Education and Inspections Act 2006
Encyclopedia
The Education and Inspections Act 2006 (c 40) is an Act
of the Parliament of the United Kingdom
. According to the government the Act "is intended to represent a major step forward in the Government’s aim of ensuring that all children in all schools get the education they need to enable them to fulfil their potential".
Higher Standards, Better Schools for All — More Choice for Parents and Pupils. It set out plans to "radically improve the system". The blurb
distributed with it established a number of key areas that the White Paper was intended to address:
when it explained how schools would "acquire a Trust". It was noted that there was a remarkable similarity between Trust schools and voluntary aided school
s/Foundation school
s. The proposals allowed for each Trust school to decide its own governance
model from either the VA or Foundation model. Local authority assets - buildings and land - would be transferred to trust ownership, and the trust would take on the responsibility for the employment of all the school staff.
The governance model of VA Schools would allow the Trust to directly appoint more than half of the governors allowing it to effectively control the governing body. Such a model would also reduce the number of elected Parent governors. To tackle this obvious reduction in parent power it was proposed that a new consultative body - a Parents’ Council to ensure that parents have a strong voice in decisions about the way the school is run - although it was stressed that statutory guidance on this would be produced at some yet unspecified later stage. This notion effectively killed any suggestion that Kelly could be seen as a champion of parents.
The Trusts were intended to be non-profit making and to have charitable status, although they could be formed by commercial enterprises. In fact one of the early DfES-hosted seminars on the establishment of Trusts included representatives from Microsoft
and KPMG
. But it was their ability to set their own admission arrangements that generated the most criticism.
and former Education Secretary Estelle Morris
, made known their opposition to the proposals and published an alternative white paper. Faced with such a rebellion, the government initially stressed that it would press on with the reforms. Tory
leader David Cameron
then announced that these reforms were in line with Tory policies and that he would support the bill if presented in the proposed form. The government were faced with the prospect of pushing through their reforms only with opposition support and in the face of increased resistance from its own supporters.
Following a report by the Education Select Committee - which was in itself controversial - Ruth Kelly
finally wrote to the committee chairman Barry Sheerman
in February 2006, outlining how the bill would look when presented to parliament and stressing how it would accommodate many of the fears expressed in the committee's report. This was reported as the government backtracking on many key issues although it stressed that it was not a climbdown.
Other important provisions include:
Act of Parliament
An Act of Parliament is a statute enacted as primary legislation by a national or sub-national parliament. In the Republic of Ireland the term Act of the Oireachtas is used, and in the United States the term Act of Congress is used.In Commonwealth countries, the term is used both in a narrow...
of the Parliament of the United Kingdom
Parliament of the United Kingdom
The Parliament of the United Kingdom of Great Britain and Northern Ireland is the supreme legislative body in the United Kingdom, British Crown dependencies and British overseas territories, located in London...
. According to the government the Act "is intended to represent a major step forward in the Government’s aim of ensuring that all children in all schools get the education they need to enable them to fulfil their potential".
Trust schools white paper
In October 2005, the DfES published the White PaperWhite paper
A white paper is an authoritative report or guide that helps solve a problem. White papers are used to educate readers and help people make decisions, and are often requested and used in politics, policy, business, and technical fields. In commercial use, the term has also come to refer to...
Higher Standards, Better Schools for All — More Choice for Parents and Pupils. It set out plans to "radically improve the system". The blurb
Blurb
A blurb is a short summary or some words of praise accompanying a creative work, usually used on books without giving away any details, that is usually referring to the words on the back of the book jacket but also commonly seen on DVD and video cases, web portals, and news websites.- History :The...
distributed with it established a number of key areas that the White Paper was intended to address:
- The challenge to reform
- A school system shaped by parents
- Choice and access for all
- Personalised learning
- Parents driving improvement
- Supporting children and parents
- School discipline
- The school workforce and school leadership
- A new role for local authorities
Trust schools
One of the most controversial elements in the White Paper was the proposal to establish a new breed of school called a Trust school. The White Paper introduced a new term to the educational taxonomyTaxonomy
Taxonomy is the science of identifying and naming species, and arranging them into a classification. The field of taxonomy, sometimes referred to as "biological taxonomy", revolves around the description and use of taxonomic units, known as taxa...
when it explained how schools would "acquire a Trust". It was noted that there was a remarkable similarity between Trust schools and voluntary aided school
Voluntary aided school
A voluntary aided school is a state-funded school in England and Wales in which a foundation or trust owns the school buildings, contributes to building costs and has a substantial influence in the running of the school...
s/Foundation school
Foundation school
In England and Wales, a foundation school is a state-funded school in which the governing body has greater freedom in the running of the school than in community schools....
s. The proposals allowed for each Trust school to decide its own governance
School governors
In England, Wales and Northern Ireland, school governors are members of a school's Governing Body. In state schools they have responsibility for raising school standards through their three key roles of setting strategic direction, ensuring accountability and acting as a critical friend...
model from either the VA or Foundation model. Local authority assets - buildings and land - would be transferred to trust ownership, and the trust would take on the responsibility for the employment of all the school staff.
The governance model of VA Schools would allow the Trust to directly appoint more than half of the governors allowing it to effectively control the governing body. Such a model would also reduce the number of elected Parent governors. To tackle this obvious reduction in parent power it was proposed that a new consultative body - a Parents’ Council to ensure that parents have a strong voice in decisions about the way the school is run - although it was stressed that statutory guidance on this would be produced at some yet unspecified later stage. This notion effectively killed any suggestion that Kelly could be seen as a champion of parents.
The Trusts were intended to be non-profit making and to have charitable status, although they could be formed by commercial enterprises. In fact one of the early DfES-hosted seminars on the establishment of Trusts included representatives from Microsoft
Microsoft
Microsoft Corporation is an American public multinational corporation headquartered in Redmond, Washington, USA that develops, manufactures, licenses, and supports a wide range of products and services predominantly related to computing through its various product divisions...
and KPMG
KPMG
KPMG is one of the largest professional services networks in the world and one of the Big Four auditors, along with Deloitte, Ernst & Young and PwC. Its global headquarters is located in Amstelveen, Netherlands....
. But it was their ability to set their own admission arrangements that generated the most criticism.
Political fallout
The white paper was not received with universal acclaim. A large number of Labour backbenchers, as well as numerous Labour luminaries like Neil KinnockNeil Kinnock
Neil Gordon Kinnock, Baron Kinnock is a Welsh politician belonging to the Labour Party. He served as a Member of Parliament from 1970 until 1995 and as Labour Leader and Leader of Her Majesty's Loyal Opposition from 1983 until 1992 - his leadership of the party during nearly nine years making him...
and former Education Secretary Estelle Morris
Estelle Morris
Estelle Morris, Baroness Morris of Yardley, PC was a British Labour Party politician, who was the Member of Parliament for Birmingham Yardley from 1992 to 2005, and served briefly in the Cabinet as Education Secretary.-Early life:...
, made known their opposition to the proposals and published an alternative white paper. Faced with such a rebellion, the government initially stressed that it would press on with the reforms. Tory
Tory
Toryism is a traditionalist and conservative political philosophy which grew out of the Cavalier faction in the Wars of the Three Kingdoms. It is a prominent ideology in the politics of the United Kingdom, but also features in parts of The Commonwealth, particularly in Canada...
leader David Cameron
David Cameron
David William Donald Cameron is the current Prime Minister of the United Kingdom, First Lord of the Treasury, Minister for the Civil Service and Leader of the Conservative Party. Cameron represents Witney as its Member of Parliament ....
then announced that these reforms were in line with Tory policies and that he would support the bill if presented in the proposed form. The government were faced with the prospect of pushing through their reforms only with opposition support and in the face of increased resistance from its own supporters.
Following a report by the Education Select Committee - which was in itself controversial - Ruth Kelly
Ruth Kelly
Ruth Maria Kelly is a British Labour Party politician of Irish descent who was the Member of Parliament for Bolton West from 1997 until she stood down in 2010...
finally wrote to the committee chairman Barry Sheerman
Barry Sheerman
Barry John Sheerman is a British Labour Co-operative politician who has been the Member of Parliament for Huddersfield since the 1979 general election.-Early life:...
in February 2006, outlining how the bill would look when presented to parliament and stressing how it would accommodate many of the fears expressed in the committee's report. This was reported as the government backtracking on many key issues although it stressed that it was not a climbdown.
The Education and Inspections Bill 2006
On 28 February 2006, the bill was finally published. It contained much of what had been trailed, although most notable by its absence was any mention of "Trust school". In reality, Foundation and Voluntary Aided schools will pick up the mantle of "Trust school".Education and Inspections Act 2006
The Act is designed to give greater freedoms to schools, including the possibility of:- Owning their own assets
- Employing their own staff
- Setting their own admissions arrangements
Other important provisions include:
- Creation of a Local Authority duty to promote fair access to educational opportunities
- Giving schools staff a clear statutory right to discipline students
- Provisions relating to nutritional standards of school food
- Reform of the school inspectorates
External links
- The Education and Inspections Act 2006, as amended from the National Archives.
- The Education and Inspections Act 2006, as originally enacted from the National Archives.
- Explanatory notes to the Education and Inspections Act 2006.