2.1 Organisation and control of system/structure
2.1.1 Control
2.1.2 Funding
2.1.3 Private sector 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 Children, Schools and Families, DCSF and the Department for Innovation, Universities and Skills, DIUS), 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
The law did not previously oblige local authorities (LAs) to make educational provision for children below statutory school age (usually the term after a child's fifth birthday), but LAs made provision for children aged between 2 and 5 years, if they wished to do so.5 LAs did, however, have a duty to secure appropriate provision for children aged between 2 and 5 years who were identified as having special educational needs.37
The School Standards and Framework Act 1998 imposed a duty on LAs to ensure that provision of nursery education in their area is "sufficient to meet the needs of all resident children below statutory school age, but above an age to be specified in regulations laid down under the Act." The lower age limit was 4 in the first instance; provision does not need to be LA provision, neither does it need to be full-time. The statutory duty to ensure at least part-time provision for all 4-year-olds whose parents request it came into effect in April 1999.37 Since 2004, places have also been provided for all 3-year-olds whose parents request one. 276
Since September 2000, the pre-compulsory phase of education from the age of 3 until the child reaches compulsory school age (5) has been known as the foundation stage. The foundation stage is regarded as a distinct phase of education in its own right, as well as as a key phase in preparing children for later school life. Pre-compulsory provision is ensured by Early Years Development Partnerships. Established by the LA, these usually involve the private and voluntary sectors working as pre-school education providers in collaboration with LAs (and consequently receiving some government funding). Early Years Development Partnerships also include local childcare partnerships to help plan and deliver the National Childcare Strategy, see 1.2.2.37 See section 3.2.1 in addition.
With regard to children with special educational needs (SEN), LAs still have a duty to ensure that appropriate provision is made for children between the ages of 2 and 5 who are identified as having SEN.5
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 Children, Schools and Families, DCSF and the Department for Innovation, Universities and Skills, DIUS), 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) which have designated responsibility as local education authorities (LEAs).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 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 Innovation, Universities and Skills (DIUS) is responsible for the broad direction of policy, whilst the Learning and Skills Council (LSC) implements this policy and has statutory obligations for provision. It works alongside a range of other organisations, further education and sixth form colleges and representatives of community groups, to understand, define and meet the training and education needs of those over compulsory school age. Its vision is that by 2010, young people and adults will have the knowledge and productive skills matching the best in the world.41 For further information, see the LSC website at http://www.lsc.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
Pre-compulsory education
The source of funding varies according to the type of setting:
| Nursery education in nursery schools which are maintained schools and nursery classes in maintained schools. | Publicly-funded (via the local authority, LA) |
| Reception classes of primary schools which are maintained schools | Publicly-funded (via LA) |
| Private day nurseries | Parental fees, but some government funding is available for 3- and 4-year-olds if the nursery belongs to an Early Years Development Partnership (see 2.1.1 and 3.2.1). |
| Private schools | Parental fees, but some government funding is available for 3- and 4-year-olds if the school belongs to an Early Years Development Partnership (see 2.1.1 and 3.2.1). |
| Playgroups | Parental fees, but playgroups often pay below market rents for their premises and some groups receive public subsidy. Some also receive government funding for 3- and 4-year-olds if the playgroup is a member of an Early Years Development Partnership (see 2.1.1 and 3.2.1). |
| Local authority day nurseries | Publicly-funded, but some parents pay fees. |
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 as part of an Early Years Development Partnership (see 2.1.1 and 3.2.1) (e.g. a private or voluntary day nursery or pre-school playgroup). 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 current 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 this sector. For further information, see the LSC website at http://www.lsc.gov.uk/.
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 Children, Schools and Families (DCSF). 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
Private day nurseries and private schools are largely funded by parental fees. However, as a result of the Nursery Education and Grant-Maintained Schools Act 19967 and the School Standards and Framework Act 1998,1 Nursery Education Grant is available to all providers (in the voluntary, private and maintained sectors), named in local authority Early Years Development Plans as belonging to an Early Years Development Partnership, and as ensuring provision for 3- and 4-year-old children.37
Playgroups are also largely funded by parental fees,40 although some receive public subsidy via the local authority. Playgroups often pay below market rents for their premises and draw extensively on the goodwill and commitment of the people who work in them, some of whom are not paid at all and most of whom are paid much less than staff with comparable responsibilities in other settings. Fees are therefore usually lower than in private sector schools and nurseries.233
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 Children, Schools and Families (DCSF) 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) are a category of independent school which exist in urban areas only. They cater for students of all abilities, aged 11 to 18/19 years. CTCs provide 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 are managed by sponsors or promoters, who are expected to meet, or make a substantial contribution towards, the cost of buildings and equipment. The DCSF provides 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 may not charge tuition fees and must provide the National Curriculum as a condition of their grant. There are 15 CTCs in operation, including one CCTA. 37
Although city technology colleges (CTCs) and city colleges for the technology of the arts (CCTAs) are legally independent schools, there are major differences between CTCs and CCTAs and other independent schools. CTCs/CCTAs are not registered in the same way as other independent schools; each has a separate agreement with the Secretary of State. CTCs/CCTAs must all have the following characteristics:
Academies
"Academies" are a new type of independent school in England similar to CTCs and CCTAs. The first schools became operational in August/September 2001 and were originally introduced to replace seriously failing publicly-funded secondary schools in urban areas. Academies are 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 Children, Schools and Families (DCSF) funds the remainder of the capital costs. Recurrent costs are funded directly by the DCSF at a level comparable to the funding of maintained schools in the local authority area in which the academy is situated. 275
Each academy is 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
Academies must have the following characteristics:
Like maintained schools, CTCs/CCTAs and academies are inspected by the Office for Standards in Education (OFSTED). Inspectors are required to report on:
In January 2000, there were just over 560,000 students in independent schools (including CTCs and CCTAs). This represented around six per cent of the total number of school students.249
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