January 11th 2012: The DfE issued a revised list of statutory policies, which can be downloaded from their website as an ever-evolving official pdf here or as a C2G editable Word doc here: Statutory policies 2012 (Last updated Jan 17th 2012 – Check against official list for specified content)
Access a C2G Policy Review document here: Policy Review Timetable 2012 (Content as current on 17th Jan 2012)
THE POLICIES AND OTHER DOCUMENTS THAT GOVERNING BODIES AND PROPRIETORS ARE REQUIRED TO HAVE BY LAW
Governing bodies and proprietors of independent schools are required, as outlined below, to hold each of these documents. However, the drafting of school policies can be delegated to any member of school staff. Model policies are available from a variety of sources and schools are free to adopt these as they see fit. There is no requirement for all policies to be reviewed annually. We have outlined below how often each policy must be reviewed, where this is prescribed in regulations. (C2G note: This prescription applies to only a very few policies, such as performance management, teachers’ pay, data protection, admissions, and accessibility, and publication of equality information. Most policies can be reviewed at the Governing Body’s own discretion )
Academies and Free Schools have greater freedoms than maintained schools in relation to school policies and other documents. Where relevant, arrangements applying to these schools are outlined in legislation or in their funding agreements, which may vary between individual Academies and Free Schools.
As part of the Department’s ongoing commitment to reducing bureaucracy for schools, we will continue to review these requirements and look to simplify the legal obligations wherever possible.
- From September 2012, subject to parliamentary procedure, maintained schools will no longer be required to have in place a Curriculum policy or a Prospectus.
(C2G update 16th Jan 2012: The Myths & Facts page from DfE gives more information on this:
“Myth: Schools must produce an annual prospectus and a curriculum policy.
Fact: Following the Government’s commitment to review and simplify regulatory burdens, it is intended that existing Regulations will be amended so that maintained schools will no longer be required to produce an annual prospectus or have a curriculum policy, to avoid duplication of effort and unnecessary cost. Instead, maintained schools, Academies and Free Schools will be required to publish specified information online, so that parents have the information they need to make informed decisions about their child’s education. As the changes will take effect from September 2012, maintained schools will no longer have to produce a 2012 prospectus unless they wish to.”) -
Update Jan 17th 2012: See the DfE note at the foot of the list of statutory policies: “There may be instances where statutory guidance states that policies and procedures should be in place. In cases where governing bodies have an obligation to have regard to this guidance, these policies and procedures should be in place unless it can be demonstrated that there is a good reason not to have them. An example of this is the Government’s statutory guidance Safeguarding Children and Safer Recruitment in Education. (NB the C2G link is to DfES 2006 document) This states that governing bodies should ensure that the school has a child protection policy and procedures in place that are in accordance with local authority guidance and local agreed inter-agency procedures, and the policy is made available to parents on request. The expectation is that these policies and procedures will be in place and made available to parents.”
Key:
ACAD Academies
FS Free Schools (including University Technical Colleges and Studio Schools)
MS Maintained Schools
SFC Sixth Form Colleges
FE Further Education Colleges with 16-19 provision
PRUs Pupil Referral Units
IS Independent Schools (not state funded)
IP All Interested Parties
NMSS Non Maintained Special Schools
A. Statutory policies required by education legislation
Charging and remissions policies
Applies to: ACAD FS MS
Review frequency: Governing body free to determine
Legislation: Maintained schools – Education Act 1996, section 457
Education (School Sessions and Charges and Remissions Policies) (Information) (England) Regulations 1999. http://www.legislation.gov.uk/uksi/1999/2255/contents/made
Performance management policy
Applies to: MS
Review frequency: Annually
Legislation: The Education (School Teacher Performance Management) (England) Regulations 2006. http://www.legislation.gov.uk/uksi/2006/2661/contents/made
School behaviour policy
Applies to: MS PRUs NMSS
Review frequency: Governing body free to determine
Legislation: Education and Inspection Act 2006: Sections 88 and 89. http://www.legislation.gov.uk/ukpga/2006/40/contents#pt7-ch1-pb1-l1g88
Sex education policy
Applies to: ACAD FS MS
Review frequency: Governing body free to determine
Legislation: Maintained Schools – The Education Act 1996: Section 404 http://www.legislation.gov.uk/ukpga/1996/56/section/404
Academies and Free Schools – Funding Agreement requires these schools to have regard to DfE guidance on Sex and Relationship Education. https://www.education.gov.uk/publications/standard/publicationDetail/Page1/DfES%200116%202000
Special Educational Needs policy
Applies to: ACAD FS MS
Review frequency: Governing body free to determine
Legislation: Maintained schools – The Education (Special Educational Needs) (Information) Regulations 1999: SI 1999/2506 http://www.legislation.gov.uk/uksi/1999/2506/contents/made
The Special Educational Needs Code of Practice 2001: DfES 581/2001.
Academies and Free Schools – Section 1(8) of the Academies Act 2010. https://www.education.gov.uk/publications/standard/publicationDetail/Page1/DfES%200581%202001
Teachers’ pay policy
Applies to: MS
Review frequency: Annually
Legislation: Paragraph 3.1(a) of the 2011 STPCD (Section 2 – the statute) Paragraphs 11 to 19 of the Section 3 guidance which accompanies the STPCD, provides further guidance on this matter. https://www.education.gov.uk/publications/standard/AllPublications/Page1/DFE-00072-2011
B Statutory policies required by other legislation, which impact particularly on schools (including Academies and Free Schools)
Data protection policy
Applies to: ACAD FS MS SFC PRUs IS NMSS
Review frequency: At least every two years
Legislation: The Data Protection Act 1998: (with consideration to the eight data protection principles appearing in Schedule 1). http://www.legislation.gov.uk/ukpga/1998/29/contents
Health and Safety policy
Applies to: ACAD FS MS IS (Applies to Local Authorities on behalf of maintained schools)
Review frequency: Governing body/proprietor or Local Authority free to determine
Legislation: The Health and Safety at Work Act 1974: Sections 2(3), 3 and 4. http://www.legislation.gov.uk/ukpga/1974/37/section/3
Risk Assessments: The Management of Health and Safety at Work Regulations 1999: SI 1999/3242.The 1999 Regulations impose a duty on employers to produce a risk assessment. http://www.legislation.gov.uk/uksi/1999/3242/contents/made
C. Other statutory documents
Admissions arrangements
Applies to: ACAD FS MS (Applies to Voluntary Aided schools and Foundation schools directly and to Community and Voluntary Controlled schools, if the Local Authority formally delegates the responsibility.)
Review frequency: At least every seven years, even if there have been no changes during that period
Legislation: Sections 84 and 85 of the School Standards and Framework Act 1998 and the School Admissions Code. http://www.legislation.gov.uk/ukpga/1998/31/part/III/chapter/I
Accessibility plan
Applies to: ACAD FS MS SFC PRUs IS NMSS
Review frequency: Every three years
Legislation: Equality Act 2010: Schedule 10, Paragraph 3. http://www.legislation.gov.uk/ukpga/2010/15/schedule/10
Central record of recruitment and vetting checks
Applies to: ACAD FS MS SFC PRUs IS NMSS
Review frequency: Live document covering staff currently employed
Legislation: Maintained schools – The School Staffing (England) Regulations 2009. Academies and Free Schools – Independent School Standards Regulations 2010 http://www.legislation.gov.uk/uksi/2009/2680/contents/made
Complaints procedure
Applies to: ACAD FS MS IS NMSS
Review frequency: Governing body or proprietor free to determine
Legislation: Maintained schools – The Education Act 2002: Section 29. Academies, Free Schools and Independent schools – The Education (Independent Schools Standards) Regulations 2010. Non-maintained Special Schools – The Education (Non-maintained Special Schools) Regulations 2011. http://www.legislation.gov.uk/ukpga/2002/32/section/29
Freedom of Information publication scheme
Applies to: ACAD FS MS
Review frequency: Governing body free to determine
Legislation: The Freedom of Information Act 2000: Section 19. http://www.legislation.gov.uk/ukpga/2000/36/contents
Governors’ allowances (schemes for paying)
Applies to: MS
Review frequency: Governing body free to determine
Legislation: The Education (Governors’ Allowances) (England) Regulations 2003: SI 2003/523. http://www.legislation.gov.uk/uksi/2003/523/contents/made
Home-school agreements
Applies to: ACAD FS MS
Review frequency: Governing body free to determine
Legislation: The School Standards and Framework Act 1998: Sections 110 and 111. ttp://www.legislation.gov.uk/ukpga/1998/31/part/IV/crossheading/homeschool-agreements
Instrument of government
Applies to: MS
Review frequency: Governing body free to determine
Legislation: The School Governance (Constitution) (England) Regulations 2007: SI 2007/957. http://www.legislation.gov.uk/uksi/2007/957/contents/made
Minutes of, and papers considered at, meetings of the governing body and its committees
Applies to: ACAD FS MS
Review frequency: N/A
Legislation: Maintained schools – The School Governance (Procedures) (England) Regulations 2003: SI 2003/1377. Academies and Free Schools – through Articles of Association. http://www.legislation.gov.uk/uksi/2003/1377/contents/made
Premises management
Applies to: ACAD FS MS SFC PRUs IS NMSS
There are many aspects of school premises that require safe management and maintenance such as asbestos, fire safety and statutory testing. For a comprehensive overview of the legislation and compliance requirements, please see Compliance Monitoring for Council Buildings: http://www.fedps.org.uk/compliance_monitoring.pdf which sets out the responsibilities for employers and duty holders. Independent schools, Academies and Free Schools have sole responsibility. For maintained schools, both Local Authorities and schools have responsibilities for the repair and maintenance of premises.
Review frequency: please see above link
Legislation: please see above link.
Publication of equality information and objectives (Public Sector Equality Duty)
Applies to: ACAD FS MS PRUs (Applies to Local Authorities on behalf of PRUs)
Review frequency: Every four years and publish information annually (see description below)
Legislation: The Equality Act 2010 and The Equality Act 2010 (Specific Duties) Regulations 2011. http://www.legislation.gov.uk/ukpga/2010/15/contents and http://www.legislation.gov.uk/uksi/2011/2260/contents/made
Under specific duties, governing bodies, local authorities and proprietors are required to draw up equality objectives every four years and annually publish information demonstrating how they are meeting the aims of the general public sector equality duty.
Register of business interests of head teachers and governors
Applies to: MS (Applies to Local Authorities on behalf of maintained schools)
Review frequency: Governing body free to determine
Legislation: The requirement that Local Authorities keep a register of any business interests of the governors and the head teachers is set out in regulation 26 read with paragraph 15 of Schedule 5 to the School Finance (England) Regulations 2011. LAs are required to have schemes for financing schools, and the content of these schemes must deal with the keeping of a register. http://www.legislation.gov.uk/uksi/2011/371/schedule/5/made
Register of pupils
Applies to: ACAD FS MS PRUs IS NMSS
Review frequency: Live document
Legislation: The Education (Pupil Registration) (England) Regulations 2006: SI 2006/1751 as amended by: 2010/1725; and 2011/1625. http://www.legislation.gov.uk/uksi/2006/1751/contents/made
Staff discipline, conduct and grievance (procedures for addressing)
Applies to: ACAD FS MS SFC PRUs IS NMSS (Applies to Local Authorities on behalf of PRUs)
Review frequency: Governing body free to determine
Education Legislation: Maintained schools – The School Staffing (England) Regulations 2009. All schools – through general employment legislation. http://www.legislation.gov.uk/uksi/2009/2680/contents/made
