The Education (Special Educational Needs) (Approval of Independment Schools) Regulation 1991

Regulations 3 and 4

SCHEDULE 1 REQUIREMENTS TO BE COMPLIED WITH AS CONDITION OF APPROVAL AND WHILE APPROVAL IS IN FORCE

Control of the school

1.  Every person who is a proprietor of the school shall be a fit and proper person so to act.

Teaching staff

2.—(1) Subject to sub-paragraphs (2) to (5), there shall be appointed and employed a staff of teachers suitablew and sufficient in number for the purposes of securing the provision of education appropriate to the ages, abilities, aptitudes and special educational needs of the children at the school; and such staff shall include a head teacher.

(2) No person shall be appointed or employed in the capacity of a teacher or of a head teacher, or in a non-teaching capacity involving substantial contact with children, if employment of such person in any such capacity by a local education authority would be precluded by regulation 10 of the 1989 Regulations.

(3) No teacher shall be regarded as suitable for the purposes of sub-paragraph (1) unless—

(a) he is a person—

(i) falling within paragraph 1(1)(a) of Schedule 5 to the 1989 Regulations, or

(ii) who has received notification under paragraph 1(1)(b) or (c) of that Schedule that he is a qualified teacher, or

(iii) who has not received such notification but who is a person mentioned in paragraph 2(2)(e) of that Schedule; or

(b) subject to sub-paragraph (3)(d), (4) and (5), where he is teacher of hearing impaired children (otherwise that to give instruction in a craft, trade or domestic subject), he is either a qualified teacher as referred to in, or possesses a qualification for the time being approved under, regulation 15 of the 1989 Regulations; or

(c) subject to sub-paragraphs (3)(d), (4) and (5), where he is a teacher of visually impaired children (otherwise than to give instruction in a craft, trade or domestic subject), he is either a qualified teacher as referred to in, or possesses a qualification for the time being approved under, regulation 16 of the 1989 Regulations; or

(d) subject to sub-paragraphs (4) and (5), where he is a teacher of children who are both hearing impaired and visually impaired (otherwise than to give instruction in a craft, trade or domestic subject), he is either a qualified teacher as referred to in , or possesses a qualification for the time being approved under, regulation 17(1) of the 1989 Regulations.

(4) A person who possesses a qualification approved under regulation 15 or 16 of the 1989 Regulations shall be a qualified teacher for the purpose mentioned in paragraph 2(3)(d), notwithstanding that he does not possess a qualification approved for the purposes of that paragraph where the school is satisfied that no teacher with such a qualification is available to teach the children in question.

(5) A person may be appointed and employed at the school as a teacher of children who are—

(a) hearing impaired,

(b) visually impaired, or

(c) both hearing and visually impaired,

notwithstanding that he is not a qualified teacher as referred to in regulation 15, 16 or 17(1), as the case may be, of the 1989 Regulations, for the purpose of such appointment or employment, if his employers are satisfied that it is his intention to acquire a qualification approved by the Secretary of State under the said regulation 15, 16 or 17(1), as the case may be; provided, however, that the aggregate period for which he has been employed, in one or more schools, as the teacher of such children as are mentioned in paragraphs (a), (b) or (c) of this sub-paragraph, as the case may be, does not exceed three years.

Residential care staff

3.—(1) In the case of an independent school which is also a boarding school, and subject to paragraph 2(2), there shall be employed staff suitable and sufficient in number for the purposes of securing the proper care and supervision of the boarders, and of attending to their welfare.

(2) Without prejudice to the generality of sub-paragraph (1), the staff referred to therein shall include an appropriately qualified and experienced person who is the head of care and who is designated as such; and the head of care shall not also be the head teacher of the school.

Admissions

4.  The proprietor shall maintain arrangements to secure that a child shall not be admitted to the school unless the school is capable of providing the child with full-time education appropriate to his age, ability, aptitude and special educational needs.

Exclusions

5.  The proprietor shall make and maintain arrangements to secure that children shall not be excluded from the school otherwise than on reasonable grounds: provided that, before any decisions is taken as to whether any child is to be excluded the proprietor or head teacher shall give, unless it would not be appropriate to do so in any case, written notice to his parents, the local education authority, or, as the case may be, the local authority which have arranged for the placing of the child at the school and the local authority in whose area the school is situated, stating the grounds for the proposed exclusion, and shall take into account any representation made by them.

Health and welfare of pupils

6.—(1) Provision shall be made by the proprietor—

(a) for the care and supervision of the health of the children at the school by appropriately qualified persons with, in the case of a school providing for children with a particular type of disability or particular types of disabilities, experience relevant thereto,

(b) in the case of a school which is also a boarding school, for such steps as may be necessary to be taken to safeguard and promote the welfare of the boarders at all times, and

(c) for the maintenance of medical and dental records relating to the children at the school.

(2) Without prejudice to the generality of sub-paragraph (1), provision shall be made (by way of arrangements in pursuance of paragraph 1(b) of Schedule 1 to the National Healthe Service Act 1977(1) or otherwise) for the medical and dental inspection at appropriate intervals of the children at the school and their medical and dental treatment, and for any other medical examination or treatment which may be needed.

Substances and apparatus involving health hazards

7.—(1) This paragraph shall apply in relation to the use of—

(a) any radioactive substance which has a specific activity in excess of 100 becquerels per gram, or

(b) any apparatus in which electrons are accelerated in vacao by a potential difference of at least 5 kilovolts other than a cathode ray oscilloscope, a television receiving set or a visual display unit used in the normal way for viewing.

(2) Before any such substance or apparatus is used for the purpose of instruction at the school, the Secretary of State shall be notified in writing of the proposed use.

Religious worship and education

8.  Arrangements shall be made to secure that, so far as practicable, every child with a statement at the school who has been placed there pursuant to arragnements made by a local education authority will attend daily religious worship and receive religious education, or will be withdrawn from attendance at such worship or from receiving such education, in accordance with the wishes of his parents.

Incident and punishment books

9.—(1) An incident book shall be kept in which there shall be recorded—

(a) any incident involving a person who either is a child or is employed at the school which results in personal injury (to that or some other person) or damage to property, and

(b) any loss or theft of, or damage to, property (otherwise than as a result of such an incident) where the property is that of such a person as aforesaid or school property,

without prejudice, however, to the recording therein of other incidents and matters.

(2) A punishment book shall be kept in which there shall be recorded disciplinary measures taken against children at the school.

Premises

10.—(1) The premises of the school shall, subject to sub-paragraph (2), conform to the standards prescribed by regulations from time in force under section 10 of the Education Act 1944(2) and applicable in the case of a school maintained by a local education authority.

(2) If the Secretary of State is satisfied with respect to the school that it would be unreasonable to require conformity with a requirement of the said regulations as to any matter having regard to all the circumstances of the case, he may give a direction that the premises of the school shall, while the direction remains in force, be deemed to conform to the prescribed standards as respects matters with which the direction deals if such conditions, if any, as may be specified in the direction as respects those matters are observed.

(1)

1977 c. 49.

(2)

1944 C.31. The Regulations currently in force are the Education (School Premises) Regulations 1981, S.I. 1981/909, to which there are amendments not relevant to these Regulations.