1. LA role - Schools Causing Concern

2. Statutory Duties
Section 13A of the Education Act (1996) - a local authority must exercise its education functions with a view to promoting high standards.
The Education and Adoption Act 2016 introduces new provisions for action to be taken in schools and academies that are causing concern (those which are failing or coasting)
Schools Causing Concern statutory guidance March 2016
“Schools are responsible for their own improvement. Local authorities have a statutory duty to monitor and challenge maintained schools in order to ensure high levels of attainment and progress for all children and young people, including vulnerable groups and individuals, and to intervene when these outcomes are in danger of being missed.” 2

3. What does this mean?
Councils will be expected to take action if there are concerns about the performance of any school in their area, and use their intervention powers to act early and effectively to secure improvement. This means that we will
monitor the performance of schools and settings and try to resolve any emerging issues swiftly and informally
intervene at an early stage where there are concerns about:
the performance or progress of groups of pupils, especially the most vulnerable
the quality of teaching and learning
Safeguarding
behaviour
issue a Formal Warning Notice where there is insufficient progress
act quickly and decisively in maintained schools judged by Ofsted to be Inadequate 3

4. Local Authority Levels of concern
Level IV: Schools causing some concern to the Local Authority and requiring an additional monitoring brief
Level III: Schools causing concern to the Local Authority and requiring a close monitoring brief
Level II: Schools subject to formal warning
Level I: Schools identified by Ofsted as inadequate (either Serious Weaknesses or Special Measures) 4

5. How is this decided?
Regular half-termly review of what we know about your school based on the following information:
Most recent Ofsted judgement and when the next Ofsted inspection is due
Likelihood (based on data and previous judgement) of getting good or outstanding
Safeguarding audit
Parental complaints
Leadership issues (including head teacher and governor vacancies
Finance (does the school have a licensed deficit and how confident are we that they have a robust plan in place to meet this)
SFVS for maintained schools 5

6. Issuing a Warning Notice
Triggered by one or more of the following:
Identified by Ofsted as inadequate (either Serious Weaknesses or Special Measures)
Standards of performance of pupils at the school are unacceptably low and are likely to remain so including where a school is below floor or defined as coasting
There has been a serious breakdown in the way the school is managed or governed which is prejudicing, or likely to prejudice, standards of performance
The safety of pupils or staff of the school is threatened and/or
The Local Authority has previously informed the Governing Body and the Headteacher of their concerns and those matters have not been remedied to the Local Authority’s satisfaction. 6

7. Notification Process
Chair of Governors and diocese (where appropriate) invited to meet with the Director of Children’s Service
To reassure the Director that they have a plan for addressing the concerns identified
To agree the timescale by which improvements will be made
Formal letter setting out:
Reasons for issuing the notice
What the governors are required to do within the timescale stated
Powers of intervention should the governing body not comply with the Notice
Copy of the Warning Notice is sent to Ofsted and the RSC 7

8. Useful links
november-2016-provisional-data framework-education-skills-and-early-years-from-september-2015 8