The Education (Independent School Standards) Regulations 2014

Citation and commencement

1.  These Regulations may be cited as the Education (Independent School Standards) Regulations 2014 and come into force on 5th January 2015.

Interpretation

2.—(1) In these Regulations—

“16 to 19 Academy” has the same meaning as in section 1B of the Academies Act 2010(1);

“the 1989 Act” means the Children Act 1989(2);

“the 1997 Act” means the Police Act 1997(3);

“the 2002 Act” means the Education Act 2002(4);

“the 2006 Act” means the Safeguarding Vulnerable Groups Act 2006(5);

“the 2008 Act” means the Education and Skills Act 2008;

“the 2010 Act” means the Equality Act 2010(6);

“boarder” means a pupil for whom a school provides accommodation, whether or not the pupil is a pupil at that school;

“EHC plan” means a plan within the meaning of section 37(2) of the Children and Families Act 2014(7);

“employment business” has the meaning given in section 13(3) of the Employment Agencies Act 1973(8);

“enhanced criminal record certificate” means an enhanced criminal record certificate issued under section 113B(1)(9) of the 1997 Act, which includes, in such cases as are from time to time prescribed under section 113BA(1) of that Act, suitability information relating to children, and any relevant up-date information where such a certificate is subject to up-date arrangements;

“interim prohibition order” has the meaning given in section 141C(7)(10) of the 2002 Act;

“maintained school” means a community, foundation or voluntary school or a community or foundation special school(11);

“the National Minimum Standards for Accommodation of Students under Eighteen by Further Education Colleges” means the statement of national minimum standards published under that title in March 2002 by the Secretary of State for Health under section 87C(1) of the 1989 Act(12);

“the National Minimum Standards for Boarding Schools” means the statement of national minimum standards published under that title in November 2012 by the Secretary of State for Education under section 87C(1) of the 1989 Act;

“the National Minimum Standards for Residential Special Schools” means the statement of national minimum standards published under that title in November 2012 by the Secretary of State for Education under section 87C(1) of the 1989 Act;

“prohibition order” has the meaning given in section 141B(4)(13) of the 2002 Act;

“pupil” has the meaning given in section 3 of the Education Act 1996(14);

“relevant up-date information” means up-date information within the meaning given in section 116A(8)(b)(i)(15) or 116A(8)(c)(i) of the 1997 Act;

“school” means an independent educational institution(16) that is an independent school, or an alternative provision Academy that is not an independent school(17);

“staff” means any person working at the school whether under a contract of employment, under a contract for services or otherwise than under a contract, but does not include supply staff or a volunteer;

“suitability information relating to children” has the meaning given in section 113BA(2)(18) of the 1997 Act;

“supply staff” means any person working at the school supplied by an employment business;

“up-date arrangements” has the meaning given in section 116A(3) of the 1997 Act.

(2) For the purposes of these Regulations an “enhanced criminal record check” is made if—

(a) an application for an enhanced criminal record certificate is made under section 113B(1) of the 1997 Act and the application is countersigned by a registered person (as defined in section 120(1) of that Act) or on behalf of that person; or

(b) where an enhanced criminal record certificate has been obtained under section 113B(1) of the 1997 Act and is subject to up-date arrangements, relevant up-date information is obtained.

(3) In these Regulations, where an element of a standard is information or a document being “made available”, that element of the standard is met—

(a) in a case where the school has an internet website, if–

(i) the information or a copy of the document is available on the website in a form accessible to parents of pupils and parents of prospective pupils and available for inspection on the school’s premises during the school day; and

(ii) the proprietor takes reasonable steps to ensure that parents of pupils and parents of prospective pupils are aware that the information or a copy of the document is available and the form in which it is available; and

(b) in a case where the school has an internet website but the information or a copy of the document is not available on the website, or where the school does not have an internet website, if–

(i) the proprietor takes reasonable steps to ensure that parents of pupils and parents of prospective pupils are made aware that they may request the information or a copy of the document; and

(ii) the information or a copy of the document is sent or given to such parents free of charge, in response to a request.

(4) In these Regulations, where an element of a standard is information or a document being “provided” to a person, that element of the standard is met—

(a) where the person has provided the school with a valid electronic mail address, by sending to that address–

(i) the information or a copy of the document in electronic form; or

(ii) the address for an internet website where the information or a copy of the document can be downloaded by the person,

in which case the information or copy of the document must be available for inspection by the person on the school’s premises during the school day; or

(b) by sending or giving the information or a copy of the document to the person.

(5) For the purposes of paragraphs 18(2)(d), 19(2)(a)(i)(bb), 20(3)(b)(i), 20(5)(b)(i) and 20(6)(b)(i) of the Schedule, an enhanced criminal record check is only relevant where a person or individual is or will be engaging in—

(a) regulated activity within the meaning of Part 1 of Schedule 4 to the 2006 Act; or

(b) regulated activity relating to children within the meaning of Part 1 of Schedule 4 to the 2006 Act as it had effect immediately before the coming into force of section 64 of the Protection of Freedoms Act 2012(19).

Independent school standards

3.—(1) Except as provided in paragraphs (2) and (3), the provisions contained in the Schedule are prescribed as the independent school standards for the purposes of Part 4 of the 2008 Act in relation to any school.

(2) The standards contained in the following provisions of the Schedule do not apply to an Academy(20)—

(a) Part 1;

(b) paragraph 32(1)(b) insofar as it relates to the information referred to in paragraph 32(3)(b), (c) and (e); and

(c) paragraph 32(1)(h).

(3) The standards referred to in paragraph (2) of this Regulation and the standards contained in paragraphs 15 and 32(1)(f) of the Schedule do not apply to a city technology college or a city college for the technology of the arts(21).

John Nash

Parliamentary Under Secretary of State

Department for Education

11th December 2014