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England : Organisation/control of education system

Last updated: 13-Sep-2010

2.1 Organisation and control of system/structure
2.1.1 Control
2.1.2 Funding
2.1.3 Private sector education

 

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This information is intended to provide the background context of structure and control, within which the curriculum, assessment and initial teacher training frameworks are implemented.

 

2.1 Organisation and control of system/structure

2.1.1 Control

Education in England is characterised by its decentralised nature. Responsibility for different aspects of the service is shared between central government (the Department for Education, DfE and the Department for Business, Innovation and Skills, BIS), local government (local authorities), churches and other voluntary bodies, the governing bodies of educational institutions and the teaching profession. Overall responsibility for all aspects of education in England lies with the Secretary of State.³⁶

Pre-compulsory education

In April 1999, it became a statutory requirement for all local authorities (LAs) to provide a weekly minimum of 12 and a half hours of early years' education and care for 33 weeks of the year for all 4-year-olds whose parents requested it.  In 2004, this free entitlement was granted to all 3-year-olds in addition.  In April 2006, free early learning and care for 3- and 4-year-olds was extended to 38 weeks each year bringing provision in line with the school year.  It is intended that, by 2010, free provision will be increased to 15 hours each week for 38 weeks of the year; with a longer-term target of 20 hours per week.  There are additional plans to introduce free provision for 15 per cent of 2-year-olds from the most disadvantaged backgrounds. LAs are not expected to deliver all of this provision themselves but to work with private and voluntary sector providers to meet local needs. ⁴¹² 

The 2006 Childcare Act established the Early Years Foundation Stage (EYFS), a framework to support children's development and learning from birth to age 5.  The EYFS brings together and builds on 'Curriculum Guidance for the Foundation Stage' (2000), the 'Birth to Three Matters Framework' (2002), and the 'National Standards for under-8s Daycare and Childminding' (2003). All formal childcare settings are expected to deliver the framework (unless they can provide a good reason for not doing so), and the quality of this delivery will be assessed during Ofsted inspections. ⁴¹³  

In July 2010, the Minister of State for Children and Families announced an independent review of the EYFS. The review will investigate how best to protect young children's safety and welfare and support their learning and development.⁴³⁰

Primary and secondary education

Education in England is characterised by its decentralised nature. Responsibility for different aspects of the service is shared between central government (the Department for Education, DfE and the Department for Business, Innovation and Skills, BIS), local government (local authorities), churches and other voluntary bodies, the governing bodies of educational institutions and the teaching profession. The provision of publicly-financed education in maintained schools has traditionally been the responsibility of local councils (county councils, district councils, and London boroughs).^40,5  Central authorities have the power to intervene if individual local authorities (LAs) or the governing bodies of educational institutions do not discharge their duties satisfactorily.  Overall responsibility for all aspects of education in England lies with the Secretary of State.³⁶

For LA-maintained schools, the responsibility for financial and related administration, maintenance of schools, and the appointment, management, appraisal and dismissal of teachers has, in general, been delegated from LAs to the school governing bodies of the individual schools.⁵

Further education

Further education is defined as education suitable to the requirements of persons over compulsory school age (16 years) (unless it is provided in a school which also educates students of compulsory school age). Further education also includes vocational, social, physical and recreational training, and adult education.¹⁰

In the further education sector, the Department for Business, Innovation and Skills (BIS) is responsible for the broad direction of policy. Between 2000 and 2010, the Learning and Skills Council (LSC) implemented this policy and had statutory obligations for provision.In April 2010, the LSC was disbanded. Responsibility for commissioning and funding provision for 16 to 19-year-olds has transferred to the local authorities (LAs). They are supported in this role by the newly established Young People's Learning Agency (YPLA). For more information visit the YPLA website: http://www.ypla.gov.uk/.  

The administration of individual institutions in the further education sector is the responsibility of the institution's corporation or governing body, the head of the corporation (known as the principal), and its senior management. The principal is responsible for the organisation, direction and management of the institution, including the determination of academic activities, after consulting the academic board, where appropriate, and for student discipline. ³⁶

2.1.2 Funding

Pre-compulsory education

The source of funding varies according to the type of setting:

Since April 1999, local authorities (LAs) have had a statutory duty to provide a "good quality, free" (that is, government-funded), part-time "nursery place for all 4-year-olds whose parents request one". This does not have to be in an LA-maintained nursery school or a nursery class in a primary school, but in any facility ensuring provision in collaboration with the LA.  This requirement was extended to all 3-year-olds in 2004.³⁷

Primary and secondary education

LA-maintained schools

Most publicly-funded schools are maintained by local authorities (LAs).⁹⁸

The LAs meet their expenditure partly from locally raised revenue and partly from general grants received from central government. Most LA-maintained schools receive 100 per cent funding for both recurrent and capital expenditure. Voluntary-aided schools (owned either by school trustees or by the founding body of the school - usually a religious organisation such as the Church of England or the Catholic Church) receive 100 per cent funding for recurrent costs, but are expected to contribute a small proportion (around 10 per cent) of capital costs.⁹⁸  

Additional funding for publicly-funded schools

The 'specialist schools programme', which forms part of the Government's plan to extend choice and diversity, allows schools to specialise in a particular area of the curriculum, such as modern foreign languages, or sciences and technology, while still delivering the full National Curriculum. Such schools receive additional funding from the Government and sponsors in industry who are represented on the school governing body.^41,38,78 (See section 3.2.3 for further information.)

Further education

The Learning and Skills Council (LSC) is currently responsible for the funding and planning of the further education sector. For further information, see the LSC website at http://www.lsc.gov.uk/. 

2.1.3 Private sector education

In general, private education is that which is provided in institutions which are largely privately-funded, receiving most of their income from tuition fees. There is private provision at all levels of education.³⁷

Pre-compulsory education

Private provision at this stage may take the form of day nurseries, (pre-school) play-groups, privately run nursery schools and nursery classes in independent schools. Independent schools must be registered with the Department for Education (DfE). Under the Children Act 1989, private nursery schools and day nurseries must also be registered with the Social Services Department of the local authority.^37,11

The division between public and private provision at this level of education has become less distinct, as a result of the Government's policy of expanding and developing publicly-funded early years education by cooperation with the private and voluntary sectors. ³⁷

Primary and secondary education

Private sector schools in England are generally known as independent schools and, in addition to fees paid by parents may, in some cases, also be funded by donations and grants received from benefactors.³⁷

Although private sector schools in England are usually known as independent schools, some long-established secondary private schools are known as 'public schools'.³⁷

A private or independent school is "any school at which full-time education is provided for five or more children of compulsory school age (5 to 16 years) (whether or not such education is also provided for children over or under that age)", and which is not maintained by a local authority (LA). (Voluntary schools, which are set up and, in many cases, owned by a voluntary body, usually a church body, are considered to be maintained schools rather than independent/private schools, since they are publicly-funded and may not charge tuition fees.)³⁷

Independent schools must be registered with the Department for Education (DfE) and are subject to school inspections.⁶   Reports of such inspections are made public. Where an aspect of education provision is deemed to be unsatisfactory, improvements must be made and a school which fails to meet the required standards may be deleted from the register of independent schools.³⁷

In independent schools, the curriculum and its assessment are normally the responsibility of the governors of the school and are not subject to the National Curriculum requirements of maintained schools. However, the curriculum is one of the major aspects considered in a school inspection, and both the range and the depth of the curriculum offered must be appropriate for the age, aptitude, ability and special educational needs (SEN) of the students in the school. Independent schools are encouraged, but not required, to take part in the end of key stage assessment described in sections 6.2 and 6.3.⁵,¹⁸⁶,¹⁸⁷,¹⁸⁸,⁴⁰

City technology colleges

City technology colleges (CTCs) and city colleges for the technology of the arts (CCTAs) were a category of independent school which existed in urban areas only.  They catered for students of all abilities, aged 11 to 18/19 years. CTCs provided a broadly based education with emphasis on science and technology or, in the case of CCTAs, an emphasis on the technology of the creative and performing arts. Independent of their local authorities (LAs), CTCs and CCTAs were managed by sponsors or promoters, who were expected to meet, or make a substantial contribution towards, the cost of buildings and equipment. The Government provided an annual grant to cover normal running costs including staff salaries, staff development, overheads, equipment and materials, and repairs and maintenance, subject to the school's fulfilling a mutually agreed contract. Unlike other independent schools, these colleges could not charge tuition fees and had to provide the National Curriculum as a condition of their grant.

In all 15 CTCs / CCTAs were created. ³⁷  In 2000, the Learning and Skills Act established academies (see below), following which, twelve of the original CTCs / CCTAs converted to academies.

Academies

Academies (previously known as City Academies) are a type of independent school in England based on the CTC / CCTA model.

The first schools became operational in August/September 2001 and were originally introduced to replace seriously failing publicly-funded secondary schools in urban areas. New academies were established by sponsors from business, faith or voluntary groups working with partners from the local community. Sponsors provide around 20 per cent of the initial capital costs of setting up the academy up to around £2 million. The Department for Education (DfE) funds the remainder of the capital costs. Recurrent costs are funded directly by the DfE at a level comparable to the funding of maintained schools in the local authority area in which the academy is situated. ²⁷⁵ These new academies are set up as a company limited by guarantee with charitable status and has a board of governors responsible for the governance and strategic leadership of the school. ²⁷⁵ 

The new Government, which took office on 11 May 2010 following a General Election, wishes to open up the academies programme in England. The Academies Act became law in July 2010, and enables maintained primary, secondary and special schools to convert to academy status if they wish. This process of conversion is easiest for schools rated as outstanding by Ofsted, the education inspectorate. These new academies will receive their funding directly from central government and are therefore independent of local authority control. Schools with academy status are able to set their own pay and conditions for staff; they have greater control over budgets; they can change the length of terms and school days; and they are not required to follow the National Curriculum. ⁴³¹ 

Like maintained schools, academies are inspected by the Office for Standards in Education (Ofsted). Inspectors are required to report on:

• The quality of education provided by the school.
• The educational standards achieved in the school.
• Whether the financial resources made available to the school are managed efficiently.
• The spiritual, moral, social and cultural development of pupils at the school. ²⁷⁵

Free Schools

The Government also has plans to ensure that new providers can enter the state school system in response to parental demand. Free Schools, as they will be called, can be set up by any suitable proposer including charities, universities, businesses, educational groups, teachers and groups of parents. Free Schools will be state-funded; they will be subject to the same legal requirements and have the same freedoms as academies.

The Secretary of State for Education is considering the first round of proposals to establish Free Schools and it is expected that the first of these schools will begin to open in September 2011. ⁴³³

Post-compulsory

There are a number of independent institutions which offer post-compulsory education. For the most part, these institutions offer an academic education leading to General Certificate of Education Advanced Level (GCE 'A' Level) and General Certificate of Education Advanced Supplementary examinations (GCE 'AS' examinations). There are also a number of specialist institutions, such as secretarial and business colleges and art colleges. Tutorial colleges train students for a particular examination, usually by means of courses of short duration.³⁷

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