Question to the Department for Education:

To ask Her Majesty’s Government what powers local authorities have to intervene regarding safeguarding concerns at an academy school.

Under the Children Act 1989, local authorities are under a duty to safeguard and promote the welfare of children and young people within their area by providing a range and level of services appropriate to those children’s needs. This is regardless of the type of educational provision.

Section 47 of the same act requires the local authority to investigate whether action should be taken by them to safeguard or promote the welfare of children suffering, or likely to suffer, significant harm.

The statutory guidance Working Together to Safeguard Children (2015) and Keeping children safe in education (2014) clarifies the core legal requirements for individuals and organisations to keep children safe. The guidance applies in its entirety to all schools. Schools have responsibilities to notify the local authority if there are safeguarding concerns about individual children or recruitment issues linked to individual staff. Statutory guidance also sets out how all schools are expected to cooperate with the local safeguarding children board to ensure that safeguarding practice across the area is joined up and robust.

If a local authority has concerns about the general adequacy of statutory safeguarding arrangements in place in a particular academy, they may notify the academies regulator, i.e. the Education Funding Agency (EFA), which can seek compliance, or Ofsted, which has powers to inspect safeguarding arrangements. In such circumstances, the EFA will take appropriate action to check that the academy’s arrangements are compliant with its statutory responsibilities. The EFA may also notify Ofsted of any concerns or evidence it has about an academy’s apparent failure to operate adequate safeguarding arrangements.