National Assembly for Wales

The School Organisation Code provides for anyone with an interest to express their opposition or concerns on the proposal, including the process followed, as part of the statutory consultation process. 

Individuals are also able to raise objections during the subsequent objection period.  The proposer must publish consultation and objection reports summarising each of the concerns raised and responding to these by means of clarification, amendment to the proposal or rejection of the concerns with supporting reasons.     

The decision maker must conscientiously consider objections alongside the arguments in respect of the proposals and in the light of the factors set out in the Code. This includes the factors to be considered in respect of the proposed closure of schools designated as rural. 

Where they believe that a local authority is failing to comply with the Code, individuals are open to raise a complaint using the local authority’s established complaints procedures. 

Individuals can also raise their concerns with the Welsh Ministers.  However,   the complaints process is not intended to be a substitute for the school organisation process set out in the Code and summarised above. 

The School Organisation Code is made under Sections 38 and 39 of the School Standards and Organisation (Wales) Act 2013.  It imposes requirements in accordance with which relevant bodies, including local authorities and the governing bodies of maintained schools, must act.  Where mandatory requirements are imposed by the Code or the 2013 Act or another statute or statutory instrument, it is stated that relevant bodies must comply with the particular provision. 

It includes statutory guidance to which relevant bodies must have regard.  Where guidance is given by the Code, it is stated that relevant bodies should follow this guidance unless they can demonstrate that they are justified in not doing so.

The Welsh Ministers have powers to intervene in the exercise of a local authority’s education functions.  This is set out at Chapter 2 of Part 2 of the School Standards and Organisation (Wales) Act 2013 (the Act). Section 21 of the Act details the grounds for intervention:

• GROUND 1 - The local authority has failed, or is likely to fail, to comply with a duty that is an education function.
• GROUND 2 - The local authority has acted, or is proposing to act, unreasonably in the exercise of an education function.
• GROUND 3 - The local authority is failing, or is likely to fail, to perform an education function to an adequate standard.

a) What those powers are

The Welsh Ministers have a number of powers of intervention where they are satisfied a local authority meets one or more of the grounds for intervention. 

They include the following powers: 

• Power to require local authority to obtain advisory services;
• Power to require performance of functions by other persons on behalf of authority
• Power to require performance of functions by Welsh Ministers or nominee
• Power to direct exercise of other education functions
• General power to give directions and take steps

The intervention would depend on the particular grounds.  Where the Welsh Ministers were satisfied that there is evidence that a local authority has not complied with a statutory requirement it may be appropriate in such circumstances to issue a general direction to the effect that the authority must comply with the necessary provisions.

b) When and how these powers can be used

The powers can be used where the Welsh Ministers are satisfied there is evidence that one or more of the grounds for intervention exist and the local authority has failed to comply with a warning notice to the Welsh Ministers satisfaction within the necessary timescale. 

c) At what point in the process parents or governors can complain to the Welsh Government

There is no restriction on when parents or governors can complain to the Welsh Ministers. However, in most circumstances the Welsh Ministers would have expected complainants to have exhausted the local complaints procedures and that the local authority has had an opportunity to respond to the complaint.