such a service, whilst also giving schools the power to charge different prices for the same item. Section 37 enacts Schedule 11 of the Act which makes provision about the creation of new schools. It requires that when a local authority is of the opinion that a new school is required, it must seek proposals for such a school to be created through the creation of a new academy school, and that no competition for the creation of a new school may begin without the local authority obtaining the consent of the Secretary of State. The Schedule sets out the various bureaucratic processes that must be conducted by both the local authority and Secretary of State when the local authority decides that a new school is needed. The interpretation of this section of the Act was tested by a judicial review in November 2012, when the court upheld the decision of Richmond Local Authority to establish Voluntary Aided schools, St. Richard Reynolds Catholic College, without first seeking proposals for an Academy. Section 38 reduces the number of different categories of governors that must be elected or appointed to a school's governing body, whilst Section 39 makes provision for the procedure to dissolve the governing body of a single school within a wider federation of schools should the school wish to leave the federation in order to convert to academy status. Section 40 gives power to the Chief Inspector of schools to create a list of 'exempt schools' that do not need to be inspected at the regular intervals set out in the Education Act 2005, whilst Section 41 makes provision about what matters should be covered by a school inspection. Further education and sixth-form colleges that received an 'Outstanding' inspection grading in their last inspection are given exemption from future inspections by virtue of Section 42, whilst Section 43 clarifies the requirements of inspections of schools that provide boarding accommodation. Section 44 gives the Secretary of State additional powers to intervene in schools that have been judged by Ofsted to require improvement, including the power to direct the closure of any school that has failed to comply with performance standards. Section 45 removes the requirement of the Local Government Ombudsman to consider complaints about a school from parents and pupils, as well as strengthening the Secretary of State's power to intervene when they are of the opinion that a governing