Education Act 2011 receives Royal Assent
Receiving Royal Assent on 15 November 2011,
the Education Act is wide-ranging and implements the legislative
proposals set out in the Government’s White Paper, The
Importance of Teaching (first published on 24 November
2010). The Act also contains measures proposed by the
Department for Business, Innovation and Skills and reforms to
higher education funding.
Central objectives set out in the White Paper
include the Government’s intention to empower teachers, release
schools from central control and cut away unnecessary duties,
processes, guidance and requirements. These are embodied in
the Act under four main themes: ‘good behaviour and discipline’,
‘sharper accountability’, ‘freeing up professionals’ and ‘using
resources fairly’.
Practical examples of the Act’s provisions are
set out as follows:
good behaviour and discipline
- New pre-charge reporting restrictions (anonymity for teachers)
on allegations of criminal offences made by pupils against teachers
at their school.
- A power for schools to search pupils without consent for
any dangerous or banned items.
- Repeal of requirement to give notice of detention to parents so
that detentions may be issued without providing 24 hours written
notice.
sharper accountability
- Re-focusing Ofsted routine school inspections on four key
areas.
- A power to exempt outstanding schools and colleges from
routine Ofsted inspections.
- New powers to tackle underperforming schools, including
extended powers for the Secretary of State to close them.
- The abolition of five existing arms-length bodies, with some
functions transferring to new executive agencies (directly
accountable to the Secretary of State).
freeing up professionals
- Reforms to the procedure for the establishment of new schools,
to give preference to Academies and Free Schools.
using resources fairly
- For new higher education students, the lowest earning 25 per
cent of graduates will pay less over their lifetime than under the
current system.
- Free of charge early years provision for disadvantaged
two-year-olds.
Only eight provisions are currently in force;
others will commence within the next two months. Those
relating to the abolition of regulatory bodies will begin at the
end of the financial year and the remaining provisions at the start
of the school year in September 2012.
Blake Lapthorn’s Education
team will track commencement of the provisions and will be
publishing further details assessing the impact of the Act.
