Governors Statutory Responsibilities: Oct 2010

Statutory responsibilities of maintained and independent schools, FE colleges, local authorities and other education providers.

This Act places a responsibility on Local Authorities and governors to ensure the safety and wellbeing of all children. Section 175 places responsibility on Local Authorities and maintained schools and FE colleges. Section 157 places similar responsibilities on independent schools and any other education provider.

Section 175: Duties of LEAs and governing bodies in relation to welfare of children

(1)        A local education authority shall make arrangements for ensuring that the functions conferred on them in their capacity as a local education authority are exercised with a view to safeguarding and promoting the welfare of children.

(2)        The governing body of a maintained school shall make arrangements for ensuring that their functions relating to the conduct of the school are exercised with a view to safeguarding and promoting the welfare of children who are pupils at the school.

(3)        The governing body of an institution within the further education sector shall make arrangements for ensuring that their functions relating to the conduct of the institution are exercised with a view to safeguarding and promoting the welfare of children receiving education or training at the institution.

(4)        An authority or body mentioned in any of subsections (1) to (3) shall, in considering what arrangements are required to be made by them under that subsection, have regard to any guidance given from time to time (in relation to England) by the Secretary of State or (in relation to Wales) by the National Assembly for Wales.

(5)        In this section?

  • "child¡É means a person under the age of eighteen;

  • "governing body¡É, in relation to an institution within the further education sector, has the meaning given by section 90 of the Further and Higher Education Act 1992

  • "maintained school¡É means a community, foundation or voluntary school, a community or foundation special school or a maintained nursery school

Section 157: Independent school standards

(1)        For the purposes of this Chapter, regulations shall prescribe standards about the following matters?

(a)        the quality of education provided at independent schools;
(b)        the spiritual, moral, social and cultural development of pupils at independent schools;
(c)        the welfare, health and safety of pupils at independent schools;
(d)        the suitability of proprietors of and staff at independent schools;
(e)        the premises of and accommodation at independent schools;
(f)         the provision of information by independent schools;
(g)        the manner in which independent schools handle complaints.