Non-state actors in education
England
2.2 Non-state education provision
3.1 Regulations by distinct levels of education
- Early childhood care and education (Entry/Establishment ○ Financial operation ○ Quality of teaching and learning ○ Equitable access ○ Quality assurance, monitoring and accountability)
- Primary and secondary education (Entry/Establishment ○ Financial operation ○ Quality of teaching and learning ○ Equitable access ○ Quality assurance, monitoring and accountability)
- Tertiary education (Entry/Establishment ○ Financial operation ○ Quality of teaching and learning ○ Equitable access ○ Quality assurance, monitoring and accountability)
3.3 Supplementary private tutoring
In England, non-state schools are legally referred to as “independent schools”. The Education Act 1996 (as amended in 2021), applicable to both England and Wales, defines an independent school as “any school at which full-time education is provided for five or more pupils of compulsory school age and which is not a school maintained by a local authority or a non-maintained special school” (which is independent of local authority control and which operates on a not-for-profit basis). A “proprietor” in relation to a school (or Academy) means “the person or body of persons responsible for the management of the school [or Academy]” which, in relation to community, foundation, voluntary, or foundation special schools, “means the governing body”. The Academies Act 2010 (applicable only to England) defines an “academy” as “an educational institution to which Academy arrangements relate”. According to the School Standards and Framework Act 1998 (applicable to both England and Wales), a school maintained by local education authorities (“maintained school”) can be a community school, foundation school, voluntary school (comprising of voluntary aided schools and voluntary controlled schools), community special school, and a foundation special school. A “foundation” in relation to a foundation or voluntary school is defined as “any body of persons (whether incorporated or not but excluding the governing body) which holds land on trust for the purposes of the school or a foundation body”. A “foundation body” is then defined as “a body corporate established under this section to perform, in relation to three or more schools each of which is either a foundation or a voluntary school, the following functions, namely (i) to hold property of those schools for the purposes of the schools, and (ii) to appoint foundation governors for those schools”. The Education (Independent School Standards) Regulations 2014 (applicable only to England) similarly defines a maintained school as “a community, foundation or voluntary school or a community or foundation special school”, defining a “school” as “an independent educational institution that is an independent school, or an alternative provision Academy that is not an independent school”.
At the early childhood care and education level, the Childcare Act 2006 defines an “early years provider” as “a person who provides early years provision”, including “those in the private and voluntary sector”, and a “registered early years provider” as “a person registered under Part 3 of the Childcare Act 2006”. At the higher education level, the Education Reform Act 1988 defines a “higher education corporation” as a “body corporate established under section 121 or 122 of this Act which has become a higher education corporation by virtue of section 122A of the Act”.
2.1 State education provision
State schools
In 2020/2021, state-funded schools (which include maintained schools and academies) accounted for most schools (89.8%) and enrolments (93.5%) at primary (ages 5 – 11) and secondary (ages 12 – 16) level in England. Education is compulsory from the ages of 5 – 16 (Education Act 1996), while there is a requirement for young people aged 16 – 18 to participate in either full-time education, an apprenticeship/traineeship, or a minimum of 20 hours per week working/volunteering while in part-time education or training in accordance with the Education and Skills Act 2008.
The English school system is characterized by a “dual system” of state-funded schools (maintained schools and academies), almost all of which are mixed-sex. Maintained schools include community schools, voluntary schools, and foundation schools, out of which only community schools are owned by the state (land and buildings), with the rest being maintained/funded by the state but owned by non-state actors (see non-state education provision). Community schools are fully funded by the central government through local authorities (covering both revenue and capital expenditure). See ‘non-state managed state schools’ for information on academies (and free schools).
England also has several grammar schools at secondary level (which can be owned and run by local authorities, foundations, or academic trusts), which are the only state-funded schools permitted by law to select their students based on academic ability (usually at the age of 11) through their performance on an entrance exam. Grammar schools do not charge tuition fees. In January 2019, approximately 5% of state-funded secondary students attended 163 grammar schools in England.
Non-state managed, state schools
Academies (which include sponsored academies, converter academies and free schools) are run by non-profit academy trusts (charitable companies limited by guarantee) and remain independent from the state in terms of curriculum and organization. These schools have individual funding arrangements directly with the Secretary of State and do not charge tuition fees. Academies can be organized into academy chains, which are groups of academies working together under a shared structure that is either a multi-academy trust (MAT) or umbrella trust, with academy trusts entering into an agreement with the Secretary of State to run one or more academies. Approximately two-thirds of academies in England operate as part of MATs.
Sponsored academies are (usually) low-performing maintained schools which have converted to academy status with the support of a sponsor (such as a charity, philanthropist, or other school), while converter academies are (commonly) high-performing schools which voluntarily converted to academies since 2010. Free schools are academies established as entirely new provision (i.e. not established through the conversion of an existing maintained school). Finally, alternative provision academies provide education to students who would otherwise not receive suitable education due to illness, exclusion, or inability to attend a mainstream school (similar to pupil referral units which are legally maintained schools). Academies can also be boarding schools (which only charge fees for boarding), grammar schools, or faith schools.
There are many possible tenure types for academies, depending on the school’s history, who owned the land and buildings prior to conversion, and negotiated terms. The most common tenancy form is the school holding their site on long leases from the local authority for a nominal charge (therefore operating on state-owned and state-funded land).
In January 2019, nearly 3.8 million students attended academies and free schools in England (mostly at secondary level), accounting for 29.7% of primary students and 72.3% of secondary students. In November 2020, 36.3% of primary schools and 78.1% of secondary schools in England were academies or free schools.
Non-state funded, state schools
No information was found.
2.2 Non-state education provision
Independent, non-state schools
There is a strong tradition of non-state education in England, which predates state-funded provision. Independent schools (legally termed ‘independent’ and commonly referred to as ‘private schools’) do not receive any state funding, charge fees for attendance, and remain independent from state control. These schools (which can either be day or boarding schools) are not obliged to follow the national curriculum (similar to academies), many of which reflect specific educational philosophies and pedagogies (such as Steiner Waldorf schools or faith-based schools). Over 40% of independent schools inspected by the Office for Standards in Education, Children’s Services and Skills (Ofsted in 2019 were special schools, with nearly half the remaining schools being faith schools. Muslim schools are the largest group of faith schools (48%), following by Christian schools (31%) and Jewish schools (20%).
A small number of low-fee private Christian schools has also been distinguished in research, which are owned by NGOs and community groups. These schools usually provide education to students who may not afford traditional elite private schools, but who are able to spend a relatively smaller amount of money on schooling. While these schools are classified as “low-fee” in the literature, it is recognized that there are considerable differences in the economic and social contexts in which they operate (compared to traditional low-fee private schools in lower income countries).
Most independent schools in the United Kingdom (UK) (72%) are registered as charities, with 75.4% of all independent schools in England registered as non-profit entities (and 24.6% as for-profit companies). All non-maintained (independent) special schools operate on a non-profit basis. In 2020, independent schools accounted for 10.2% of all primary and secondary schools and 6.5% of total enrolments. The majority of independent schools in England are members of the Independent School Council (ISC), with most ISC schools in the UK (55%) located in Southern England (London, the South East, and South Central).
State-funded (government-aided), non-state schools
In England (and Wales), government-aided non-state schools form part of the maintained school system and include voluntary aided schools, voluntary controlled schools, and foundation schools. Most of these schools have a religious character and are designated as faith schools. Most faith schools in England are associated with the Church of England or the Roman Catholic Church, with also a small number of Jewish, Muslim, Sikh and Hindu schools. The religious character of the school may be reflected in its religious curriculum, admission criteria and staffing policies. In 2019, approximately a third of primary schools (37%) and a fifth of secondary schools (18%) were classified as faith schools in England (catering to 28% of primary and 18% of secondary students). Most of these schools (26%) were Church of England schools at primary level, with 9% Roman Catholic schools at secondary level. Non-Christian faith schools made up less than 1% of all state-funded schools.
Voluntary aided schools are owned by school trustees or the founding body of the school (such as the Church of England, the Catholic Church, or other faiths) and receive full funding from the state for revenue expenditure (contributing only a small proportion to capital costs). The governing body of these schools employs their own staff and is the admission authority of the school.
Voluntary controlled schools are similarly owned by the school trustees of founding body of the school. These schools receive full funding from the state (which covers both recurrent and capital expenditure), with the state (through local authorities) controlling their admissions and employing their staff.
Foundation schools (which include trust schools) are funded similar to community schools (with all their revenue and capital costs covered by the state) but employ their own staff and are their own admission authorities.
Contracted, non-state schools
No information was found.
2.3 Other types of schools
Homeschooling
While education is compulsory in England, school attendance is not. According to the Education Act 1996 (as amended in 2021), parents have the right to educate their children at home without seeking approval or being qualified teachers. Home educated children are not required to follow the national curriculum, with parents taking full responsibility for the education of their child. Reasons for educating a child at home may include religious or ideological beliefs, dissatisfaction with the school system, distance to a local school, bullying, health reasons (including mental health), or special educational needs.
During the COVID-19 outbreak in 2020, the Department of Education published guidance for school leaders, teachers, and school staff on remote education and online learning (including guidance on how to support pupils and students with special educational needs and disabilities) and safe working and protective measures.
Market contracted (Voucher schools)
No information was found.
Unregistered/Un-recognized schools
According to the Annual Report of Her Majesty’s Chief Inspector of Education, Children’s Services and Skills 2018/19, an unregistered school is defined as a “setting that is operating as a school without registration”. In England, it is illegal to operate an unregistered school, as these schools have no oversight over safeguarding, health and safety, or the quality of education, so children attending them are considered to be at risk. In January 2016, the Office for Standards in Education, Children’s Services and Skills (Ofsted) set up a task-force to investigate possible unregistered schools in England (with most investigations and suspected unregistered schools in London), with 640 referrals from a variety of sources. The types of settings investigated included general education, alternative provision, religious instruction, tuition centres, children’s homes, and other settings. Over 50% of investigated settings were issued a warning to comply with the law, 14% closed down, and another 12% registered as a school. Inspections mainly found issues in safeguarding or health and safety in these settings (with around three quarters of schools reported as having safeguarding concerns). Providers that operate outside the law may be prosecuted. During these investigations, it was also found that in many cases parents that claim to be home-educating their children are actually sending them to unregistered schools. In over a quarter of inspected unregistered schools, all or some of the children present were home-educated. Since 2016, Ofsted publishes management information on unregistered schools each year.
England is a constituent part of the United Kingdom of Great Britain and Northern Ireland (UK), the political union between England, Wales, Scotland, and Northern Ireland. The UK is a sovereign state. However, unlike Scotland, Wales and Northern Ireland, England does not have a devolved government, with legislation passed by the UK Parliament in Westminster, London.
The UK’s Department for Education (DfE) is responsible for the whole education system in England (including state and non-state provision) from early childhood to higher education level, with the Secretary of State for Education responsible for the work of the DfE (supported by 5 ministers). DfE is responsible for all schools in England, including maintained schools (community, voluntary, and foundation), academies, free schools, and independent schools. The Parliamentary Under Secretary of State (Minister for the School System) is specifically responsible for academies, free schools, independent schools, faith schools, and home education.
The DfE is supported by 18 agencies and public bodies, such as the Office for Standards in Education, Children’s Services and Skills (Ofsted) (the national inspectorate), the Office of Qualifications and Examinations Regulation (Ofqual) (responsible for regulating qualifications and assessments), the Office for Students (OfS) (which regulates higher education in England) and the Education and Skills Funding Agency (ESFA).
At the local level, there are 150 local authorities (either county councils or unitary authorities) which are responsible for implementing and administering central policy with their own statutory powers and responsibilities, responsible for educational institutions from early childhood to secondary level (state and non-state) in their area.
Moreover, in response to the government’s policy of increasing the number of academies and decreasing the direct involvement of local authorities in schools, 8 Regional Schools Commissions (RSCs) have been established to monitor academies and academy trusts under the Education and Adoption Act 2016 in the name of the Secretary of State. Alongside MATs which are responsible for groups of academies (academy chains), RSCs operate as the ‘middle tier’ between central government and individual academies.
The Independent School Council (ISC) is an umbrella organization representing independent schools in the UK. The operation of academies is overseen by ESFA, Ofsted, and Regional Schools Commissioners (DfE appointees).
Vision: Non-state education has a long tradition in England, and various non-state actors are supported through government funding to establish and maintain schools such as voluntary schools, foundation schools, academies and free schools. The government has introduced various policies to increase the number of schools operating as academies and free schools in England and decreasing the direct involvement of local authorities (often viewed as a “move towards deregulation of the education system”). This is reflected in the Every School an Academy: The White Paper Proposals 2016 which envisions a “move to an all-academy system” and a significant restructure of the role of local authorities in the education system. The Educational Excellence Everywhere planned to convert all existing maintained schools into academies, which was enabled (in certain cases) through the Education and Adoption Act 2016 that aimed to “build capacity in the system and encourage schools to convert voluntarily”. In May 2018, the DfE issued the Principles for a clear and simple accountability system, which stated that conversion to academy status would only be mandated where Ofsted had judged a maintained school as ‘inadequate’.
3.1 Regulations by distinct levels of education
In England, early childhood care and education (ECCE) caters to children aged 0 – 5 and is provided in group or school-based settings. Group-based settings include private (61%), voluntary (35.7%) and other services (3.3%). Private group settings (which are offered by for-profit or non-profit private companies) cover most enrolments, with 71.7% of children enrolled in a private ECCE setting, followed by 28.3% in voluntary settings. Voluntary ECCE services are provided by voluntary organizations, including charities, churches, religious groups, or community groups. School-based settings include nursery provision in state-funded and independent schools, while some ECCE services are also offered by childminders.
Although participation in ECCE is voluntary, most children attend some form of preschool or nursery education (either full-time or part-time) until the start of compulsory education, with two-thirds of 3- and 4-years olds accessing funded ECCE provision in 2021 (which includes maintained, private, voluntary, and registered childminder settings). Part-time ECCE provision is funded by the state for all children from age 3 and for disadvantaged children from age 2 (in all types of settings). Outside the state-funded provision, parents can choose to pay for private ECCE through private nurseries, childminders or nannies.
Registration and approval: The registration and regulation of all ECCE providers (state and non-state) in England is mainly covered by the Childcare Act 2006, Childcare Act 2016, and the Statutory Framework for the Early Years Foundation Stage 2017. Any person providing ECCE services that falls under the definitions and categories listed in the Act is required to be registered with the Chief Inspector of the Office for Standards in Education, Children’s Services and Skills (Ofsted) and meet the minimum standards in safety, environment, infrastructure, and equipment set out in the Statutory Framework for the Early Years Foundation Stage 2017. The learning and development requirements that must be met are collectively referred to as the Early Years Foundation Stage. Childminders can either by registered in the Ofsted Early Years Register or with a childminder agency that is registered with Ofsted. Independent schools and academies that cater to children aged 2 and above are exempt from registration with Ofsted as early years providers and may simply be registered as independent schools or academies (see primary and secondary education). The Childcare (Exemptions from Registration) Order 2008 specifies the conditions under which ECCE providers are not required to register.
Licence: If the Chief Inspector is satisfied that the minimum registration requirements have been met, the applicant is granted a certificate of registration.
Profit-making: Profit-making is not regulated at the ECCE level in England, with registered (and state-funded) providers permitted to be for-profit or non-profit entities.
Taxes and subsidies: Local authorities are legally responsible for securing a free entitlement place for every eligible child in their area (also referred to as a ‘free place’ or ‘free hours’), which includes partnering with private, voluntary and childminding providers to secure funded places (through provider agreements). All registered ECCE providers are eligible to receive annual government funding (irrespective of ownership) in exchange for offering free part-time ECCE provision, provided they comply with the statutory requirements of the common regulatory framework for the Early Years Foundation Stage. This model intends to promote fair and transparent funding that supports a diverse range of providers, enabling parents to choose the provider that best meets their needs. Funded provision includes a 15-hour entitlement for the most disadvantaged 2-year-olds (targeted entitlement), 15-hour entitlement for parents of 3 and 4 year olds (universal entitlement), and 30 hours entitlement for working parents of 3 and 4 year olds (extended entitlement). The School Standards and Framework Act 1998 sets out the legal framework for financial assistance to providers, with the Education and Skills Funding Agency (ESFA) responsible for funding providers. The School and Early Year Finance (England) Regulations 2018 set the locally agreed formula to distribute funding to all types of ECCE providers, including maintained, private and voluntary sectors.
Quality of teaching and learning
Curriculum and education standards: The Early Years Foundation Stage Statutory Framework set out in the Early Years Foundation Stage (Learning and Development Requirements) Order 2007 is mandatory for all schools that offer funded ECCE services and all Ofsted-registered ECCE providers in England (including private and voluntary settings). The framework includes seven learning and development areas and educational programs, early learning goals, and assessment requirements, setting standards for the learning, development and care of all children aged 0 – 5 and regulating ECCE provision across all settings.
Teaching profession: The Statutory Framework for the Early Years Foundation Stage 2017 sets the minimum qualification level for ECCE staff, as well as child-staff ratios. The DfE also maintains the Early Years Qualifications List, with all providers (irrespective of ownership) responsible for ensuring their staff are qualified and experienced for their roles. In group settings, at least half of the staff must hold a minimum level 2 qualification. Childminders are checked by Ofsted and must have completed relevant training.
Fee-setting: Government funding to ECCE providers is intended to cover the cost of 15 or 30 hours a week of free, high-quality childcare, while parents whose income is below a certain level are eligible for extra tax credits (Tax-Free Childcare) to pay for their childcare costs. Providers are allowed to charge extra for meals, snacks, and consumables (such as nappies) as part of the free entitlement place, or additional hours of childcare. However, all providers must be completely transparent about these extra charges, which must be all voluntary for the parent. Top-up fees or registration fees as a condition of securing a child’s free place are prohibited. Local authorities may not intervene in any extra charges providers may choose to offer, provided this does not affect the parent’s ability to take up their child’s place.
Admission selection and processes: Private, voluntary, and independent ECCE providers are free to set their own admission criteria, provided they comply with relevant legislation on equality and non-discrimination, such as the Equality Act 2010 and the Special Educational Needs and Disabilities (SEND) Code of Practice 0-25 years. Providers must ensure that their admissions information is clear and accessible to parents, while all parents should have equal rights to access a free entitlement place in the service (if funded). The state is committed to promoting inclusion for children with SEND by removing any barriers that prevent these children to access free places. All children are entitled to a full-time school place in reception class at age 4 in accordance with the School Admissions Code (with free part-time provision ending once the child takes up a place in the reception class).
Policies for vulnerable groups: All funded ECCE providers are required to have arrangements in place to support children with special educational needs and/or disabilities. This includes complying with the (SEND) Code of Practice 0-25 years, identifying a member of staff to act as Special Educational Needs Coordinator, and passing on the Disability Access Fund for eligible children (which supports providers to offer these children places). Moreover, the Early Years Pupil Premium is available to all 3 – 4-year-olds whose parents are in receipt of particular state benefits or children who have been previously looked after.
Quality assurance, monitoring and accountability
Reporting requirements: All funded ECCE providers (irrespective of ownership) are accountable to the local authority for complying with their provider agreement and are required to keep financial and non-financial records relating to free entitlement places. Providers must ensure that their invoices and receipts are transparent, clear and detailed, allowing parents to see that their free entitlement has been received completely free of charge and understand any additional optional fees paid for extra hours. Moreover, funded providers (including registered childminders) are required to complete the early years census which collects information on staff qualifications, the number of children taking up entitled places, and children accessing Disability Access Funding from the local authority.
Inspection: Ofsted is responsible for inspecting ECCE providers (state, private, and voluntary) in accordance with the Education Inspection Framework (EIF) (having replaced the common inspection framework), the Statutory Framework for the Early Years Foundation Stage 2017, and the Childcare Act 2006. The local authority can also carry out checks and audits on ECCE providers to ensure they maintain compliance with the requirements for funded entitlement.
Child assessment: The Statutory Framework for the Early Years Foundation Stage 2017 includes requirements for ongoing child assessment (also referred to as formative assessment), which involves practitioners observing children to understand their learning style, achievement level, and interests. Progress must mainly be assessed at age 2 (through a written summary of the child’s key development) and at the end of the early years foundation phase (at age 5), with a profile completed for each child reflecting ongoing observation, records, and discussions with parents and carers. The government also plans to introduce a ‘baseline assessment’ for children in reception class to improve the effectiveness of assessment arrangements in testing a child’s school readiness.
Sanctions: If funded ECCE providers breach any of the statutory requirements, Ofsted may terminate the provider agreement and withdraw the funding. Providers may also be disqualified from registration as early years providers or have their registration cancelled by the Chief Inspector in accordance with the Childcare Act 2006.
Registration and approval: All independent schools must be registered with the Department for Education (DfE) and meet the quality standards set out in the Education (Independent School Standards) Regulations 2014. Applicants can be individuals or a body of persons (corporate or unincorporate). Standards are examined by Ofsted before an application for registration is approved. The Secretary of State may prohibit a person from taking part in the management of an independent school in accordance with the Independent Educational Provision in England (Prohibition of Participation in Management) Regulations 2014. Independent schools are not required to pay a registration fee in order to be registered or meet specific standards in classroom size.
There are three routes for the establishment of an academy, the ‘converter academy’ and ‘sponsored academy’ routes (in which existing maintained schools are converted into academies) and the free school route (in which completely new schools are established as academies). Free schools (new academies) are established on the basis of the ‘free school presumption’ or the central free schools program. The free school presumption entails a local authority identifying a need for a new school and making proposals to establish the new school as a free school in accordance with the Education Act 2011. To increase diversity and school choice, the local authority takes any necessary steps to ensure that the widest possible range of groups or organizations that may be interested in establishing the school are aware of the opportunity to do so and develop proposals. The central free schools program allows providers to apply to one of DfE’s free school application rounds. Local authorities are responsible for providing the site for the new school and meeting the associated capital costs. Free schools must go through the registration requirements for independent schools, but are inspected by Ofsted under the same inspection framework as maintained schools. Academy trusts (charitable companies limited by guarantee) govern academies, which may include a single legal entity responsible for one academy (standalone academy trust) or a single legal entity taking responsibility for more than one academy (MAT). The Academies Act 2010 enables the governing body of any existing maintained school to apply to convert the school into an academy (converter academies) while the Education and Adoption Act 2016 authorizes the Secretary of State to make an academy order (and convert a maintained school into an academy) where a school has been judged to be ‘inadequate’ (with serious weaknesses or requiring special measures) by Ofsted (sponsored academies). The latter is the only mandatory route to academization.
The School Standards and Framework Act 1998 includes the framework for the establishment of voluntary schools and foundation schools, where providers are required to apply to the local authority and meet the minimum standards that apply to state schools (including limit in classroom size).
Licence: Schools that meet the minimum standards are granted registration by the Department of Education (independent schools and state-funded schools).
Water, sanitation and hygiene (WASH): According to the Education (Independent School Standards) Regulations 2014, all independent schools are legally required to have suitable toilet and washing facilities for students (which are separated by sex and separately provided for students with disabilities). Moreover, suitable drinking water facilities must be provided that meet the minimum standards set in regulations.
Profit-making: Academies (including free schools), foundation schools and voluntary schools must be run by non-profit, charitable companies. Independent schools can be operating for-profit or not-for-profit (with no prohibition on profit-making in regulations). However, over 70% of Independent School Council member schools have charitable status (registered as charities under the Charities Act 2011), which obliges these schools to operate in the ‘public benefit’. Due to the advancement of education being deemed a ‘charitable purpose’, independent schools are capable of being charities, provided they can demonstrate by law that they are of the ‘public benefit’. There is no statutory definition of what ‘public benefit’ means. Independent school charitable activities may include fee assistance schemes, partnering with maintained schools, or giving students of maintained schools access to some of their classes. It should be noted however that, in practice, independent schools registered on a “non-profit” basis (charities) may have operational profit, while for-profit independent schools may opt to be classified as “for profit” entities primarily to increase their operational autonomy and reduce regulation associated with charities”.
Taxes and subsidies: Independent schools do not receive any government funding, although schools which are registered as charities under the Charities Act 2011 benefit from tax concessions. Independent schools are mainly funded through tuition fees, gifts, and endowment investments. Academies (including free schools) have individual funding arrangements directly with the Secretary of State through the Education and Skills Funding Agency (ESFA) based on the General Annual Grant allocation guides for academies. In the establishment of new academies (free schools), local authorities are additionally required to meet the revenue costs of the new provision, which include per-student revenue funding and all funding for pre-opening and post-opening development costs. Maintained schools (including voluntary schools and foundation schools) are ‘maintained’ by the local authority, with the local authority directly funding these schools based on their legal category. All voluntary and foundation schools receive full funding for revenue expenditure, but voluntary aided schools are expected to contribute a small amount (usually 10%) to their capital costs. Moreover, schools receive ‘school condition funding’ each year for the maintenance of the school estate (grounds and buildings). School budgets are allocated on the basis of a block grant to cover all recurrent/revenue costs, including teacher salaries, books and other material, as well as repairs and maintenance. In 2018/2019, the government introduced a new national funding formula known as the Dedicated Schools Grant which allocates 4 ‘blocks’ of annual funding to local authorities for schools, high needs students, central school services (for both maintained schools and academies), and an early years block, as defined in in the School and Early Years Finance (England) Regulations 2018 and Schools Revenue Funding 2019 to 2020 Operational Guide. Finally, a system of targeted funding known as the Pupil Premium allocates additional funding to maintained schools and academies (including free schools) for each student identified as disadvantaged (such as those under the care of social services or from low-income families).
Quality of teaching and learning
Curriculum and education standards: Independent schools are not required to follow the national curriculum, which remains the responsibility of each school provider. However, both the range and depth of the curriculum offered in independent schools must be appropriate for the age, ability, aptitude and any special educational needs of the students in the school and not undermine the fundamental British values of democracy, individual liberty, and rule of law, meeting the standards stipulated in the Education (Independent School Standards) Regulations 2014. Schools may teach in a language other than English, but in this case, there should be lessons in written and spoken English. Academies (including free schools) are similarly not required to follow the national curriculum, although they are legally bound to offer a broad and balanced curriculum which includes courses in English, mathematics, sciences, and religious education and (as of September 2020) Relationships and Sex Education and health education. The legal basis for the curriculum of academies is covered in the Academies Act 2010 and the individual school’s funding agreement with the Secretary of State. In practice, most academies partially follow the national curriculum. Maintained schools (including voluntary and foundation schools) are the only schools in England that are legally required to follow the national curriculum. The provision of religious education in faith schools varies depending on the school’s legal basis. Voluntary aided schools with a designated religious character (faith schools) may determine the syllabus for religious education in accordance with the trust deed of the school and the school’s designated religion. Foundation and voluntary controlled schools with a designated religious character are required to follow the locally agreed syllabus for religious education, with parents having the right to request their child to be taught in accordance with the school’s designated religion.
Textbooks and learning materials: There are no prescribed textbooks or learning materials for primary students in England in maintained schools, academies, or independent schools. Textbooks (which are usually charged by schools) are produced by commercial publishers and do not require state approval.
Teaching profession: Maintained schools (including voluntary and foundation schools) are required to appoint teachers at primary and secondary level with a Qualified Teacher Status (QTS) that have met the Teachers’ Standards and minimum qualifications on which it is based. The legal framework for the appointment, suspension and dismissal of staff in maintained schools is provided in the Education Act 2002 and the School Staffing (England) Regulations 2009. In foundation schools and voluntary aided schools, the governing body is the employer of teachers, while community and voluntary controlled schools have their teachers appointed by the local authority. The standards for the suitability of staff of independent schools and academies is set out in the Education (Independent School Standards) (England) Regulations 2014. Academies are not legally required to appoint teachers with a QTS (unless it is a requirement of the funding agreement), although most of them tend to do so. However, teachers fulfilling the role of the Special Educational Needs Co-ordinator (SENCO) in mainstream academies must hold the QTS. Teachers in independent schools are similarly not required to have a QTS or meet the Teachers’ Standards and regulations on performance management. Moreover, independent schools and academies are not required to follow the national pay scales and working time limits specified in the School Teachers' Pay and Conditions Document (STPCD) (which applies to maintained schools), although salary scales are usually similar to the state-funded sector. Conditions of staff employment in independent schools and academies are drawn up by the provider in accordance with employment and equality law. Finally, in accordance with the Equality Act 2010, faith schools (including maintained schools) may take religious considerations into account when appointing their teachers.
Corporal punishment: Corporal punishment is prohibited in all maintained schools, academies, free schools and independent schools in England. While originally only prohibited in state-funded schools, the prohibition was extended to cover independent schools in England and Wales in 1998. However, it is yet to be enacted in relation to some unregistered independent settings that provide part-time education.
Other safety measures and COVID-19: Independent schools are required to meet the health, safety and welfare standards set out in the Education (Independent School Standards) Regulations 2014, which include arrangements made for bullying prevention, welfare, accommodation, and health and safety.
Fee-setting: Maintained schools (including voluntary and foundation schools), academies and free schools do not charge tuition fees from the ages of 4 – 18 (receiving full funding from the state). These schools may however charge fees for textbooks, learning material, equipment, and optional extra-curricular activities in support of education. These schools are also allowed to ask parents for voluntary contributions towards the cost of any activity that takes place during school hours, with the prohibition of discrimination against students of parents unable or unwilling to participate. Independent schools charge fees for attendance, with no regulation on fee-setting found.
Admission selection and processes: Independent schools are required to maintain an admission and attendance register in accordance with the Education (Pupil Registration) (England) Regulations 2006. Academies and free schools are their own admissions authorities and can decide themselves how to prioritize applicants for school places when oversubscribed, provided they comply with the School Admissions Code under the School Standards and Framework Act 1998, the Human Rights Act 1998, and the Equality Act 2010. When oversubscribed, highest priority must be given to looked after children and previously looked after children, while faith schools (voluntary controlled, foundation schools, academies, and free schools) are permitted to give priority to students of particular faiths in their admission arrangements at a 50% cap (limit). Voluntary aided schools with a religious character may allocate 100% of their places based on faith criteria, if oversubscribed. In the case of converted academies which were previously voluntary or foundation schools with a religious character, there is no restriction on the proportion of places to be allocated on the basis of faith. Local authorities determine the admission arrangements for community and voluntary controlled schools , while all state-funded schools (including maintained schools, academies and free schools) are subject to the School Information (England) Regulations 2008 which require schools to publish details on their admission policies. Grammar schools (and former grammar schools which have been converted to academies) are the only schools in England which are permitted by law to select all or most of their students based on academic ability.
Policies for vulnerable groups: According to the Children and Families Act 2014, academies and free schools have the same statutory duties as maintained schools in terms of children with special educational needs and disabilities (SEND). All schools are required to adhere to the (SEND) Code of Practice 0-25 years, designate a qualified teacher as SEND coordinator, and ensure that these children receive the support they need. Moreover, all state-funded schools (including academies, free schools, voluntary schools, and foundation schools) have a legal duty to offer a free school lunch to all students in Reception, Year 1 and Year 2 (ages 4/5 to 7). Local authorities have also established partnerships with education providers (including state-funded schools, charities and businesses) to set up ‘opportunity areas’ in some of the most challenging places in terms of social mobility with the aim to remove obstacles and ensure all children have the opportunity to reach their full potential.
Quality assurance, monitoring and accountability
School board: Independent schools are not legally required to have a governing body (although the majority of them do), but the Secretary of the State may prohibit a person from taking part in the management of the school (including academies) under the the Independent Educational Provision in England (Prohibition of Participation in Management) Regulations 2014. Maintained schools have their governing bodies regulated under the School Governance (Constitution) (England) Regulations 2012 and statutory guidance. Under these regulations, governing bodies in maintained schools must have a minimum of 7 members including at least two parents, one member of staff, one local authority governor, and the headteacher. In voluntary schools, foundation or partnership governors are additionally appointed. Academies are governed by academy trusts which include at least 3 members and a board of trustees or directors responsible for the day-to-day management of the trust. The constitution of the board of trustees is set out in each academy’s articles of association and outlined in the Governance Handbook 2017 and Governance in Multi-academy Trusts 2014 (specifically for MATs). Members must include at least 2 elected parents, no more than one third of academy trust employees, while no more than 19.9% of members may be associated with the local authority.
Reporting requirements: Independent schools are autonomous institutions in terms of their finances and mainly accountable to parents who pay their fees. However, they must provide the required information specified in the Education (Independent School Standards) Regulations 2014 to the Chief Inspector, independent inspectorate, or Secretary of State upon request. Maintained schools (including voluntary and foundation schools) are accountable to Ofsted for their use of the Pupil Premium funding, with schools required to publish their Pupil Premium strategy and achievement allowing Ofsted to report on the progress and attainment of disadvantaged students on school performance tables. Academies are subject to fewer accountability requirements related to maintained schools, as they are not legally required to publish their use of Pupil Premium funds. Academies are however required to abide by the Academies Financial Handbook concerning rules on financial management, control, and reporting requirements.
School inspection: Independent schools are regularly inspected in one of two ways, which are set out in the Education (Independent School Standards) Regulations 2014. Schools which are part of the Independent Schools Council (ISC) are inspected by the Independent Schools Inspectorate (ISI) based on the Inspection Framework available on their website. These inspections are monitored by the Secretary of State and based on a memorandum of understanding between Ofsted and the ISC. Independent schools which do not belong to independent school associations (just under half of independent schools) are inspected by Ofsted in accordance with Ofsted's Education Inspection Framework (EIF) and associated guidance for non-association independent schools. Ofsted is similarly responsible for inspecting all state-funded academies and free schools based on the same inspection and accountability framework used for maintained schools. However, MATs are not currently inspected or rated by Ofsted. Regional Schools Commissioners oversee the performance and management of academies. In maintained schools, local authorities and Ofsted are responsible for quality assurance. However, in faith schools (including faith academies, foundation or voluntary schools), Ofsted inspectors may not comment on the content of religious worship or denominational religious education. During the COVID-19 outbreak, school inspection requirements were changed in legislation for all state-funded schools.
Student assessment: Independent schools are not required to undertake any statutory assessment of students. Maintained schools and academies are subject to national assessment arrangements and school performance tables aligned with the national curriculum, such as the SATs.
Diplomas and degrees: The Regulated Qualifications Framework (RQF) is the regulatory qualifications framework for England. Qualifications are provided by independent awarding organisations (private companies with commercial or charitable status) and regulated by Ofqual, after which they are placed in the Register of Regulated Qualifications. The Joint Council for Qualifications (JCQ) provides common regulations which set out the key administrative requirements on the conduct of general qualification exams and assessments.
Sanctions: Independent schools may be closed down or removed from the register by the DfE if they are found to not be providing satisfactory education and meeting the minimum required standards. Maintained schools may be similarly closed down by the government in accordance with the government guidance on Opening and Closing Maintained Schools. Finally, academy trusts and individual academies may be dissolved by the central government if, following an inspection by Ofsted, their test scores and examination results are deemed concerning. Academy chains may also be closed as a result of inadequate inspection results. The Regional Schools Commissioners are responsible for taking action in cases where academies and free schools are underperforming.
Tertiary education in England shares a number of structural features and characteristics with the tertiary education sector in Wales, Scotland, and Northern Ireland. In all four parts of the UK, higher education institutions (HEIs) are autonomous self-governing bodies with their own legal identities and powers, that offer degrees by virtue of their own degree awarding powers or the degree awarding powers of another institution. They can mainly be categorized into universities/HEIs in receipt of government funding, further education institutions (including colleges), and alternative (independent non-state) providers. Although universities (and the vast majority of HEIs) are dependent to a greater or lesser extent on government funding, they are not owned or managed by the state. They can mainly be classified according to their varying constitutional arrangements as (1) pre-1992 universities (that had university status before the Further and Higher Education Act 1992) and (2) post-1992 universities (that acquired university status as a result of the Further and Higher Education Act 1992).
Tertiary education is also provided by a few independent non-state institutions (receiving no government funding), known as ‘alternative providers’. These institutions may be operated by for-profit or non-profit organizations and can be categorized into sub-degree colleges, ‘catch-up’ providers, generalist colleges, small specialist colleges, distance learning providers, providers focusing on international students, and overseas campuses. Most alternative providers are linked to universities through franchise or validation agreements, with some having their own degree-awarding powers and the right to use the title ‘university’. The growth in alternative providers began as a result of government policy and aspirations to meet the increases demand for higher education.
Further education colleges traditionally offered only technical and vocational courses, but have since broadened their role to offer access to higher education courses and in some cases, higher education programs.
In 2019/20 there were 2.46 million students at UK higher education institutions. HE providers account for 94% of total enrolments, followed by further education colleges (6%), and alternative education providers (3%). England accounted for the highest total enrolments (83%), followed by Scotland (9%), Wales (5%), and Northern Ireland (3%).
Registration and approval: The legal basis for the establishment of HEIs varies, with pre-1992 universities established by Royal Charter or Acts of Parliament, while post-1992 universities and other HEIs (including further education colleges) are established as higher education corporations under the Education Reform Act 1988 and Further and Higher Education Act 1992. All institutions must be established by body corporates that are then established as higher education corporations and managed in accordance with articles of government made by the institution. Since 2019, institutions wishing to obtain degree-awarding status and use the title ‘university’ or ‘university college’ must be registered with the Office for Students (OfS) (which seeks advice from the Quality Assurance Agency for Higher Education (QAA)) and meet all the registration terms and conditions under the Higher Education and Research Act 2017. Providers that seek to have university title must additionally have a specified percentage of full-time students who are on courses Level 6 or above according to the Frameworks for Higher Education Qualifications of UK Degree-Awarding Bodies (FHEQ). Prior to 2019, higher education providers that wished to obtain ‘university’ title either did so through approval from the Privy Council under the Further and Higher Education Act 1992, the provisions of the Companies Act 2006, or a through a private Act of Parliament.
Licence: HEIs are either established by a Royal Charter, Act of parliament, or higher education corporation. The OfS maintains a register of all higher education providers that receive government funding and/or have degree awarding powers and ‘university’ title.
Profit-making: Alternative (independent non-state) higher education providers can be established as for-profit or non-profit organizations. Further and higher education corporations on the other hand are required to be registered as charities under the Charities Act 2011 and be operating for ‘charitable purpose’, as stipulated in the Education Reform Act 1988 and Further and Higher Education Act 1992.
Taxes and subsidies: The Office for Students (OfS) is responsible for distributing annual grants to universities and other HEIs which register with the OfS and meet the conditions to receive funding under the Further and Higher Education Act 1992. Funding is allocated as a block grant that is based on number and types of students reported by providers. Further education colleges that provide higher education courses may also receive funding from the OfS if they adhere to the conditions of funding . These institutions can either receive direct government funding or be funded through a franchise agreement which covers all or part of their program. While the OfS funds teaching, Research England, a council within the UK Research and Innovation (UKRI) also grants HEIs funding for research and knowledge exchange, while block grants are also distributed for research infrastructure on the basis of the Research Excellence Framework (REF), which funds specific projects and programs. HEIs also receive funding from offering student services, charitable donations, endowments, sponsorships, or research commissions. Alternative (independent non-state) providers do not receive any government funding by the OfS, local authorities, or the Secretary of State. Although these institutions are fully financially independent and receive no government funding, English domiciled students on specific ‘designated’ courses may be eligible to access loans for fees.
Quality of teaching and learning
Curriculum and education standards: HEIs are independent institutions that are free to design their own academic programs, with program structure not regulated by law. However, all institutions structure their programs along broadly similar lines (incorporating undergraduate, postgraduate, and doctoral study) which conforms with the European Higher Education Area (EHEA) qualifications framework. The courses offered at further education colleges are validated by institutions with degree awarding powers under a formal recognition arrangement.
Teaching profession: Academic staff in higher education are not civil servants, but employees each individual HEI. They are not required to undergo any formal training or meet any nationally specified qualifications. HEIs are responsible for appointing and employing their own staff and are free to decide what training to provide and whether to make it mandatory for teaching staff to hold specific qualifications. Most HEIs follow recommendations and training programs in accordance with the UK Professional Standards Framework (UKPSF) developed by the Higher Education Academy (HEA). The OfS manages the Teaching Excellence and Student Outcomes Framework (TEF) which assesses and rewards high quality teaching in England, with institutions participating on a voluntary basis. Pay structures and working conditions are negotiated for all academic staff in the higher education sector in the UK by the New Joint Negotiating Committee for Higher Education Staff (New JNCHES), with employers represented by the Universities and Colleges Employers Association (UCEA).
Fee-setting: According to the the Higher Education Act 2004, undergraduate tuition fees are limited to a maximum annual fee amount set by the Secretary of State, which in 2019/2020 was £9,250 (€10,484.55). The Higher Education and Research Act 2017 however allows institutions that meet or exceed quality standards in teaching according to the Teaching Excellence and Student Outcomes Framework (TEF) to increase their fees in line with inflation and charge different fees for accelerated degrees under the Higher Education (Fee Limits for Accelerated Courses) (England) Regulations 2019. However, if institutions do not have approved access and participation plans, they may not charge fees above £6,000 - £6,165 (€6800.79 – €6987.81) per year. The Teaching and Higher Education Act 1998 requires tuition fees to be set at the same level as the maximum amount of government loan support made available to full-time undergraduate students. Alternative providers that receive no government funding are free to set their own fees, with English domiciled students enrolled in ‘designated courses’ eligible to access tuition fee loans. Undergraduate students may also be eligible for tuition fee or maintenance loans, with individual HEIs also providing discretionary support to some students in the form of bursaries, scholarships, or awards. Fees for postgraduate study (both taught and research) are not regulated by law and determined by each institution. When setting postgraduate tuition fees, institutions tend to follow the indicative level set by the UK Research and Innovation (UKRI) which, for 2019/20, was £4,327 (€4,904.50) for full-time postgraduate students.
Admission selection and processes: The OfS has taken over the functions of the Office for Fair Access and is responsible for widening participation in higher education under the Higher Education and Research Act 2017. The OfS’s Director of Fair Access and Participation is specifically responsible for ensuring that HEIs support the access and success of under-represented groups, by approving each institution’s access and participation plan (which aims to improve the equality of opportunity of these groups). According to the Green Paper Teaching Excellence, Social Mobility and Student Choice 2015 and the White Paper Success as a Knowledge Economy 2016, the government plans to double the proportion of students from disadvantaged backgrounds accessing higher education and increase the number of students from black and minority ethnic backgrounds in higher education by 20%. The government may also impose controls on the number of students enrolled in courses offered by alternative (independent non-state) institutions as a condition of specific course designation. However, alternative providers with UK degree awarding powers are not subject to student number control mechanisms.
Quality assurance, monitoring and accountability
Board: In pre-1992 HEIs the governing body is referred to as the Council, which have diverse structures of governance depending on the institution’s Instruments of Incorporation. Post-1992 universities and further education colleges have a governing body (or board of governors), with its responsibilities set out in the Instrument of Government and Articles of Government of each institution (and approved by the OfS). In both pre-1992 and post-1992 institutions, the Council or governing body usually has a majority of external members (independent of the institution), with also a number of representatives from the local authority, staff and students, and finance director. Governing bodies of further education colleges consist of between 10 to 20 members, which include the principal, members from local business relevant to the institutions activities, staff, students, parents, and local community members. The Higher Education Code of Governance 2018 published by the Committee of University Chairs (CUC) is a voluntary code that aims to promote high standards of governance across the sector.
Reporting requirements: HEIs which receive government funding are accountable to the OfS for their use of government funds in accordance with the Regulatory Framework for Higher Education in England 2018. Further education colleges that provide higher education courses are accountable to the Education and Skills Funding Agency (ESFA) for their use of OfS funding and adherence to the conditions of funding set out by the OfS. For alternative (independent non-state) providers, accountability exists when they receive funding for student support.
Inspection: Quality assurance in higher education is not regulated by law, with HEIs responsible for ensuring the appropriate standards are met and approving their own programs. Institutions are judged on their effectiveness by the the Quality Assurance Agency for Higher Education (QAA) through the UK Quality Code for Higher Education, which sets out the standards which all HEIs are required to meet. A more recent regulatory framework was established in 2018 by the OfS to facilitate new providers to start-up, achieve degree awarding powers and secure a university title. The accounts of all further education colleges and HEIs must be open for inspection by the Comptroller and Auditor General, in accordance with the Further and Higher Education Act 1992 and Education Reform Act 1988. According to the Higher Education and Research Act 2017, OfS may also make arrangements for the assessment of the quality standards of higher education providers through the Quality Assessment Committee.
Assessment: HEIs are responsible for organizing their own student assessment system.
Diplomas and degrees: Degrees and other higher education qualifications are legally owned by the awarding institutions (not the state), with institutions free to design their own awards and determine the conditions under which they are awarded in accordance with the Frameworks for Higher Education Qualifications of UK Degree-Awarding Bodies (FHEQ) developed by the QAA as part of the UK Quality Code for Higher Education. However, the power to award UK degrees is regulated by law under the Higher Education and Research Act 2017, with all degree awarding institutions required to be authorized to do so by the OfS (which seeks advice from the QAA). The criteria against which applications are assessed by the QAA are set out in the Degree Awarding Powers in England: Guidance for Providers on Assessment by QAA 2018 (with regulatory advice outlined by the OfS). Since 2018, higher education awards include foundation degrees, taught degrees, and research degrees. Certificates and diplomas may be granted by any institution. Prior to 2018, over 160 HEIs in the UK already had degree-awarding powers which were acquired through Royal Charter, approval from the Privy Council under the Further and Higher Education Act 1992, or through a private Act of Parliament.
Sanctions: The Secretary of State may make an order for the dissolution of a HEI or further education college if requested to do so by the institution and (in the case of mismanagement of affairs) remove all or any of the members of the governing body. Moreover, under the Higher Education and Research Act 2017, the OfS may suspend a registered higher education provider’s registration or remove the registered provider from the register if there has been a breach of one of its ongoing registration conditions. The OfS may also impose a monetary penalty on a registered HEI if it is found to be in breach of any registration condition.
3.2 Multi-level regulations
The 1998 Private Educational and Training Institutions Law No. 25 regulates non-state nurseries, kindergartens, and primary and secondary education, and is presented here.
Registration and approval: Regulations include the requirements of the person or corporate entity applying, the requirements of the facilities, the requirements for staff and the governance of the institution, and the financial and accountability requirements. Once the required documents are submitted, a committee is formed comprised of officers from the Ministry of Education and the Ministry of Labour and Social Development to consider the application. The information available does not clearly identify the documents required. The committee has 60 days to review the application, whereby rejected applicants have 30 days to appeal the decision. This Law does not include information regarding infrastructures and the size of the classrooms (Private Educational and Training Institutions Law No. 25, 1998, Art. 4-14).
Licence: The license issued establishing a private educational or training institutions shall considered personal, and it may not be assigned in favor of third parties except with the approval of the competent Ministry. A license should be renewed once every three years. If the owner of an educational or training institution dies, the Ministry may transfer the license to his heirs. If the heirs or some of them do not comply with the conditions laid down in this Law, the Ministry may exempt them from the same, provided that the heirs or their guardians shall appoint a representative for them who has fulfilled such conditions (Private Educational and Training Institutions Law No. 25, 1998, Art. 8).
Profit-making: No laws explicitly regulating the profits of non-state institutions could be located. However, the 1998 Private Educational and Training Institutions Law No. 25 (Art. 15) defines the types of revenue a non-state education institution is permitted to hold and that any fees imposed on students or trainees proceed from other activities, where gifts or donations must be approved by the ministry. The revenues of a private educational or training institution “shall be deposited with one of the commercial banks operating in the State of Bahrain in a special account in the institution's name” (Art. 17).
Quality of teaching and learning
Teaching profession: The qualifications of teaching and training staff must meet those determined by the minister. They must also have good conduct with no convictions, their employment must be approved by the Ministry of Education, and non-citizens must renew this approval every two years (Private Educational and Training Institutions Law No. 25, 1998, Art. 12). In addition, specific requirements for primary and secondary school teachers were found and are included in the respective section above.
The 2007 Ministerial Resolution No. 1281 specifies that all teaching staff members have the same working and job standards in terms of compensation, recruiting practices, student/teacher ratio, advancement opportunities, in-service training, and professional support, but it is unclear if this applies to non-state institutions as well. However, the country adopted the 2012 Labour Law which is the promulgation of the labour law in the private sector.
Fee-setting: All fees charged to students or trainees must be approved by the Ministry of Education, in addition to any changes (Private Educational and Training Institutions Law No. 25, 1998, Art. 16). Additional regulations on how these are determined could not be located.
Policies for vulnerable groups: The 2005 Education Law 27 (Art. 5) specifies the rights of disabled people to integrate (into mainstream classrooms), but Article 2 of this Law applies only to Bahraini residents. Non-Bahraini children residing in Bahrain, however, have the right to enrol in all special education programmes and receive all special education services provided in state or non-state schools. No other information on rules and regulations explicitly mentioning the private sector could be found.
Quality assurance, monitoring and accountability
Board: In pre-1992 HEIs the governing body is referred to as the Council, which have diverse structures of governance depending on the institution’s Instruments of Incorporation. Post-1992 universities and further education colleges have a governing body (or board of governors), with its responsibilities set out in the Instrument of Government and Articles of Government of each institution (and approved by the OfS). In both pre-1992 and post-1992 institutions, the Council or governing body usually has a majority of external members (independent of the institution), with also a number of representatives from the local authority, staff and students, and finance director. Governing bodies of further education colleges consist of between 10 to 20 members, which include the principal, members from local business relevant to the institutions activities, staff, students, parents, and local community members. The Higher Education Code of Governance 2018 published by the Committee of University Chairs (CUC) is a voluntary code that aims to promote high standards of governance across the sector.
Reporting requirements: HEIs which receive government funding are accountable to the OfS for their use of government funds in accordance with the Regulatory Framework for Higher Education in England 2018. Further education colleges that provide higher education courses are accountable to the Education and Skills Funding Agency (ESFA) for their use of OfS funding and adherence to the conditions of funding set out by the OfS. For alternative (independent non-state) providers, accountability exists when they receive funding for student support.
Inspection: Quality assurance in higher education is not regulated by law, with HEIs responsible for ensuring the appropriate standards are met and approving their own programs. Institutions are judged on their effectiveness by the the Quality Assurance Agency for Higher Education (QAA) through the UK Quality Code for Higher Education, which sets out the standards which all HEIs are required to meet. A more recent regulatory framework was established in 2018 by the OfS to facilitate new providers to start-up, achieve degree awarding powers and secure a university title. The accounts of all further education colleges and HEIs must be open for inspection by the Comptroller and Auditor General, in accordance with the Further and Higher Education Act 1992 and Education Reform Act 1988. According to the Higher Education and Research Act 2017, OfS may also make arrangements for the assessment of the quality standards of higher education providers through the Quality Assessment Committee.
Assessment: HEIs are responsible for organizing their own student assessment system.
Diplomas and degrees: Degrees and other higher education qualifications are legally owned by the awarding institutions (not the state), with institutions free to design their own awards and determine the conditions under which they are awarded in accordance with the Frameworks for Higher Education Qualifications of UK Degree-Awarding Bodies (FHEQ) developed by the QAA as part of the UK Quality Code for Higher Education. However, the power to award UK degrees is regulated by law under the Higher Education and Research Act 2017, with all degree awarding institutions required to be authorized to do so by the OfS (which seeks advice from the QAA). The criteria against which applications are assessed by the QAA are set out in the Degree Awarding Powers in England: Guidance for Providers on Assessment by QAA 2018 (with regulatory advice outlined by the OfS). Since 2018, higher education awards include foundation degrees, taught degrees, and research degrees. Certificates and diplomas may be granted by any institution. Prior to 2018, over 160 HEIs in the UK already had degree-awarding powers which were acquired through Royal Charter, approval from the Privy Council under the Further and Higher Education Act 1992, or through a private Act of Parliament.
Sanctions: The Secretary of State may make an order for the dissolution of a HEI or further education college if requested to do so by the institution and (in the case of mismanagement of affairs) remove all or any of the members of the governing body. Moreover, under the Higher Education and Research Act 2017, the OfS may suspend a registered higher education provider’s registration or remove the registered provider from the register if there has been a breach of one of its ongoing registration conditions. The OfS may also impose a monetary penalty on a registered HEI if it is found to be in breach of any registration condition.
3.3 Supplementary private tutoring
The private tutoring market in the UK has been estimated to be worth several billion pounds, with about 25% of state-educated students in England and Wales (about 700,000 students) aged 11 – 16 receiving private tuition (42% of which were concentrated in London) in 2015. Multiple estimates have found that students in independent schools are almost twice as likely to receive private tutoring classes compared to students in state-funded (maintained) schools. Individual, one-to-one tutoring is the most common form of tutoring (78%), with tuition centres gradually growing in popularity. Private tutoring agencies are seasonal (more popular in spring and autumn), in the lead up to national exams.
Private tutoring has traditionally remained unregulated by the Department for Education (and subject to commercial law). However, the government launched the National Tutoring Program (NTP) in the 2020-2021 academic year as an “ambitious scheme intended to provide additional, targeted support for those children and young people in schools who have been most affected by disruption to their education as a result of the coronavirus (COVID-19) pandemic”. As part of this scheme, state-funded (maintained) schools in England can access government subsidies to partner with approved tuition agencies or academic mentors and provide 5-16-year-old students with either online, face-to-face, small group, or one-to-one tutoring. The scheme was adopted as tutoring was considered “one of the most effective ways to accelerate pupil progress” which was aimed to specifically target “disadvantaged and vulnerable students”.
Private tutoring agencies in the UK are established as limited companies under commercial law, and are therefore subject to the regulations of the Department for Business, Energy and Industrial Strategy (BEIS) and its Employment Agency Service (EAS) inspectorate (and not the Department for Education). They are not required to meet educational standards, but employment agency law. However, tutoring agencies that are part of the NTP in England are required to be approved and accredited by the Department for Education. Partners need to specifically meet all the 13 quality and accreditation standards set in the Tutoring Partner Quality Standards and Accreditation Criteria, which include demonstrated track record of quality service delivery, evidence of previous work undertaken to improve the attainment of disadvantaged students, quality content, curriculum, and subject knowledge, safeguarding policies, and robust recruitment policies for tutors. Any agency that meets all the standards will be accredited as part of the NTP Open Access Scheme for Tutoring Partners and funded by the government.
Financial operation and quality
Tutoring agencies that are part of the NTP in England receive government subsidies which cover 70% of their total costs. The remaining 30% of costs are funded through the school using, for example, the recovery premium or pupil premium. In 2021-2022, the government plans to subsidize 95% of the academic mentor costs of participating agencies. To be accepted as a partnering agency in the NTP, tutoring agencies must additionally provide evidence that their tutoring is a value for money proposition and that their prices are within expectations of market rates.
According to 2015 estimates, nearly half (43%) of state schoolteachers have provided private tutoring lessons outside their main teaching role at some point during their lives (with most tutors working part-time). There are no legal requirements for private tutors in the UK or for self-employed private tutors to undergo criminal record checks. Private tutors are not required to meet any standard qualifications, with most tutors registered as sole traders with their own financial records. They are treated as self-employed and subject to self-assessment taxes. Some organizations such as the Tutors’ Association requires the Disclosure & Barring Service (DBS) certificate and minimum qualifications, but it is not mandated by the government. Academic mentors that are part of the NTP however, are required to have a Qualified Teacher Status (QTS), a university degree (2.2) or above, and a Level 4 (Grace C) or above in GCSE mathematics and English or equivalent qualifications.
