Section 122H Academy proprietors not performing to acceptable standardF1

(1)

Subsections (2) to (4) apply if, on completion of an inspection under section 122A, the Chief Inspector is of the opinion that—

(a)

the persons responsible for leading, managing and governing the Academy proprietor are failing to lead, manage or govern the Academy proprietor to an acceptable standard, or

(b)

the Academy proprietor is failing to lead, manage or govern an Academy of which it is the proprietor to an acceptable standard.

(2)

The Chief Inspector must—

(a)

send a draft of the report of the inspection to the Academy proprietor, and

(b)

consider any comments on the draft that are made by the Academy proprietor within such period as may be specified in regulations made by the Secretary of State.

(3)

Where, after complying with subsection (2), the Chief Inspector is of the opinion that the case falls within paragraph (a) or (b) of subsection (1), the Chief Inspector must—

(a)

without delay, notify the following persons in writing of that opinion—

(i)

the Secretary of State, and

(ii)

the Academy proprietor, and

(b)

state that opinion in the report of the inspection.

(4)

A notification made under subsection (3)(a) must also record—

(a)

in a case within subsection (1)(a), whether the Chief Inspector is of the opinion that the persons responsible for leading, managing and governing the Academy proprietor are demonstrating the capacity to secure the necessary improvement in the Academy proprietor;

(b)

in a case within subsection (1)(b), whether the Chief Inspector is of the opinion that the Academy proprietor is demonstrating the capacity to secure the necessary improvement in the Academy.

Annotations

Textual amendments

F1: Pt. 8 Ch. 2A inserted (29.4.2026 for specified purposes) by Children’s Wellbeing and Schools Act 2026 (c. 21), ss. 57(2), 78(1)(a)(5)