Commentary Part 9: Miscellaneous Section 169: Prohibition on participation in management of independent school
665.Section 169 inserts new sections 167A to 167D into Part 10 of the 2002 Act (Independent Schools). These sections prohibit or restrict unsuitable persons from taking part in the management of independent schools.
666.Section 167A provides for an appropriate authority to direct that a person be prohibited from taking part in the management of an independent school. The appropriate authority may also direct that a person may take part in the management of an independent school only in specified circumstances or if certain specified conditions are met. Subsection (2) of section 167A provides that a direction may only be made on a ground or grounds, which will be prescribed, connected with the suitability of the person to take part in the management of such a school. Subsection (3) provides that regulations may prescribe the procedure for making such a direction.
667.Subsection (6) of section 167A defines the appropriate authority in respect of both England and Wales. In both cases the appropriate authority will be the registration authority for the purposes of the register of Independent Schools (the Secretary of State in the case of England, or the National Assembly for Wales) or such other public authority as may be prescribed.
668.Subsections (4) and (5) of section 167A provide a power for the appropriate authority to vary or revoke a direction on grounds which may be prescribed.
669.Section 167B provides a right of appeal to the tribunal established under section 9 of the Protection of Children Act 1999, the Care Standards Tribunal. A person may appeal against a direction and a refusal to vary or revoke the direction in question. Subsection (2) allows regulations to prescribe the circumstances in which the Tribunal must allow an appeal and the powers available to the Tribunal on allowing such an appeal. Regulations may also provide that the Tribunal cannot entertain an appeal in circumstances where the appellant’s case would be inconsistent with his previous conviction of an offence.
670.Section 167C provides powers for the exchange of information between relevant bodies in connection with the direction making power contained in section 167A. Subsection (1) allows the Secretary of State to provide to the appropriate authority information which he holds in connection with certain of his functions relating to the protection of vulnerable persons under the Protection of Children Act 1999, the Care Standards Act 2000 and the 2002 Act. The Secretary of State may also pass to the appropriate authority information held in connection with his function as the registration authority for Independent Schools in England. Subsection (2) similarly allows the National Assembly for Wales to provide to the appropriate authority information it holds in connection with its functions as the registration authority for Independent Schools in Wales.
671.Subsection (3) of section 167C permits the Independent Barring Board (created by the Safeguarding Vulnerable Groups Act 2006) to provide information to the appropriate authority. Subsection (4) permits the appropriate authority to share information it holds in connection with its functions with the Independent Barring Board, the General Teaching Council for England, the General Teaching Council for Wales, the Secretary of State and the National Assembly for Wales.
672.Section 167D sets out the notification requirements on the appropriate authority where a direction is made, varied or revoked. Subsection (1) provides that where the appropriate authority for England makes a relevant decision, it must notify the registration authority for England (unless the appropriate authority is the registration authority by virtue of section 167A(6)) and ensure that the appropriate and registration authorities for Wales are notified of the decision. Subsection (2) imposes similar notification requirements on the appropriate authority for Wales where it makes a relevant decision. The authority must ensure that the registration authority for Wales and the appropriate and registration authorities for England are notified of the decision.