(This note is not part of the Regulations)
These Regulations are the first to be made under section 20(3) of the Children and Young Persons Act 2008 (“the 2008 Act”) and apply in relation to maintained schools in England.
Under section 20 of the 2008 Act, governing bodies of maintained schools must designate a member of the staff at the school as having responsibility for promoting the educational achievement of registered pupils at the school who are being looked after by a local authority; or who are care leavers (that is, relevant children or former relevant children within the meaning of sections 23A or 23C of the Children Act 1989); and those who have equivalent status under the law of Scotland or Northern Ireland (“looked after pupils”).
The Regulations provide that governing bodies must ensure that person (referred to as “the designated teacher”) has the prescribed qualifications and/or experience.
The designated teacher must be—
i
a qualified teacher who has completed the appropriate induction period (if required) and is working as a teacher at the school (regulation 3(2));
ii
the head teacher or the acting head teacher of the school (regulation 3(3)); or
iii
a person who has been doing the job of the designated teacher for six months immediately before the regulations came into force and who is training to be a teacher and likely to qualify before 1st September 2012.