables for the first time in 2016.
Where schools and colleges are underperforming the Secretary of State has intervention powers set out in legislation and published in the Schools Causing Concern Guidance.
Academies also operate under a robust system of financial oversight and accountability, founded on a clear framework, effective oversight and compliance based on proportionate risk assessment and intervention where required. Where concerns arise, the Education and Skills Funding Agency works with trusts to prevent financial instability and enable them to recover their financial position and return to stable governance. The sector remains in a strong position, with fewer than 2% of academy trusts subject to an active Financial Notice to Improve.
Asked by: Priti Patel (Conservative - Witham)
Question to the Department for Education:
To ask the Secretary of State for Education, what guidance her Department has issued to regulate the exclusion from school of pupils with (a) special educational needs and (b) disabilities.
Answered by Robert Goodwill
The department publishes statutory guidance for head teachers and governors on exclusion: ‘Exclusion from maintained schools, Academies and pupil referral units in England’. The guidance covers the process from start to finish, and includes specific requirements in relation to pupils with special educational needs and disability (SEND). In particular, the guidance sets out that, head teachers and governing bodies should make additional efforts to consider what extra support may be required to avoid exclusion of pupils with SEND, and as far as possible, should avoid permanently excluding pupils with an Education, Health and Care Plan or Statement.