I am writing to inform you that at long last, The Independent School Standards (Wales) Regulations 2024 were laid before the Senedd on the 15th
January 2024 and comes into force on the 14th February 2024.
The previous independent standards, outdated by 20 years old, have been replaced with new ones to improve governance in independent schools in order to upholdpublic trust and confidence in the independent school sector in Wales. Simultaneously, these standards aim to enhance the well-being, health and safety of pupils in our schools, whilst avoiding unnecessary constraints on the organisational freedom of independent schools in delivering education.
The evident improvement in the new regulations highlights the enhanced governance and increased safeguarding measures for children and young people within the independent school sector in Wales. This positive outcome is as a result of consultations with WISC and our schools during the ‘Call for Evidence’ by the Welsh Government via virtual stakeholder engagement events.
The new regulations, following a thorough review, have specifically addressed the recommendations for Wales from the Independent Inquiry into Child Sexual Abuse (IICSA). Noteworthy changes include a focus on schools actively promoting the safeguarding of learners, strengthening safeguarding training requirements for school leadership, staff and learners, and careful consideration of who should be DBS checked and how often. Whilst some aspects remain unchanged, these modifications align with IICSA recommendations for enhancing safeguarding measure in schools.
The primary modifications are outlined as follows:
In the Regulations:-
- The school has been renamed ‘independent school’ and there is now reference to boarder, boarding accommodation and chair has been included
- The proprietor is the person responsible for compliance. This has shifted all responsibility from the school to the proprietor and this is clear throughout all 7 parts of the new regulations
- There is to be more transparency – documents are to be displayed on the school’s website and are to be accessible to pupils, parents of pupils, parents of prospective pupils and available for inspection and reasonable steps must be taken by the proprietor that all are aware of this information (Page 2 par 2)
- In the Standards:-
- Part 1 Quality of Education Provided – (Par 2) The Proprietor must ensure that a written policy on the independent schools curriculum, supported by appropriate plans and schemes of work is drawn up and implemented effectively, taking into account the ages, aptitudes and needs of all pupils and does not undermine the fundamental values of democracy, the rule of law, individual liberty, and mutual respect and tolerance for those with different faiths and beliefs (Pages 6-7)
- Part 2, Spiritual, Moral, Social and Cultural development of pupils – (Par 4 (iii) ) remains unchanged but has included a section as to meeting the standard if the proprietor encourages pupils to accept responsibility for their behaviour, show initiative and understand how they can contribute positively to the lives of those within the independent schools community, those living and working in the locality in which the independent school is situated and to society more widely. There is also a section on political issues and how they are to be dealt with. (Pages 7-8)
- Part 3 deals with Welfare, Health and Safety of Pupils – (Par 10) the onus here is on the proprietor ensuring that arrangements are made to safeguard and promote the welfare of pupils and that a written policy is drawn up and effectively implemented. Those arrangements and that policy must have regard to any relevant guidance issues by the Welsh Government. This section also provides specifically for boarders and where the school provides boarding accommodation the standard in this paragraph is met where the proprietor ensures that arrangements are made to safeguard and promote the welfare of boarders while they are accommodated at an independent school, a written boarding accommodation policy is drawn up and effectively implemented and those arrangements, and that policy have regard to the National Minimum Standards for Boarding Schools , or where applicable to National Minimum Standards for Residential Special Schools. The standard in this paragraph is met if the proprietor ensures that the welfare of pupils at the independent school is safeguarded and promoted by drawing up and effective implementation of a written risk assessment policy that includes assessment of activities undertaken outside of the independent school’s premises and appropriate action is taken to reduce the risks identified. The standard is met where the proprietor ensures that all staff, supply staff and persons with leadership and management responsibilities at the independent school actively promote the well-being of pupils.
This section also strengthens arrangements for safeguarding training as the proprietor must ensure that all staff, supply staff, volunteers and pupils, receive appropriate training in the independent schools safeguarding policy, including a written record of training details. The standards are met if other policies such as behaviour policy, anti-bullying policy and other compliance and policies are drawn up, reviewed regularly and updated when appropriate. (Pages 8-10)
- Part 4 Suitability of Proprietors, staff and supply staff –this is important and has been tightened up considerably and refers to the suitability of all staff and it is the proprietors responsibility to carry out the requisite checks, including those persons living or having lived outside of the UK. (Par 20 & 21)
(Par 22 to 24)The suitability of a proprietor is also strengthened. It also refers to the proprietor checking members of staff DBS certificate status every three years (Pages 10-17)
- Part 5 Premises of and boarding accommodation at independent schools. (Par 26) A pupil has ‘special requirements’ if the pupil has any needs arising from physical, medical, sensory, learning, emotional or behaviour impairments’ (Pages 17-18)
- Part 6 The Provision of Information – here the school is now deemed the proprietor and the proprietor must provide specific details Par 28.
The independent school must make available to parents of pupils and parent of prospective pupils and on request to the Chief Inspector, the Welsh Ministers or a body approved particulars of policies prepared under Part 1 and Part 3, the independent school’s academic record during the proceeding school year, including the results of any public examinations and assessments resulting in a qualification; details of the schools complaints procedure and the number of complaints registered under the formal procedure during the preceding year, the number of staff employed at the school, including temporary staff and a summary of their qualifications, the term dates for the current academic year and the subsequent academic year and the dates of any planned closures.
Following an inspection, and not more than 14 days after a copy of the report of the inspection has been provided to the proprietor of the school the inspection report is to be published and maintained on the school’s website and is provided to parents of every pupil, and where the child is looked after a copy must be provided to the local authority looking after them. (Pages 18-20)
- Part 7 The Manner in which complaints are to be handled – remains mostly unchanged but it is now the proprietors responsibility to ensure that the school draws up and effectively implements a complaints procedure which is in writing, is made available on the schools website , sets out clear timescales for management of the complaint etc. However, where there is a panel hearing of the complaint, one person will be independent of the management and running of the school and it allows for pupils and boarders, as well as parents to be accompanied at the hearing if they so wish. (Pages 20-21)
Please note that the time of writing I am awaiting confirmation from the Welsh Government as to whether there will be guidance published on these new standards and given the time frame is there a deadline for the new changes to be implemented. I will of course keep you posted of any response.
This email is not intended to be an exhaustive list of the changes, the notes provided are for reference only and based on my initial observations. I therefore strongly advise everyone to perform their own due diligence by thoroughly reading the document itself.
With all best wishes .. Emma
Download full pdf of The Regulations here…
