Section 94 Independent educational institution standardsI1 I2

England and Wales

(1)

The Secretary of State must by regulations prescribe standards for the purposes of this Chapter about the following matters—

(a)

the quality of education provided at independent educational institutions;

(b)

the spiritual, moral, social and cultural development of students at independent educational institutions;

(c)

the welfare, health and safety of students at independent educational institutions;

(d)

the suitability of proprietors of and staff at independent educational institutions;

(e)

the premises of and accommodation at independent educational institutions;

(f)

the provision of information by independent educational institutions;

(g)

the manner in which independent educational institutions handle complaints;

(h)

the quality of the leadership in and management of independent educational institutions.

F1(1A)

A standard within subsection (1)(d) in relation to a proprietor may be prescribed by reference—

(a)

in the case of a proprietor which is a body of persons—

(i)

to whether persons having general control and management of, or legal responsibility and accountability for, the proprietor are, in the opinion of the Secretary of State, fit and proper persons to be involved in the running of an independent educational institution;

(ii)

to whether the Secretary of State is notified before a new person becomes involved in the general control and management of, or assumes legal responsibility and accountability for, the proprietor;

(b)

in the case of a proprietor which is an individual, to whether that individual is, in the opinion of the Secretary of State, a fit and proper person to be involved in the running of an independent educational institution.

(2)

A standard may be prescribed in relation to—

(a)

all independent educational institutions,

(b)

specified independent educational institutions, or

(c)

independent educational institutions of a specified description.

(3)

In subsection (2) “specified” means specified in regulations made under this section.

F2(3A)

A standard may be prescribed by reference to whether or not the proprietor of an independent educational institution has regard to guidance issued, or a document published, by the Secretary of State from time to time.

F3(3B)

Standards prescribed by virtue of subsection (1)(c) must include standards that have the effect of imposing—

(a)

a requirement to secure that an allergy safety policy (within the meaning of section 100A of the Children and Families Act 2014) is in place at independent educational institutions,

(b)

requirements that correspond or are similar to the duties imposed by section 100A(4) to (6) of that Act (duty to review and publicise policy etc), and

(c)

requirements that correspond or are similar to the duties imposed on the appropriate authority for a school by regulations under section 100B of that Act (allergy safety regulations),

and the requirement referred to in paragraph (a) includes a requirement for the policy to comply with provision made by regulations under section 100A(3) of that Act.

(4)

The standards do not apply to early years provision for children who have not attained the age of three (separate requirements as to such provision being imposed by or under Part 3 of the Childcare Act 2006 (c. 21)).

(5)

In this Chapter “independent educational institution standards” means—

(a)

the standards for the time being prescribed under this section, and

(b)

in relation to early years provision for children who have attained the age of F4two, the Early Years Foundation Stage (see section 39 of the Childcare Act 2006).

Annotations

Textual amendments

F1: S. 94(1A) inserted (29.4.2026 for specified purposes) by Children’s Wellbeing and Schools Act 2026 (c. 21), ss. 44(2)(a), 78(1)(a)(5)
F2: S. 94(3A) inserted (29.4.2026 for specified purposes) by Children’s Wellbeing and Schools Act 2026 (c. 21), ss. 44(2)(b), 78(1)(a)(5)
F3: S. 94(3B) inserted (29.4.2026 for specified purposes, 1.9.2026 in so far as not already in force) by Children’s Wellbeing and Schools Act 2026 (c. 21), ss. 34(3), 78(1)(a)(5); S.I. 2026/933, reg. 2
F4: Word in s. 94(5)(b) substituted (26.5.2015) by Small Business, Enterprise and Employment Act 2015 (c. 26), ss. 75(5), 164(3)(e)

Commencement

I1: S. 94 in force at 19.6.2009 for specified purposes by S.I. 2009/1513, art. 2(2)
I2: S. 94 in force at 5.1.2015 in so far as not already in force by S.I. 2014/3364, art. 2(a)

Notes on Chapter 1

Modifications

C1: Pt. 4 Ch. 1 modified (22.12.2014) by The Education and Skills Act 2008 (Commencement No. 11 and Saving and Transitory Provisions) Order 2014 (S.I. 2014/3364), art. 3(2)
C2: Pt. 4 Ch. 1: power to amend conferred (1.4.2018) by Children and Social Work Act 2017 (c. 16), ss. 35(4)(e), 70(2); S.I. 2018/346, reg. 4(f)
C3: Pt. 4 Ch. 1: power to amend conferred (1.4.2018) by Children and Social Work Act 2017 (c. 16), ss. 34(6)(e), 70(2); S.I. 2018/346, reg. 4(e)

Section 94 Independent educational institution standardsI1I2