The Independent Educational Provision in England (Provision of Information) and Non-Maintained Special Schools (England) and Independent School Standards (Amendment) Regulations 2018

Regulations 4, 5 and 6

SCHEDULE

PART 1 Introductory

1.—(1) In this Schedule—

“the relevant date”—

(a)

in the case of the first annual return, means the date to which the information contained in the application of the school was made up; and

(b)

in any other case, means the date to which the last annual return was made up;

“special educational needs” has the meaning given by section 20 of the Children and Families Act 2014(1);

“special educational provision” has the meaning given by section 21 of the Children and Families Act 2014;

“year group”, in relation to a school, means—

(a)

in relation to an initial return, a group of students attending the school who attain the same age in years during the period of twelve months beginning with 1st September in the school year(2) in relation to which the return is made; and

(b)

in relation to an annual return, a group of students attending the school who attain the same age in years during the period of twelve months beginning with 1st September immediately before the date to which the annual return is made up.

(2) Any reference in this Schedule to a person employed at school is a reference to a person—

(a) providing education at the school;

(b) taking part in the management of the school; or

(c) carrying on work which—

(i) brings the person regularly into contact with children(3) who are students at the school; and

(ii) is carried out at the request of or with the consent of the proprietor of the school (whether or not under a contract).

PART 2 Information required in an application

2.—(1) If the proprietor(4) is an individual—

(a) the individual’s full name and any previous names by which the individual has been known; and

(b) the individual’s usual residential address, telephone number, email address (if the individual has one), date of birth and national insurance number (if the individual has been allocated one).

(2) If the proprietor is a body of persons corporate or unincorporate—

(a) its name;

(b) the address, telephone number and email address (if the office has one) of its registered or principal office; and

(c) in relation to each member of the body of persons, including the chair of the body—

(i) the person’s full name and any previous names by which the person has been known; and

(ii) the person’s usual residential address, date of birth and national insurance number.

(3) The name and address of the school, its telephone number and its email address (if it has one).

(4) The name of the primary contact at the school and that person’s telephone number and email address (if the person has one).

(5) In relation to the proprietor or, if the proprietor is a body of persons corporate or incorporate, the chair of the body—

(a) a statement of the proprietor’s or, as the case may be, the chair’s employment history for the period of five years prior to the date on which the initial return is made containing, for each post—

(i) the name of the institution at which the post was held; and

(ii) the title of the post held;

(b) a photograph which is a current likeness of the proprietor or, as the case may be, the chair.

3.—(1) A statement that the school is either—

(a) an independent school; or

(b) an alternative provision Academy that is not an independent educational institution.

(2) The age range of students.

(3) The maximum number of students.

(4) Whether the school is for male students or female students or both.

(5) Whether the school provides accommodation for students or makes arrangements for the provision of such accommodation and, if so, the number of beds available for boarding students.

(6) Whether the school is specially organised to make special educational provision for students with special educational needs.

(7) If the school is within sub-paragraph (6), the type or types of special educational needs, if any, for which the school is specially organised to make special educational provision.

(8) A plan showing the layout of the school premises and any accommodation provided.

(9) Any curriculum plans, schemes of work and student assessment procedures required to be produced by or under any enactment.

(10) Any written policy on the curriculum required to be produced by or under any enactment.

(11) Any written policy on behaviour required to be produced by or under any enactment.

(12) Particulars of arrangements required by or under any enactment to—

(a) safeguard and promote the welfare of students at the school;

(b) ensure that bullying at the school is prevented in so far as reasonably practicable, by the drawing up and implementation of an effective anti-bullying strategy; and

(c) ensure that the relevant health and safety laws are complied with by the drawing up and effective implementation of a written health and safety policy.

(13) Any complaints procedure required to be produced by or under any enactment.

(14) Whether the proprietor intends to provide any child with accommodation at the school (or elsewhere pursuant to arrangements made by the proprietor) for more than 295 days in any year.

(15) The religious ethos of the school, if any.

(16) Whether the premises of the school, including any accommodation provided, are at two or more separate locations, and if so, the address of each of those locations.

(17) If the school is a charity, or is conducted by a charity, the name of the charity and the number under which it is registered.

(18) Whether the school is an establishment in respect of which a person is registered under section 11 of the Care Standards Act 2000(5), and if so, the registration number required to be recorded in the register under paragraph 7 of Schedule 5 to the Care Standards Act 2000 (Registration) (England) Regulations 2010.

PART 3 Information required in an initial return

4.—(1) The number of students in each year group.

(2) If the school provides accommodation, or makes arrangements for the provision of accommodation—

(a) the number of beds available for boarding students; and

(b) the number of boarding students.

(3) If the school also provides part-time education—

(a) the number of students in each year group who receive part-time education; and

(b) the number of students in each year group who receive full-time education.

(4) If the school is co-educational, the numbers required by sub-paragraphs (1) to (3) are to be given separately for male and female students.

5.—(1) The number of students at the school for whom a local authority maintain—

(a) a statement of special educational needs pursuant to section 324 of the 1996 Act(6); or

(b) an education, health and care plan under section 37 of the Children and Families Act 2014(7).

(2) The number of students at the school who—

(a) are not within sub-paragraph (1); but

(b) have been identified as having special educational needs.

6.  The number of students at the school who are looked after by a local authority (within the meaning given by section 22(1) of the Children Act 1989(8) or, as the case may be, section 74(1) of the Social Services and Well-being (Wales) Act 2014(9).

7.—(1) In relation to teachers employed at the school—

(a) the number of full-time teachers;

(b) the number of part-time teachers; and

(c) the total number of hours a week normally worked by part-time teachers in term time.

(2) The numbers required by sub-paragraph (1) are to be given separately for male and female teachers.

8.—(1) In relation to every person employed at the school—

(a) the person’s full name and any previous names by which the person has been known; and

(b) the capacity in which the person is employed.

(2) In relation to every teacher employed at the school, a statement as to whether the teacher is the head teacher, a full-time teacher or a part-time teacher.

9.—(1) The amount of annual tuition and other fees (excluding fees for accommodation) payable in respect of a student at the school as a condition of the student’s attendance.

(2) In the case of a school which provides accommodation for students, or makes arrangements for the provision of accommodation, the amount of annual fees payable in respect of a boarding student for accommodation.

10.  Whether the premises of the school, including any accommodation provided, are at two or more separate locations, and if so, the address of each of those locations.

PART 4 Information required in an annual return

11.  The information specified in Parts 2 and 3 of this Schedule with the exception of that in paragraphs 2(2)(c) and (5), 3(1) to (4) and (6) to (16), 8 and 10.

12.  If the proprietor is a body of persons corporate or unincorporate the name and address of the chair of the body.

13.  The name of the head teacher.

14.—(1) In relation to every person who has begun or ceased employment at the school since the relevant date—

(a) the person’s full name and any previous names by which the person has been known; and

(b) the capacity in which the person is or was employed.

(2) In relation to every teacher who has—

(a) begun employment at the school since the relevant date, a statement as to whether, on the date to which the return is made up, the teacher is the head teacher, a full-time teacher or a part-time teacher;

(b) ceased employment at the school since the relevant date, a statement as to whether, at the time the teacher ceased employment, the teacher was the head teacher, a full-time teacher or a part-time teacher.

15.—(1) The number of students attending the school in each relevant year for whom accommodation was provided at the school (or elsewhere pursuant to arrangements made by the proprietor) for more than 295 days in that year.

(2) A relevant year is—

(a) in the case of the first annual return—

(i) the period of one year ending on the day before the date to which the return is made up; and

(ii) any previous years where the number is available;

(b) in any other case—

(i) the period of one year ending on the day before the date to which the return is made up; and

(ii) the two years immediately before that.

16.—(1) The number of students in each year group of students aged 15, 16, 17 and 18 years who are pursuing courses for examinations.

(2) The number of students in each year group of students aged 15, 16, 17 and 18 years who have completed courses for an examination in a qualification determined by the Office of Qualifications and Examinations Regulation(10) as a level 3 qualification(11) but who remain at the school for a purpose other than for pursuing a further course of that nature.

(3) The number of students in each year group of students aged 15, 16, 17 and 18 years (except for those within sub-paragraph (2)) who attend the school for a purpose other than pursuing courses for an examination mentioned in sub-paragraph (2).

(4) The numbers required by sub-paragraphs (1) and (2) are to be given separately for male and female students.

17.  If the school provides accommodation for students or makes arrangements for the provision of such accommodation, the number of boarding students.

18.  If a change has occurred in the premises of, or accommodation provided at, the school since the relevant date, particulars of the change including the addresses of any new location at which accommodation is provided.

19.  If a change has occurred since the relevant date in the membership of a body of persons named as the proprietor in the register or in an application to enter the school in the register, for any new member, the information required by paragraph 2(2)(c) of this Schedule.

(1)

c. 6.

(2)

“School year” is defined in section 579 of the 1996 Act.

(3)

For the definition of “child” see section 579 of the 1996 Act. “Compulsory school age” has the meaning given in section 8 of the 1996 Act.

(4)

By virtue of section 138(2) of the 2008 Act (c. 25) the reference to the proprietor includes the proprietor of a school that it is proposed should become an independent school and accordingly the information required by paragraph 3 of the Schedule to these Regulations, in the case of such a proprietor, is information about the school as it is proposed to be.

(5)

2000 c. 14. Relevant amendments to section 11 were made by paragraph 10(b) of Schedule 5 and paragraph 1 of schedule 15 to the Health and Social Care Act 2008 (c. 14) and paragraph 106 of schedule 3 to the Adoption and Children Act 2002 (c. 38).

(6)

Amendments to section 324 were made by section 9 of the Special Educational Needs and Disability Act 2001 (c. 10) and paragraph 7(2) of the Local Education Authorities and Children’s Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158).

(7)

2014 c. 6. Section 37 was amended by paragraph 97 of the Schedule to the Care Act 2014 and Children and Families Act 2014 (Consequential Amendments) Order 2015 (S.I. 2015/914).

(8)

1989 c. 41. Relevant amendments to section 22(1) were made by paragraph 19 of Schedule 5 to the Local Government Act 2000 (c. 22), section 2(1) and (2) of the Children (Leaving Care) Act 2000 (c. 35), section 116(2) of the Adoption and Children Act 2002 (c. 38) and regulation 69 of the Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413).

(9)

2014 anaw 4.

(10)

The Office of Qualifications and Examinations Regulation is established by section 127 of the Apprenticeships, Skills, Children and Learning Act 2009 (c. 22).

(11)

For the definition of “level 3 qualification” see section 3 of the 2008 Act.