Inspection matters

The start of this academic year sees the introduction of a new approach to inspection for the schools examined by the Independent Schools Inspectorate. Chief inspector Christine Ryan outlines the changes

Schools are already familiar with inspection and appreciate the necessary part it plays in ensuring that the education and welfare of children are properly addressed.

New to schools from this year is more frequent inspections: they will now take place every three years (six previously) and be at a much shorter notice of five days. Headteachers will also be aware that, in recent times, the regulatory landscape for independent schools has become more complex, with the introduction of new legislation, such as the Early Years Foundation Stage (EYFS) requirements, and changes to existing ones. They may be less aware, however, of the DCSF’s renewed focus on ensuring regulatory compliance and that this focus is reflected in its demands of inspection. In many ways, there is nothing new here for schools: the regulations are well established and inspection has always been used to check compliance. Schools found to have significant failings have always been required to take action to put them right, with enforcement action applied for those that failed to do so.

The vast majority of schools we inspect have no difficulties in meeting all the requirements; they are, after all, the minimum that any school should be able to achieve. However, with the introduction of short-notice inspections, which began in Autumn 2009, this is a good time to step back and look afresh at what schools can do to help themselves, to make sure they are always compliant (not just at inspection time), and to check that the systems they have in place are working as they should.

In the beginning
So where should schools start? It is important to be clear about which regulations apply to your school and to make sure that you are properly registered with the relevant registering authority. A central requirement for all independent schools is that they must be registered with DCSF and so must adhere to the Independent School Standard Regulations (ISSR). If schools also have provision for under-3s, then they must also register with Ofsted. The EYFS requirements are applicable to all children under five years. In ISC schools, the inspection will report on compliance with both the ISSR and EYFS requirements.

Schools with residential provision (boarding) must also meet the National Minimum Standards (NMS), now inspected by Ofsted (previously the Commission for Social Care Inspection). In addition to these education-based regulations, schools are subject to a number of other legal requirements, such as health and safety and employment legislation.

Once you have identified what applies to yourschool, you then need to think carefully about where the accountability lies and who is going to be responsible for checking that everything is in order. In general, the legal duty rests with the proprietor or governing body of a school and so it is essential that they are fully aware of the regulations and can satisfy themselves that there are effective systems in place to ensure compliance.

This is especially important in matters of safeguarding, where breaches to the regulations can have serious consequences for children’s welfare, and for this reason such breaches bring swift action from the DCSF. A Notice is the first stage in the enforcement process and, where improvement is not sufficient or rapid enough, can result in the removal of a school from the register (closure) and so it is important to treat all such contact seriously.

Burdens on bursars
Inspection has shown that it is not uncommon in larger schools for governors and proprietors to delegate responsibility for checking regulatory compliance to others in the school, particularly to bursars. However, while this may be appropriate for some matters, this approach can carry significant risk where the regulatory judgements require significant knowledge and understanding of educational issues and where the requirements are very detailed and specific: leaving such matters to bursars alone could place them in an unfair position. In particular, safeguarding regulations, including the precise requirements for staff recruitment and employment and the handling of parental complaints, have been common points of difficulty for some schools. Governors and proprietors would be well advised to take a direct interest in checking that all is in order.

Mixed roles
Small schools, where the proprietor is also the headteacher, can sometimes be more vulnerable to falling foul of the regulations simply because the combination of the two roles is demanding. It is all the more important for them to have secure and responsive routines in place.

Schools can rely heavily on external consultants or legal opinion for checking that their policies and procedures are robust. However, in these circumstances, schools must make sure that they are clear enough about the questions they ask and that the individuals appointed have up-todate expertise in the regulations and inspection. If seeking an opinion on an employment issue, for example, are you also including the need to satisfy not just employment law but also the additional demands of any child protection legislation that might apply?

In summary, while there are many legal requirements that schools have to meet, they are not of themselves difficult. What is needed is a systematic and conscientious approach to checking your own compliance with mechanisms in place to ensure that you keep up-to-date with any new or revised requirements. In that way, your school will always be ready for inspection whenever it occurs. Remember that in most independent schools the provision for the education, care and welfare of children is of a high standard and easily exceeds the level set by regulations. Help is readily available should you need it.

For schools inspected by ISI, details of the new inspections, including the inspection Framework, are available on the website (www.isi.net). In particular, the Handbook for Regulatory Requirements provides not only a comprehensive list of all the regulations that apply to independent schools, but also a step-by-step guide on how to interpret them and practical tips on how to carry out the checks for yourself.

If you still cannot find what you are looking for, you can:
• call or email the Independent Schools Inspectorate (020 7600 0100 or info@isi.net);
• call or email the Independent Schools Council (020 7766 7070 or office@isc.co.uk); or
• call or email your own association.

Non-association schools inspected by Ofsted or other inspectorates can find helpful advice on the DCSF website (www.dcsf.gov.uk).

Regulations and standards:
• Education Act 2002 (Education (Independent School Standards) (England) Regulations 2003 as amended 2005, 2007, 2009;
• Childcare Act 2006 (Early Years Foundation Stage requirements);
• Children Act 1989 as amended by the Care Standards Act 2000 (National Minimum Standards (NMS) for Boarding Schools); and
• Other regulations and requirements: Special Educational Needs and Disability Act (SENDA), health and safety, employment legislation etc.

Christine Ryan is chief inspector for the Independent Schools Inspectorate.

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