The Pupil Referral Units (Miscellaneous Amendments) (England) Regulations 2012

EXPLANATORY NOTE

(This note is not part of the Regulations)

Section 19 of the Education Act 1996 (“the 1996 Act”) requires local authorities to make arrangements for the provision of suitable education at school or otherwise than at school for those children of compulsory school age who, by reason of illness, exclusion from school or otherwise may not for any period receive suitable education unless such arrangements are made for them. Any school established and maintained by a local authority which is specially organised to provide education for such children is known as a pupil referral unit (“a unit” – see section 19(2B) of the 1996 Act). Schedule 1 to the 1996 Act provides that enactments which apply to maintained schools can be applied with, or without, modification to units by regulations.

Part 2 amends the Education (Pupil Referral Units) (Management Committees etc) (England) Regulations 2007 (“the Management Committee Regulations”). This Part applies to units, with modifications, section 69 of, and Schedule 6 to, the Education and Inspections Act 2006. The amendments provide that where a unit in England is “eligible for intervention” (as defined by an amendment to the Management Committee Regulations) the Secretary of State may notify the local authority which maintains it that the management committee is to consist of interim executive members, appointed by the Secretary of State. Regulation 2(13) inserts Schedule 4 (Committees consisting of interim executive members) into the Management Committee Regulations, which sets out how the committee will operate in these circumstances.

Part 2 also makes provision for changes in relation to community members where the management committee is constituted under Parts 2 to 6 of the Management Committee Regulations. Regulation 2(9) creates a new category of community member (“a school representative”). With the exception of individuals employed by a local authority to work in a school which the local authority maintains, local authority employees may not be appointed as community members (regulation 2(9)(b)). The management committee can only appoint other categories of community member if it is not reasonably practicable first to appoint a school representative (regulation 2(11)). Under regulation 2(12), from 1st September 2013, individuals who are not eligible for appointment as a community member (under regulation 12(2) of the Management Committee Regulations (as amended)) are disqualified from holding or continuing to hold office as community members.

Part 3 of these Regulations amends paragraph 23 of Part 1 of Schedule 1 to the Education (Pupil Referral Units) (Application of Enactments) (England) Regulations 2007, which applies section 68 of the Education and Inspections Act 2006 to units with modifications. This enables the Secretary of State to direct closure of a unit in certain circumstances.

Part 4 amends the Education (Short Stay Schools) (Closure) (England) Regulations 2010 to extend the circumstances where a local authority in England must obtain the Secretary of State’s consent before closing a unit. This Part also revokes the Education (Short Stay Schools) (Closure) (England) (Amendment) Regulations 2010.

An impact assessment has not been produced for this instrument as no impact on businesses or civil society organisations is foreseen.