Education Act 2002

Education Act 2002

2002 CHAPTER 32

Commentary on Sections and Schedules

Part 3 – Maintained Schools

Chapter 1 – Government of maintained schools

Sections 27 and 28: power of governing body to provide community facilities

90. These sections enable the governing bodies of all maintained schools to provide any facilities or services which will further any charitable purpose for the benefit of their pupils, families of pupils and the wider community. This power is in addition to the governing body’s general responsibility to conduct the school with a view to promoting high standards of educational achievement at the school.

91. These sections give governing bodies flexibility by, for example, allowing them to incur expenditure, enter into agreements and charge for any services or facilities.

92. Schedule 1 provides that the general powers of the governing body relate to the provision of community facilities as well as the governing body’s core duty of provision of education.

93. The sections place certain limits on governing bodies should they decide to exercise their power. Section 28 provides that governing bodies’ power to provide community facilities is subject to any limits or restrictions contained in the school’s instrument of government and the local authority’s financial scheme under section 48 of SSFA. The sections ensure governors cannot exercise the power to provide community facilities if it interferes with the duties they are required to carry out under Education Acts and contain a power to make regulations to prohibit certain specific types of service.

94. The sections require the governing body to consult the LEA, school staff, parents, pupils and any other people the governing body thinks appropriate before exercising this power, to have regard to any guidance issued by the Secretary of State or the NAW and to have regard to any advice offered by the LEA.