Part 4Regulation and inspection of independent educational provision in England

Chapter 1Independent educational institutions in England

Introductory

F192F1Independent educational institutionsF1Independent educational institutions in England

(1)

For the purposes of this Chapter, “an independent educational institution” means—

(a)

an independent school, or

(b)

an institution other than an independent school which—

(i)

provides part-time education for one or more persons of compulsory school age (“part-time students”) whether or not it also provides full-time education for any person, and

(ii)

would be an independent school but for the fact that the education provided for the part-time student or students is part-time rather than full-time.

(2)

For the purposes of this section, an institution provides “part-time” education for a person if it provides education for the person—

(a)

for at least 12.5 hours a week, for at least 28 weeks, during an academic year at the end of which the person is under the age of 12, or

(b)

for at least 15 hours a week, for at least 28 weeks, during an academic year at the end of which the person is aged 12 or over,

which does not amount to full-time education.

(3)

Regulations may—

(a)

provide that a specified institution or an institution of a specified description is not an independent educational institution by virtue of subsection (1)(b);

(b)

provide that time spent on a specified activity or on an activity of a specified description is or is not to be treated as time during which education is being provided for the purposes of this section;

(c)

amend subsection (2)(a) or (b) so as to substitute a different number of weeks for the number of weeks for the time being mentioned there.

(4)

In this section—

“an academic year” means a period of 12 months ending with 31 August;

“specified” means specified in regulations under this section.

F1(1)

The following are independent educational institutions for the purposes of this Chapter—

(a)

independent schools in England;

(b)

institutions in England, other than independent schools and excepted institutions, that provide full-time education for—

(i)

at least five children of compulsory school age, or

(ii)

at least one child of compulsory school age who is looked after by a local authority or has special educational needs.

(2)

The following subsections apply for the purposes of subsection (1)(b) (and see section 138(1A) for provision about the meaning of an institution providing education).

(3)

Regulations may—

(a)

specify that an amount of time is or is not to be treated as “full-time” by reference to a number of hours in, or a proportion of, a week or other period, or in any other way;

(b)

provide that time spent on a specified activity or on an activity of a specified description is or is not to be treated as time during which education is being provided;

(c)

amend subsection (4) so as to add, remove or amend factors;

(d)

amend this section so as to add, remove or amend provision about the interpretation of the factors in subsection (4).

(4)

If, or to the extent that, the question of whether an institution provides full-time education for a child is not determined by regulations under subsection (3)(a) or (b), the factors relevant to determining that question include—

(a)

the number of hours per week that—

(i)

education is provided to children by the institution;

(ii)

activities incidental to that education (such as breaks and independent study time) are provided;

(b)

the number of weeks in an academic year that education is provided;

(c)

the time of day that education is provided.

(5)

An academic year means a period of 12 months ending with 31 August.

(6)

A child has special educational needs if an EHC plan or an individual development plan is maintained for the child (see section 579(1) of the Education Act 1996 for the meaning of “EHC plan” and “individual development plan”).

(7)

A reference to a child who is looked after by a local authority is to be read—

(a)

in relation to a local authority in England, in accordance with section 22 of the Children Act 1989;

(b)

in relation to a local authority in Wales, in accordance with section 74 of the Social Services and Well-being (Wales) Act 2014 (anaw 4).

(8)

The following are excepted institutions—

(a)

an institution that provides only early years provision;

(b)

a school maintained by a local authority;

(c)

a school approved under section 342 of the Education Act 1996 (approval of non-maintained special schools);

(d)

a 16 to 19 Academy;

(e)

an institution that is within the further education sector or the wider higher education sector;

(f)

a secure college, secure training centre or young offender institution;

(g)

an institution of a description specified in regulations.

(9)

For provision regulating independent schools in Wales, see Chapter 1 of Part 10 of the Education Act 2002.