The Independent School Standards (Wales) Regulations 2024

Regulation 3

SCHEDULE STANDARDS

PART 1 Quality of education provided

1.  The standards about the quality of education provided at the independent school are those contained in this Part.

2.—(1) The standard in this sub-paragraph is met if—

(a) the proprietor ensures that a written policy on the independent school’s curriculum, supported by appropriate plans and schemes of work, which provides for the matters specified in sub-paragraph (2) is drawn up and implemented effectively, and

(b) the written policy, plans and schemes of work—

(i) take into account the ages, aptitudes and needs of all pupils, including those pupils with an individual development plan or a statement,

(ii) do not undermine the fundamental values of democracy, the rule of law, individual liberty, and mutual respect and tolerance of those with different faiths and beliefs, and

(iii) take into account the principles in Part 1 of the Convention.

(2) For the purposes of paragraph 2(1)(a) the matters are—

(a) full-time supervised education for all pupils of compulsory school age, which gives pupils experience in the following areas: language, communication, mathematics, science, technology, humanities, health, well-being and expressive arts,

(b) that pupils acquire skills in speaking, listening, literacy and numeracy,

(c) where the principal language of instruction is a language other than Welsh or English, lessons in written and spoken Welsh or English, except that this requirement will not apply in respect of an independent school which only provides education for pupils who are all temporarily resident in Wales and which follows the curriculum of another country,

(d) personal, social, and health education which—

(i) reflects the independent school’s aims and ethos, and

(ii) encourages respect for other people, paying particular regard to the protected characteristics set out in the 2010 Act(1),

(e) for pupils receiving secondary education, access to accurate, up-to-date careers guidance that—

(i) is presented in an impartial manner,

(ii) enables them to make informed choices about a broad range of career options, and

(iii) helps to encourage them to fulfil their potential,

(f) where the independent school has pupils below compulsory school age, a programme of activities which is appropriate to their educational needs in relation to personal, social, emotional and physical development and communication and language skills,

(g) where the independent school has pupils above compulsory school age, a programme of activities which is appropriate to their needs,

(h) the opportunity for all pupils to learn and make progress, including providing differentiated opportunities where appropriate, and

(i) effective preparation of pupils for the opportunities, responsibilities and experiences of adult life.

(3) The standard in this sub-paragraph is met if the proprietor ensures that the teaching at the independent school—

(a) enables pupils to acquire new knowledge and make good progress according to their ability so that they increase their understanding and develop their skills in the subjects taught,

(b) fosters in pupils the application of intellectual, physical or creative effort, interest in their work and the ability to think and learn for themselves,

(c) involves well-planned lessons, effective teaching methods, suitable activities and wise management of learning time,

(d) demonstrates a good understanding of the aptitudes, needs and prior attainments of the pupils and ensures these are taken into account in the planning of lessons,

(e) demonstrates good knowledge and understanding of the subject matter being taught,

(f) uses effectively learning resources of a good quality, quantity and range,

(g) demonstrates that a framework is in place to assess pupils’ work regularly and thoroughly and uses information from those assessments to plan teaching so that pupils can progress,

(h) uses effective strategies for managing behaviour and encouraging pupils to act responsibly,

(i) does not undermine the fundamental values of democracy and support for participation in the democratic process, the rule of law, individual liberty, and mutual respect and tolerance of those with different faiths and beliefs,

(j) has due regard to Part 1 of the Convention, and

(k) does not discriminate against pupils contrary to Part 6 of the 2010 Act(2).

3.  The standard in this paragraph is met where the proprietor ensures that the independent school has a framework for pupil performance to be evaluated, by reference either to the independent school’s own aims as provided to parents or national norms, or to both.

PART 2 Spiritual, moral, social and cultural development of pupils

4.  The standard about the spiritual, moral, social and cultural development of pupils at the independent school is met if the proprietor—

(a) actively promotes the fundamental values of democracy and support for participation in the democratic process, the rule of law, individual liberty, and mutual respect and tolerance of those with different faiths and beliefs,

(b) actively promotes knowledge and understanding of Part 1 of the Convention,

(c) ensures that principles are actively promoted which—

(i) enable pupils to develop their self-knowledge, self-esteem and self-confidence,

(ii) enable pupils to distinguish right from wrong and to respect the civil and criminal law,

(iii) encourage pupils to accept responsibility for their behaviour, show initiative and understand how they can contribute positively to the lives of those within the independent school’s community, those living and working in the locality in which the independent school is situated and to society more widely,

(iv) encourage respect for other people, paying particular regard to the protected characteristics set out in the 2010 Act,

(v) provide pupils with a broad general knowledge of public institutions and services in Wales and the United Kingdom more widely,

(vi) assist pupils to acquire an appreciation of and respect for their own and other cultures in a way that promotes further tolerance and harmony between different cultural traditions,

(vii) encourage pupils to respect the fundamental values of democracy and support for participation in the democratic process, the rule of law, individual liberty and mutual respect and tolerance of those with different faiths and beliefs,

(d) precludes the promotion of partisan political views in the teaching of any subject in the independent school, and

(e) takes such steps as are reasonably practicable to ensure that where political issues are brought to the attention of pupils—

(i) while they are in attendance at the independent school,

(ii) while they are taking part in extra-curricular activities which are provided or organised by or on behalf of the independent school, or

(iii) in any promotion at the independent school including through the distribution of promotional material, of extra-curricular activities taking place at the independent school or elsewhere,

they are offered a balanced presentation of opposing views.

PART 3 Welfare, health and safety of pupils

5.  The standards about welfare, health and safety of pupils at the independent school are those contained in this Part.

6.  The standard in this paragraph is met if the proprietor ensures that—

(a) arrangements are made to safeguard and promote the welfare of pupils at the independent school,

(b) a written policy to safeguard and promote the welfare of pupils is drawn up and effectively implemented, and

(c) those arrangements and that policy have regard to any relevant guidance issued by the Welsh Ministers.

7.  Where the independent school provides boarding accommodation the standard in this paragraph is met where the proprietor ensures that—

(a) arrangements are made to safeguard and promote the welfare of boarders while they are accommodated at the independent school,

(b) a written boarding accommodation policy is drawn up and effectively implemented, and

(c) those arrangements and that policy have regard to the National Minimum Standards for Boarding Schools or, where applicable, the National Minimum Standards for Residential Special Schools.

8.  The standard in this paragraph is met if the proprietor ensures that—

(a) the welfare of pupils at the independent school is safeguarded and promoted by the drawing up and effective implementation of a written risk assessment policy that includes assessment of activities undertaken outside of the independent school’s premises, and

(b) appropriate action is taken to reduce risks that are identified.

9.  The standard in this paragraph is met where the proprietor ensures that all staff, supply staff and persons with leadership and management responsibilities at the independent school actively promote the well-being of pupils.

10.  The standard in this paragraph is met where the proprietor ensures that—

(a) all staff, supply staff, volunteers and pupils receive appropriate training in the independent school’s safeguarding policy in accordance with any guidance issued by the Welsh Ministers in relation to safeguarding, and

(b) a written record of that training is maintained.

11.  The standard in this paragraph is met if the proprietor promotes good behaviour amongst pupils by ensuring that—

(a) a written behaviour policy is drawn up and effectively implemented that—

(i) encourages and rewards good behaviour,

(ii) sets out the sanctions to be adopted in the event of pupil misbehaviour,

(iii) has regard to any relevant guidance issued by the Welsh Ministers, and

(b) a record is kept of the sanctions imposed upon pupils for serious misbehaviour.

12.  The standard in this paragraph is met if the proprietor ensures that bullying at the independent school is prevented so far as reasonably practicable, by the drawing up and implementation of an effective anti-bullying strategy.

13.  The standard in this paragraph is met if the proprietor ensures that relevant health and safety laws are complied with by the drawing up and effective implementation of a written health and safety policy that includes consideration of activities outside of the independent school’s premises.

14.  The standard in this paragraph is met if the proprietor ensures compliance with the Regulatory Reform (Fire Safety) Order 2005(3).

15.  The standard in this paragraph is met if the proprietor ensures that first aid is administered in a timely and competent manner by the drawing up and effective implementation of a written first aid policy.

16.  The standard in this paragraph is met if the proprietor ensures that pupils are properly supervised through the appropriate deployment of independent school staff.

17.  The standard in this paragraph is met if the proprietor ensures that admission and attendance registers are maintained in accordance with regulations made under section 434 of the 1996 Act(4).

18.  The standard in this paragraph is met where the proprietor—

(a) ensures that the policies and strategies required by this Part are reviewed regularly and updated when appropriate, and

(b) maintains a written record of when each policy and strategy has been reviewed and updated.

PART 4 Suitability of proprietors, staff and supply staff

19.  The standards about the suitability of proprietors, staff and supply staff are those contained in this Part.

20.—(1) The standard in this paragraph relates to the suitability of persons appointed as members of staff at the independent school, other than the proprietor and supply staff.

(2) The standard in this paragraph is met if—

(a) no such person is barred from regulated activity relating to children in accordance with section 3(2) of the 2006 Act where that person is or will be engaging in activity which is regulated activity within the meaning of Part 1 of Schedule 4 to that Act,

(b) no such person carries out work at the independent school in contravention of a prohibition order, an interim prohibition order, a suspension order or an interim suspension order,

(c) no such person carries out work at the independent school in contravention of any direction made under section 142 or 167A of the 2002 Act, section 128 of the 2008 Act or any disqualification, prohibition or restriction which takes effect as if contained in any such direction,

(d) the proprietor carries out appropriate checks to confirm in respect of each such person—

(i) the person’s identity,

(ii) the person’s medical fitness,

(iii) the person’s right to work in the United Kingdom, and

(iv) where appropriate, the person’s qualifications,

(e) where relevant to any such person—

(i) a DBS certificate has been obtained in respect of that person, or

(ii) where that person is registered with the DBS up-date service, a check is made of the person’s DBS certificate status,

(f) in the case of any person for whom, by reason of that person living or having lived outside the United Kingdom, obtaining such a certificate is not sufficient to establish the person’s suitability to work in an independent school, such further checks are made as the proprietor considers appropriate, having regard to any relevant guidance issued by the Welsh Ministers, and

(g) in the case of staff who care for, train, supervise or are in charge of boarders, in addition to the matters specified in paragraphs (a) to (f), the proprietor checks that the Standards in the National Minimum Standards for Boarding Schools or, where applicable, the National Minimum Standards for Residential Special Schools, relating to vetting of staff are complied with,

and the proprietor, having considered the information from the checks referred to in paragraphs (c) to (g), considers that the person is suitable for the position to which the person is appointed.

(3) The checks referred to in sub-paragraph (2) (except where sub-paragraph (4) applies) must be completed before a person’s appointment.

(4) The checks specified in sub-paragraph (2)(d), (e), (f) and (g) do not need to be carried out where the new member of staff (“M”) has worked in—

(a) an independent school or a maintained school in Wales in a position which brought M regularly into contact with children or young persons,

(b) a maintained school in Wales in a position to which M was appointed on or after 1 April 2006 and which did not bring M regularly into contact with children or young persons, or

(c) an institution within the further education sector in Wales in a position which involved the provision of education or which brought M regularly into contact with children or young persons,

during a period which ended not more than 90 days before M’s appointment.

21.—(1) This paragraph relates to the suitability of supply staff at the independent school.

(2) The standard in this paragraph is met if—

(a) a person offered for supply by an employment business to the independent school only begins to work at the independent school if the proprietor has received—

(i) written notification from the employment business in relation to that person—

(aa) that the checks referred to in paragraph 24(3)(b)(i) to (iv) and (vii) have been made to the extent relevant to that person,

(bb) that, where relevant to that person, a DBS certificate has been obtained (or where the person is registered with the DBS up-date service a check made of the person’s DBS certificate status) by that employment business or another employment business,

(cc) if the employment business has obtained such a certificate or made a check of DBS certificate status before the person is due to begin work at the independent school, whether the certificate disclosed any matter or information, and

(dd) that, where that person is one for whom, by reason of that person living or having lived outside the United Kingdom, obtaining such a certificate is not sufficient to establish the person’s suitability to work in an independent school, that employment business or another employment business has obtained such further checks as appropriate, having regard to any relevant guidance issued by the Welsh Ministers, and

(ii) a copy of any DBS certificate obtained by an employment business before the person is due to begin work at the independent school,

(b) a person offered for supply by an employment business only begins work at the independent school if the proprietor considers that the person is suitable for the work for which the person is supplied,

(c) before a person offered for supply by an employment business begins work at the independent school the person’s identity is checked by the proprietor of the independent school (irrespective of any such check carried out by the employment business before the person was offered for supply),

(d) the proprietor, in the contract or other arrangements which the proprietor makes with any employment business, requires the employment business to provide—

(i) the notification referred to in paragraph (a)(i), and

(ii) a copy of any DBS certificate which the employment business obtains,

in respect of any person whom the employment business supplies to the independent school, and

(e) except for those persons to whom sub-paragraph (4) applies, in the case of supply staff who care for, train, supervise or are in charge of boarders, the proprietor checks that the relevant parts of the National Minimum Standards for Boarding Schools or where applicable, the National Minimum Standards for Residential Special Schools relating to vetting of staff are complied with.

(3) Except in the case of a person to whom sub-paragraph (4) applies, the certificate referred to in sub-paragraph (2)(a)(i)(bb) must have been obtained or the certificate status check referred to in sub-paragraph (2)(a)(i)(bb) must have been made not more than 90 days before the date the person is due to start work at the independent school.

(4) This sub-paragraph applies to a person (“P”) who has worked in—

(a) an independent school or a maintained school in Wales in a position which brought P regularly into contact with children or young persons,

(b) a maintained school in Wales in a position to which P was appointed on or after 1 April 2006 and which did not bring P regularly into contact with children or young persons, or

(c) an institution within the further education sector in Wales in a position which involved the provision of education or which brought P regularly into contact with children or young persons,

during a period which ended not more than 90 days before P is due to begin work at the independent school.

22.—(1) The standard in this paragraph relates to the suitability of the proprietor of the independent school.

(2) Sub-paragraph (3) relates to the suitability of the proprietor where the proprietor is an individual.

(3) The standard in this paragraph is met if—

(a) the individual—

(i) is not barred from regulated activity relating to children in accordance with section 3(2) of the 2006 Act where that individual is or will be engaging in activity which is regulated activity within the meaning of Part 1 of Schedule 4 to that Act,

(ii) does not carry out work at the independent school in contravention of a prohibition order, an interim prohibition order, a suspension order, or an interim suspension order, and

(iii) does not carry out work at the independent school in contravention of any direction made under section 142 or 167A of the 2002 Act, section 128 of the 2008 Act or any disqualification, prohibition or restriction which takes effect as if contained in any such direction;

(b) before the independent school is entered in the register or, in the case of a registered independent school, before the individual takes over as proprietor, where relevant to the individual—

(i) a DBS certificate is obtained and the certificate is provided to the Welsh Ministers, or

(ii) where that individual is registered with the DBS up-date service, a check is made of the individual’s DBS certificate status and reported to the Welsh Ministers,

and the Welsh Ministers, having considered the information from the DBS certificate, have confirmed that they consider that the individual is suitable to be the proprietor of the independent school;

(c) before the independent school is entered in the register or, in the case of a registered independent school, before the individual takes over as proprietor in the case of an individual for whom, by reason of that individual living or having lived outside the United Kingdom, obtaining a DBS certificate is not sufficient to establish the individual’s suitability to work in an independent school, the Welsh Ministers make such further checks as the Welsh Ministers consider appropriate and having considered the information from these checks the Welsh Ministers consider that the individual is suitable to be the proprietor of the independent school;

(d) before the independent school is entered in the register or, in the case of a registered independent school, before the individual takes over as proprietor—

(i) the Welsh Ministers make checks confirming the individual’s identity, or

(ii) the Welsh Ministers request that checks are made for the purposes of confirming the individual’s identity and following that request—

(aa) evidence is provided to the satisfaction of the Welsh Ministers that the individual is the person with the particular identity that the individual claims to have, and

(bb) the Welsh Ministers notify the individual that the Welsh Ministers are satisfied that the individual’s identity has been confirmed;

(e) before the independent school is entered in the register or, in the case of a registered independent school, before the individual takes over as proprietor—

(i) the Welsh Ministers make checks confirming that the individual has the right to work in the United Kingdom, or

(ii) the Welsh Ministers request that checks are made for the purposes of confirming that the individual has the right to work in the United Kingdom and following that request—

(aa) evidence is provided to the satisfaction of the Welsh Ministers that the individual has that right, and

(bb) the Welsh Ministers notify the individual that the Welsh Ministers are satisfied that the individual has that right.

(4) Sub-paragraphs (5) to (7) relate to the suitability of the proprietor where the proprietor is a body of persons corporate or unincorporate.

(5) The standard in this paragraph is met in relation to an individual who is the chair of the independent school if—

(a) the individual—

(i) is not barred from regulated activity relating to children in accordance with section 3(2) of the 2006 Act where that individual is or will be engaging in activity which is regulated activity within the meaning of Part 1 of Schedule 4 to that Act,

(ii) does not carry out work at the independent school in contravention of a prohibition order, an interim prohibition order, a suspension order or an interim suspension order, and

(iii) does not carry out work at the independent school in contravention of any direction made under section 142 or 167A of the 2002 Act, section 128 of the 2008 Act or any disqualification, prohibition or restriction which takes effect as if contained in any such direction;

(b) subject to sub-paragraph (7), where relevant to the individual—

(i) a DBS certificate is obtained and the certificate is provided to the Welsh Ministers, or

(ii) where that individual is registered with the DBS up-date service, a check is made of the individual’s DBS certificate status and reported to the Welsh Ministers,

and having considered the information from the DBS certificate the Welsh Ministers have confirmed that they consider that the individual is suitable to be the chair of the independent school;

(c) subject to sub-paragraph (7), in the case of an individual for whom, by reason of that individual living or having lived outside the United Kingdom, obtaining a DBS certificate is not sufficient to establish the individual’s suitability to work in an independent school, the Welsh Ministers make such further checks as the Welsh Ministers consider appropriate and the Welsh Ministers, having considered the information from these checks, have confirmed that they consider that the individual is suitable to be the chair of the independent school;

(d) subject to sub-paragraph (7)—

(i) the Welsh Ministers make checks confirming the individual’s identity, or

(ii) the Welsh Ministers request that checks are made for the purposes of confirming the individual’s identity and following that request—

(aa) evidence is provided to the satisfaction of the Welsh Ministers that the individual is the person with the particular identity that the individual claims to have, and

(bb) the Welsh Ministers notify the proprietor of the independent school that the Welsh Ministers are satisfied that the individual’s identity has been confirmed;

(e) subject to sub-paragraph (7)—

(i) the Welsh Ministers make checks confirming that the individual has the right to work in the United Kingdom, or

(ii) the Welsh Ministers request that checks are made for the purposes of confirming that the individual has the right to work in the United Kingdom and following that request—

(aa) evidence is provided to the satisfaction of the Welsh Ministers that the individual has that right, and

(bb) the Welsh Ministers notify the proprietor of the independent school that the Welsh Ministers are satisfied that the individual has that right.

(6) The standard in this paragraph is met in relation to an individual (“MB”), not being the chair of the independent school, who is a member of a body of persons corporate or unincorporate named as the proprietor of the independent school in the register or in an application to enter the independent school in the register, if—

(a) MB—

(i) is not barred from regulated activity relating to children in accordance with section 3(2) of the 2006 Act where that individual is or will be engaging in activity which is regulated activity within the meaning of Part 1 of Schedule 4 to that Act,

(ii) does not carry out work at the independent school in contravention of a prohibition order, an interim prohibition order, a suspension order or an interim suspension order, and

(iii) does not carry out work at the independent school in contravention of any direction made under section 142 or 167A of the 2002 Act, section 128 of the 2008 Act or any disqualification, prohibition or restriction which takes effect as if contained in either such direction;

(b) subject to sub-paragraph (7), the chair of the independent school in relation to MB—

(i) where relevant, obtains a DBS certificate (or where MB is registered with the DBS up-date service makes a check of MB’s DBS certificate status),

(ii) obtains checks confirming MB’s identity and MB’s right to work in the United Kingdom, and

(iii) where, by reason of MB’s living or having lived outside the United Kingdom, obtaining a DBS certificate is not sufficient to establish MB’s suitability to work in an independent school, makes such further checks as the chair of the independent school considers appropriate, having regard to any relevant guidance issued by the Welsh Ministers,

and the chair, having considered the information from these checks, considers that MB is suitable to be a member of a body of persons corporate or unincorporate named as the proprietor of the independent school.

(7) In the case of a registered independent school—

(a) sub-paragraphs (5)(b) and (c) are met where the checks referred to in those sub-paragraphs are completed before the chair of the independent school starts acting as such,

(b) sub-paragraph (5)(d) is met where the checks referred to in paragraph (d) are completed, or notification is given by the Welsh Ministers to the proprietor of the independent school as referred to in paragraph (d)(ii)(bb), before the chair of the independent school starts acting as such,

(c) sub-paragraph (5)(e) is met where the checks referred to in paragraph (e)(i) are completed, or notification is given by the Welsh Ministers to the proprietor of the independent school as referred to in paragraph (e)(ii)(bb), before the chair of the independent school starts acting as such, and

(d) sub-paragraph (6)(b) is met where the checks referred to in paragraph (b)(i) and (iii) are completed before MB starts acting as a member of the body of persons corporate or unincorporate named in the register as the proprietor of the independent school.

23.  The standard in this paragraph is met where relevant to an individual—

(a) in relation to members of staff at the independent school—

(i) where an individual is registered with the DBS up-date service if the proprietor checks the individual’s certificate status at least every three years;

(ii) where an individual is not registered with the DBS up-date service if the proprietor applies for a DBS certificate in respect of that individual at least every three years,

and the proprietor, having considered the information from the check or application, considers that the individual remains suitable for the position to which the individual is appointed;

(b) in relation to the proprietor where the proprietor is an individual—

(i) where an individual is registered with the DBS up-date service if a check of the individual’s certificate status is made and reported to the Welsh Ministers at least every three years;

(ii) where an individual is not registered with the DBS up-date service if a DBS certificate in respect of the individual is applied for and the certificate is provided to the Welsh Ministers at least every three years,

and the Welsh Ministers, having considered the information from the check or application, consider that the individual remains suitable to be the proprietor of the independent school;

(c) in relation to an individual who is the chair of the independent school—

(i) where an individual is registered with the DBS up-date service if a check of the individual’s certificate status is made and reported to the Welsh Ministers at least every three years;

(ii) where an individual is not registered with the DBS up-date service if a DBS certificate in respect of the individual is applied for and the certificate is provided to the Welsh Ministers at least every three years,

and the Welsh Ministers, having considered the information from the check or application, consider that the individual remains suitable to be the chair of the independent school;

(d) in relation to an individual, not being the chair of the independent school, who is a member of a body of persons corporate or unincorporate named as the proprietor of the independent school—

(i) where an individual is registered with the DBS up-date service if the chair makes a check of the individual’s certificate status at least every three years;

(ii) where an individual is not registered with the DBS up-date service if the chair applies for a DBS certificate in respect of the individual at least every three years;

and the chair, having considered the information from the check or application, considers that the individual remains suitable to be a member of the body of persons corporate or unincorporate named as the proprietor of the independent school;

(e) for the purposes of sub-paragraphs (a) to (d), where a DBS up-date service check has not been made or a DBS certificate has not been applied for in respect of any individual within a period of 3 years ending with the date on which these Regulations come into force, the first such check or application must be made within a period of 180 days beginning with the date that these Regulations come into force.

24.—(1) The standard in this paragraph is met if the proprietor keeps a register in accordance with the independent school’s policy on data retention which shows such of the information referred to in sub-paragraphs (3) to (5) as is applicable to the independent school in question.

(2) The register referred to in sub-paragraph (1) may be kept in electronic form, provided that the information recorded is capable of being reproduced in legible form.

(3) The information referred to in this sub-paragraph is—

(a) in relation to each member of staff, the date they were appointed;

(b) in relation to each member of staff (“S”), whether—

(i) S’s identity was checked,

(ii) a check was made to establish whether S is barred from regulated activity relating to children in accordance with section 3(2) of the 2006 Act,

(iii) a check was made to establish whether S is subject to a prohibition order, an interim prohibition order, a suspension order or an interim suspension order,

(iv) a check was made to establish whether S is subject to any direction made under section 142 or 167A of the 2002 Act, section 128 of the 2008 Act or any disqualification, prohibition or restriction which takes effect as if contained in such a direction,

(v) checks were made to ensure, where appropriate, that S had the relevant qualifications,

(vi) a DBS certificate was obtained in respect of S (or where S is registered with the DBS up-date service a check made of S’s certificate status),

(vii) a check of S’s right to work in the United Kingdom was made, and

(viii) checks were made pursuant to paragraph 20(2)(f),

including the date on which each such check was completed or the certificate obtained.

(4) The information referred to in this sub-paragraph is, in relation to supply staff—

(a) whether written notification has been received from the employment business that—

(i) checks corresponding to those referred to in sub-paragraph (3)(b)(i) to (iv), (vii) and (viii) have been made to the extent relevant to any such person, and

(ii) that employment business or another employment business has obtained a DBS certificate (or where the person is registered with the DBS up-date service a check made of the person’s certificate status),

together with the date the written notification that each such check was made, or certificate obtained was received,

(b) where written notification has been received from the employment business in accordance with a contract or other arrangements referred to in paragraph 21(2)(d) that it has obtained a DBS certificate, whether or not the employment business supplied a copy of the certificate to the independent school, and

(c) whether a check has been made in accordance with paragraph 21(2)(e) together with the date the check was completed.

(5) The information referred to in this sub-paragraph is, in relation to each member of a body of persons named as the proprietor—

(a) the date they were appointed;

(b) whether the checks referred to in paragraph 22(6)(b) were made, the date they were made and the date on which the resulting certificate was obtained.

(6) It is immaterial for the purposes of sub-paragraphs (3), (4) and (5) whether the check was made or certificate obtained pursuant to a legal obligation.

PART 5 Premises of and boarding accommodation at independent schools

25.  The standards about the premises of and boarding accommodation at the independent school are those contained in this Part.

26.  For the purposes of this Part, a pupil has “special requirements” if the pupil has any needs arising from physical, medical, sensory, learning, emotional or behavioural impairments which require provision which is additional to or different from that generally required by children of the same age in maintained schools and independent schools other than special schools.

27.  The standard in this paragraph is met if the proprietor ensures that—

(a) the water supply meets the requirements of the school premises regulations,

(b) there is an adequate drainage system for hygienic purposes and the disposal of waste water and surface water,

(c) each load bearing structure is satisfactory in accordance with the school premises regulations,

(d) the independent school has effective security arrangements for the grounds and building,

(e) premises which are used for another purpose other than conducting the independent school are organised to ensure that the health, safety and welfare of pupils are safeguarded and their education is not interrupted by other users,

(f) the independent school buildings provide reasonable resistance to penetration by rain, snow, wind and moisture from the ground,

(g) there is sufficient access so that emergency evacuations can be accomplished safely for all pupils, particularly those with special requirements,

(h) access to the independent school allows all pupils including those with special requirements, to enter and leave the independent school in safety and comfort,

(i) the premises and boarding accommodation are not in such a state as to be prejudicial to health or a nuisance,

(j) having regard to the number, age and needs (including any special requirements) of pupils, classrooms are appropriate in size to allow effective teaching and do not compromise health and safety,

(k) there are sufficient washrooms for staff and pupils, including facilities for pupils with special requirements, taking account of the school premises regulations,

(l) there are appropriate facilities for pupils who are ill in accordance with the school premises regulations,

(m) where food and drink is served, there are adequate facilities for its hygienic preparation, service and consumption,

(n) classrooms and other parts of the independent school are maintained in a tidy, clean and hygienic state,

(o) sound insulation and acoustics allow effective teaching and communication,

(p) lighting, heating and ventilation in classrooms and other parts of the independent school are satisfactory in accordance with the school premises regulations,

(q) there is a satisfactory standard and adequate maintenance of decoration,

(r) the furniture and fittings are appropriately designed for the age and requirements (including any special requirements) of all registered pupils at the independent school,

(s) there is appropriate flooring in good condition,

(t) there are appropriate arrangements for providing outside space for all pupils to play safely (including pupils with any special requirements),

(u) where boarding accommodation is provided, it has regard to the National Minimum Standards for Boarding Schools or, where applicable; the National Minimum Standards for Residential Special Schools, and

(v) there is an accessibility plan prepared and reviewed in accordance with the requirements of section 88 of and Schedule 1 to the 2010 Act.

PART 6 The provision of information

28.—(1) The provision of information by the independent school meets the standard if the proprietor ensures that the requirements in sub-paragraphs (2) to (8) are met.

(2) The independent school must provide to parents of pupils and parents of prospective pupils and on request to the Chief Inspector, the Welsh Ministers, or a body approved under section 163(1)(b) of the 2002 Act—

(a) the independent school’s address, email address and telephone number, and the name of the head teacher;

(b) either—

(i) where the proprietor is an individual, that person’s—

(aa) full name,

(bb) direct business email address,

(cc) telephone number (during term time and non-term time),

(dd) correspondence address (during term time and non-term time), or

(ii) where the proprietor is a body of persons corporate or unincorporate, the address and telephone number of its registered or principal office;

(c) where the independent school has a governing body, the name and contact details of the chair of that body;

(d) a statement of the independent school’s ethos (including any religious ethos) and aims;

(e) particulars of the independent school’s policy on and arrangements for admissions, discipline and exclusions;

(f) particulars of education and welfare provision for pupils with individual development plans or statements and for pupils for whom Welsh or English is an additional language.

(3) The independent school must make available to parents of pupils and parents of prospective pupils and on request to the Chief Inspector, the Welsh Ministers, or a body approved under section 163(1)(b) of the 2002 Act—

(a) particulars of the policies prepared under Part 1 of this Schedule,

(b) particulars of the policies prepared under Part 3 of this Schedule,

(c) particulars of the independent school’s academic performance during the preceding school year, including the results of any public examinations and assessments resulting in a qualification,

(d) details of the complaints procedure set out in accordance with paragraph 29 of this Schedule, and the number of complaints registered under the formal procedure during the preceding school year,

(e) the number of staff employed at the independent school, including temporary staff, and a summary of their qualifications,

(f) the term dates for—

(i) the current academic year, and

(ii) the subsequent academic year, and

(g) the dates of any planned closures during the term dates made available under paragraph (f).

(4) Following an inspection under section 163(1) of the 2002 Act and not more than 14 days after a copy of the report of the inspection has been provided to the proprietor or the independent school the inspection report is—

(a) published and maintained on the independent school’s website (if the independent school has a website), and

(b) is provided to—

(i) the parents of every registered pupil,

(ii) where a registered pupil is looked after by a local authority, the local authority that is responsible for looking after them,

(iii) where a registered pupil’s placement is funded wholly or partly by a local authority, the local authority that provides the funding, and

(iv) where a registered pupil has an individual development plan or statement, the local authority with responsibility for maintaining the individual development plan or statement.

(5) An annual written report of the progress of each registered pupil and their attainment in the main subject areas taught must be provided by the independent school, except that no report needs to be sent to a parent who has agreed otherwise with the independent school.

(6) The independent school will provide to any body conducting an inspection under section 163 of the 2002 Act with—

(a) any information reasonably requested in connection with an inspection that is necessary for the purposes of the inspection, and

(b) access to the admission register, and any attendance register, maintained in accordance with the regulations made under section 434 of the 1996 Act.

(7) Where a pupil wholly or partly funded by a local authority is registered at the independent school, an annual audited account of income received and expenditure incurred by the independent school must be provided to the local authority and on request to the Welsh Ministers.

(8) Where a pupil with an individual development plan or statement is registered at the independent school, the independent school must provide such information to the local authority as may reasonably be required for the purpose of a statutory review of the individual development plan or statement.

PART 7 The manner in which complaints are to be handled

29.  The manner in which complaints are handled meets the standard if the proprietor ensures that the independent school draws up and effectively implements a complaints procedure which—

(a) is in writing,

(b) is made available on the independent school’s website, or where the independent school does not have a website, it is provided to pupils or boarders, the parents of pupils or boarders and of prospective pupils or boarders at the independent school,

(c) sets out clear time scales for the management of a complaint,

(d) provides an opportunity for a complaint to be made and considered initially on an informal basis,

(e) where the parents, pupils or boarders are not satisfied with the response made in accordance with sub-paragraph (d), or wish to pursue a formal complaint, establishes a procedure for the complaint to be made in writing,

(f) where the parents, pupils or boarders are not satisfied with the response to the complaint made in accordance with sub-paragraph (e), makes provision for a hearing before a panel appointed by or on behalf of the proprietor and consisting of at least three people who were not directly involved in the matters detailed in the complaint,

(g) stipulates that, where there is a panel hearing of a complaint, one person will be independent of the management and running of the independent school,

(h) allows for the parents, pupils, or boarders to attend and to be accompanied at a panel hearing if they wish,

(i) provides for the panel to make findings and recommendations and stipulates that the complainant, proprietor and head teacher, and where relevant the person complained about, are each provided a copy of any findings and recommendations,

(j) provides for written records to be kept, in accordance with the independent school’s policy on data retention, of all complaints, including whether they are resolved at the preliminary stage or proceed to a panel hearing and any action taken by the independent school as a result of those complaints and whether they were upheld,

(k) provides that, subject to paragraph 28(3)(d) of this Schedule, correspondence, statements and records of complaints are to be kept confidential except where the Welsh Ministers or a body conducting an inspection under section 163 of the 2002 Act requests access to any documents relating to the complaint, and

(l) where the independent school provides boarding accommodation, complies with the National Minimum Standards for Boarding Schools, or where applicable, the National Minimum Standards for Residential Special Schools.

(1)

The protected characteristics are set out in Chapter 1 of Part 2 of the Equality Act 2010 (c. 15).

(2)

Part 6 makes provision about education and consists of four Chapters. Chapter 1 makes provision about schools.

(3)

S.I. 2005/1541.

(4)

Section 434 was amended by section 140(1) of and paragraph 111 of Schedule 30 to the School Standards and Framework Act 1998 (c. 31) and by article 5(1) of and paragraph 7(1) and (3) of Schedule 2 to S.I. 2010/1158. The current regulations are the Education (Pupil Registration) (Wales) Regulations 2010 (S.I. 2010/1954) (W. 187) amended by S.I. 2022/758 (W. 164).