Teacher bans and Free Schools

February 9th, 2014

More on teacher bans

On Friday, the Department for Education began a consultation on new regulations regarding the banning of individuals from participation in the management of independent schools, including academies and Free Schools.  The consultation page is here, and remains open until 10 April 2014.

The consultation document states that the regulations are to be made because the current banning regime under section 142 of the Education Act 2002 makes “inadequate provision” in respect of the need to “uphold high standards of behaviour expected of members of the teaching profession” and to “to protect schools and the education service generally from fraud or deception“.

The DfE prefer, therefore, to rely on their powers under section 128 of the Education and Skills Act 2008 (which appear to be partially in force already).  The consultation document states that the DfE intend to use the new regulations against individuals with extremist views, and in respect of “Egregious Conduct and Professional Misconduct” that falls short of criminal conduct.

The regulations are to be made as part of a wider package of reforms, including the commencement of other sections concerning independent schools in the Education and Skills Act 2008 (replacing those under the Education Act 2002), and revisions to the Independent School Standards.

For details of the teacher banning regime generally, see this blogpost.  For an example of a recent prohibition case, see here.

Free Schools

You may be interested in this article in this article, published in Counsel magazine last year on Free Schools: “Opening a Free School: the Legal Pifalls”.

Thomas Ogg

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