Independent Schools
It is important to make sure that all registered independent schools in England offer their pupils a safe and secure learning environment and suitable learning opportunities, which match pupils’ age, aptitude and special needs. Regulations help to secure this. There are associated regulations about information the schools should provide to the government about setting inspection fees and about how schools can be designated as having a religious character.
We would welcome any comments about how well these regulations are working and information about any unnecessary burdens which they may be causing.
You can find all regulations that relate to independent schools below to the left.
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Academy Conversions (Transfer of School Surpluses) Regulations 2010, SI 2010/1938 These regulations require local authorities to calculate and transfer to the Academy Trust the surplus funds of a school which has converted to Academy status. The proprietor of the Academy may challenge the amount through the Secretary of State.
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Independent Schools (Employment of Teachers in Schools with a Religious Character) Regulations 2003 (SI 2003/2037) These regulations allow independent schools with a religious character designation to give preference in employment to teachers who are of the same religion. They allow religious designation orders to be made for schools by the Secretary of State.
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Religious Character of Schools (Designation Procedure) (Independent Schools) (England) Regulations 2003 (SI 2003/2314) These regulations set out how an independent school can apply for an order designating it as having a religious character.
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Religious Character of Schools (Designation Procedure) (Independent Schools) (England) (Amendment) Regulations 2004 (SI 2004/2262) These regulations allow designation of a religious character to an independent school before it opens, so prior staff recruitment can take account of faith. They allow revocation of designation if a school closes.
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Education (Independent Educational Provision in England) (Inspection Fees) Regulations 2009 (SI 2009/1607) These regulations set the fees payable by independent schools to Ofsted for inspections.
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Education (Independent Educational Provision in England) (Inspection Fees) (Amendment) Regulations 2010. SI 2010/1002 These regulations amend the main 2009 fees regulations to make clear that a school is defined as ‘large’ or ‘small’, and charged accordingly.
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Education (Independent Educational Provision In England) (Unsuitable Persons) Regulations 2009 (SI 2009/1633) These regulations define the categories of people deemed unsuitable to work with children and/or vulnerable adults, and describes the kind of work at an independent school which, if undertaken by a person deemed unsuitable to work with vulnerable people, could lead to de-registration of that school.
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Education (Independent Educational Provision In England) (Unsuitable Persons) (Amendment) Regulations 2010 (SI 2010/2920) These regulations amend the definition of work in the main 2009 Unsuitable Persons Regulations.
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Education (Independent School Standards) Regulations 2010 (SI 2010/1997) These regulations set out the seven standards which independent schools must comply with for initial and continued registration.
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Education (Individual Pupil Information) (Prescribed Persons) (England) Regulations 2009, SI 2009/1563 These regulations set out those authorities or people who may receive information about an individual pupil from the Secretary of State (SofS) or from an information collator working on the SofS’s behalf.
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Education (Independent Educational Provision in England) (Provision of Information) Regulations 2010 (SI 2010/2919) These regulations set out information which must be provided by independent schools and allow schools to be removed from the register of independent schools for failing to provide information.
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Education (Pupil Registration) (England) Regulations 2006 (SI 2006/1751) These regulations require schools to keep registers and prescribes grounds on which they may delete pupils from admissions’ registers. Requires schools to notify the LA of pupils not attending for a specified period or deleted.
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Education (Pupil Registration) (England) (Amendment) Regulations 2010 (SI 2010/1725) These regulations add a national or local emergency to reasons a pupil may be marked absent from school.
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Education (Pupil Registration) (England) (Amendment) Regulations 2011 (SI 2011/1625) These regulations allow schools to delete a school age pupil from the admission register if parental fees are outstanding for a boarder at a maintained school or an Academy.
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Education (Pupil Information) (England) Regulations 2005 (S.I. 2005/1437) These regulations entitle independent schools to receive a pupil information transfer file when a new pupil transfers from a maintained school
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Education (Pupil Information) (England) (Amendment) Regulations 2008 (S.I. 2008/1747) These regulations make various amendments to the requirements for information and transfer records required in the 2005 regulations
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Education (School Performance Information) (England) Regulations 2007 (SI 2007/2324) These regulations require independent schools with pupils aged 15 and above to provide information to the Secretary of State on qualifications obtained at KS4 or sixth form levels, and other general information about the school.
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Education (School Performance Information) (England) (Amendment) Regulations 2009 (SI 2009/646) These regulations require schools to provide the Secretary of State on request with the reason for the absence of a pupil from Key Stage 3 National Curriculum Tests.
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Education (School Performance Information) (England) (Amendment) Regulations 2008 (SI 2008/364) These regulations amend the requirement for schools to report the results of teacher assessments in non-core subjects at Key Stage 3
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Education (School Performance Information) (England) (Amendment No. 2) Regulations 2008 (SI 2008/1727) These regulations set a new requirement to provide information about each external qualification taken by the pupils at Key Stage 4, and the grade or level achieved.
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Education (School Leaving Date) Order 1997 (SI 1997/1970) These regulations set the date on which pupils cease to be of compulsory school age.
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Education (Prohibition from Teaching or Working with Children) Regulations 2003 (SI 2003/1184) These regulations set out the information that employers must provide following dismissal, which may then lead the Secretary of State to prohibiting the person from teaching or working with children, and the procedure for appeals and reviews.
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Education (Prohibition from Teaching or Working with Children) (Amendment) Regulations 2007 (SI 2007/195) These regulations extend the circumstances in which the Secretary of State may prohibit a person from teaching or working with children.
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Education (Prohibition from Teaching or Working with Children) (Amendment) Regulations 2004 (SI 2004/1493) These regulations make additions to the list of offences which in certain circumstances will lead to automatic prohibition from teaching or working with children.
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Greenwich Hospital School (Regulations) (Amendment) Order 1948, SI 1948/2792 These regulations expand on previous legislation for the admissions criteria of sons of British servicemen to the Greenwich Hospital School.
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Greenwich Hospital School (Regulations) (Amendment) Order 1956, SI 1956/1894 These regulations introduced the payment of fees to the Greenwich Hospital School and specified that the level of fees would be determined by the Lords Commissioner of the Admiralty.
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Tell us what you think should happen to these regulations and why, being specific where possible:
- Could their purpose be achieved in a non-regulatory way (eg through a voluntary code?) How?
- Could they be reformed, simplified or merged? How?
- Can we reduce their bureaucracy through better implementation? How?
- Can we make their enforcement less burdensome? How?
- Should they be left as they are?
Independent schools used to have 10 regulations in 2001 – this was perceived as unfair on the State schools, so instead of reducing the burden on state schools, the burden on independent schools was increased. At the moment, the Independent Schools Inspectorate inspections are vastly bureaucratic exercises, which give mostly only judgement on compliance, and virtually no time to quality and observation. The only red tape we need is Health and Safety and Child protection, and possibly some boarding standards. The rest (the other 141 regulations) are decided by the market place. Inspections have now taken on a life of their own and are almost completely irrelevant to what we do, thanks to the bureaucracy and red tape. We are no better as institutions of education than we were in 2001, so I recommend scrapping the lot.Comment Tags: Red tape irrelevant to good education