The Education (Non-Maintained Special Schools) (England) Regulations 2011

PART 1 CONDITIONS OF APPROVAL UNDER SECTION 342 OF THE 1996 ACT

Special educational provision

1.  The arrangements to be made at the school with respect to—

(a) the registered pupils(1) for whom special educational provision is to be made, categorised by reference to the number, age and sex of day pupils and boarding pupils respectively, and their respective special educational needs, and

(b) the special educational provision to be made for these pupils,

are approved by the Secretary of State.

Governing body

2.—(1) The arrangements to be made at the school with respect to the composition and proceedings of the governing body and the appointment or election of its members—

(a) meet the requirements set out in sub-paragraph (2), and

(b) are approved by the Secretary of State.

(2) The arrangements referred to in sub-paragraph (1) must provide—

(a) for the governing body to include—

(i) at least one member appointed by one or more local authority,

(ii) at least one member elected by teachers at the school from among their number, and

(iii) subject to sub-paragraph (3), at least one member elected by, or appointed to represent, parents of children at the school;

(b) that a governor is to hold office for a period of four years from the date of election or appointment, except in the case of a governor who is the head teacher of the school who may hold office as long as they are the head teacher; and

(c) that the governing body must hold at least three meetings in every school year.

(3) The person who is elected or appointed under sub-paragraph (2)(a)(iii) must be a person who is the parent of—

(a) a registered pupil at the school,

(b) a child of compulsory school age with special educational needs,

(c) a person of any age with special educational needs, or

(d) a child of compulsory school age, and

must not be an elected member of the local authority, or a person paid to work at the school for more than 500 hours in any consecutive twelve month period.

Welfare of pupils

3.  The arrangements for safeguarding and promoting the health, safety and welfare of the registered pupils at the school—

(a) have regard to any guidance published from time to time about safeguarding and promoting the health, safety and welfare of pupils, and

(b) are approved by the Secretary of State.

Suitability of staff

4.—(1) Where at the time that an application for approval of a school is made, a person has been appointed to a position at the school, which is not the position of chair of the governing body, the checks referred to in sub-paragraphs (2) to (6) have been carried out before the appointment was made or, if permitted, as soon as practicable thereafter.

(2) The identity of the person must be checked, the person must meet all relevant staff qualification requirements and a check must be made of the person’s right to work in the United Kingdom.

(3) An application for an enhanced criminal record certificate must be made in respect of the person, and an enhanced criminal record certificate obtained before, or as soon as practicable after, the person’s appointment but in any event before the person starts work.

(4) In the case of a person who has lived outside the United Kingdom, for whom obtaining an enhanced criminal record certificate is not sufficient to establish suitability to work in a school, such further checks must be made as the proprietor considers appropriate, having regard to any guidance issued by the Secretary of State.

(5) In the case of a person who cares for, supervises or is in charge of children for whom accommodation is provided, a check must be made to ensure that person is vetted in accordance with the National Minimum Standards.

(6) Sub-paragraphs (3) to (5) do not apply in respect of a person who has worked in—

(a) a school in England in a position involving regular contact with children or young persons,

(b) a maintained school in England in a position to which the person was appointed on or after 12th May 2006 and which did not involve regular contact with children or young persons, or

(c) an institution within the further education sector in England(2) in which the position involved regular contact with children or young persons in the provision of education,

during a period which ended not more than three months before taking up the appointment at the non-maintained special school in question.

Supply staff

5.—(1) Where at the time that an application for approval of a school is made, a person supplied by an employment business to the school is working as a teacher or member of support staff at the school, the requirements in sub-paragraphs (2) to (7) have been complied with.

(2) The proprietor must have received—

(a) a written notification from the employment business in relation to that person—

(i) that the checks referred to in paragraph 6(5)(a) have been made,

(ii) that an application for an enhanced criminal record certificate has been made, or an enhanced criminal record certificate has been obtained by that or another employment business, and

(iii) if the employment business has obtained an enhanced criminal record certificate before the person is due to begin work at the school, whether it disclosed any matter or information, or any information was supplied to the employment business, in accordance with section 113B(6)(b) of the 1997 Act;

(b) where the employment business has obtained an enhanced criminal record certificate before the person is due to begin work at the school, and it discloses any matter or information, or any information was provided to the employment business in accordance with section 113B(6)(b) of the 1997 Act, a copy of the certificate and the information supplied;

(c) in the case of a person who has lived outside the United Kingdom, for whom obtaining such a certificate is not sufficient to establish suitability to work in a school, written notification of such further checks made by the employment business as it considered appropriate, having regard to any guidance issued by the Secretary of State and the information disclosed by such checks.

(3) Except in the case of a person to whom sub-paragraph (4) applies, the certificate referred to in sub-paragraph (2)(a)(ii) must have been obtained not more than three months before the date on which the person is due to begin work at the school.

(4) This sub-paragraph applies to a person who has worked in—

(a) a school in England in a position involving regular contact with children or young persons,

(b) a maintained school in England in a position to which the person was appointed on or after 12th May 2006 and which did not involve regular contact with children or young persons, or

(c) an institution within the further education sector in England in which the position involved regular contact with children or young persons in the provision of education,

during a period which ended not more than three months before the date on which the person is due to begin work at the non-maintained special school in question.

(5) Before a person who is offered for supply by an employment business may begin work at the school the person’s identity must be checked by the proprietor (irrespective of whether any such check was carried out by the employment business before the person was offered for supply).

(6) Sub-paragraph (7) applies to a person (other than a person to whom sub-paragraph (4) applies) who is offered for supply by an employment business to begin work at the school to care for, supervise or be in charge of children for whom accommodation is provided.

(7) Before a person to whom this sub-paragraph applies may begin work at the school, the proprietor must make a check to ensure that the person is vetted in accordance with the National Minimum Standards.

Register of checks

6.—(1) At the time an application for approval of a school is made a register of checks is maintained which meets the requirements set out in sub-paragraphs (2), (3), (5) and (6).

(2) In relation to each member of staff appointed, the register must show whether the checks required by paragraph 4(2) to (5) have been undertaken and the register must include the date on which each such check was completed and in the case of an enhanced criminal record certificate, the date on which the certificate was obtained.

(3) Subject to paragraph (4), in relation to each member of staff in post on 1st August 2007 who was appointed at any time before 1st May 2007, the register must show whether each check referred to in sub-paragraph (2) was made and whether an enhanced criminal record certificate was obtained, together with the date on which any check was completed or certificate obtained.

(4) Sub-paragraph (3) applies, in the case of a member of staff appointed before 12th May 2006, only if that person’s post involves regular contact with children or young persons.

(5) In relation to any person supplied by an employment business to work at the school the register must show whether—

(a) written notification has been received from the employment business that it has made checks corresponding to those which sub-paragraph (2) requires (other than checks under paragraph 4(4)) in relation to the employee, together with the date on which the notification was received, and

(b) a check has been made in accordance with paragraph 5(7) together with the date on which the check was made.

(6) Where written notification has been received from the employment business that it has obtained an enhanced criminal record certificate which disclosed any matter or information, or that information was provided to it in accordance with section 113B(6)(b) of the 1997 Act, the register must show whether the employment business supplied a copy of the certificate and the information to the school.

(7) The register required to be kept under this paragraph may be maintained in electronic form, provided that any information recorded is capable of being reproduced in legible form.

Suitability of the chair of the governing body

7.—(1) No person is to be appointed chair of the governing body of a school unless the requirements of sub-paragraphs (2) to (4) have been complied with.

(2) The identity of any such person must have been checked and a check made of the person’s right to work in the United Kingdom by the Secretary of State.

(3) An application for an enhanced criminal record certificate must have been made and the enhanced criminal record certificate obtained by the Secretary of State.

(4) In the case of any person for whom, by reason of the person’s living or having lived outside the United Kingdom, obtaining such a certificate is not sufficient to establish that person’s suitability to be the chair of the governing body, such further checks as the Secretary of State considers appropriate must have been made.

Financial interests

8.—(1) The school is not conducted for profit.

(2) No member of the staff may have a financial interest in the school other than by reason of receiving a salary that is unrelated to the financial performance of the school.

Premises

9.—(1) Subject to sub-paragraph (2), at the time that an application for approval of a school is made, the premises of the school conform to the standards applicable to maintained special schools prescribed in regulations from time to time in force under section 542 of the 1996 Act(3).

(2) Where the Secretary of State is satisfied that it would be unreasonable to require conformity with any of the standards applicable to maintained special schools prescribed in regulations in force under section 542 of the 1996 Act, the Secretary of State may direct that different standards apply.

Fire safety

10.  The Regulatory Reform (Fire Safety) Order 2005(4) is complied with.

(1)

For the meaning of “registered pupil” see section 434(5) of the 1996 Act.

(2)

An institution within the further education sector is an institution within the meaning of section 91(3) of the Further and Higher Education Act 1992 (c.13).

(3)

Section 542 has been amended by section 140(1) and (3) of, and Schedule 30, paragraph 158 and Schedule 31 to, the 1998 Act and S.I. 2010/1158. Regulations in force under this section at the time of making these Regulations are the Education (School Premises) Regulations 1999 S.I. 1999/2.

(4)

S.I. 2005/1541.