IN A BID to enhance the quality of education and improve the welfare, health, and safety of pupils in independent schools, the Welsh Government says that it has announced its intention to amend the current suite of Regulations that govern independent schools in Wales.
These changes come after a review of the existing regulatory framework, feedback from stakeholders, and recommendations from the Independent Inquiry into Child Sexual Abuse (IICSA).
- The current Regulations that independent schools in Wales must adhere to include:
- The Independent School Standards (Wales) Regulations 2003
- The Independent Schools (Provision of Information) (Wales) Regulations 2003
- The Independent School (Publication of Inspection Reports) (Wales) Regulations 2003
- The Independent School (Religious Character of Schools) (Designation Procedure) (Wales) Regulations 2003
- The Education (Independent Schools) (Unsuitable Persons) (Wales) Regulations 2009
- The Designation of Schools Having a Religious Character (Independent Schools) (Wales) Order 2009
The proposed amendments primarily focus on two sets of Regulations: the Independent School Standards (Wales) Regulations 2003 and the Independent Schools (Provision of Information) (Wales) Regulations 2003. Additionally, the Welsh Government intends to introduce a new set of Independent Schools (Prohibition on Participation in Management) (Wales) Regulations, which outline the grounds for prohibiting certain individuals from participating in the management of independent schools.
These three sets of Regulations are part of a broader framework of regulation, guidance, and policies aimed at safeguarding learners in independent schools. The proposed changes aim to address concerns raised during the Call for Evidence and align with the recommendations of the IICSA. The Welsh Government also aims to establish parity between maintained and independent schools in relevant areas.
Key areas identified for strengthening include governance and management of schools to ensure learner safety and well-being. The proposed changes take into account the IICSA recommendations, which include promoting safeguarding, enhancing training requirements for school leadership and staff, and increasing the frequency of background checks.
The amendments also clarify the ultimate responsibility for compliance by replacing instances of “the school must” with “the proprietor must” in relevant requirements. This change is intended to provide clarity on who holds the responsibility for meeting the Standards. Other proposed changes include raising expectations by using terms like “effective” or “good” instead of “satisfactory” or “adequate” in relation to the quality of education provided by the school.
Given the evolving education landscape and the increasing prevalence of blended and hybrid learning arrangements, the proposed changes aim to ensure that the Standards reflect the changing nature of education and society. For instance, the regulations will no longer specifically refer to the “classroom” in certain contexts where it may not be applicable.
To future-proof the Regulations and keep the wording current, the Welsh Government plans to remove references to specific documents and replace them with references to the policy intent of the guidance. An updated Independent Schools’ Registration and Operational Guidance handbook will be issued alongside the revised Regulations, providing schools with the necessary information to comply with the Regulations and other statutory requirements.
In addition to the proposed amendments, the Welsh Government plans to introduce a requirement for staff with teaching responsibilities at independent schools to register with the Education Workforce Council (EWC). This requirement is anticipated to come into effect before or simultaneously with the replacement of the Independent School Standards (Wales) Regulations 2003.
Furthermore, the phased implementation of the Additional Learning Needs and Education Tribunal (Wales) Act (ALNET) will have an impact on the Regulations under review. Consequently, relevant Regulations will be amended to align with the requirements of ALNET.
The consultation process has been initiated to gather input on the proposed changes to the Independent School Standards (Wales) Regulations 2003, the Independent Schools (Provision of Information) (Wales) 2003, and the introduction of the Independent Schools (Prohibition on Participation in Management) (Wales) Regulations. Stakeholders and interested parties are encouraged to provide their views on the proposed changes, and the responses received will inform the final versions of the Regulations and associated guidance.
The overarching changes proposed include removing named documents from the Regulations and replacing them with references to the policy intent of the guidance. Additionally, the responsibilities of the proprietor will be clarified, and the requirements will be amended to accommodate the phased implementation of ALNET.
The Welsh Government aims to collectively improve provision and outcomes for learners by implementing these legislative changes and addressing the legislative gap that currently limits Welsh Ministers’ intervention powers. By ensuring stronger regulation, guidance, and policies, the Welsh Government seeks to safeguard learners in all educational settings effectively.
The consultation provides an opportunity for stakeholders to contribute to the development of updated Regulations that will shape the future of independent schools in Wales. The Welsh Government remains committed to striking a balance between necessary changes for improvement and maintaining the freedom of independent schools to organize themselves and deliver education effectively.
To participate in the consultation and share your views on the proposed changes, visit the Welsh Government’s official website. The responses received will play a vital role in shaping the final versions of the Regulations, which will work towards enhancing the quality of education and ensuring the safety and well-being of pupils in independent schools across Wales.
