School measures - Independent education setting and safeguarding: Due diligence and standard setting
Proprietors of independent schools are required to ensure that they meet the Independent School Standards Regulations (“ISSRs”) at all times. This measure, among other changes, enables the Secretary of State to set standards which can introduce a new “fit and proper person test”. This can supplement the existing due diligence measures which are already taken before a proprietor is approved, or otherwise, for the running of an independent school.
Under section 94 of the Education and Skills Act 2008 (“the 2008 Act”), the Secretary of State is required to make standards. These are the ISSRs that proprietors of independent educational institutions are required to comply with and if they do not, then they face the possibility of regulatory or enforcement action. This measure introduces new powers relating to the suitability of proprietors of independent educational institutions.
In particular, new standards may be made which will require that an individual proprietor, or an individual with control or legal responsibility for a proprietary body must be a person who is, in the opinion of the Secretary of State, a fit and proper person to be involved in the running of an independent educational institution. This proposal addresses an identified gap in the current regulatory regime. At present the Secretary of State is required to make specified ‘due diligence’ checks on prospective proprietors. Broadly speaking this consists of identity checks, DBS checks and Section 128 checks. These checks are narrow in scope and in some cases allow individuals who may not be suitable to become a proprietor. For example, this may include individuals who have engaged in serious financial misconduct. The change will allow the Secretary of State to make judgements about who is fit and proper, aside from mandatory criteria already set out in the standards.
The above analysis relates to Children’s Wellbeing and Schools Bill which has not yet become law and may be subject to change as it passes through Parliament. We will be posting updates to this page if there are any key developments but the above may not reflect the latest changes to the legislation. Please contact our School Support (schoolsupport@wslaw.co.uk) or Schools HR (schoolshr@wslaw.co.uk) teams if you require an update on the latest status of the Bill.