12.—(1) The arrangements made at the school with respect to the matters referred to in paragraph 1 are in accordance with the approval given by the Secretary of State.
(2) Where, at any time, a change is proposed in relation to the arrangements at a school under paragraph 1, the proprietor must give written notice of the proposed change to the Secretary of State, and no proposed change in arrangements may take effect unless it is approved by the Secretary of State.
13.—(1) The arrangements to be made at the school with respect to the matters referred to in paragraph 2(1) are in accordance with the approval given by the Secretary of State, and meet the requirements in paragraph 2(2).
(2) Where, at any time, a change is proposed in relation to the arrangements at a school with respect to the composition and proceedings of the governing body, the proprietor must give written notice of the proposed change to the Secretary of State.
(3) No proposed change in arrangements may take effect unless—
(a)it is approved by the Secretary of State, and
(b)the arrangements comply with paragraph 2(2).
14.—(1) The arrangements at the school with respect to the matters referred to in paragraph 3 are in accordance with the approval given by the Secretary of State.
(2) In relation to the pupils for whom it provides accommodation (including any pupils accommodated during school holidays), the school complies with National Minimum Standards in relation to —
(a)safeguarding and promoting the health, safety and welfare of such pupils; and
(b)adequate and suitable deployment of staff.
15. A person must not be appointed to a position at the school unless the checks referred to in paragraph 4(3) to (6) have been carried out in relation to that person.
16. Where supply staff are employed at the school, paragraph 5(2), (3), (5) and (6) must be complied with.
17. A person must not be appointed as chair of the governing body unless the checks referred to in paragraph 6(2) and (3) have been carried out in relation to that person.
18.—(1) A register is maintained that meets the requirements set out in paragraph 7(3), (4) and (6).
(2) The register required to be maintained under this paragraph may be maintained in electronic form, provided that the information so recorded is capable of being reproduced in legible form.
19.—(1) The school is not conducted for profit.
(2) No member of the staff may have a financial interest in the school other than by reason of receiving a salary that is unrelated to the financial performance of the school.
20.—(1) The premises of the school conform to the standards applicable to maintained special schools prescribed in regulations from time to time in force under section 542 of the 1996 Act.
(2) If the Secretary of State has directed that different standards apply in accordance with paragraph 10(2), the premises conform to the standards specified in the direction for as long as the direction remains in force.
21. The Regulatory Reform (Fire Safety) Order 2005 is complied with.
22.—(1) A pupil may only be admitted to a school if that pupil falls within the arrangements approved for that school in relation to the categories referred to in paragraph 1(a).
(2) The special educational provision made under the arrangements referred to in paragraph 1(b) must be suitable for the registered pupils at the school having regard to their different ages, abilities and aptitudes and any special educational needs they may have, and constitute an efficient use of resources.
23. The proprietor must make arrangements —
(a)for the care and supervision of the health of the registered pupils at the school by suitably qualified and experienced persons including, where relevant, provision for pupils with particular types of disability,
(b)for the medical and dental inspection of the pupils at appropriate intervals, and for their medical and dental treatment, and
(c)for the maintenance of medical and dental records.
24. The proprietor must make arrangements to ensure, so far as practicable, that every registered pupil at the school—
(a)receives religious education, unless withdrawn from receiving such education in accordance with the wishes of the pupil’s parent, and
(b)attends religious worship unless withdrawn from attendance at such worship—
(i)in the case of a sixth-form pupil, in accordance with the pupil’s own wishes, or
(ii)in any other case, in accordance with the wishes of the pupil’s parent.
25.—(1) The proprietor must make arrangements to ensure that every registered pupil who is provided with secondary education receives sex education unless wholly or partly excused from such education (except insofar as it is comprised in the National Curriculum) in accordance with a request from the pupil’s parent.
(2) Arrangements may be made for registered pupils provided with primary education to receive sex education unless wholly or partly excused from such education in accordance with a request from the pupil’s parent.
(3) Arrangements must be made, in relation to registered pupils who are provided with primary and secondary education at the school, to—
(a)make and keep up to date—
(i)a written statement of the school’s policy with regard to sex education for pupils provided with primary education, and
(ii)a written statement of the school’s policy with regard to sex education for pupils provided with secondary education, and
(b)make a copy of both statements available for inspection, at all reasonable times, by parents of pupils at the school and provide a copy of the statement free of charge to parents, on request.
26.—(1) The proprietor must provide school lunches and free school lunches in accordance with the provisions of section 512 and 512ZB(1) of the 1996 Act as if references in those sections to a local authority were to the proprietor and as if references to a school maintained by the local authority were to a non-maintained special school.
(2) The proprietor must provide milk and free milk in accordance with the provisions of section 512(1) and 512ZB(3) as if references in those sections to a local authority were to the proprietor and as if references to a school maintained by the local authority were to a non-maintained special school.
(3) Facilities must be provided free of charge to enable the consumption of any meals or refreshments brought to school by registered day pupils.
(4) The requirements applicable to maintained schools prescribed in regulations under section 114A of the Schools Standards and Framework Act 1998(1) must be complied with, as if references to a local authority were to the proprietor and as if references to a school maintained by the local authority were to a non-maintained special school.
27.—(1) The proprietor must keep an incident book which records—
(a)any incident involving a person who is a registered pupil, is employed at, or is a volunteer working at the school, which results in personal injury or damage to property, and
(b)any loss of, theft of, or damage to, school property or property belonging to a person who is a registered pupil, is employed at, or is a volunteer working at the school (other than as referred to in sub-paragraph (a)),
and may record any other incidents and matters.
(2) A record must be kept of all disciplinary measures taken against registered pupils.
(3) The incident book referred to in sub-paragraph (1) and the record referred to in sub-paragraph (2) may be kept in electronic form, provided that the information so recorded is capable of being reproduced in legible form.
28.—(1) The proprietor must —
(a)co-operate with a local authority which arranges for pupils to attend the school in relation to any registered pupil in respect of whom a local authority maintains an EHC plan or a statement under section 328 of the 1996 Act, and
(b)allow access to the school at all reasonable times, to a person authorised by the local authority.
29.—(1) The school is financially viable and the proprietor produces evidence relating to this, upon request by the Secretary of State.
(2) A copy of the annual statement of accounts for the last year for which it is available must, on request, be sent to any local authority which arranges for pupils to attend the school.
30.—(1) The proprietor must send to the Secretary of State any reports, returns or other information relating to the school as requested by the Secretary of State, within the timescale specified in the request.
(2) The proprietor must report the death and the cause of death (if known) of any registered pupil to the Secretary of State in writing as soon as is reasonably practicable after the death has occurred.
31. The proprietor must make arrangements for a complaints procedure which—
(a)is in writing;
(b)is made available to —
(i)registered pupils,
(ii)parents of pupils,
(iii)parents of prospective pupils, and
(iv)members of staff, including supply staff;
(c)sets out clear time scales for the management of a complaint;
(d)allows for a complaint to be made and considered initially on an informal basis;
(e)where a complainant is not satisfied with the response to the complaint made in accordance with sub-paragraph (d), establishes a formal procedure for the complaint to be made in writing;
(f)where a complainant is not satisfied with the response to the complaint made in accordance with sub-paragraph (e), makes provision for a hearing before a person (“the independent person”) appointed by or on behalf of the proprietor who—
(i)has not, at any time, been a governor of the school, or a member of staff, or member of supply staff, at the school,
(ii)is not the parent of a registered pupil, or former registered pupil, at the school, and
(iii)has not been directly involved in any matter detailed in the complaint;
(g)allows for a complainant to attend and be accompanied at such a hearing if they wish;
(h)provides for the independent person to make findings and recommendations and stipulates that a copy of those findings and recommendations is—
(i)provided to the complainant and where relevant, the person complained about, and
(ii)available for inspection on the school premises by the proprietor and the head teacher;
(i)provides for a written record to be kept of all complaints that are made in accordance with sub-paragraph (e) and—
(i)whether they are resolved following a formal procedure, or proceed to a hearing, and
(ii)action taken by the school as a result of those complaints (regardless of whether they are upheld); and
(j)provides that correspondence, statements and records relating to individual complaints are to be kept confidential except where—
(i)the Secretary of State,
(ii)a body conducting an inspection under section 5 of the 2005 Act, or
(iii)a body conducting an inspection under section 87(6) of the Children Act 1989,
requests access to them.
32. Following an inspection under section 87(6) of the Children Act 1989, the proprietor must send a copy of any report of that inspection to the parents of any registered pupil for whom the school provides accommodation.
33.—(1) The proprietor must prepare and publish a prospectus in advance of each school year providing information about the school in relation to the school year in question.
(2) A copy of each year’s prospectus must be made available, on request, to any local authority and to the parents of registered pupils and prospective pupils.
(3) The prospectus referred to in sub-paragraph (1) may be kept in electronic form, provided that the information so recorded is capable of being reproduced in legible form.
34. Where notice has been given under regulation 4(2)(a) and the Secretary of State has approved relevant temporary arrangements and directed that the proprietor put them into operation, those temporary arrangements must operate pending compliance with the requirements specified in the notice.
Section 114A was inserted by section 86(1) of the Education and Inspections Act 2006 (c.40) and amended by S.I. 2010/1158. Regulations currently in force are the Requirements for School Food Regulations 2014 (S.I. 2014/1603).