Explanatory note

These Regulations amend the Education (Independent School Standards) (England) Regulations 2003 (the “principal Regulations”). Both these Regulations and the principal Regulations apply only in relation to England.

Regulation 3 amends the principal regulations with the effect that the provisions of the Schedule to the principal regulations concerning the suitability of staff, supply staff and proprietors apply to all independent schools, including Academies, city technology colleges and city colleges for the technology of the arts.

Regulation 4 amends a number of definitions in the principal Regulations. The national minimum Standards for Boarding Schools and the national minimum Standards for Residential Schools are available for download at the following address: http://www.dh.gov.uk/en/PublicationsandStatistics/Publications/PublicationsPolicyAndGuidance/DH_4006472.

Regulation 5 substitutes new provisions relating to the suitability of staff and proprietors for the existing paragraph 4 of the Schedule to the principal regulations. The requirements substituted by regulation 5 of these regulations are independent school standards for the purposes of section 157 of the Education Act 2002. The paragraph numbers below are references to the paragraphs contained in the Schedule to the principal Regulations as amended by these Regulations.

A requirement is introduced that all members of staff (separate provision is made for proprietors and supply staff) must be subject to checks on any bar from working with children and young persons (4(2)(d)), and on their identity, medical fitness, right to work in the United Kingdom, previous employment history, character references and qualifications and professional references where appropriate (4(2)(a)). It is also a requirement that, subject to exceptions, such a member of staff, prior to or as soon as practicable after, his appointment be subject to an enhanced Criminal Records Bureau (“CRB”) check made under the Police Act 1997 (4(2)(b) and 4(4)). Paragraph 4(2)(c) provides that any person who has lived outside the United Kingdom must be subject to further checks if a CRB check is insufficient to establish suitability to work in a school.

A person supplied by an employment business (supply staff) cannot work at a school until the employment business has confirmed that checks have been carried out, and schools are required in their arrangements with agencies to place them under an obligation to provide this information, paragraph 4A.

The Secretary of State carries out an identity, right-to-work and enhanced CRB check on a person intended to become a proprietor, paragraph 4B, before an individual takes up the post. Any Chair of a body of persons named as proprietor who has been checked by the Secretary of State is required to carry out checks on other members of the body of persons named as proprietor.

Independent schools are required to keep a register of the checks which they have made in respect of their own staff and members of bodies of persons named as proprietors, and, in the case of supply staff, of the information about checks provided by the supply agency and carried out by the proprietor, paragraph 4C.

Regulation 6(1) provides that the amendments made to the principal Regulations by these Regulations shall not take effect in relation to staff, supply staff or proprietors appointed before these Regulations come into force on 1st May 2007. The suitability of such persons will meet the standard if the provisions of paragraph 4 of the Schedule to the principal Regulations, as in force immediately prior to the coming into force of these Regulations, are satisfied. Regulation 6(2) provides that the requirement to keep a register of any checks carried out in respect of persons appointed before 1st May 2007 applies notwithstanding the saving referred to. Regulation 6(3) provides that where staff, supply staff or a proprietor appointed before 1st May 2007 leaves the post on or after the date on which these Regulations come into force, the amendments made by these Regulations will apply to such a person if he is appointed to a post covered by these Regulations at a later date.

A full regulatory impact assessment of the effect that this instrument will have on the costs of business and the voluntary sector is available from Stephen Erskine, Department for Education and Skills, 2^nd Floor, Area C, Mowden Hall, Staindrop Road, Darlington, DL3 9BG and is annexed to the Explanatory Memorandum which is available alongside the instrument on the OPSI website.