Independent School

From FamilyLawWiki

The first section of this is copied from parentscentre.gov.uk, so I guess there's some copyright on this. Needs rewriting

There are approximately 2,300 independent schools in England. They are not funded by the state and obtain most of their finances from fees paid by parents and income from investment. Just over half of all independent schools have charitable status.

All independent schools, both day and boarding, must by law be registered with the Department for Education and Skills and, as a condition of registration and continued registration, must reach and maintain standards set out in regulations.

The regulations cover the quality of education provided; the spiritual, moral, social and cultural development of pupils; the welfare, health and safety of pupils; the suitability of proprietors and staff; the premises and accommodation; the provision of information for parents; and the way in which complaints are dealt with. These aspects will be examined prior to registration during inspections by Ofsted for the purpose of determining whether a school meets the required standard for registration. An independent school will not be allowed to operate and admit pupils until registration is granted by the DfES.

Once registration is granted, standards will be monitored during a regular six-yearly cycle of inspections. Failure to maintain these standards will result in enforcement action which could ultimately lead to the school being deleted from the register of independent schools and being forced to close, as it is illegal to operate an unregistered school.

Schools will be inspected by either Ofsted or by the Independent Schools Inspectorate, in the case of a school being in membership of an association within the Independent Schools Council. Independent boarding schools are also inspected by the Commission for Social Care Inspection at least every three years to confirm standards of welfare. Fire precautions are inspected by local fire brigades. These systems of inspection are aimed at supporting schools in reaching and sustaining satisfactory standards.

These requirements do not seek to interfere with an independent schools freedom to conduct the day-to-day running of their school, but seek to achieve an appropriate balance which protects pupils and safeguards parents' interests. Beyond the legal requirements independent schools are free, subject to the laws of the land, to decide for themselves how they operate and how they conduct their affairs. Examples of these freedoms are to offer a curriculum that is not the National Curriculum; to determine for themselves their holidays and term dates; their own admissions and exclusions criteria; their examination policy; to set the fees charged or whether to have a governing body. Parents should, therefore, remember that in choosing an independent school for their child they must satisfy themselves that the provision on offer meets their requirements. They will need to pursue any disputes directly with the school. You can find further useful information on how to choose an independent school by requesting the leaflet Planning an Independent Education, available from the Independent Schools Council's website http://www.iscis.uk.net , or by writing to them at their regional offices (details available from their website).

The Directory of Grant Making Trusts lists the trusts that can assist with the costs of sending a child to an independent school. This list can be obtained from the Charities Aid Foundation at http://www.cafonline.org/ or by writing to them at Kings Hill, West Malling, Kent, ME19 4TA. You can also obtain further information about independent schools from Stephanie Lidster, Independent Schools Registration Team, Department for Education and Skills, Mowden Hall, Staindrop Road, Darlington, DL3 9BG. Contact details: Email stephanie.lidster@dfes.gsi.gov.uk Direct Line 01325-392162

Current Regulations

Statutory Instrument 2003 No. 1910 The Education (Independent School Standards) (England) Regulations 2003 http://www.legislation.hmso.gov.uk/si/si2003/20031910.htm

Statutory Instrument 2004 No. 3374 The Education (Independent School Standards) (England) (Amendment) Regulations 2004 http://www.opsi.gov.uk/si/si2004/20043374.htm

Statutory Instrument 2003 No.1934 The Education (Provision of Information by Independent Schools) (England) Regulations 2003 http://www.legislation.hmso.gov.uk/si/si2003/20031934.htm

Statutory Instrument 2004 No. 3373 The Education (Provision of Information by Independent Schools) (England) (Amendment) Regulations 2004 http://www.opsi.gov.uk/si/si2004/20043373.htm

Statutory Instrument 2003 No. 1926 The Education (Independent School Inspection Fees and Publication) (England) Regulations 2003 http://www.legislation.hmso.gov.uk/si/si2003/20031926.htm

Information for Parents

Taken from Statutory Instrument 2003 No. 1910 The Education (Independent School Standards) (England) Regulations 2003

Provision of information

6. (1) The provision of information by the school meets the standard if the requirements in sub-paragraphs (2) to (9) are met.

(2) Subject to sub-paragraph (10), the school shall provide to parents of pupils and of prospective pupils and on request to the Chief Inspector, the Secretary of State or a body approved for the purposes of section 163(1)(b) of the 2002 Act -

(a) the school's address and telephone number, and the name of the head teacher;

(b) either -

(i) where the proprietor is an individual, his full name, usual residential address and telephone number, or

(ii) where the proprietor is a corporation, a Scottish firm or a body of persons, the address and telephone number of its registered or principal office;

(c) where there is a governing body, the name and address of its Chair;

(d) a statement of the school's ethos (including any religious ethos) and aims;

(e) particulars of the school's policy on and arrangements for admissions, discipline and exclusions;

(f) particulars of educational and welfare provision for pupils with statements and pupils for whom English is an additional language;

(g) particulars of the policy prepared under paragraph 1(2);

(h) particulars of the policy prepared under paragraph 3(2);

(i) particulars of academic performance during the preceding school year, including the results of any public examinations;

(j) details of the complaints procedure set out in accordance with paragraph 7, and the number of complaints registered under the formal procedure during the preceding school year; and

(k) the number of staff at the school, including temporary staff, and a summary of their qualifications.

(3) Following an inspection under section 163(1) of the 2002 Act, the school shall send to the parents of every registered pupil, by a date to be specified by the body who conducted the inspection -

(a) a summary report; or

(b) if no summary has been prepared, a copy of the full report.

(4) Where a summary report has been sent in accordance with sub-paragraph (3)(a), the school shall make arrangements for parents to have access to the full report on request.

(5) Unless otherwise agreed with any parent, the school shall send to the parents of each registered pupil an annual written report of his progress and of his attainment in the main subject areas taught.

(6) The school shall provide any body conducting an inspection under section 163(1) of the 2002 Act with -

(a) any information reasonably requested in connection with it that is necessary for the purposes of the inspection; and

(b) access to the school's admission and attendance registers.

(7) Where a pupil wholly or partly funded by a local authority is registered at the school, an annual account of income received and expenditure incurred by the school in respect of that pupil shall be submitted to the local authority and on request to the Secretary of State.

(8) Where a pupil with a statement is registered at the school, the school shall supply such information to the responsible local education authority as may reasonably be required for the purpose of the annual review of the statement.

(9) A copy of the risk assessment referred to in paragraph 3(5)(a) shall be provided on request to the Secretary of State.

(10) In relation to paragraphs (g) to (k) of sub-paragraph (2), provided that the school ensures that parents of pupils and of prospective pupils are aware that such information is available, it need only be provided to them on request.