DES Circular 7/83 (1983)

This circular and its attached Order extended the provisions of 1980 Education Act relating to governing bodies to all maintained special schools to which those provisions did not already apply.

Circular 7/83 (1983) was prepared for the web by Derek Gillard and uploaded on 18 March 2021.


Circular 7/83 (1983)
Education Act 1980: application of section 2 to maintained special schools

Department of Education and Science
London: 1983
Crown copyright material is reproduced with the permission of the Controller of HMSO and the Queen's Printer for Scotland.


[page 1]

Circular No. 7/83
6 December 1983

DEPARTMENT OF EDUCATION AND SCIENCE, ELIZABETH HOUSE,
YORK ROAD, LONDON SE1 7PH

EDUCATION ACT 1980: APPLICATION OF SECTION 2 TO MAINTAINED SPECIAL SCHOOLS

1. The Secretary of State has made an order under section 2(11)(b) of the Education Act 1980, a copy of which is attached to this Circular. The order comes into force on 1 September 1984 and extends the provisions of that Act relating to governing bodies to all maintained special schools to which those provisions do not already apply.*

2. The effect of the order is to require local education authorities, in so far as they are not already required to do so:

a. to revise the instruments of government of all the special schools which they maintain so as to conform with the requirements of section 2 of the Act; and

b. because of the operation of section 3(8)(b), to establish a separate governing body for each special school which they maintain, unless they have applied for and obtained the approval of the Secretary of State to an arrangement for a joint governing body under section 3(2) of the Act.

3. The Secretary of State does not intend to approve arrangements for joint governing bodies involving special schools unless the schools concerned are shown to have strong links of organisation or interest which make a common governing body both practicable and desirable. He will, for example, be prepared to consider proposals where
a. the schools provide for pupils with similar special educational needs, and consist of:
i. a secondary school and its associated primary schools; or

ii. separate schools for boys and girls serving the same area; or

iii. two schools comprising the total provision for the particular group of pupils; or

*See Circular 4/81, paragraph 2 and Annex 1


[page 2]

b. the schools serve different needs, but are on the same or neighbouring sites and share, facilities and work in close co-operation; or

c. a special school and an ordinary school on neighbouring sites share facilities and work in close co-operation.

The Secretary of State would not normally approve proposals to group together more than two schools, unless there were exceptionally strong reasons for doing so.

4. Applications for approval to proposals for joint governing bodies involving special schools, and any enquiries about this Circular, should be addressed to Special Education Division, Room 3/92, at the address at the head of this Circular.


D J S HANCOCK



To All LEAs, Local Authority Associations, Teacher Unions and Other Bodies.


[page 3]

SCHOOL GOVERNMENT

THE EDUCATION ACT 1980 (APPLICATION OF SECTIONS 2 AND 3) ORDER 1983

Made      -      23rd November 1983

Coming into operation      -      1st September 1984

In exercise of the power conferred on the Secretary of State by section 2(11)(b) of the Education Act 1980(a), the Secretary of State for Education and Science, as respects England, and the Secretary of State for Wales, as respects Wales, hereby make the following Order:-

1. This Order may be cited as the Education Act 1980 (Application of Sections 2 and 3) Order 1983 and shall come into operation on 1st September 1984.

2. Section 2 of the Education Act 1980 (requirements as to governing bodies) shall apply to any special school maintained by a local education authority to which the section does not already apply by virtue of subsection (11)(a) thereof or the Education Act 1980 (Application of Sections 2 and 3) Order 1981(b).

Secretary of State for
Education and Science
23rd November 1983
Secretary of State for
Wales
23rd November 1983


(a) 1980 c. 20.

(b) See Department of Education and Science Circular 4/81 and Welsh Office Circular 27/81


[page 4]

EXPLANATORY NOTE

(This Note is not part of the Order.)

This Order provides that section 2 of the Education Act 1980 (requirements as to governing bodies) shall apply to any special school maintained by a local education authority to which the section does not already apply. The section already applies, by virtue of subsection (11)(a) thereof or the Order mentioned in Article 2, to schools having an instrument of government made on or after 1st July 1981, and to schools not having an instrument of government or subject to a grouping arrangement made before that date.

Section 3 of that Act (grouping of schools under single governing body) applies, by virtue of subsection (8), where section 2 applies; accordingly section 3 applies to any such school as is mentioned above.