The School Information (Wales) Regulations 2011

Welsh Statutory Instruments

2011 No. 1944 (W.211)

EDUCATION, WALES

The School Information (Wales) Regulations 2011

Made

29 July 2011

Laid before the National Assembly for Wales

4 August 2011

Coming into force

1 September 2011

The Welsh Ministers in exercise of the powers conferred on the Secretary of State by sections 29(5), 408, 537(1) to (8) and 569(4) and (5) of, and paragraph 3 of Schedule 1 to, the Education Act 1996(1) and sections 92 and 138(7) and (8) of the School Standards and Framework Act 1998(2), and now vested in them(3), and after consulting with those persons with whom consultation appeared to them to be desirable, make the following Regulations:

PART 1 E+W General

Title, commencement, application and revocation E+W

1.—(1) The title of these Regulations is the School Information (Wales) Regulations 2011 and they come into force on 1 September 2011.

(2) These Regulations apply in relation to Wales.

(3) The regulations set out in Schedule 1 are revoked.

Commencement Information

I1 Reg. 1 in force at 1.9.2011, see reg. 1(1)

[F1 Disapplication of certain duties for the 2019-2020 school year E+W

1A.   The information specified in paragraph 30 of Schedule 3 and relating to the 2019-2020 school year must not be included in any school prospectus.]

Textual Amendments

F1 Reg. 1A inserted (7.8.2020) by The Relaxation of School Reporting Requirements (Wales) (Coronavirus) Regulations 2020 (S.I. 2020/729), regs. 1(2), 4

[F2 Disapplication of certain duties for the 2020-2021 school year E+W

1B.   The information specified in paragraph 30 of Schedule 3 and relating to the 2020-2021 school year must not be included in any school prospectus.]

Textual Amendments

F2 Reg. 1B inserted (18.6.2021) by The Relaxation of School Reporting Requirements (Wales) (Coronavirus) Regulations 2021 (S.I. 2021/612), regs. 1(2), 4

[F3 Disapplication of certain duties for the 2021-2022 school year E+W

1C.   The information specified in paragraph 30 of Schedule 3 and relating to the 2021-2022 school year must not be included in any school prospectus.]

Textual Amendments

F3 Reg. 1C inserted (1.4.2022) by The Relaxation of School Reporting Requirements (Wales) (Coronavirus) Regulations 2022 (S.I. 2022/178), regs. 1(2), 3

Interpretation E+W

2.—(1) In these Regulations, unless the context otherwise requires—

“the 1996 Act” (“Deddf 1996”) means the Education Act 1996;

“the 1998 Act” (“Deddf 1998”) means the School Standards and Framework Act 1998;

“the 2002 Act” (“Deddf 2002”) means the Education Act 2002;

“admission number” (“nifer derbyn”) means the number of pupils in any relevant age group intended to be admitted in any school year as determined by an admission authority in accordance with section 89(1) and 89A(1) of the 1998 Act(4);

“admission school year” (“blwyddyn dderbyn ysgol”) means a school year at the beginning of which pupils are to be admitted to any school in consequence of admission arrangements determined for that year;

“capacity” (“capasiti”) means the number of pupils that may be admitted to a school in accordance with the capacity assessment method set out in the guidance document “Measuring the Capacity of Schools in Wales” published by the Welsh Ministers(5);

“composite prospectus” (“prosbectws cyfansawdd”) means a document published in accordance with regulation 4;

[F4 “Curriculum for Wales” (“Cwricwlwm i Gymru”) means a curriculum implemented in accordance with the Curriculum and Assessment (Wales) Act 2021;]

“DEWi” (“Menter Cyfnewid Data Cymru”) means the data exchange Wales initiative database maintained and published by the Welsh Ministers(6);

F5 ...

F6 ...

“language category” (“category iaith”) means the category used for defining the type and extent of Welsh medium educational provision made by a maintained school and set out in the “[F7 Guidance on school categories according to Welsh-medium provision” first published by the Welsh Ministers on 16 December 2021];

F8 ...

“looked after children” (“plant sy'n derbyn gofal”) has the meaning given to it in section [F9 74(1) of the Social Services and Well-being (Wales) Act 2014 or, as the case may be, section] 22(1) of the Children Act 1989(7);

“maintained school” (“ysgol a gynhelir”) means a community, foundation or voluntary school or a community or foundation special school which is not established in a hospital excluding any nursery school but including, except in Parts 3 and 4 or where otherwise stated, any pupil referral unit;

“non-maintained special school” (“ysgol arbennig nas cynhelir”) means a special school which is not maintained by a local authority and is not established in a hospital;

“PLASC return” (“datganiad CYBLD”) means the pupil level annual school census completed by school governing bodies and submitted to the Welsh Ministers on an annual basis(8);

“previous school year” (“blwyddyn ysgol flaenorol”) means the school year immediately preceding the reporting school year;

“public examinations” (“arholiadau cyhoeddus”) means public examinations which are for the time being prescribed by regulations made under section 408, 451, 453 or 454 of the 1996 Act(9);

“publication school year” (“blwyddyn gyhoeddi ysgol”) means the school year immediately preceding the admission school year;

“reporting school year” (“blwyddyn adrodd ysgol”) means the school year immediately preceding the publication school year;

“school prospectus” (“prosbectws ysgol”) means the document described in regulation 8;

F10 ...

“unauthorised absence” (“absenoldeb anawdurdodedig”) means an occasion on which a pupil is recorded as absent without authority pursuant to the Education (Pupil Registration) (Wales) Regulations 2010(10) and “authorised absence” (“absenoldeb awdurdodedig”) will be construed accordingly; and

“work based learning” (“dysgu seiliedig ar waith”) means a process of planned activities delivered in the workplace which are especially designed for developing the knowledge, skills and competencies relevant to a particular occupation in the labour market, or generally relevant to effective participation in the labour market.

(2) In these Regulations any reference to a date up to which parents may express a preference for a school is a reference to the date on or before which, in accordance with arrangements made by the relevant local authority under section 86(1) of the 1998 Act(11), a parent wishing education to be provided for their child in the exercise of the local authority’s functions should express such a preference.

(3) In these Regulations any reference to a date up to which a child may express a preference for a school at which sixth-form education is to be provided for that child is a reference to the date on or before which, in accordance with arrangements made by the relevant local authority under section 86A(1) of the 1998 Act(12), a child wishing education to be provided for them in the exercise of the local authority’s functions should express such a preference.

(4) In these Regulations, unless the context otherwise requires, references to pupils of a particular age are to pupils who attained that age during the period of twelve months ending on 31 August immediately preceding the start of the reporting school year and who were registered pupils at the school on the third Thursday in January in the reporting school year.

(5) In these Regulations, unless otherwise stated, where a percentage which is required to be calculated by virtue of these Regulations is not a whole number it will be rounded to the nearest whole number, the fraction of one half being rounded upwards to the next whole number.

Textual Amendments

F4 Words in reg. 2(1) inserted (with effect in accordance with reg. 8(2) of the amending S.I.) by The Curriculum and Assessment (Wales) Act 2021 (Consequential Amendments) (Secondary Legislation) (No. 1) Regulations 2022 (S.I. 2022/666), regs. 1(2), 8(3)(e)

F5 Words in reg. 2(1) omitted (with effect in accordance with reg. 8(2) of the amending S.I.) by virtue of The Curriculum and Assessment (Wales) Act 2021 (Consequential Amendments) (Secondary Legislation) (No. 1) Regulations 2022 (S.I. 2022/666), regs. 1(2), 8(3)(a)

F6 Words in reg. 2(1) omitted (with effect in accordance with reg. 8(2) of the amending S.I.) by virtue of The Curriculum and Assessment (Wales) Act 2021 (Consequential Amendments) (Secondary Legislation) (No. 1) Regulations 2022 (S.I. 2022/666), regs. 1(2), 8(3)(b)

F7 Words in reg. 2(1) substituted (with effect in accordance with reg. 8(2) of the amending S.I.) by The Curriculum and Assessment (Wales) Act 2021 (Consequential Amendments) (Secondary Legislation) (No. 1) Regulations 2022 (S.I. 2022/666), regs. 1(2), 8(3)(c)

F8 Words in reg. 2(1) omitted (31.7.2018) by virtue of The Education (Amendments Relating to Teacher Assessment Information) (Wales) Regulations 2018 (S.I. 2018/766), regs. 1(2), 5(a)

F9 Words in reg. 2(1) inserted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) (Secondary Legislation) Regulations 2016 (S.I. 2016/211), reg. 1(2), Sch. 3 para. 122

F10 Words in reg. 2(1) omitted (with effect in accordance with reg. 8(2) of the amending S.I.) by virtue of The Curriculum and Assessment (Wales) Act 2021 (Consequential Amendments) (Secondary Legislation) (No. 1) Regulations 2022 (S.I. 2022/666), regs. 1(2), 8(3)(d)

Commencement Information

I2 Reg. 2 in force at 1.9.2011, see reg. 1(1)

Qualification of duties E+W

3.  The duties imposed on head teachers, governing bodies and local authorities by these Regulations in respect of the provision or publication of information apply only to the extent that that information is available to the governing body, local authority or head teacher (as the case may be) in time for it to be reasonably practicable for the information to be provided or published before the latest occasion on which the information is required to be provided or published, as the case may be.

Commencement Information

I3 Reg. 3 in force at 1.9.2011, see reg. 1(1)

PART 2 E+W Composite prospectus to be published by local authorities

Local authorities to publish composite prospectus E+W

4.—(1) A local authority must publish in a composite document the information required by this regulation with respect to all maintained schools in the composite prospectus area.

(2) For the purposes of this regulation, “the composite prospectus area” comprises—

(a) the area of the local authority publishing the document; and

(b) all such parts of the appropriate relevant areas as extend beyond that local authority’s area.

(3) For the purposes of paragraph (2)(b), “appropriate relevant area” means any relevant area (within the meaning of section 89(3) of the 1998 Act(13)) that applies for consultation about the proposed admission arrangements for a school maintained by the local authority publishing the document.

(4) A local authority may, if it wishes, carry out its obligation under paragraph (1) by publishing separate composite prospectuses covering respectively primary schools, middle schools and secondary schools(14).

(5) The composite prospectus must contain the information specified in Schedule 2.

(6) The time and manner of publication of such information and particulars must be in accordance with regulation 5.

Commencement Information

I4 Reg. 4 in force at 1.9.2011, see reg. 1(1)

Time and manner of publication of composite prospectus E+W

5.—(1) A composite prospectus must be published [F11 no later than 1 October] in the publication school year and not later than six weeks before the date up to which parents may express a preference for a school in respect of the admission school year.

(2) A composite prospectus must be published—

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

(i) at the offices of the local authority who are publishing it, and

(ii) at every school maintained by that local authority; and

(b) by copies being made available for reference by parents and other persons at the public libraries in that local authority’s area;

F12 (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d) by displaying a copy on the local authority’s website.

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

Textual Amendments

F11 Words in reg. 5(1) substituted (1.5.2013) by The National Curriculum (Amendments relating to Educational Programmes for the Foundation Phase and Programmes of Study for the Second and Third Key Stages) (Wales) Regulations 2013 (S.I. 2013/437), regs. 1, 4(3)

F12 Reg. 5(2)(c) omitted (30.5.2022) by virtue of The Education (Revocation of Assessment Arrangements in the National Curriculum and Miscellaneous Amendments) (Wales) Regulations 2022 (S.I. 2022/517), regs. 1(2), 11

Commencement Information

I5 Reg. 5 in force at 1.9.2011, see reg. 1(1)

PART 3 E+W Information to be made available to the local authorities by governing bodies

Provision of information for composite prospectus E+W

6.—(1) For the purpose of enabling the local authority to comply with their obligation under regulation 4, the governing body of every maintained school to be included in a document under that regulation must, in respect of each admission school year, make available to the local authority in question the information specified in Schedule 2.

(2) That information must be made available no later than such time before the time required for publication of the document as the local authority may reasonably require.

(3) In relation to a school where the local authority is the admission authority(15), the governing body need only provide the information specified in Schedule 2 and is requested by the local authority.

Commencement Information

I6 Reg. 6 in force at 1.9.2011, see reg. 1(1)

PART 4 E+W Information to be published by governing bodies

General information to be published by governing bodies about their schools E+W

7.—(1) The governing body of a maintained school must publish in relation to that school the information specified in Schedule 3.

(2) The information must be published as provided in regulation 8.

Commencement Information

I7 Reg. 7 in force at 1.9.2011, see reg. 1(1)

Time and manner of publication of information by governing bodies about their schools E+W

8.—(1) This regulation applies in relation to the publication by a governing body (or by a local authority on their behalf pursuant to section 92(c) of the 1998 Act) of the information specified in Schedule 3.

(2) Such information—

(a) must be published collectively in the form of a single document to be known as the school prospectus; and

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

(3) Such information and particulars must be published during the publication school year and, except in the case of a primary school (other than a middle school deemed to be a primary school) or of a special school, not later than six weeks before whichever is the earlier of the following dates—

(a) the date by which an application for admission to that school in respect of the admission school year should be made in accordance with the arrangements for admission to that school; or

(b) the date up to which parents may express a preference for a school in respect of the admission school year.

(4) In the case of a special school the information must also be published 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 local authority who maintain the school.

(5) In the case of any maintained secondary school, a copy of the school prospectus must 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(16).

Commencement Information

I8 Reg. 8 in force at 1.9.2011, see reg. 1(1)

PART 5 E+W Supplementary

Supplementary provisions relating to published documents E+W

9.—(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 those provisions.

(2) Such a document must state the school year to which the information or particulars contained 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 matter particularised—

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

(b) in relation to subsequent school years.

Commencement Information

I9 Reg. 9 in force at 1.9.2011, see reg. 1(1)

Translation of documents E+W

10.—(1) Where any document required to be published or to be made available for inspection under these Regulations is published in Welsh, then if it appears necessary to a local authority or, as the case may be, a governing body that the document should be translated into English it must be so translated and the translated document will be published in such manner as appears to the local authority or governing body to be appropriate.

(2) Where any document required to be published or to be made available for inspection under these Regulations is published in English, then if it appears necessary to a local authority or, as the case may be, a governing body that the document should be translated into Welsh, it must be so translated and the translated document must be published in such manner as appears to the local authority or governing body to be appropriate.

(3) If it appears to a local authority, or as the case may be, a governing body that a translation of any document required to be published or to be made available for public inspection by or under these Regulations in a language other than English or Welsh is necessary, or that a Braille or audio tape version of such a document should be available, it will be translated into that language or produced in Braille or audio tape, as the case may be and the translated document, Braille or audio version must be published in such manner as appears to the local authority or governing body to be appropriate.

(4) Parents may not be charged for a copy of any document translated or produced in Braille or audio tape version in accordance with paragraphs (1) to (3) if they are entitled without charge, to a copy of the original document.

Commencement Information

I10 Reg. 10 in force at 1.9.2011, see reg. 1(1)

Leighton Andrews

Minister for Education and Skills, one of the Welsh Ministers

29 July 2011

Regulation 1

SCHEDULE 1 E+W Regulations revoked

Commencement Information

I11 Sch. 1 in force at 1.9.2011, see reg. 1(1)

Regulations revoked	References	Extent of revocation
The Education (School Information) (Wales) Regulations 1999	S.I. 1999/1812	The whole regulations
The Education (School Information) (Wales) (Amendment) Regulations 2001	S.I. 2001/1111 (W.55)	The whole regulations
The Learning and Skills Act 2000 (Consequential Amendments) (Schools) (Wales) Regulations 2001	S.I. 2001/3710 (W.306)	Regulation 9
The Education (School Information) (Wales) (Amendment) Regulations 2002	S.I. 2002/1400 (W.139)	The whole regulations
The Education (School Information) (Wales) (Amendment) Regulations 2004	S.I. 2004/1736 (W.179)	The whole regulations
The National Curriculum (Key Stage 2 Assessment Arrangements) (Consequential Amendments) (Wales) Regulations 2004	S.I. 2004/2914 (W.253)	Regulation 3
The National Curriculum Assessment Arrangements (Miscellaneous Amendments) (Wales) Regulations 2005	S.I. 2005/1396 (W.110)	Regulation 3
The National Council for Education and Training for Wales (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005	S.I. 2005/3238 (W.243)	Paragraph 15 of Schedule 2
The Qualifications, Curriculum and Assessment Authority for Wales (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005	S.I. 2005/3239 (W.244)	Paragraph 3 of Schedule 2
The Learner Travel Information (Wales) Regulations 2009	S.I. 2009/569 (W.53)	Regulation 2
The Apprenticeships, Skills, Children and Learning Act 2009 (Consequential Amendments) (Wales) Regulations 2010	S.I. 2010/2431 (W.209)	Regulation 4

Regulation 4

SCHEDULE 2 E+W GENERAL INFORMATION TO BE PUBLISHED BY LOCAL AUTHORITIES IN THE COMPOSITE PROSPECTUS

PART 1 E+W Miscellaneous matters

1.  The postal and website addresses and telephone numbers of the offices of the local authority to which enquiries, in respect of primary and secondary education in their area, should be addressed. E+W

Commencement Information

I12 Sch. 2 para. 1 in force at 1.9.2011, see reg. 1(1)

2.  As respects each school (other than a pupil referral unit) mentioned in the composite prospectus— E+W

(a) the name, address and telephone number of the school together with the name of a person to whom enquiries should be made;

(b) the age range of pupils at the school;

(c) the number of registered pupils at the school on 31 January in the year immediately preceding the publication school year;

(d) the capacity of the school (other than a special school) on 31 January in the year immediately preceding the publication school year;

(e) the admission number for each relevant age group at the school (other than a special school);

(f) the admission number at the start of the school year immediately following the reporting school year;

(g) the number of written applications for places from the start of that year or (as appropriate) preferences expressed for places at the school pursuant to arrangements made by the relevant local authority under sections 86(1) or 86A(1) of the 1998 Act; and

(h) the number of appeals made pursuant to section 94 of the 1998 Act(17) prior to the start of the most recent school year and the number of such appeals that were successful.

Commencement Information

I13 Sch. 2 para. 2 in force at 1.9.2011, see reg. 1(1)

3.  The classification of each such school (other than a pupil referral unit) as— E+W

(a) a community, foundation, voluntary aided, voluntary controlled, community special or foundation special school(18);

(b) a primary, middle or secondary school;

(c) a comprehensive, grammar or partially selective school;

(d) a co-educational or single-sex school;

(e) a day or boarding school or a school taking both day and boarding pupils,

except that for the purposes of sub-paragraphs (b) and (c) other terminology may be used.

Commencement Information

I14 Sch. 2 para. 3 in force at 1.9.2011, see reg. 1(1)

4.  The language category used by the school governing body in the most recent PLASC return which most closely described the school. E+W

Commencement Information

I15 Sch. 2 para. 4 in force at 1.9.2011, see reg. 1(1)

5.  The admissions arrangements determined for the school in relation to each age at which pupils are admitted to the school (including ages above and below compulsory school age), including a statement of the policies and procedures adopted to enable parents or pupils to express a preference pursuant to arrangements made by the local authority under section 86(1) and 86A(1) of the 1998 Act respectively or to make an appeal against a refusal of a place. E+W

Commencement Information

I16 Sch. 2 para. 5 in force at 1.9.2011, see reg. 1(1)

[F13 5A.— (1) For the admission school year 2026 to 2027 and all subsequent school years, a summary of the scheme for co-ordinating admission arrangements of the local authority (“the scheme”) including— E+W

(a) a brief description of how an application for admission to a school under the scheme can be made, including how to apply and by what date,

(b) a brief description of when offers of admission to a school will be communicated to parents under the scheme,

(c) a brief description of when appeals against a refusal of a place will be heard,

(d) a brief description of how applications made otherwise than in a normal admission round will be determined under the scheme, and

(e) a copy of the common application form for the scheme referred to in regulation 3(1) of the Education (Co-ordination of School Admission Arrangements and Miscellaneous Amendments) (Wales) Regulations 2024 (“the 2024 Regulations”).

[F14 (2) In this paragraph—

“application” (“cais”) has the meaning given in regulation 2(1) of the 2024 Regulations;

“common application form” (“ffurflen gais gyffredin”) has the meaning given in regulation 2(1) of the 2024 Regulations;

“normal admission round” (“cylch derbyn arferol”) has the meaning given in regulation 2(2) of the 2024 Regulations;

“the scheme for co-ordinating admission arrangements of the local authority” (“y cynllun ar gyfer cydlynu trefniadau derbyn yr awdurdod lleol”) means—

(a)

a scheme adopted by a local authority pursuant to regulation 4(1) of the 2024 Regulations, or

(b)

a scheme imposed on the local authority by the Welsh Ministers pursuant to section 89B(2) of the 1998 Act.]]

Textual Amendments

F13 Sch. 2 para. 5A inserted (28.6.2024) by The Education (Co-ordination of School Admission Arrangements and Miscellaneous Amendments) (Wales) Regulations 2024 (S.I. 2024/698), regs. 1(2), 9

F14 Sch. 2 para. 5A(2) substituted (4.11.2024) by The Education (Amendments Relating to the Co-ordination of School Admission Arrangements) (Wales) Regulations 2024 (S.I. 2024/1002), regs. 1(2), 3

6.  The affiliations, if any, of each such school with a particular religious denomination. E+W

Commencement Information

I17 Sch. 2 para. 6 in force at 1.9.2011, see reg. 1(1)

7.  The local authority’s general arrangements and policies as respects the use of the Welsh language in schools maintained by them other than foundation or voluntary aided schools— E+W

(a) in the whole or in different parts of the local authority’s area;

(b) in all such schools or in different types of schools; and

(c) by pupils of all ages or specific age groups.

Commencement Information

I18 Sch. 2 para. 7 in force at 1.9.2011, see reg. 1(1)

8.  Details of any exemptions from the [F15 mandatory element of Welsh, as set out in section 3(2) of the Curriculum and Assessment (Wales) Act 2021, under sections 41, 42 and 48 of that Act] affecting pupils at schools maintained by the local authority specifying the nature of the exemption and the schools affected (but not so as to identify individual pupils affected). E+W

Textual Amendments

F15 Words in Sch. 2 para. 8 substituted (with effect in accordance with reg. 8(2) of the amending S.I.) by The Curriculum and Assessment (Wales) Act 2021 (Consequential Amendments) (Secondary Legislation) (No. 1) Regulations 2022 (S.I. 2022/666), regs. 1(2), 8(4)

Commencement Information

I19 Sch. 2 para. 8 in force at 1.9.2011, see reg. 1(1)

9.  The local authority’s general arrangements and policies in respect of the provision of food and drink throughout the school day including, in particular, the remission in whole or part of the charges. E+W

Commencement Information

I20 Sch. 2 para. 9 in force at 1.9.2011, see reg. 1(1)

10.  The local authority’s general arrangements and policies in respect of the provision of school clothing (including uniform and physical training clothes) and the making of grants to defray expenses in respect of such clothing and, in particular, the address from which parents may obtain detailed information as to the assistance which is available and eligibility for it. E+W

Commencement Information

I21 Sch. 2 para. 10 in force at 1.9.2011, see reg. 1(1)

11.  The local authority’s general arrangements and policies in respect of— E+W

(a) the making of grants to defray expenses (other than those mentioned in paragraphs 9 and 10); and

(b) the granting of allowances in the case of pupils over compulsory school age;

and in particular the address from which parents may obtain detailed information as to the assistance which is available and eligibility for it.

Commencement Information

I22 Sch. 2 para. 11 in force at 1.9.2011, see reg. 1(1)

12.  The local authority’s general policy in respect of the entering of pupils for public examinations. E+W

Commencement Information

I23 Sch. 2 para. 12 in force at 1.9.2011, see reg. 1(1)

13.  The local authority’s general arrangements and policies in respect of special educational provision for pupils with special educational needs including, in particular, the arrangements for parents to obtain information about the matters mentioned in Part 2 of this Schedule. E+W

Commencement Information

I24 Sch. 2 para. 13 in force at 1.9.2011, see reg. 1(1)

14.  The arrangements for parents and others to obtain copies of and to refer to particulars of the charging and remissions policies determined by the local authority under section 457 of the 1996 Act(19). E+W

Commencement Information

I25 Sch. 2 para. 14 in force at 1.9.2011, see reg. 1(1)

PART 2 E+W Special educational provision

15.  The local authority’s detailed arrangements and policies in respect of— E+W

(a) the identification and assessment of children with special educational needs and the involvement of parents in that process;

(b) the provision made in special schools maintained by it and the use made by it of special schools maintained by other local authorities;

(c) special educational provision provided otherwise than at school;

(d) the use of non-maintained special schools and independent schools in providing for pupils with special educational needs; and

(e) enabling parents who consider that their child may have special educational needs to obtain advice and further information.

Commencement Information

I26 Sch. 2 para. 15 in force at 1.9.2011, see reg. 1(1)

16.  The arrangements for parents to obtain the information set out in Schedule 3 in the case of the special schools used by the local authority which are maintained by it or other local authorities. E+W

Commencement Information

I27 Sch. 2 para. 16 in force at 1.9.2011, see reg. 1(1)

PART 3 E+W Exceptional provision of education in school or elsewhere

17.  The local authority’s general arrangements and policies in respect of the provision of education to which section 19 of the 1996 Act(20) applies. E+W

Commencement Information

I28 Sch. 2 para. 17 in force at 1.9.2011, see reg. 1(1)

18.  Changes in any matter in this Schedule which it has been determined will be made after the start of the school year to which the information relates. E+W

Commencement Information

I29 Sch. 2 para. 18 in force at 1.9.2011, see reg. 1(1)

Regulation 7

SCHEDULE 3 E+W INFORMATION TO BE PUBLISHED BY GOVERNING BODIES

1.  The name, address and telephone number of the school and the names of the head teacher and of the chair of the governing body. E+W

Commencement Information

I30 Sch. 3 para. 1 in force at 1.9.2011, see reg. 1(1)

2.  The classification of the school as— E+W

(a) a community, foundation, voluntary controlled, voluntary aided, community special or foundation special school;

(b) a primary, middle or secondary school;

(c) a comprehensive, grammar(21) or partially selective school;

(d) a co-educational or single-sex school;

(e) a day or boarding school or a school taking both day and boarding pupils;

except that for the purposes of sub-paragraph (b) or (c) other terminology may be used.

Commencement Information

I31 Sch. 3 para. 2 in force at 1.9.2011, see reg. 1(1)

3.  The language category in the most recent PLASC return to the Welsh Ministers which most closely describes the school. E+W

Commencement Information

I32 Sch. 3 para. 3 in force at 1.9.2011, see reg. 1(1)

4.  In relation to schools other than special schools, particulars of the admissions policy adopted for the school in relation to each age at which pupils are admitted to the school (including ages above and below compulsory school age). E+W

Commencement Information

I33 Sch. 3 para. 4 in force at 1.9.2011, see reg. 1(1)

5.  Where there are specific arrangements for parents who are considering sending their child to the school to visit it, details of those arrangements. E+W

Commencement Information

I34 Sch. 3 para. 5 in force at 1.9.2011, see reg. 1(1)

6.  In the case of a secondary school or a school (other than a special school) which provides secondary education, where information is available— E+W

(a) the number of places for each relevant age group at the school which were available at the start of the school year immediately preceding the admission school year;

(b) the number of written applications for such places from the start of that year or (as appropriate) preferences expressed for such places at the school pursuant to arrangements made under section 86(1) of the 1998 Act;

(c) the number of appeals made pursuant to section 94 of the 1998 Act prior to the start of the most recent school year and the number of such appeals that were successful.

Commencement Information

I35 Sch. 3 para. 6 in force at 1.9.2011, see reg. 1(1)

7.  A statement on the curriculum and organisation of education and teaching methods at the school, including details of any special arrangements in the curriculum or otherwise for particular categories of pupils, including those with statements of special educational needs made pursuant to section 324 of the 1996 Act(22). E+W

Commencement Information

I36 Sch. 3 para. 7 in force at 1.9.2011, see reg. 1(1)

8.  A summary of the policy adopted for the school by the governing body in relation to children with special educational needs as it appears from the information published by the governing body under regulations 3 to 4 of the Education (Special Educational Needs) (Information) (Wales) Regulations 1999(23). E+W

Commencement Information

I37 Sch. 3 para. 8 in force at 1.9.2011, see reg. 1(1)

9.  A brief statement on the ethos and values of the school. E+W

Commencement Information

I38 Sch. 3 para. 9 in force at 1.9.2011, see reg. 1(1)

10.  A brief statement on who has been designated as the member of staff at the school as having responsibility for promoting the educational achievement of looked after children and of that person’s role and a brief statement on the policies adopted for the school to support and promote the educational achievement of looked after children. E+W

Commencement Information

I39 Sch. 3 para. 10 in force at 1.9.2011, see reg. 1(1)

11.  Information as to the manner in which complaints are to be made under arrangements made pursuant to section 409 of the 1996 Act(24). E+W

Commencement Information

I40 Sch. 3 para. 11 in force at 1.9.2011, see reg. 1(1)

F16 12.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F16 Sch. 3 para. 12 omitted (with effect in accordance with reg. 8(2) of the amending S.I.) by virtue of The Curriculum and Assessment (Wales) Act 2021 (Consequential Amendments) (Secondary Legislation) (No. 1) Regulations 2022 (S.I. 2022/666), regs. 1(2), 8(5)(a)

F17 13.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F17 Sch. 3 para. 13 omitted (with effect in accordance with reg. 8(2) of the amending S.I.) by virtue of The Curriculum and Assessment (Wales) Act 2021 (Consequential Amendments) (Secondary Legislation) (No. 1) Regulations 2022 (S.I. 2022/666), regs. 1(2), 8(5)(b)

14.  A summary of any sporting aims of the school and of the provisions made for pupils at the school to participate in sport including a summary of the provision made for extra curricular sports activities. E+W

Commencement Information

I41 Sch. 3 para. 14 in force at 1.9.2011, see reg. 1(1)

15.  The affiliations, if any, of the school with a particular religion or religious denomination. E+W

Commencement Information

I42 Sch. 3 para. 15 in force at 1.9.2011, see reg. 1(1)

[F18 16.   A summary of the adopted curriculum as required under section 11(1)(b) of the Curriculum and Assessment (Wales) Act 2021.] E+W

Textual Amendments

F18 Sch. 3 para. 16 substituted (with effect in accordance with reg. 8(2) of the amending S.I.) by The Curriculum and Assessment (Wales) Act 2021 (Consequential Amendments) (Secondary Legislation) (No. 1) Regulations 2022 (S.I. 2022/666), regs. 1(2), 8(5)(c)

17.  Information as to any arrangements for a parent or a sixth-form pupil to exercise their rights under [F19 regulations made under section 71(7A)] of the 1998 Act(25) in relation to a pupil’s attendance at religious worship F20 ..., and of any alternative provision made for pupils concerned. E+W

Textual Amendments

F19 Words in Sch. 3 para. 17 substituted (with effect in accordance with reg. 8(2) of the amending S.I.) by The Curriculum and Assessment (Wales) Act 2021 (Consequential Amendments) (Secondary Legislation) (No. 1) Regulations 2022 (S.I. 2022/666), regs. 1(2), 8(5)(d)(i)

F20 Words in Sch. 3 para. 17 omitted (with effect in accordance with reg. 8(2) of the amending S.I.) by virtue of The Curriculum and Assessment (Wales) Act 2021 (Consequential Amendments) (Secondary Legislation) (No. 1) Regulations 2022 (S.I. 2022/666), regs. 1(2), 8(5)(d)(ii)

Commencement Information

I43 Sch. 3 para. 17 in force at 1.9.2011, see reg. 1(1)

18.  Information as to any determination made by a standing advisory council in respect of the school under section 394 of the 1996 Act(26). E+W

Commencement Information

I44 Sch. 3 para. 18 in force at 1.9.2011, see reg. 1(1)

19.  A summary of the charging and remissions policies determined by the governing body of the school under section 457 of the 1996 Act. E+W

Commencement Information

I45 Sch. 3 para. 19 in force at 1.9.2011, see reg. 1(1)

20.  For the admission school year— E+W

(a) the times at which each school session begins and ends on a school day; and

(b) the dates of school holidays (including half term holidays) during the admission school year.

Commencement Information

I46 Sch. 3 para. 20 in force at 1.9.2011, see reg. 1(1)

21.  A summary of any special arrangements for the admission of disabled pupils to the school and for enabling such pupils to have access to any part of the school premises, together with particulars of any steps which have been taken to prevent disabled pupils from being treated less favourably than pupils who are not disabled. E+W

Commencement Information

I47 Sch. 3 para. 21 in force at 1.9.2011, see reg. 1(1)

22.  A summary of any policies adopted by the governing body of the school with respect to equal opportunities. E+W

Commencement Information

I48 Sch. 3 para. 22 in force at 1.9.2011, see reg. 1(1)

23.  A summary of the arrangements made for the security of the pupils and staff at the school and the school premises. E+W

Commencement Information

I49 Sch. 3 para. 23 in force at 1.9.2011, see reg. 1(1)

24.  A summary of the provisions contained in the home-school agreement adopted by the governing body of the school under section 110(1)(a) of the 1998 Act(27). E+W

Commencement Information

I50 Sch. 3 para. 24 in force at 1.9.2011, see reg. 1(1)

25.  Changes in respect of any matter mentioned in the preceding paragraphs which it has been determined will be made after the start of the school year to which the particulars relate. E+W

Commencement Information

I51 Sch. 3 para. 25 in force at 1.9.2011, see reg. 1(1)

26.—(1) A brief statement as to the use of the Welsh language in the school by pupils of all age groups or of different age groups including, in particular— E+W

(a) the use of Welsh in each [F21 age group] as the language in which instruction is given in all or any subjects forming part of the curriculum and, where instruction in any such subject is given in Welsh of the extent, if any, to which alternative instruction in English is available in that subject;

(b) of the extent, if any to which Welsh is the usual language of communication at the school;

(c) any restriction that applies to a parent’s ability to choose the language in which instruction is given; and

(d) a brief description of the arrangements at the school to facilitate continuity in the extent of the instruction in Welsh for pupils—

(i) whilst registered at the school; and

(ii) transferring from the school, where that school is a primary school, to a secondary school.

(2) Details of any exemption from the [F22 mandatory element of Welsh, as set out in section 3(2) of the Curriculum and Assessment (Wales) Act 2021, under sections 41, 42 and 48 of that Act] but not so as to identify any individual pupils affected.

Textual Amendments

F21 Words in Sch. 3 para. 26(1)(a) substituted (with effect in accordance with reg. 8(2) of the amending S.I.) by The Curriculum and Assessment (Wales) Act 2021 (Consequential Amendments) (Secondary Legislation) (No. 1) Regulations 2022 (S.I. 2022/666), regs. 1(2), 8(5)(e)

F22 Words in Sch. 3 para. 26(2) substituted (with effect in accordance with reg. 8(2) of the amending S.I.) by The Curriculum and Assessment (Wales) Act 2021 (Consequential Amendments) (Secondary Legislation) (No. 1) Regulations 2022 (S.I. 2022/666), regs. 1(2), 8(5)(f)

Commencement Information

I52 Sch. 3 para. 26 in force at 1.9.2011, see reg. 1(1)

F23 27.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F23 Sch. 3 para. 27 omitted (31.7.2018) by virtue of The Education (Amendments Relating to Teacher Assessment Information) (Wales) Regulations 2018 (S.I. 2018/766), regs. 1(2), 5(b)

28.  In the case of a school with registered pupils who were aged 15 or 16 on the 1 September at the start of the previous school year, the number of such pupils and the percentage of that number falling within the following categories— E+W

(a) persons in full-time education, training or work based learning;

(b) persons in employment;

(c) persons known to the governing body not to fall within the terms of (a) or (b) above; and

(d) persons whom it is not known by the governing body whether they fall within any of the above categories.

Commencement Information

I53 Sch. 3 para. 28 in force at 1.9.2011, see reg. 1(1)

29.  The information in the most recent “Summary of Secondary School Performance” document published by the Welsh Ministers in relation to the school on DEWi. E+W

Commencement Information

I54 Sch. 3 para. 29 in force at 1.9.2011, see reg. 1(1)

30.—(1) The number of unauthorised absences and authorised absences in the reporting school year expressed as a percentage of the total number of possible attendances in that year. E+W

(2) For the purposes of this paragraph “the total number of possible attendances” means the number produced by multiplying the number of registered pupils in the school at the beginning of the reporting year by the number of school sessions in that year.

Commencement Information

I55 Sch. 3 para. 30 in force at 1.9.2011, see reg. 1(1)

F24 31.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F24 Sch. 3 para. 31 omitted (31.7.2018) by virtue of The Education (Amendments Relating to Teacher Assessment Information) (Wales) Regulations 2018 (S.I. 2018/766), regs. 1(2), 5(b)

Explanatory Note

(This note is not part of the Regulations)

These Regulations are made under sections 29(5), 408, 537(1) to (8) and 569(4) and (5) of, and paragraph 3 of Schedule 1 to, the Education Act 1996, and sections 92 and 138(7) and (8) of the School Standards and Framework Act 1998. They prescribe school information that must be published by local authorities and schools in relation to the academic year 2011-2012 and subsequent years.

These Regulations revoke and re-enact the Education (School Information) (Wales) Regulations 1999, with some changes.

Part 2 requires each local authority to publish a composite prospectus annually containing information relating to all maintained schools in the prospectus area (regulation 4). The information comprises: miscellaneous matters (detailed in Part 1 of Schedule 2), matters in relation to special educational provision made by the local authority (detailed in Part 2 of Schedule 2), and information relating to exceptional provision of education in schools or elsewhere made by the local authority (detailed in Part 2 of Schedule 2).

The composite prospectus must be published no later than 1 October each year or not later than 6 weeks before parents may express a preference for a school (i) by copies being made available to parents free of charge on request (ii) by copies being made available for reference by parents at the public libraries in the local authority’s area, and (iii) on the local authority’s website (regulation 5).

Part 3 requires certain information to be made available to local authorities by governing bodies.

Part 4 requires the governing bodies of maintained schools to publish a school prospectus.

Part 5 contains supplementary provisions relating to published documents including the requirement that, where necessary, information must be provided in translation in English or Welsh without charge.

(1)

1996 c. 56. Section 29(5) was amended by S.I. 2010/1158. Section 408 was amended by paragraph 30 of Schedule 7 and Schedule 8 to the Education Act 1997 (c. 44), paragraphs 57 and 106 of Schedule 30 and Schedule 31 to the School Standards and Framework Act 1998, and paragraph 57 of Schedule 9 to the Learning and Skills Act 2000 (c. 21), Schedule 21 of the Education Act 2002, Schedule 12 and Part 7 of Schedule 16 of the Apprenticeships, Skills, Children and Learning Act 2009 (c. 22) and by S.I. 2010/1158. Section 537 was amended by paragraph 37 of Schedule 7 to the Education Act 1997, paragraphs 57 and 152 of Schedule 30 to the School Standards and Framework Act 1998, and paragraph 60 of Schedule 9 to the Learning and Skills Act 2000 and by S.I. 2010/1158.

(2)

1998 c. 31. Section 92 was substituted by paragraph 7 of Schedule 4 to the Education Act 2002 (c. 32) and was further amended by paragraphs 53 and 65 of Part 2 of Schedule 1 to the Education and Skills Act 2008 (c. 25) and by S.I. 2010/1158. Sub-section (7) of section 138 of the School Standards and Framework Act 1998 was amended by paragraph 3(1) and (4) of Schedule 17 of the Education and Inspections Act 2006 (c. 40).

(3)

The functions of the Secretary of State in sections 29(5), 408, 537(1) to (8) and 569(4) and (5) of the Education Act 1996 and the power to make regulations in respect of Wales in section 138 of the School Standards and Framework Act 1998 were transferred to the National Assembly for Wales by the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672) and then to the Welsh Ministers by paragraph 30 of Schedule 11 to the Government of Wales Act 2006 (c. 32).

(4)

Section 89A was inserted by section 47(2) of the Education Act 2002. Sub-section (1) was amended by paragraphs 53 and 58(1) and (2) of Part 2 of Schedule 1 to the Education and Skills Act 2008.

(5)

Circular 9/2006.

(6)

The website for DEWi is www.dataexchangewales.org.uk.

(7)

1989 c. 41. Section 1 was amended by paragraph 19 of Schedule 5 to the Local Government Act 2000 (c. 22), by section 2(1) and (2) of the Children (Leaving Care) Act 2000 (c. 35) and by section 116(2) of the Adoption and Children Act 2002 (c. 38).

(8)

The information contained by the PLASC census is requested by the Welsh Ministers pursuant to powers contained in section 537A of the Education Act 1996 and the Education (Information about Individual Pupils) (Wales) Regulations 2007 (S.I. 2007/3562 (W.312)).

(9)

As amended by S.I. 2010/1158.

(10)

S.I. 2010/1954 (W.187).

(11)

As amended by S.I. 2010/1158.

(12)

Inserted by section 150 of the Education and Skills Act 2008 (c. 25) and amended by S.I. 2010/1158.

(13)

As amended by S.I. 2010/1158.

(14)

“Primary schools”, “middle schools” and “secondary schools” are defined in section 5 of the 1996 Act.

(15)

Admission authority is defined in section 88(1) of the 1998 Act.

(16)

As substituted by section 45 of the Trade Union Reform and Employment Rights Act 1973, and further amended by S.I. 2010/1158.

(17)

As amended by section 50 of, and paragraph 8 of Schedule 4 to, the Education Act 2002, sections 43(4) and 51(1) of the Education and Inspections Act 2006 (c. 40), section 152 of, and paragraphs 53 and 66 of Part 2 of Schedule 1 and by Schedule 2 to, the Education and Skills Act 2008 and by S.I. 2010/1158.

(18)

See section 20 of the 1998 Act.

(19)

As amended by paragraphs 122(a) and (b) of Schedule 30 and by Schedule 31 to the School Standards and Framework Act 1998, section 200 of the Education Act 2002, paragraph 16(1) and (2) of Schedule 3 to the Welfare Reform Act 2007 (c. 5) and by S.I. 2010/1158.

(20)

As amended by sections 47(2) and (3), and 57(4) of, and Schedule 8 to, the Education Act 1996 and by S.I. 2010/1158.

(21)

“Grammar school” is defined by section 104(7) of the 1998 Act.

(22)

As amended by paragraph 77(a) and (b) to Schedule 30 to the School Standards and Framework Act 1998, section 9 of the Special Educational Needs and Disability Act 2001 (c. 10) and by S.I. 2010/1151.

(23)

S.I. 1999/1442 as amended by S.I. 2010/1142.

(24)

As amended by paragraph 107(b), (c) and (d) of Schedule 30 to the School Standards and Framework Act 1998, Schedule 21 and by paragraph 47 of Part 3 of Schedule 22 to the Education Act 2002, section 223(1)(b) of, and Part 7 of Schedule 16 to, the Apprenticeships, Skills, Children and Learning Act 2009 and by S.I. 2010/1152.

(25)

As amended by section 55 of the Education and Inspections Act 2006, paragraph 105 of Schedule 2 to the Education Act 2002 and by S.I. 2010/1158.

(26)

As amended by paragraph 97(2), (3) and (4) of Schedule 30 to the School Standards and Framework Act 1998, paragraph 9(1) and (2) of Schedule 3 to the Education and Inspections Act 2006, and by S.I. 2010/1158.

(27)

To which there are amendments which do not apply to Wales.