Challenging a Forced Conversion

The Education and Adoption Act 2016 has brought about increased powers of intervention against schools deemed to be ‘failing’, ‘coasting’ or ‘underperforming’.

The decisions of public bodies, such as the Secretary of State (and therefore of RSCs where they assume the powers of the Secretary of State), local authorities and schools can be challenged by way of judicial review and other appropriate proceedings in the High Court.

However, it is not the case that schools in this position will in all circumstances face the prospect of a forced academy conversion. The NUT has produced a briefing on the Education and Adoption Act which sets out the implications for schools in different circumstances. See our detailed legal advice on the legislation.

Our advice in respect of  ‘Failing’, ‘Coasting’ and ‘Underperforming’ Schools  aims to support NUT local officers in addressing questions from NUT members and others about the implications of recent Government policy initiatives for maintained schools and local authorities. In particular it looks at the implications of new legislation for so-called ‘failing’, ‘coasting’ or ‘underperforming’ schools.

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