The Education (Grant-maintained Special Schools) (Initial Governing Instruments) Regulations 1994

• (1) The Governing Body shall prepare, once in every school year, a report (“the governors' report”) containing—

• (a) a summary of the steps taken by the Governing Body in the discharge of their functions during the period since their last report; and

• (b) the information referred to in paragraph (2) below.

• (2) Subject to paragraph (6) below, the governors' report shall—

• (a) be as brief as is reasonably consistent with the requirements as to its contents;

• (b) give details of the date, time and place for the next annual parents' meeting and its agenda;

• (c) indicate that the purpose of that meeting will be to discuss both the governors' report and the discharge by the Governing Body and the Head Teacher of their functions in relation to the School;

• (d) report on the consideration which has been given to any resolutions passed at the previous such meeting;

• (e) give the name of each governor and indicate what category of governorship he holds;

• (f) give, in relation to each governor other than the Head Teacher, the date on which his term of office comes to an end;

• (g) name, and give the address of, the chairman of the Governing Body and the Clerk of the Governing Body;

• (h) where the School is not established in a hospital, give such information as is available to the Governing Body about arrangements for the next election of parent governors;

• (i) give such information in relation to public examinations as is required to be published in accordance with regulations made under section 153(1) of the 1993 Act;[^f00022]

• (j) describe what steps have been taken by the Governing Body to develop or strengthen the School’s links with the community (including links with the police);

• (k) give particulars of the dates of the beginning and end of each school term and of each holiday for the school year immediately following the school year in which the report has been prepared; and

• (l) provide a summary of any changes to the information contained in the school prospectus since it was last published.

• (3) The Governing Body may produce their report in such language or languages (in addition to English) as they consider appropriate.

• (4) The Governing Body shall take such steps as are reasonably practicable to secure that—

• (a) the registered parents of all registered pupils at the school and all persons employed at the School are given (free of charge) a copy of the governors' report;

• (b) copies of the report are available for inspection (at all reasonable times and free of charge) at the School; and

• (c) subject to paragraph (6) below, copies of the report are given to parents in accordance with sub-paragraph (a) above not less than two weeks before the annual parents' meeting at which that report is to be considered.

• (5) There shall be annexed to any copy of the governors' report made available for inspection in accordance with paragraph (4)(b) above the audited accounts of the School for the financial year ending with 31st March in the school year immediately preceding the school year in which the report is prepared.

• (6) The requirements imposed by paragraph (2)(b) to (d) and paragraph (4)(c) above shall not apply where in accordance with Article 12(10) or (11) the Governing Body have determined to refrain from holding the next annual parents' meeting.

• (7) The Governing Body shall furnish the Secretary of State with a copy of any governors' report produced by them.

• (8) In paragraph (5) above, “financial year” means a period of twelve months ending with 31st March.

Annual parents' meeting

12

• (1) Subject to paragraphs (10) and (11) below, the Governing Body shall hold a meeting once in every school year (“the annual parents' meeting”) which is open to—

• (a) all parents of registered pupils at the School; and

• (b) such other persons as the Governing Body may invite.

• (2) The purpose of the meeting shall be to provide an opportunity for the discussion of—

• (a) the governors' report;

• (b) the audited accounts annexed to that report in accordance with Article 11(5); and

• (c) the discharge by the Governing Body and the Head Teacher of their functions in relation to the School.

• (3) The proceedings at any annual parents' meeting shall be under the control of the Governing Body.

• (4) No person who is not a parent of a registered pupil may vote on any question put to such a meeting.

• (5) Where the required number of parents of registered pupils at the School are present at any annual parents' meeting, the meeting may pass (by simple majority) resolutions on any matters which may properly be discussed at the meeting.

• (6) The Governing Body shall—

• (a) consider any such resolution which is duly passed at such a meeting and which they consider is a matter for them; and

• (b) send to the Head Teacher a copy of any such resolution which they consider is a matter for him.

• (7) The Governing Body shall comment (in writing) on any such resolution which they consider is a matter for them, for inclusion in their next governors' report.

• (8) The Head Teacher shall consider any such resolution a copy of which has been sent to him by the Governing Body and shall provide the Governing Body with a brief comment on it (in writing) for inclusion in their next governors' report.

• (9) For the purposes of this Article, any question whether a person is a parent of a registered pupil at the School shall be determined by the Governing Body.

• (10) Where the School is established in a hospital, and the Governing Body are of the opinion that it would be impracticable to hold an annual parents' meeting in a particular school year, they may refrain from holding such a meeting in that year.

• (11) Where the School is not established in a hospital and—

• (a) the Governing Body are of the opinion that it would be impracticable to hold an annual parents' meeting in a particular school year;

• (b) at least fifty per cent of the registered pupils at the School are boarders at the time when the Governing Body form that opinion; and

• (c) an annual parents' meeting was held by the Governing Body in the immediately preceding school year,

they may refrain from holding such a meeting.

• (12) In paragraph (5) above, “the required number” means any number equal to at least twenty per cent of the number of registered pupils at the School.

Terms, holidays and sessions

13

It shall be the duty of the Governing Body to determine—

• (a) the dates at which the school terms and holidays are to begin and end; and

• (b) the times at which the school session or, if there is more than one session, each school session is to begin and end on any day.

School premises

14

• (1) Where the School is established in a hospital, the provisions of this Article shall have effect only to the extent to which the Governing Body are entitled to occupy the premises of the School.

• (2) Subject to the following provisions of this Article, the use of the premises of the School shall be under the control of the Governing Body.

• (3) The Governing Body, in exercising control of the use of the premises of the School, shall have regard to the desirability of the premises being made available for community use.

• (4) Subject to paragraph (5) below, the Governing Body shall have power to enter into a transfer of control agreement with any body or person if their purpose, or one of their purposes, in doing so is to promote community use of the whole or any part of the premises of the School; and

• (a) they may do so notwithstanding that any trust deed relating to the School would, apart from this provision, expressly or impliedly preclude them from entering into such an agreement with that body or person or from conferring control on the controlling body in question; but

• (b) they shall not enter into a transfer of control agreement unless the use to which the premises may be put under the agreement is in all other respects in conformity with any such requirements, prohibitions or restrictions imposed by the trust deed as would obtain if control were being exercised by the Governing Body.

• (5) The Governing Body shall not enter into any transfer of control agreement which makes or includes provision for the use of the whole or any part of the premises of the School during school hours unless they have first obtained the appropriate authority’s consent to the agreement in so far as it makes such provision.

• (6) In paragraph (5) above, the reference to the appropriate authority is—

• (a) where an order has been made under section 12(1) of the 1993 Act (transfer to the funding authority of responsibility for providing sufficient school places) in respect of the area of the local education authority in which the School is situated, to the funding authority; or

• (b) in any other case, to the Secretary of State.

• (7) A transfer of control agreement shall be taken to include the following terms, namely—

• (a) that the controlling body, in exercising control of the use of any premises subject to the agreement shall have regard to the desirability of the premises being made available for community use; and

• (b) that, if reasonable notice is given in writing by the Governing Body to the controlling body that such of the premises subject to the agreement as may be specified in the notice are reasonably required for the use by or in connection with the School at such times as may be so specified, then—

• (i) the use of the specified premises at those times shall be under the control of the Governing Body; and

• (ii) accordingly, those premises may be used at those times by or in connection with the School for such purposes as may be specified in the notice,

notwithstanding that their use at those times would, apart from this sub-paragraph, be under the control of the controlling body.

• (8) Where a transfer of control agreement makes provision for the use of any premises which are subject to the agreement to be occasionally under the control of the Governing Body, instead of the controlling body, in such circumstances, at such time or for such purposes as may be provided by or under the agreement, paragraph (7) (b) above shall not have effect in relation to that agreement if, at the time of entering into it, the Governing Body were of the opinion that the express provision would be more favourable to the interests of the School than the term that would otherwise be included by virtue of that provision.

• (9) Where any trust deed relating to the School provides for any person other than the Governing Body to be entitled to control the use of the premises of the School to any extent, then, if and to the extent that, disregarding any transfer of control agreement, the use of those premises is or would be under the control of such a person, this Article shall have effect with the substitution for references to the Governing Body of references to that person.

• (10) Where, in accordance with section 38 of the 1993 Act[^f00023] the rights and liabilities of the former governing body of the School under a transfer of control agreement relating to the whole or any part of the premises of the School are transferred to the Governing Body, the power of the Governing Body to control the use of those premises shall be subject to the terms of that agreement.

• (11) Where in an agreement made under paragraph 1 or 2 of Schedule 10 to the 1988 Act, or under a determination made in accordance with paragraphs 62 to 64 of Schedule 8 to the Further and Higher Education Act 1992[^f00024] arrangements are made with respect to the use of the whole or any part of the premises of the School, the power of the Governing Body to control the use of those premises shall be subject to the terms of those arrangements.

• (12) In this Article—

• “community use” means the use of the premises of the School (when not required by or in connection with the School) by members of the local community;

• “the controlling body” means the body or person (other than the Governing Body) which has the control of the use of the whole or any part of the premises of the School under the transfer of control agreement in question;

• “school hours” means any time during a school session or during a break between sessions on the same day, and “outside school hours” shall be construed accordingly; and

• “school session” means a school session beginning and ending at such times as may from time to time be determined in accordance with Article 13.

• (13) In this Article, “transfer of control agreement” means—

• (a) in paragraph (10) above, a transfer of control agreement entered into in accordance with section 42 of the Education (No. 2) Act 1986[^f00025]; or

• (b) in any other case, an agreement which, subject to paragraph (7) above, provides for the use of so much of the premises of the School as may be specified in the agreement to be under the control, at such times as may be so specified, of such body or person as may be so specified.

Appointment of the head teacher and deputy head teacher

15

• (1) This Article applies in relation to the appointment of any person to fill a vacancy in the post of head teacher or deputy head teacher of the School.

• (2) Before appointing any person as head teacher or deputy head teacher, the Governing Body shall advertise the vacancy in such publications circulating throughout England and Wales as they consider appropriate.

• (3) The Governing Body shall appoint a selection panel consisting of at least three of their members to perform the functions conferred on the panel under this Article.

• (4) The selection panel shall—

• (a) interview such applicants for the post as they think fit; and

• (b) where they consider that it is appropriate to do so, recommend to the Governing Body for appointment one of the applicants interviewed by them.

• (5) If the selection panel are unable to agree on a person to recommend to the Governing Body, or the Governing Body do not approve their recommendation, the Governing Body—

• (a) may, if they think fit, re-advertise the vacancy in the manner required by paragraph (2) above; and

• (b) whether or not they re-advertise the vacancy, may require the panel to repeat the steps mentioned in paragraph (4) above.

• (6) Where the post of head teacher has not been filled, or it appears to the Governing Body that the post will not be filled, by an appointment made in accordance with the preceding provisions of this Article before the date on which the post falls vacant, the Governing Body shall, pending the making of such an appointment, appoint a person as acting head teacher.

• (7) Where the post of deputy head teacher has not been filled, or it appears to the Governing Body that the post will not be filled, by an appointment made in accordance with the preceding provisions of this Article before the date on which the post falls vacant, the Governing Body may, pending the making of such an appointment, appoint a person as acting deputy head teacher.

• (8) Any person employed to work at the School in accordance with this Article shall be employed under a written contract of employment.

Appointment of staff other than the head teacher and deputy head teacher

16

• (1) This paragraph applies in relation to the appointment of persons to work at the School (other than the head teacher and the deputy head teacher).

• (2) Subject to the following provisions of this Article, the Governing Body may appoint such persons to work at the School as they think fit.

• (3) The Governing Body may delegate the function of selecting a person to fill a post at the School to one or more governors (including the Head Teacher).

• (4) Except where in accordance with paragraph (3) above the Governing Body delegate a person’s selection to the Head Teacher, the persons making the selection shall consider any advice given by the Head Teacher before selecting any person to work at the School.

• (5) Subject to paragraph (6) below, where there is a vacancy in a teaching post at the School, the Governing Body shall, unless they decide to fill the vacancy by the appointment of a person who is already employed to work at the School, advertise the vacancy as they think fit.

• (6) Where the Governing Body advertise a vacancy in accordance with paragraph (5) above, they shall not be required to appoint a person who has applied for the vacancy in response to their advertisement.

• (7) Any person employed to work at the School in accordance with this Article shall be employed under a written contract of employment.

Staff: discipline

17

• (1) The Governing Body shall establish a committee to be known as the Staff Committee for the purpose of exercising the functions assigned to it by this Article and Articles 18 and 19.

• (2) Subject to paragraphs (3) and (4) below and Articles 18 and 19, the Staff Committee shall have control of all matters relating to the conduct and discipline of persons employed to work at the School.

• (3) The Governing Body shall establish disciplinary rules and procedures in relation to the persons employed to work at the School and shall take such steps as appear to them to be appropriate for making them known to such persons.

• (4) The Staff Committee shall consult the Head Teacher before taking any disciplinary action in relation to a person employed to work at the School.

• (5) For the purposes of paragraph (4) above, “disciplinary action” includes any action relating to the suspension or dismissal of any person employed to work at the School.

Staff: suspension

18

• (1) Subject to paragraph (2) below, the Staff Committee and the Head Teacher shall both have power to suspend any person employed to work at the School where, in the opinion of the Staff Committee or the Head Teacher, as the case may be, his exclusion from the School is required.

• (2) Where the Head Teacher suspends any person in accordance with paragraph (1) above, he shall immediately inform the Staff Committee of that fact and the reasons for his decision.

• (3) Any suspension under this Article may be ended only by the Staff Committee; and the Staff Committee shall, on ending such a suspension, immediately inform the Head Teacher.

• (4) In these Articles, “suspend” means suspend without loss of emoluments.

Staff: dismissal

19

• (1) The Staff Committee shall have power to determine that any person employed to work at the School should be dismissed.

• (2) Where the Staff Committee are to consider the dismissal of any person employed to work at the School, they shall secure that, before reaching a decision on whether to dismiss the person concerned—

• (a) he is given at least seven days' written notice of the meeting at which his dismissal is to be considered;

• (b) he is informed at the same time of his right to make representations (including oral representations) to the Staff Committee to be considered by them at that meeting; and

• (c) they have regard to any representations made by him.

• (3) The Head Teacher shall be entitled to attend any such meeting as is referred to in paragraph (2) above; and, except where it concerns his dismissal, the Staff Committee shall have regard to any advice given by the Head Teacher before reaching their decision.

• (4) The Governing Body shall make arrangements for enabling any person employed to work at the School to appeal against a decision of the Staff Committee to dismiss him.

• (5) Any appeal by virtue of this Article shall be to an appeal committee constituted in accordance with the provisions of the instrument of government for the Governing Body; and the Appendix to these Articles shall have effect in relation to any such appeal.

• (6) The decision of an appeal committee under this Article on any such appeal shall be binding on the persons concerned.

• (7) Where in accordance with the preceding provisions of this Article it is determined by the Staff Committee that any person employed to work at the School should be dismissed, the Governing Body shall either give that person such notice terminating his contract of employment with them as is required under that contract or terminate that contract without notice if the circumstances are such that they are entitled to do so by reason of his conduct.

• (8) For the purposes of paragraph (7) above, any determination made by the Staff Committee in accordance with the preceding provisions of this Article shall not have effect until—

• (a) where an appeal is made against the decision of the Staff Committee, that appeal has been determined; or

• (b) in any other case, the period for making such an appeal has expired,

and in any case to which paragraph (a) above applies, any such determination shall not thereafter have effect where the appeal is successful.

• (9) This Article shall not apply in relation to the dismissal of the Clerk to the Governing Body.

Staff: grievance procedures

20

The Governing Body shall establish procedures for giving members of the staff at the School opportunities for seeking redress of any grievances relating to their employment.

Staff: induction and training of teaching staff

21

It shall be the duty of the Governing Body to make arrangements with respect to—

• (a) the induction of newly qualified teachers at the School; and

• (b) the in-service training and professional development of teachers at the School.

Duty to make available copies of the instrument and articles of government

22

The Governing Body shall secure that copies of these Articles and the instrument of government applying to the School are made available for inspection at the School (at all reasonable times and free of charge) by any parent of a registered pupil or person employed to work at the School.

Signed

Eric Forth — Minister of State, — Department for Education — 3rd August 1994

John Redwood — Secretary of State for Wales — 6th August 1994

Explanatory note

(This note is not part of the Regulations)

These Regulations prescribe the initial instrument and articles of government for grant-maintained special schools.

The initial instrument of government is set out in Schedule 1 to the Regulations (regulation 2). Paragraph 2 of the initial instrument of government requires the governing body to include first governors. Paragraph 3 includes provision for the Secretary of State to replace first governors, and to make provision with respect to the filling of vacancies in such governorships. Paragraphs 5 and 6 respectively require the governing body to include parent and teacher governors, and make provision as to their election and, in the case of parent governors, appointment. Paragraph 9 provides for the head teacher to be a governor ex officio. Provisions are also included in the initial instrument of government with respect to governors' tenure of office (paragraphs 11 to 13), their removal and resignation from office (paragraph 14), and the circumstances in which a person is to be disqualified for holding or for continuing to hold office as governor (paragraphs 15 to 18).

The initial instrument of government includes provisions for the appointment of a chairman and vice-chairman of the governing body and a clerk to the governing body (paragraphs 19 to 21). It also makes provisions with respect to the meetings and proceedings of the governing body (paragraphs 22 to 29). Provisions are included with respect to the delegation of functions by the governing body (paragraphs 33 to 35), and the establishment of committees for the purpose of exercising delegated functions (paragraphs 30 to 32 and Appendix 2). The initial instrument of government also makes provision for the constitution of appeal committees (paragraphs 36 and 37 and Appendix 3).

The initial articles of government for grant-maintained special schools are set out in Schedule 2 to the Regulations (regulation 3).

The initial articles of government include provisions dealing with the general responsibilities of the governing body and head teacher with respect to the conduct of the school (Article 2). It also makes provision with respect to the curriculum at the school, including provision for dealing with complaints concerning the curriculum (Articles 3 and 4). The initial articles of government include provisions with respect to admissions to the school (Article 5), and the exclusion of pupils (Articles 7 and 8). The initial articles of government also provide for the establishment of appeal committees to hear appeals against decisions permanently to exclude pupils (Article 9 and the Appendix).

The initial articles of government include provisions requiring the governing body to prepare an annual report (Article 11), and to hold an annual parents' meeting (Article 12). The initial articles of government also include provisions with respect to the use of school premises (Article 14), and provisions concerning the appointment and dismissal of staff (Articles 15 to 19).

The Regulations provide for certain provisions of the initial articles of government to have effect, where the school was established in pursuance of proposals under section 183(3)(a) of the Education Act 1993, from the date of incorporation of the governing body (regulation 4). These include the provisions relating to the curriculum at the school, admissions and the appointment and dismissal of staff. Otherwise, by virtue of paragraph 2(3) of Schedule 11 to the Education Act 1993, the initial articles of government have effect from the implementation date of the proposals under which the school became, or was established as, a grant-maintained special school.

Footnotes

[^f00001]: 1992 c. 53; paragraph 15(c) of Schedule 1 was amended by paragraph 174 of Schedule 19 to the Education Act 1993.

[^f00002]: 1993 c. 35; for the definitions of “prescribed” and “regulations” see section 305(1).

[^f00003]: 1986 c. 61.

[^f00004]: 1988 c. 40.

[^f00005]: S.I. 1994/653, amended by S.I. 1994/1231.

[^f00006]: 1994 c. 31; section 80 was amended by paragraph 5 of Schedule 12 to the Education Reform Act 1988 (c. 40).

[^f00007]: 1989 c. 41, section 3.

[^f00008]: S.I. 1994/2003. Regulation 2(2)(e) modifies paragraph 5 of Schedule 11 to the Education Act 1993 (c. 35), in relation to persons holding office as parent governors before the date of implementation of proposals for the establishment of a new grant-maintained special school, by inserting in that paragraph new provisions (sub-paragraphs (9) and (10)) relating to the appointment of parent governors before the implementation date of the proposals.

[^f00009]: Regulation 3(2)(d) modifies paragraph 6 of Schedule 11 to the Education Act 1993 (c. 35), in relation to persons holding office as teacher governors before the date of implementation of proposals for the establishment of a new grant-maintained special school, by inserting in that paragraph new provisions (sub-paragraphs (8) and (9)) relating to the appointment of teacher governors before the implementation date of the proposals.

[^f00010]: 1982 c. 30; section 40 was amended by paragraphs 29 and 90 of Schedule 12 to the Education Reform Act 1988 (c. 40).

[^f00011]: 1986 c. 60.

[^f00012]: 1988 c. 40.

[^f00013]: 1993 c. 35.

[^f00014]: 1944 c. 31; section 80 was amended by paragraph 5 of Schedule 12 to the Education Reform Act 1988 (c. 40).

[^f00015]: 1986 c. 61.

[^f00016]: 1989 c. 41, section 3.

[^f00017]: 1980 c. 20.

[^f00018]: The current regulations are the Education (Areas to which Pupils and Students Belong) Regulations 1989 (S.I. 1989/2037, amended by 1990/361 and 1990/1653).

[^f00019]: 1975 c. 65; sections 22 and 25 were amended by paragraphs 15 and 16 of Schedule 12 to the Education Reform Act 1988 (c. 40) respectively, and are applied in relation to grant-maintained special schools by regulation 42(1) of, and Part I of the Schedule to, the Education (Grant-maintained Special Schools) Regulations 1994 (S.I. 1994/653).

[^f00020]: 1976 c. 74; sections 17 and 19 were amended by paragraphs 18 and 19 of Schedule 12 to the Education Reform Act 1988 (c. 40) respectively, and are applied in relation to grant-maintained special schools by regulation 42(1) of, and Part I of the Schedule to, the Education (Grant-maintained Special Schools) Regulations 1994 (S.I. 1994/653).

[^f00021]: Provisions of Chapter of I Part I of the Education Reform Act 1988 (c. 42) are applied in relation to grant-maintained special schools by regulation 42(1) of, and Part I of the Schedule to, the Education (Grant-maintained Special Schools) Regulations 1994 (S.I. 1994/653).

[^f00022]: See the Education (Special Educational Needs) (Information) Regulations 1994 (S.I. 1994/1048).

[^f00023]: By virtue of regulation 9 of the Education (Grant-maintained Special Schools) Regulations 1994 (S.I. 1994/653), section 38 of the 1993 Act applies in relation to any school in respect of which proposals to become a grant-maintained special school have been approved as it applies in relation to any school in respect of which proposals for the acquisition of grant-maintained status are approved.

[^f00024]: 1992 c. 13; see also paragraph 61 of Schedule 8 which substitutes paragraphs 62 to 64 of Schedule 8 for paragraph 3 of Schedule 10 to the Education Reform Act 1988 (c. 40). Paragraph 61 of Schedule 8 is amended by section 47(6) of the Education Act 1993 (c. 35).

[^f00025]: 1986 c. 61; section 42 was substituted by paragraph 5 of Schedule 13 to the Education Act 1993 (c. 35).