Chapter 22.
Extended Schools -
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22 EXTENDED SCHOOLS
CHAPTER
SUMMARY
This chapter explains the governing body’s role in securing
access for pupils to extended services and making decisions on
the form they should take. The governing body must:
·
ensure that
extended services benefit the public and any profits made are
reinvested in the service or in the school;
· ensure
that extended services help promote high standards of education;
· consult
with the Local Authority (LA), school staff, parents of its
school’s registered pupils, registered pupils themselves and any
other persons the governing body considers appropriate;
· have
regard to any advice given to them by the LA and to guidance
that has been issued by the Department for Children, Schools and
Families (DCSF);
· register
daycare facilities provided directly by the school with Ofsted
until September 2008.
GOVERNING BODIES’ POWERS AND DUTIES
The
“Charitable
Purpose”
requirement
1. The
governing body has the power to provide, or enter into contracts
to provide, any facilities or services that will further any
“charitable purpose” for the benefit of pupils at its school,
families of pupils, and people who live and work in the local
community. This power is in addition to governing bodies’
preexisting powers and responsibilities regarding the control
and community use of school premises (see chapter 21 of this
Guide on Control and Community Use of School Premises).
2. The
phrase “charitable purpose” has particular legal meaning that
does not coincide with its popular meaning. To be “charitable”
in this sense, the activity must benefit the public or a section
of it and either:
·
relieve poverty;
·
advance
education;
·
advance
religion;
or
·
be for another
purpose that the law recognises as charitable.
Most services
and activities that schools want to provide, for example,
childcare, adult and family learning, colocated health and
social services, parenting support and other facilities of
benefit to the local community, such as credit unions or ICT
access, are charitable in this sense. Any profits that a school
may make from providing such services must be reinvested in the
service or in the school.
3. To
further such activities a governing body may incur expenditure,
provide services, commission others to provide services, enter
into legal agreements and charge for services or facilities
subject to certain limitations.
Restrictions on
extended services
4. A
governing body cannot engage in any activity that might
interfere with its duty to conduct the school with a view to
promoting high standards of educational achievement at the
school. The governing body’s use of the power is also subject to
any limits or restrictions contained in the school’s instrument
of government or in its trust deed (if it has one) and to any
local directions issued by the LA regarding the control of
school premises.
5.
Before implementing any plans to provide facilities or services
using the power, the governing body must consult the LA, school
staff, parents of its registered pupils, registered pupils
themselves (where this is appropriate) and any other persons the
governing body considers appropriate. The governing body must
also have regard to any advice given to it by the LA and to
guidance that has been issued by the DCSF.
6. There
is a wide range of guidance available on the provision of
services, as detailed at the end of this chapter. This provides
advice on a number of practical issues such as:
·
partnership
working and relationships with other agencies
·
access to
funding sources
·
governance
arrangements
·
finance
·
staffing
·
health and
safety
·
security
· premises
and related issues.
Separate, but connected guidance on developing childcare
provision in schools is also available. Further information on a
series of topics relating to extended schools, including a guide
on governors’ roles and governance, is available on the
TeacherNet website.
OFSTED
REGISTRATION AND INSPECTION FOR CHILDCARE FACILITIES
7. Until
September 2008, daycare facilities for children under the age
of eight provided directly by schools have to be registered with
and inspected by Ofsted under
Part 10A of the Children Act
1989.
Ofsted’s registration and inspection process is based on an
assessment of compliance with the National Standards for Day
Care and Childminding and includes checks to ensure that those
working in the facility are suitable to do so and that the
premises are suitable. Criminal Records Bureau checks form part
of this process. Following the
Education Act 2005,
all inspections of early years education are being combined with
childcare inspections where possible so that the majority of
providers, including schools, get a single inspection event and
report every three years.
8. From
September 2008, childcare that is not provided directly by a
school will be required to be registered by Ofsted under the
Childcare Act 2006.
Childcare provided by the school for children from birth to
three must be registered. However, childcare provided by the
school for children over three will not be required to be
registered. Childcare that is provided directly by a school
means childcare that is provided by the school’s governing body,
on or off the school site, where at least one pupil of the
school attends. School childcare will still be expected to meet
the requirements of registration and will be inspected through
the school inspection system. Parents will still be able to use
tax credit and employer supported childcare vouchers for that
childcare.
9. Since
April 2007, childcare that is not required to be registered by
Ofsted can be registered on the voluntary part of the Ofsted
Childcare Register, under the
Childcare Act 2006.
Care that is not currently required to be registered is care
that is activity based, provided in the child’s own home (e.g.
nannies) or for children aged eight and over. Where a school
engages childcare providers who are not required to be
registered by Ofsted, it is advised only to work with providers
who are registered on the voluntary part of the Ofsted Childcare
Register.
SURE START
CHILDREN’S
CENTRES
10.
Throughout the country there are
growing numbers of Sure Start Children’s Centres, providing
integrated services to the families of children up to the age of
five. Increasing numbers of these will be co-located with
schools, but there may be differing types of relationships
between the school and children’s centre. These give rise to
challenges in how these services are governed. There are a
number of different models that schools may wish to adopt,
depending on the circumstances.
· The
children’s centre advisory board may be completely separate from
the school governing body.
· The
governing body may take on the role of the children’s centre
advisory board.
· The
governing body may run the children’s centre through its
extended services powers under the
Education Act 2002 and have a
children’s
centre advisory sub-committee.
· The
governing body may form a joint committee with the governing
bodies of other schools and have a joint advisory board.
More details are available in the guidance on
governance of Sure Start Children’s Centres and Extended
schools.
THE DISABILITY
DISCRIMINATION ACT 1995 (DDA) AND EXTENDED SERVICES
11.
In the
DDA
schools have duties under
Part 2
as employers, under
Part 3
as service providers (and in due course, as public authorities)
and under
Part 4
as education providers. When governors of extended schools
provide extended services, they will need to be clear as to
which part of the Act is engaged and impacts upon their
functions and responsibilities towards disabled pupils, users or
employees. It is possible that governors’ responsibilities might
change according to the service being delivered, and why and to
whom it is being delivered.
12.
Governors will also need to establish, when services are
provided by a third party on schools’ premises, either
independently of the school or on behalf of the school, who,
under the DDA, will be regarded as the service provider with the
responsibility to make “reasonable adjustments” and/or access
improvements. This will ensure that disabled people are not
unjustifiably discriminated against in their access to the
service. This is a complex area of the law and governors might
find it prudent to obtain expert advice.
THE LAW
N.B. As
legislation is often amended and Regulations introduced, the
references made in this Guide may be to legislation that has
been superseded. For an up-to-date list of legislation applying
to schools, please refer to the GovernorNet website,
www.governornet.co.uk
Education Act 2002:
Sections
27
and
28,
Schedule 1,
Paragraph 3(1) and
Schedule 3, Paragraphs 2–5
Children Act 1989, Part 10
(as amended by the
Care Standards Act 2000)
GUIDANCE
An Introduction to Extended Schools: providing opportunities and
services for all
Extended Schools: access to opportunities and services for all:
a prospectus
Planning and funding extended schools: a guide for schools,
local authorities and their partner organisations
Governance Guidance for Sure Start Children’s Centres and
Extended Schools
Childcare in Extended Schools: providing opportunities and
services for all
Know how
leaflet:
Governors’ roles and governance
Further
information and leaflets are available at
Extended schools practical know how on the TeacherNet
website.
DCSF guidance:
Implementing the Disability
Discrimination Act in schools and early years settings: a
training resource for schools and local authorities
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