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Education and Inspections Act 2006

A Short Guide to the Education and Inspections Act 2006
Produced by the Department for Education and Skills to inform the general reader about the provisions of the Education and Inspection Act 2006.
Overview
The Education and Inspections Act represents a major step forward in the Government’s aim to ensure that all children in all schools get the education they need to enable them to fulfil their potential.
Trust schools
Schools work best when they tailor their curriculum to meet their pupils’ needs and take responsibility for their own school improvement, working closely with other schools and external partners. The Act will empower schools by devolving as much decision-making to them as possible, while giving local authorities an enhanced strategic role as the champions of pupils and parents.
All schools will be able to become Trust schools by forming links with external partners. If the school chooses, those external partners will be able to appoint the majority of the governing body. We expect that many schools will acquire shared Trusts that can foster and deepen collaboration and help to deliver improved children’s services and a new offer for 14–19-year-olds.
Acquiring a Trust will give schools access to the freedoms enjoyed by other foundation schools:

  1. • owning their own assets;
  2. • employing their own staff (subject to the School Teachers Pay and Conditions Document)
  3. • setting their admission arrangements (subject to the law and a newly strengthened School Admissions Code).

Trusts will also be able to apply for additional flexibilities which can be used by all the schools with which they are associated.
There will be new safeguards around the acquisition of Trusts to ensure that they operate in the best interests of local children, contribute to raising standards at the school and promote community cohesion.
All schools, including Trust schools, will be given new duties to have regard to the views of parents and to the local Children and Young People’s Plan. Where Trusts appoint the majority of governors, they will also have to set up a Parent Council.
Trust schools will be inspected by Ofsted in the same way as other publicly funded schools.
Local Authorities
Local authorities will take on a new strategic role, with duties to promote:

  1. choice;
  2. diversity;
  3. high standards
  4. the fulfillment of every child’s educational potential.

They will respond to parental concerns about the quality of local schools and, in doing so, they will have new powers to intervene earlier where performance is poor.
The local authority, as the commissioner of school places, will be able to propose expansions to all categories of school, set the terms for school competitions and take all decisions relating to school organisation.
Fair Access
The Act places a duty on local authorities in England to promote fair access to educational opportunity and tightens the admissions framework to ensure this.
As well as reaffirming the ban on new selection by ability, the Act will:

  1. • outlaw interviewing;
  2. • create a new power for Admission Forums to produce an annual report and to refer objections to the Schools Adjudicator;
  3. • make the Adjudicator’s decisions binding for three years;
  4. • strengthen the status of the School Admissions Code.

The new Code will prohibit oversubscription criteria that seek to select by stealth (such as the use of supplementary application forms) and provide clear guidelines on uniform and transport policies that might undermine a fair admission system and disadvantage children from poorer families.
Fair access will also be supported by:

  1. • an extended duty on local authorities to provide free transport for the most disadvantaged families;
  2. • a new duty to provide advice and assistance to parents in expressing a preference for a school for their child.

Behaviour
Behaviour has long been a major concern for school staff and parents alike. The Act will give effect to some of the key recommendations of the recent Steer report.
It will create, for the first time, a clear statutory right for school staff to discipline pupils, putting an end to the “You can’t tell me what to do” culture.
t will extend the scope of parenting orders and contracts and will improve provision for excluded pupils, with parents taking responsibility for excluded pupils in the first five days of their exclusion.
Governing bodies and local authorities will be required to provide full-time alternative provision from the sixth day of an exclusion.


14–19 year-olds
The Act gives effect to the most important reforms of curriculum and qualifications since the introduction of the National Curriculum.
In the 14–19 White Paper, we set out our plans to transform opportunity for young people through changes to curriculum, qualifications and the organisation of education and training. This is to enable every young person to pursue a course of study that prepares them for success in life.
Central to this is the introduction of 14 new specialised Diplomas. The Act makes access to Diplomas an entitlement for every young person everywhere.
In order to deliver the entitlement to young people aged 14–16, schools will need to work with each other and with colleges and other providers. The Act also empowers them to enter into formal collaboration with Further Education colleges.
School Food
The Act will revolutionise the provision of school meals. It establishes the power to create tough new nutritional standards for food and drink served in maintained schools, to ensure that all children have access throughout the day to good quality food and drink.
Youth
The Act will give local authorities responsibility for making sure young people have a range of exciting and positive things to do in their spare time, as promised in the recent Youth Green Paper, Youth Matters.
This will increase their access to new opportunities and new experiences, and empower them to shape the services they receive.
Inspectorate Reform
Finally, the Act will merge several existing inspectorates to bring all learning issues within one body. It will cover the full range of services for children and young people, as well as for lifelong learning.


 


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