Updated support and intervention guidance
Prior to the publication of the Children’s Wellbeing and Schools Bill on 17 December 2024, the DfE had already updated its guidance entitled 'Schools Causing Concern' guidance as part of its wider strategy around school improvement and academisation.
The guidance, now entitled 'Support and Intervention in Schools', confirms the Government's approach to tackling educational underperformance, financial mismanagement and failures of governance in schools.
Among other things, it addresses:
- The circumstances in which a maintained school is deemed to be 'causing concern' or 'eligible for intervention';
- The various powers of the local authority and the Secretary of State (acting through the DfE's 'Region's Groups' (RGs) in respect to maintained schools;
- Intervention for underperforming academies; and
- More broadly, the role of the RG and the relevant local authority.
The key policy changes to intervention
The key changes in the updated guidance reflect the removal of the single headline Ofsted grade (replaced with four grades across the existing sub-categories). In terms of academy intervention:
|
Maintained schools |
Academies | |
| 'Schools in a Category of Concern': a school which has been judged by Ofsted (in any sub-category or in respect of safeguarding) to require significant improvement of special measures. | The Guidance acknowledges the Secretary of State's current duty to issue a directive academy order to a maintained school which is in a Category of Concern*. | The Guidance confirms there to be a presumption in favour of issuing a termination warning notice for academies which are in a Category of Concern. |
| 'Double RI schools': a school judged to be 'requires improvement' (or a lower grading) in two consecutive Ofsted inspections. | Whilst they would still (currently) have legislative power to do so, as a matter of policy, the DfE will no longer issue a directive academy order in the case of a Double RI maintained school. (Note that some academy orders have been revoked for some schools where conversion was scheduled after 1 January 2025). | It will no longer be DfE policy to issue termination warning notices for Double RI academies. |
*The Bill provides for the removal of the duty as it applies to Schools in a Category of Concern such that the Secretaryof State has a discretionary power to issue an academy order rather than a duty. This is with the intention of ensuring that the individual circumstances and needs of the school can be identified and appropriate strategies put in place (which might or might not involve structural change such as academisation) to address performance. This could instead include support through the new regional teams referred to below.
New Regional Improvement Teams and the Interim Support Offers
The updated Guidance also explains the role of new regional improvement teams (referred to as 'Regional Improvement Teams' in the Guidance and 'Regional Improvement for Standards and Excellence' (RISE) teams in the Bill) which are expected to be providing support to schools from 'early 2025'. The aim of the RISE teams will be to provide targeted support to schools for particular areas of weakness and also to co-ordinate the DfE's improvement programmes offering more generally.
Interim support offers will be available to 'eligible schools'. The 'offer' entitles an eligible school to 10 days of support from a system leader and a school's 'eligibility' will turn on its Ofsted judgements and the timing of those judgements. It includes for example, schools which previously received an academy order on the basis of a Double RI but whose order has been revoked as the conversion was scheduled post 1 January 2025.
The RGs will use regional delivery partners (RDPs) to coordinate the offer and the RDPs will notify eligible schools of the offer. RDPs will then match up a system support leader where the offer of support is accepted. Note that whilst this is described as 'an offer', there may be circumstances where the RG has the power to require the relevant school to take the support.
Looking ahead
The Education Secretary, in her speech at the Confederation of Schools Trust conference was clear that there is a role for strong trusts in the education landscape, stating that she wants "the best trusts to grow" and that "our best trusts will play a leading role". She further remains committed to introducing inspection across multi academy trusts.
Maintained schools looking to join a multi academy trust and existing single academy trusts looking to transfer their schools can still voluntarily apply for this through the RG, albeit that the conversion grants are no longer available to support with the transition.