(b) ensures that every registered pupil who is provided with secondary education at the school is provided with relationships and sex education, except in so far as the pupil is excused as mentioned in sub-paragraph (2),

(d) in making arrangements for the purposes of paragraphs (a), (b) or (c), has regard to any guidance under section 80A of the Education Act 2002 that applies in relation to the provision of education by maintained schools,

(e) makes and keeps up to date a separate written statement of its policy with regard to the provision of education as required by each of paragraphs (a) and (b),

(f) consults parents of registered pupils at the school before making or revising a statement under sub-paragraph (e), and

(g) publishes a copy of the statement on a website and provides a copy of the statement free of charge to anyone who asks for one.

(2) Arrangements made by the proprietor for the purposes of sub-paragraph (1)(b) must ensure that where a pupil’s parent requests that the pupil is wholly or partly excused from sex education provided as part of relationships and sex education, the pupil is so excused until the request is withdrawn, unless or to the extent that the head teacher considers that the pupil should not be so excused.

(3) Sub-paragraph (1)(a) and (c) do not apply to a pupil who is under compulsory school age.

16A

(1) The standard in this paragraph is met if the proprietor—

(a) ensures that a procedure is in place for recording each use of force incident in accordance with section 93A of the Education and Inspections Act 2006;

(b) ensures that a procedure is in place for recording each incident in which a member of the school staff secludes, restrains or immobilises a pupil for whom education is being provided at the school (a “seclusion or restraint incident”); and

(2) The procedure under sub-paragraph (1)(b) must require that the record is made in writing as soon as practicable after the incident.

(3) The procedure under sub-paragraph (1)(b) need not provide for any action to be taken in relation to a seclusion or restraint incident that also constitutes a use of force incident within the meaning of section 93A of the Education and Inspections Act 2006 and therefore falls to be recorded under the procedure referred to in sub-paragraph (1)(a).

(4) For the purposes of this paragraph a member or members of school staff seclude a pupil if they detain that one pupil in a place apart from any other person (except the member or members of staff) otherwise than as a disciplinary penalty, including by—

(a) physically obstructing the pupil’s way of leaving the place;

(b) securing the place so that the pupil cannot leave it; or

(5) For the purposes of this paragraph a member of school staff restrains or immobilises a pupil if they restrict the pupil’s movement otherwise than as a disciplinary penalty, including by—

(a) holding or binding the pupil’s body or part of it;

(b) securing the pupil to a fixed or heavy object; or

(6) In this paragraph—

“disciplinary penalty” has the same meaning as in Chapter 1 of Part 7 of the Education and Inspections Act 2006;

“staff” includes supply staff and volunteers.

31A

The standards about the provision of information by the school are those contained in this Part.

32A

(1) The standard in this paragraph is met if the proprietor—

(a) ensures that the procedures for recording use of force incidents and seclusion and restraint incidents referred to in paragraph 16A(1)(a) and (b) include procedures for information about each such incident (except where the pupil concerned is aged 20 or over or provision made under sub-paragraph (2) applies) to be provided to each parent of the pupil as soon as practicable after the incident; and

(b) takes all reasonable steps to ensure that those procedures are complied with.

(2) A procedure under sub-paragraph (1)(a) must include provision to the effect—

(a) that a person (“R”) who would otherwise be required by the procedure to provide a parent with information about an incident must not provide it to that parent if it appears to R that doing so would be likely to result in significant harm to the pupil; and

(b) that if it appears to R that there is no parent of the pupil to whom R could provide information about the incident without that being likely to result in significant harm to the pupil, R must provide information about the incident to the local authority (within the meaning of the 1989 Act) within whose area the pupil is ordinarily resident.

(3) In this paragraph “parent”, in relation to a pupil, has the meaning given by section 576 of the Education Act 1996 in relation to a child or young person, but includes a local authority who provide accommodation for the pupil under section 20 of the 1989 Act or section 76 of the Social Services and Well-being (Wales) Act 2014.

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