Part 3 E+W Further provisions about maintained schools

General duties of governing body E+W

38 General duties of governing body of maintained school E+W

(1) In section 21 of EA 2002 (general responsibility for conduct of school) after subsection (4) insert—

“(5) The governing body of a maintained school shall, in discharging their functions relating to the conduct of the school—

(a) promote the well-being of pupils at the school, and

(b) in the case of a school in England, promote community cohesion.

(6) The governing body of a maintained school shall, in discharging those functions, have regard to any relevant children and young people's plan.

(7) In discharging those functions, the governing body of a maintained school in England shall also have regard to any views expressed by parents of registered pupils.

(8) In this section “well-being”—

(a) in relation to a pupils at a school in England, means their well-being so far as relating to the matters mentioned in section 10(2) of the Children Act 2004, and

(b) in relation to pupils at a school in Wales, means their well-being so far as relating to the matters mentioned in section 25(2) of that Act.

(9) In this section “relevant children and young people's plan” means—

(a) in relation to a school in England—

(i) any plan published by the [F1 local authority] under section 17 of the Children Act 2004 (children and young people's plans: England), or

(ii) in a case where the [F1 local authority] are not required by regulations under that section to prepare and publish a plan, any plan which is published by the authority and sets out their strategy for discharging their functions in relation to children and relevant young persons within the meaning of that section, and

(b) in relation to a school in Wales—

(i) any plan published by the [F1 local authority] under section 26 of the Children Act 2004 (children and young people's plans: Wales), or

(ii) in a case where the [F1 local authority] are not required by regulations under that section to prepare and publish a plan, any plan which is published by the authority and sets out their strategy for discharging their functions in relation to children and relevant young persons within the meaning of that section.”

(2) In section 28 of that Act (limit on power to provide community facilities etc.), after subsection (4) insert—

“(4A) In exercising the power under section 27(1), the governing body of a maintained school shall have regard to any relevant children and young people's plan.

(4B) In subsection (4A) “relevant children and young people's plan” has the meaning given by section 21(9).

(4C) In exercising the power under section 27(1), the governing body of a maintained school in England shall also have regard to any views expressed by parents of registered pupils in circumstances where subsection (4)(a)(iii) does not apply.”

Textual Amendments

F1 Words in Pts. 1-7 substituted (5.5.2010) by The Local Education Authorities and Children’s Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), art. 1, Sch. 2 para. 14(2)

Commencement Information

I1 S. 38 in force at 1.9.2008 for W. by S.I. 2008/1429, art. 3(3), Sch. Pt. 3

I2 S. 38(1) in force at 25.5.2007 for specified purposes for E. by S.I. 2007/1271, art. 2

I3 S. 38(1) in force at 1.9.2007 for E. in force in so far as not already in force by S.I. 2007/1801, art. 3(a)

I4 S. 38(2) in force at 25.5.2007 for E. by S.I. 2007/1271, art. 3