The Education (Pupil Referral Units) (Application of Enactments) (England) (Amendment) Regulations 2016

EXPLANATORY NOTE

(This note is not part of the Regulations)

Section 19 of the Education Act 1996 (“the 1996 Act”) requires local authorities to make arrangements for the provision of suitable education at school or otherwise than at school for those children of compulsory school age who, by reason of illness, exclusion from school or otherwise, may not for any period receive suitable education unless such arrangements are made for them.

Any school established and maintained by a local authority which is specially organised to provide education for such children is known as a pupil referral unit (“a unit”). Schedule 1 to the 1996 Act provides that enactments which apply to maintained schools can be applied, with or without modification, to units.

The Education (Pupil Referral Units) (Application of Enactments) (England) Regulations 2007 (“the 2007 Regulations”) modify the application of enactments to units. These Regulations amend the 2007 Regulations and are concerned with the application of the Academies Act 2010 (“the 2010 Act”), following its amendment by the Education and Adoption Act 2016 (“the 2016 Act”).

The 2016 Act inserted a new subsection (A1) into section 4 of the 2010 Act. This provides for a duty on the Secretary of State to make an Academy order in respect of a school which is eligible for intervention by virtue of section 61 or section 62 of the Education and Inspections Act 2006 (“the 2006 Act”) (Schools requiring significant improvement or schools requiring special measures).

These Regulations apply that duty to units with modifications where the circumstances in relation to maintained schools that are set out in section 61 or section 62 of the 2006 Act apply. They also provide that, in line with the amendments made to section 5 of the 2010 Act, there is no duty on the unit’s management committee to carry out a consultation before a unit is converted into an Academy where the Academy order was made pursuant to section 4(A1).

The 2016 Act also inserted new sections 5B – 5E into the 2010 Act. Section 5B provides that, where an Academy order made pursuant to section 4(A1) has effect in respect of a school, the governing body of the school and the local authority must take all reasonable steps to facilitate the conversion of the school into an Academy. Section 5C gives the Secretary of State the power to give directions in relation to Academy conversion. Section 5D provides the Secretary of State with a power to revoke an Academy order and section 5E provides that before a maintained school which is causing concern is converted into an Academy, the proposed proprietor of the Academy must communicate information to parents of pupils about the proposed proprietor’s plans to improve the school. The Regulations apply these provisions to units with modifications.

An impact assessment has not been produced for this instrument as it has no impact on business or civil society organisations.