A Practical Guide to the Independent School Standards – September 2023 Edition

While the state has extensive powers and duties in relation to state-funded education, independent schools largely sit outside that regime on condition that they meet prescribed standards. This book introduces the standards from a rights-based perspective and explains their role in connection with registration and inspection of independent schools. Busy practitioners are signposted to the key guidance and regulations incorporated into the deceptively short standards. The parts of education law which do and do not apply to the independent sector are clearly identified.

After outlining the standards and linking to relevant legislation and recent case law which helps with interpretation, this book shows how the standards can be applied to common issues affecting pupils such as SEND, mental health, peer-on-peer abuse, admissions and exclusions. The closing chapters consider the role of the standards when things go wrong whether it is a parent wishing to complain about a school, a school questioning the findings of a compliance inspection and/or responding to action by the regulator.

Intended primarily for education lawyers, but this will also be an invaluable accessible resource for independent schools, bursars, governors and trustees, and parents.

This new fully updated edition covers the changes to statutory guidance for 2023, such as those about making ‘material changes’, Keeping Children Safe in Education, including Working Together to Improve School Attendance, the new Filtering and Monitoring Standards and Cyber Security Standards, and new case law on RSE. The recommendations of the Independent Inquiry into Child Sexual Abuse are explicitly woven through the text where relevant. There is an expanded section on responding to non-recent institutional abuse, plus sundry updates and additional information throughout.

Sarah McKimm is a solicitor who, after a first career in commercial litigation, has been specialising in education law for over 20 years. In 2008 she became Principal Solicitor and later Deputy General Secretary for the Independent Schools Council. She was also until recently Head of Legal & Policy at the Independent Schools Inspectorate (ISI).

‘This book is the definitive work for those involved in the detail and setting policy for safeguarding in schools. The information is accessible logical and entirely up-to-date.’
– John Murphie, Chief Operating Officer, the Independent Schools’ Bursars Association

CONTENTS

List of Terms and Abbreviations

PART ONE – INTRODUCTION
1. State and Independent Education – How They Differ and Why
2. Registration Requirements for Independent Schools
3. Overview of The Independent School Standards
4. Key Provisions of The Equality Act 2010
5. Regulated Activity

PART TWO – THE STANDARDS
6. The Quality of Education Standards
7. The Curriculum Standard – ISS Part 1
8. Relationships, Education and Relationships and Sex Education (RSE)
9. The Teaching Standard
10. The SMSC Standard – ISS Part 2
11. The Safeguarding Standard – ISS Part 3
12. Other Welfare, Health and Safety Standards – ISS Part 3 Continued
13. The Suitability Standards – ISS Part 4
14. The Premises and Accommodation Standard – ISS Part 5
15. The Provision of Information Standard – ISS Part 6
16. The Complaints-Handling Standard – ISS Part 7
17. The Leadership and Management Standard - ISS Part 8

PART THREE – APPLYING THE STANDARDS TO COMMON ISSUES
18. What the Standards Say About Pastoral Care
19. What the Standards Say About Child-on-Child Sexual Abuse
20. What the Standards Say About Special Educational Needs and Disabilities (SEND)
21. What the Standards Say About Mental Health Issues
22. What the Standards Say About Admissions and Exclusions
23. When Things Go Wrong
24. In Conclusion – Future Developments

Sarah McKimm is a lawyer who, after a first career in commercial litigation, has been specialising in education law and children's rights for over 20 years. With her particular expertise in independent education, safeguarding and SEND, she was Deputy General Secretary for the Independent Schools Council and Head of Legal & Policy for the Independent Schools Inspectorate. She participated as a legal representative in the Independent Inquiry into Child Sexual Abuse. Sarah is an experienced governor in state, independent and hospital education.