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Statutory School Policies

As every school is unique, the Association of Muslim Schools believes policies should be equally unique and written to reflect all aspects of school life which give due consideration to the various distinct issues that affect the school. We feel that generic polices which only cover the basic issues will hinder schools in the long term as they will not reflect a given area in sufficient detail or give the full scope of particular issues relating to it.

We therefore encourage schools to create their own policies – please see the table below to view the statutory school policies which are mandatory for your school, depending on the type of school it is. This table also states an guide on how frequently each policy should be reviewed and who is responsible for drawing up and reviewing the policy. There is also a list of other general policies at the end of the document that you may wish to add to your school list.

Key to school types:

MS Maintained schools (including maintained special schools)
Acad Academies
FS Free schools, including university technical colleges and studio schools
IS Independent schools (not state-funded)
SFC Sixth-form colleges
FE Further education colleges with 16 to 19 provision
PRU Pupil referral units
NMSS Non-maintained special schools

 

Policy Applicable to Review Frequency Approval Legislation
Capability of staff MS, PRU Governing body free to determine Governing body free to delegate to a committee of the governing body or an individual governor. The School Staffing (England) Regulations 2009 and as subsequently amended: The School Staffing (England) (Amendment) Regulations 2012.

PRUs: The Education (Pupil Referral Units) (Application of Enactments) (England) Regulations 2007.

As subsequently amended: The School Staffing (England) (Amendment) Regulations 2012

Charging and remissions MS Acad, FS Governing body free to determine Governing body free to delegate to a committee of the governing body, an individual governor or the headteacher. Applies directly to academies and free schools via their funding agreemements.

Maintained schools – Education Act 1996, section 457.

Education (School Sessions and Charges and Remissions Policies) (Information) (England) Regulations 1999.

Education (Residential Trips) (Prescribed Tax Credits) (England) Regulations 2003, SI 2003/381.

The School Information (England) Regulations 2008 (as amended).

Also see: School charging advice

School behaviour MS, Acad, FS, IS, PRU, NMSS Headteacher free to determine. Headteacher Maintained schools – Education and Inspection Act 2006: Section 89.

Academies, free schools and independent schools – Independent School Standards Regulations (Schedule 1 part 3 paragraph 9).

Sex education MS Acad, FS, PRU

(Does not apply to maintained nursery schools).

Governing body free to determine. Governing body free to delegate to a committee of the governing body, an individual governor or the headteacher. Maintained schools (applied to PRUs in relation to secondary school pupils only) – The Education Act 1996: Section 404.

Academies and free schools – Funding Agreements require these schools to have regard to DfE’s statutory guidance on sex and relationship education

Special educational needs MS Acad, FS, The SEN Information Report should be updated annually and any changes to the information occurring during the year should be updated as soon as possible Full governing body or proprietor Maintained schools, academies and free schools – The Children and Families Act: Section 69 andThe Special Educational Needs and Disability Regulations 2014

Also see The 0-25 Special Educational Needs and Disability Code of Practice.

Teacher appraisal MS, PRU Governing body free to determine Governing body free to delegate to a committee of the governing body or an individual governor. The Education (School Teachers’ Appraisal) (England) Regulations 2012

and as subsequently amended: The Education (School Teachers) (Qualifications and Appraisal) (Miscellaneous Amendments) (England) Regulations 2012 and The Education (School Teachers’ Appraisal) (England) (Amendment) Regulations 2012.

PRUs – The Education (Pupil Referral Units) (Management Committees etc.) (England) Regulations 2007.

Teachers’ pay MS Annually. Governing body. The Education Act 2002 section 122& the 2014 School Teachers Pay and Conditions Document
Data protection MS, Acad, FS, IS, SFC, PRU, NMSS

Schools are ‘Data Controllers’ under the Data Protection Act 1998 and must ‘Notify’ (register with), the Information Commissioner’s Office here.

At least every two years (Registration is annual) Governing body free to determine how to implement. Further information is on the Information Commissioner’s Office website. The Data Protection Act 1998 (with consideration to the eight data protection principles appearing in Schedule 1).
Health and safety MS, Acad, FS, IS, PRU

(Applies to local authorities on behalf of community and voluntary-controlled schools and PRUs).

Governing body or proprietor or local authority free to determine. Employer free to determine how to implement. The Health and Safety at Work Act 1974: Sections 2(3), 3 and 4.

Risk Assessments: The Management of Health and Safety at Work Regulations 1999: SI 1999/3242. The 1999 regulations impose a duty on employers to produce a risk assessment.

Admissions arrangements MS, Acad, FS

(Applies to voluntary-aided schools and foundation schools directly and to community and voluntary-controlled schools if the local authority formally delegates the responsibility).

Arrangements to be determined annually. Any changes must be consulted on and where no changes are made, consultation is required at least every seven years. Full governing body or a committee of the governing body where the school is an admissions authority. Applies directly to academies and free schools via their funding agreemements.

Maintained schools – Section 88C of the School Standards and Framework Act 1998 and the School Admissions (Admission Arrangements and Co-ordination of Admission Arrangements) (England) Regulations 2012.

Also see: Statutory School Admissions Code and School Admission Appeals Code.

Accessibility plan MS, Acad, FS, IS, SFC, PRU, NMSS

 

Every three years. Governing body free to delegate to a committee of the governing body, an individual governor or the headteacher. Equality Act 2010: Schedule 10, Paragraph 3 and Disability Discrimination (prescribed Times and Periods for Accessibility Strategies and Plans for Schools) (England) Regulations, 2005.
Behaviour principles written statement MS, PRU, NMSS Governing body free to determine Full governing body or a committee of the governing body. Education and Inspections Act 2006: Section 88.
Central record of recruitment and vetting checks MS, Acad, FS, IS, SFC, PRU, NMSS

 

Live document covering staff currently employed. Governing body free to delegate to a committee of the governing body, an individual governor or the headteacher. Maintained schools (and applied to PRUs) – The School Staffing (England) Regulations 2009.

Academies and free schools – Independent School Standards Regulations 2010.

Complaints procedure statement MS, Acad, FS, IS, PRU, NMSS

 

Governing body or proprietor free to determine Governing body free to delegate to a committee of the governing body, an individual governor or the headteacher. Maintained schools (and applied to PRUs) – The Education Act 2002: Section 29.

Academies, free schools and independent schools – The Education (Independent Schools Standards) Regulations 2010.

Non-maintained special schools – The Education (Non-maintained Special Schools) Regulations 2011.

Freedom of Information MS, Acad, FS, PRU

(Applies to local authorities on behalf of  PRUs).

The Freedom of Information Act 2000 gives a right of access to information held by public bodies, including schools (Schedule 1, Part IV), who must comply with the Act and produce a Publication Scheme (Section 19).

Governing body free to determine. Governing body free to determine how to implement.  Further information is on the Information Commissioner’s Office website. The Freedom of Information Act 2000: Section 19.
Governors’ allowances (schemes for paying) MS Governing body free to determine. Governing body free to delegate to a committee of the governing body, an individual governor or the headteacher. School Governance (Roles, Procedures and Allowances) Regulations 2013
Home-school agreement document MS, Acad, FS

(Does not apply to maintained nursery schools)

Governing body free to determine Governing body free to delegate to a committee of the governing body, an individual governor or the headteacher. The School Standards and Framework Act 1998: Sections 110 and 111.
Instrument of government MS Governing body free to determine Full governing body The School Governance (Constitution) (England) Regulations 2007: SI 2007/957 and School Governance (Constitution) (England) Regulations 2012: SI 2012/1034.
Minutes of, and papers considered at, meetings of the governing body and its committees MS, Acad, FS, PRU Not applicable Full governing body or a committee of the governing body as appropriate Maintained schools (and applied to PRUs) – School Governance (Roles, Procedures and Allowances) Regulations 2013

Academies and free schools – through Articles of Association

Premises management documents MS, Acad, FS, IS, SFC, PRU, NMSS

For maintained schools, both local authorities and schools have responsibilities for the repair and maintenance of premises.

 

please see links. Governing body free to delegate to a committee of the governing body, an individual governor or the headteacher. There are many aspects of school premises that require safe management and maintenance such as asbestos, fire safety and statutory testing. For an overview of the legislation and compliance requirements, please see the Compliance Monitoring for Council Buildings report available from the Federation of Property Societies’ website. This sets out the responsibilities for employers and duty holders.

DfE provides additional non-statutory advice on asbestos management in schools (available from GOV.UK).

Independent schools, academies and free schools have sole responsibility.

 

Equality information and objectives (public sector equality duty) statement for publication MS, Acad, FS, PRU

(Applies to local authorities on behalf of PRUs).

Every four years and publish information annually (see below). Governing body free to delegate to a committee of the governing body, an individual governor or the headteacher. The Equality Act 2010 and The Equality Act 2010 (Specific Duties) Regulations 2011.

Under specific duties, governing bodies, local authorities and proprietors are required to draw up and publish equality objectives every four years and annually publish information demonstrating how they are meeting the aims of the general public sector equality duty.

School information published on a website MS, Acad, FS

(New funding agreements will require academies and free schools to publish this information, however previous versions of the funding agreement may not have this requirement).

Live – must be updated as soon as possible after a change and at least annually. Governing body free to delegate to a committee of the governing body, an individual governor or the headteacher. The School Information (England) (Amendment) Regulations 2012: SI 2012/1124 (only maintained schools).
Register of business interests of headteachers and governors MS

(Applies to local authorities on behalf of maintained schools).

(A register of business interests is covered in the ‘Academies’ financial handbook’).

Governing body free to determine subject to the local authority scheme. Governing body free to determine subject to the local authority scheme. The requirement that local authorities keep a register of any business interests of the governors and the headteachers is set out in regulation 26 read with paragraph 15 of Schedule 5 to the School Finance (England) Regulations 2012. Local authorities are required to have schemes for financing schools, and the content of these schemes must deal with the keeping of a register.
Register of pupils’ admission to school MS, Acad, FS, IS, PRU, NMSS

 

Live document. The governing body free to delegate to a committee of the governing body, an individual governor or the headteacher or the proprietor must “cause to be kept” a register.

The register itself can be kept by appropriate school staff.

 

The Education (Pupil Registration) (England) Regulations 2006: (SI 2006/1751) as subsequently amended: The Education (Pupil Registration) (England) (Amendment) Regulations 2011 and The Education (Pupil Registration) (England) (Amendment) Regulations 2013.
Register of pupils’ attendance MS, Acad, FS, IS, PRU, NMSS

 

Live document. The governing body of a school can delegate to the headteacher the keeping of the attendance register. The register can be kept  and updated daily by appropriate school staff. The Education (Pupil Registration) (England) Regulations 2006: SI 2006/1751 and as subsequently amended: The Education (Pupil Registration) (England) (Amendment) Regulations 2010 and The Education (Pupil Registration) (England) (Amendment) Regulations 2013.
Staff discipline, conduct and grievance (procedures for addressing) MS, Acad, FS, IS, SFC, PRU, NMSS

 

Maintained schools – governing body free to determine. All other establishments may want to include this policy but should refer to general employment law. Maintained schools – full governing body.

Academies – governing body free to delegate to a committee of the governing body, an individual governor or the headteacher.

 

For maintained schools (and applied to PRUs) The School Staffing (England) Regulations 2009, For all other establishments – general employment law.
Child protection policy and procedures MS, Acad, FS, IS, SFC, PRU, NMSS, FE Annually Governing body or proprietor Statutory guidance: Keeping children safe in education
Early Years Foundation Stage (EYFS) MS, Acad, FS, IS, NMSS

Those delivering the EYFS are required to have policies and procedures on a range of issues covering safeguarding and welfare. These are set out in detail in the ‘Statutory framework for the Early Years Foundation Stage’. Schools are not required to have separate policies to cover EYFS requirements where they are already met through an existing policy.  An EYFS profile assessment is required for each child during the academic year they reach the age of five (for most children this is the reception year in primary school) and nursery settings catering for children under three must complete a summary check when a child is aged two.

Varies – please see guidance. Governing body free to determine. Statutory guidance: Statutory framework for the Early Years Foundation Stage.Please also see information on the DfE website about the EYFS curriculum.
Statement of procedures for dealing with allegations of abuse against staff MS, Acad, FS, IS, SFC, PRU, NMSS, FE Governing body free to determine. Governing body free to determine. Statutory guidance: Keeping children safe in education
Supporting pupils with medical conditions MS, Acad, FS, PRU Governing bodies, proprietors and management committees free to determine. Governing bodies of maintained schools, proprietors of academies, and management committees of pupil referral units. Statutory guidance: Supporting pupils at school with medical conditions

Legislation: Children and Families Act 2014 section 100