New DfE guidance: the Independent School Standards

Independent schools are required to meet the standards set out in the Education (Independent School Standards) Regulations 2014 (“the standards”). Independent schools are inspected against these standards by their relevant inspectorate (ISI or Ofsted).

The Department for Education (“DfE”) has recently produced guidance expanding upon each of the standards and setting out its interpretation of them.

There are eight topics covered in the standards. Previously, there was only DfE guidance about two of these topics (the spiritual, moral and cultural development of pupils, and the premises of schools). This new guidance document covers all eight topics.

It is advisable to ensure your school meets the DfE’s interpretation of the standards, as set out in the new guidance.

The guidance is available here.

Is it compulsory?

Although the guidance is non-statutory (so schools are not legally obliged to follow it), the guidance says that inspectors will take it into account when reporting on the extent to which an independent school is meeting the standards. Indeed, ISI has said that key messages will be incorporated into its documentation for Inspectors in time for the next academic year.

The government indicated in its consultation about the proposed guidance that it is likely to be taken into account in the hearing of appeals to the First-Tier Tribunal against de-registration or the imposition of relevant restrictions.

The guidance says that the Secretary of State has signalled that he will be taking a firmer approach to enforce the standards when there is evidence of non-compliance. This is reflected in the DfE’s new policy statement on regulatory and enforcement action (we have provided a separate article outlining this policy statement).

It is therefore advisable for an independent school to ensure that it meets the points set out in the new guidance.

Summary of the guidance

Due to the length and level of detail in the guidance, we suggest that independent schools review it to consider how it fits with your own policies and practices.

As an overview, the guidance covers:

Quality of education

The guidance expands upon the required curriculum policy, plans and schemes of work; provides information about the delivery of careers guidance; refers to schools’ duties under the Equality Act 2010 including what schools teach pupils and the way that some schools segregate pupils by sex; notes that inspectors will examine school libraries and books; and that a school should be able to explain to inspectors how it uses filters for pupils’ access to online resources.

Spiritual, moral, social and cultural development of pupils

This supersedes previously published DfE guidance. It suggests having a clear strategy for embedding the fundamental British values; gives examples of the knowledge that may be expected of pupils; provides examples of different actions schools could take; details topics that should be taught; and discusses the involvement of speakers.

Welfare, health and safety of pupils

This considers the use and content of various school policies; the importance of keeping children safe in education (“KCSIE”) and other relevant guidance; and a school’s approach to risk including examples of matters for which schools have sometimes failed to consider risk adequately.

Suitability of staff, supply staff and proprietors

This states the requirements for checks on members of staff, supply staff and proprietors; the information on the single central register; and a note about barring by association.

Premises of, and accommodation at, schools

This is not covered in significant detail (as there is already separate departmental advice on premises requirements) but some key points are noted.

Provision of information

This sets out what information must be provided or made available to parents of pupils, parents of prospective pupils and to other people / agencies.

Manner in which complaints are to be handled

This sets out some additional points to note regarding complaints, including to whom the complaints policy should apply; the fact that parents do not have the right to legal representation; and arrangements for a panel hearing.

Quality of leadership in and management of schools

This indicates that if any other standard is not met, then this is evidence pointing to the leadership and management standard not being met. If the standards are not met, and if a notice is served on the proprietor requiring an action plan, the guidance includes examples of what steps a proprietor might propose to take to improve leadership and management. It clarifies that this relates to anyone with leadership or management responsibilities at a school (regardless of the title of their position) so can include governing bodies, employees etc.

Next steps

The guidance considers each standard in turn. It is advisable for independent schools to read this guidance and check that their school would meet the various standards, particularly as the guidance emphasises that the standards should be met continually and not just when an inspection takes place.