The School Information (England) Regulations 2008

PART 1 General

Citation, commencement and application

1.—(1) These Regulations may be cited as the School Information (England) Regulations 2008 and come into force on 10th February 2009.

(2) They apply only in relation to England and only to information in relation to the academic year 2010 – 2011 and subsequent years.

Interpretation

2.  In these Regulations—

“EA 1996” means the Education Act 1996;

“SSFA 1998” means the School Standards and Framework Act 1998;

“academic year” means a period commencing with 1st August and ending with the next 31st July;

“admission year” means an academic year at the beginning of which pupils are to be admitted to schools in consequence of admission arrangements determined for that year;

“composite prospectus” means a document published in accordance with regulation 5;

“determination year” means the academic year immediately preceding the offer year;(1)

“fair access protocol” means an arrangement made by the authority which aims to ensure that children who have no school place are offered a place at a suitable school as quickly as possible;

“local authority” means a local education authority;

“maintained school” means—

(a)

for the purposes of Part 2, a community, foundation or voluntary school, and

(b)

for the purposes of Parts 3 and 4, a community, foundation or voluntary school, or any community or foundation special school which is not established in a hospital;

“non-maintained special school” means a special school which is not maintained by a local authority and which is not established in a hospital;

“offer year” means the academic year immediately preceding the admission year;(2)

“public examinations” means public examinations which are for the time being prescribed by regulations made under section 402 of EA 1996;(3)

“primary education” does not include such education provided at a middle school;

“selection arrangements” means those arrangements (if any) in the admission arrangements determined for a school for a particular academic year which make provision for the selection of pupils by ability or aptitude within the meaning of section 99(5) of SSFA 1998;

“school prospectus” means the document described in regulation 10;

“school travel scheme” means a scheme made by a local authority under section 508E of, and paragraph 1 of Schedule 35C to, EA 1996;(4)

“special educational needs” and “special educational provision” have the meanings given in section 312 of EA 1996;

“special school” has the meaning given in section 337(1) of EA 1996;

“sustainable modes of travel strategy” means a sustainable modes of travel strategy prepared by a local authority pursuant to section 508A(1)(a) of EA 1996;(5)

“travel arrangements” means travel arrangements made under sections 508B or 508C of EA 1996(6); and

“waiting list” in relation to a school means any list of unsuccessful applicants for the school maintained by the admission authority after the date on which offers of school places are communicated to parents.

Qualification of duties

3.  The duties imposed on a governing body and a local authority by virtue of these Regulations in respect of provision, publication or making available information apply only to the extent that that information is available to the governing body or the local authority in time for it to be reasonably practicable to provide, publish or make available the information before the latest occasion on which the information is required to be provided, published or made available, as the case may be.

Regulations revoked

4.  The Regulations set out in Schedule 1 are revoked.

PART 2 Publication of Composite Prospectus

Local authority to publish composite prospectus

5.—(1) No later than 12th September in the offer year a local authority must publish the information specified in Schedule 2 in relation to all maintained schools, Academies, city technology colleges and city colleges for the technology of the arts in the composite prospectus area, in accordance with regulation 6.

(2) The information in Part 2 of Schedule 2 (information in respect of individual schools) may be published in one composite prospectus, or in two or more composite prospectuses covering respectively—

(a) primary schools, and secondary schools;

(b) schools in different parts of the composite prospectus area

provided that every prospectus published under this regulation must include the information specified in Part 1 of Schedule 2 (General information).

(3) For the purposes of this regulation—

(a) “the composite prospectus area” means—

(i) the local authority’s area; and

(ii) any part of the relevant area or relevant areas which fall outside the local authority’s area, and

(b) the “relevant area” has the meaning given in section 88F(4) of SSFA 1998(7) and The Education (Relevant Areas for Consultation on Admission Arrangements) Regulations 1999(8).

Manner of publication

6.—(1) A local authority must publish a composite prospectus—

(a) by displaying a copy on their website; and

(b) by copies being made available for distribution without charge to parents on request—

(i) at the offices of the local authority, and

(ii) at every school maintained by the local authority, and at every Academy, city technology college, and city college for the technology of the arts in composite prospectus area.

(2) A composite prospectus published under paragraph (1)(a) in respect of an academic year must be displayed on the website until it is replaced by a composite prospectus for the following academic year.

(3) In the case of a supplementary information form required to be published in the composite prospectus by virtue of paragraph 14 of Schedule 2, it is sufficient compliance with this regulation if such form is published in accordance with paragraph (1)(a) and (1)(b)(i).

Provision of information to the local authority by governing bodies

7.—(1) Subject to paragraph (2), for the purpose of enabling a local authority to comply with their obligations under regulations 5 and 6 the governing body of every maintained school to be included in a composite prospectus must provide the local authority with the information specified in Part 2 of Schedule 2 no later than 8th August in the offer year.

(2) In relation to a school where the local authority is the admission authority, the governing body need only provide the information specified in paragraph 15 of Schedule 2 and any other information specified in Part 2 of that Schedule as is requested by the local authority.

PART 3 Publication of other information by local authority

Local authority to publish other information

8.—(1) A local authority must publish the information in Schedule 3 in accordance with paragraph (2) and regulation 9.

(2) Such information must be published during the offer year and, except in so far as it relates exclusively to primary education, or special educational provision, or provision to which section 19 of EA 1996(9) applies (exceptional provision of education in pupil referral units or elsewhere), must be published no later than six weeks before the date up to which parents may express a preference for a school in respect of the admission year.

(3) Where changes in respect of any of the matters required to be published under this regulation have been decided upon by the local authority but not yet implemented, the local authority must also publish information about those changes.

Manner of publication

9.—(1) A local authority must publish the information in Part 1 of Schedule 3 (Miscellaneous Matters)—

(a) by placing it on their website;

(b) by copies being made available for distribution without charge to parents on request, and for reference by parents and other persons—

(i) at the office of the local authority, and

(ii) at every school maintained by the local authority, other than a nursery school, a special school or a pupil referral unit, and at every Academy, city technology college, and city college for the technology of the arts in composite prospectus area;

(c) by copies being distributed without charge to parents of pupils at schools maintained by the local authority, other than nursery schools, special schools or pupil referral units, who, in the offer year, are in the final year at such schools and who might transfer to other schools so maintained; and

(d) by copies being made available for reference by parents and other persons at the public libraries in the area of the local authority.

(2) In the case of the information in paragraph 9 of Schedule 3 (the local authority’s sustainable modes of travel strategy) the local authority need not comply with sub-paragraphs (1)(b) - (d).

(3) It shall be sufficient compliance with paragraph (1)(b)(ii) if so much of the information and particulars as relates to schools classified as—

(a) primary schools;

(b) middle schools;

(c) secondary schools,

is available only in schools of the classification in question.

(4) It shall be sufficient compliance with paragraph (1)(c) if there is published so much of the information and particulars as is relevant having regard to the schools to which pupils in the final year at that school might transfer.

(5) A local authority must publish the information in Part 2 of Schedule 3 (Special Educational Provision —

(a) by placing it on their website;

(b) by copies being made available for distribution without charge to parents on request and, for reference by parents and other persons, at the offices of the relevant authority; and

(c) by copies being available for reference by parents and other persons—

(i) at every school maintained by the local authority, and at every Academy, city technology college, and city college for the technology of the arts in composite prospectus area, and

(ii) at the public libraries in the area of the authority.

(6) A local authority must publish the information in Part 3 of Schedule 3 (Exceptional Provision of Education in Pupil Referral Units or Elsewhere) in the manner set out in paragraph (1)(b) – (d).

PART 4 Information to be published by governing bodies

Publication of school prospectuses

10.—(1) The governing body of a maintained school must publish—

(a) the report containing special needs information referred to in section 317(5) of EA 1996; and

(b) any other general information relating to that school which they may decide to publish,

as a single document identified as the school prospectus.

(2) Copies of the school prospectus must be made available at the school for distribution without charge to parents on request and for reference by parents and other persons.

(3) The school prospectus must be published during the offer year and, except in the case of a special school, not later than six weeks before the date up to which parents may express a preference for a school in respect of the admission year.

(4) In the case of a special school such information must also be published by copies being made available at the offices of the relevant authority for distribution without charge to parents on request and reference by parents and other persons.

(5) In the case of any maintained secondary school, a copy of the school prospectus shall be provided without charge to the offices in the area served by the school of persons providing career services in accordance with arrangements made, or directions given, under section 10 of the Employment and Training Act 1973(10).

PART 5 Supplementary

Supplementary provisions relating to published documents

11.—(1) This regulation applies in relation to any document which contains such information or particulars as are mentioned in the preceding provisions of these Regulations and which is published in accordance with them.

(2) Such a document must state the admission year to which the information or particulars in it relate and contain a warning that, although they were correct in relation to that year at a date specified in the document (not being earlier than six months before that of its publication), it should not be assumed that there will be no change affecting the relevant arrangements or some matters particularised—

(a) before the start of, or during, the academic year in question; or

(b) in relation to subsequent academic years.

(3) If it appears appropriate to the local authority or, as the case may be, the governing body in respect of such a document to be published by them that a translation of such a document in a language other than English should be available, or that a Braille or audio tape version of such a document should be available, it shall be translated into that language or produced in a Braille or audio tape version, as the case may be, and the document so translated or so produced must be published in such manner as appears to the governing body or authority to be appropriate.

(4) Parents must not be charged for a copy of such a translated document or such a document produced in a Braille or audio type version if they are entitled without charge to a copy of the original document.

Sarah McCarthy-Fry

Parliamentary Under Secretary of State

Department for Children, Schools and Families

3rd December 2008