The Education (National Curriculum) (Temporary Exceptions for Individual Pupils) (Wales) Regulations 1999

Explanatory Note

(This note is not part of the Regulations)

These Regulations enable head teachers of maintained schools to direct that the provisions of the National Curriculum should not apply to a pupil, or should apply with modifications. They apply only in relation to schools in Wales.

Regulation 3 provides that a direction may only be given in cases where the head teacher considers that it is not appropriate for the pupil to follow the National Curriculum and either that:

(i) circumstances are likely to change so that the pupil will be able within six months to follow the National Curriculum; or

(ii) the pupil needs to be assessed by the local education authority (“the LEA”) with a view to a statement of special educational needs being made or, if one already exists, amended.

Regulation 4 provides for the date on which a direction is to come into force and its duration. It may not come into force less than one month after it is given unless the head teacher feels that it is essential. In no case is the duration of a direction to exceed six months.

Regulation 5 prescribes the form and contents of directions, and regulation 6 provides for copies to be kept with the pupil’s school records and to be sent to the chairman of the governing body of the school, the LEA, the LEA responsible for assessing the pupil in the case of a special direction (“the responsible authority”) (if it is not the LEA by whom the school is maintained), and to a parent of the pupil. If the head teacher believes that the parent may have difficulty in understanding the direction, he must take steps to assist him by providing a translation of the direction or otherwise.

A direction may be varied (except so as to extend its operative period) or revoked by notice in writing setting out the prescribed particulars; the provisions of regulation 6 concerning copies apply to a notice of variation or revocation (regulations 7 and 8).

Further directions may be given in certain circumstances and subject, in some cases, to the consent of the LEA or the governing body, or both (regulations 9 to 11). Parents of a pupil may request the head teacher to give a direction or to revoke or vary an existing direction; the head teacher must give his direction within two weeks, with reasons if he refuses the request (regulations 12 and 13). The parent has a right of appeal to the governing body against a refusal (regulation 14).

The Regulations replace, with modifications, the Education (National Curriculum) (Temporary Exceptions for Individual Pupils) Regulations 1989 in relation to Wales, which earlier Regulations are revoked by regulation 2.

Apart from changes to reflect the new categories of schools introduced by the School Standards and Framework Act 1998 the main changes are that–

(a) regulation 6 now provides (in accordance with the requirements of section 366(4) of the Education Act 1996) for a copy of a special direction to be sent additionally to the responsible authority;

(b) regulations 3(2), 4(3)(b)(ii), 5(f)(ii), 11(1) and 13(2) have been amended to refer to (or to include reference to) the responsible authority; and

(c) regulations 7 and 8 (in accordance with section 365(5) of the 1996 Act) set out the circumstances in which directions may be varied or revoked.