The Independent School Standards (Wales) Regulations 2024

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations revoke and replace the Independent School Standards (Wales) Regulations 2003 (regulation 1). These Regulations apply in relation to Wales.

These Regulations are concerned with the inspection of independent schools and set out the standards that are to be met by independent schools for the purposes of registration, reporting and inspection.

Regulation 2 is an interpretation provision.

Regulation 3 provides that the Schedule sets out the independent school standards (“the standards”) to which an independent school in Wales will be inspected under sections 160(4), 162(4) and 163(2) of the Education Act 2002 (“the 2002 Act”).

The person who conducts the inspection will make a report under section 160(4), 162(4) or 163(3) of the 2002 Act with regard to the extent to which the standards are met. The registration authority will consider the inspection report and any other evidence in determining whether an independent school should be registered or continue to be registered under section 161 of the 2002 Act.

The Schedule sets out the standards and is divided into seven parts reflecting the categories specified in section 157(1) of the 2002 Act. It is the responsibility of the proprietor of an independent school to ensure that the standards are met.

Part 1 of the Schedule makes provision about the quality of education provided. The standard in paragraph 2(1) is met if the proprietor ensures that a written policy on the curriculum, supported by plans and schemes of work, is drawn up and implemented effectively which provides for the matters set out in paragraph 2(2).

Part 2 of the Schedule makes provision for the spiritual, moral, social and cultural development of pupils. This includes requirements to actively promote the fundamental values of democracy, the rule of law, individual liberty, and mutual respect and tolerance of those with different faiths and beliefs (paragraph 4(a)).

Part 2 also includes requirements to actively promote knowledge and understanding of Part 1 of the United Nations Convention on the Rights of the Child (paragraph 4(b)) and to preclude the promotion of partisan political views in teaching (paragraph 4(d)).

Part 3 of the Schedule makes provision for the welfare, health and safety of pupils. It includes, amongst other things, a requirement for effective implementation of a written safeguarding policy (paragraph 6(b)) and appropriate safeguarding training (paragraph 10).

Part 4 of the Schedule makes provision about the suitability of proprietors, staff and supply staff, setting out the checks that must be made. Paragraph 23 requires Disclosure and Barring Service checks to be renewed at least every three years. Paragraph 24 requires the proprietor to keep a register containing details of the suitability checks made under Part 4.

Part 5 of the Schedule makes provision about the premises at an independent school and at any boarding accommodation. These must be suitable for any registered pupils with special requirements. “Special requirements” is defined in paragraph 26.

Part 6 of the Schedule sets out the standard for the provision of information to parents of pupils, parents of prospective pupils, His Majesty’s Chief Inspector of Education and Training in Wales and the Welsh Ministers.

Part 7 of the Schedule makes provision about the manner in which independent schools handle complaints.

Parts 3, 4, 5 and 7 of the Schedule make provision which includes reference to the National Minimum Standards for Boarding Schools and the National Minimum Standards for Residential Special Schools.

The National Minimum Standards for Boarding Schools can be found at https://www.careinspectorate.wales/sites/default/files/2018-01/131009nmsboardingschoolsen.pdf.

The National Minimum Standards for Residential Special Schools can be found at https://www.careinspectorate.wales/sites/default/files/2018-01/130910nmsspecialschoolsen.pdf#:~:text=The%20National%20Minimum%20Standards%20for%20Residential%20Special%20Schools,consists%20of%20the%20numbered%20heading%20and%20numbered%20paragraphs .

The Welsh Ministers’ Code of Practice on the carrying out of Regulatory Impact Assessments was considered in relation to these Regulations. As a result, a regulatory impact assessment has been prepared as to the likely costs and benefits of complying with these Regulations. A copy can be obtained from Welsh Government, Cathays Park, Cardiff, CF10 3NQ and is published on www.gov.wales.