Guidance

Statutory policies for schools and academy trusts

Updated 15 March 2022

This guidance was withdrawn on

Information relating to governance is available in the maintained school governance guide or academy trust governance guide.

Applies to England

All changes made to the page reflect previously announced requirements on schools, there are no new requirements or policies announced in this update.

Introduction

The following are required to hold each of these policies and other documents, and must meet the requirements that apply to their school or trust:

  • school leaders in all schools
  • governing bodies in local-authority-maintained schools
  • proprietors of academies and independent schools

Schools and trusts are not always required to hold a specific policy for each requirement. It is possible to meet several requirements collectively, unless stated otherwise.

The drafting of school policies can be delegated to any member of school staff, unless stated otherwise.

This document covers how often each policy must be reviewed. Where it doesn’t, we strongly advise you to review the policy annually. Where there’s a change in the law or circumstances, you will need to revise your policies or documentation accordingly.

It also shows the level of approval required. Not all policies need to be signed off by the full governing body.

Throughout this guidance we use the term ‘governing body’ to represent both governing boards and trust boards.

There are instances where statutory guidance states that policies and procedures should be in place, although this is not the same as a legal requirement. Each piece of linked guidance which is not statutory makes clear the nature of the requirement.

Where possible, model policies have been included within the linked guidance. Organisations, such as your local authority, can provide free support and model policies which we suggest you consider.

Who this guidance is for

Each section sets out who the guidance applies to. Academies and free schools have greater freedoms than local-authority-maintained schools in relation to school policies and other documents.

We have outlined arrangements applying to these schools in legislation or in their funding agreements. This may vary between individual academies and free schools.

List of policies

The table below outlines for local-authority-maintained schools and academies:

  • each policy
  • who it applies to
  • the review period
  • approval level

    Policy Local-authority-maintained schools Academies Review cycle Approval level
    Admission arrangements Yes Yes Annually Governing body, local authority, academy trust
    Charging and remissions Yes Yes Recommended annually Governing body, individual governor or headteacher
    Data protection Yes Yes Recommended annually Governing body, individual governor or headteacher
    Protection of biometric information of children in schools and colleges Yes Yes Recommended annually Governing body
    Register of pupils’ admission to school and attendance Yes Yes Live document Governing body, individual governor or headteacher
    School information published on a website Yes Yes Live document Governing body, individual governor or headteacher
    School complaints Yes Yes Recommended annually Governing body, individual governor or headteacher
    Capability of staff Yes Yes Recommended annually Governing body or an individual governor
    Early career teachers (ECTs) Yes Yes Recommended annually Governing body
    Staff discipline, conduct and grievance (procedures for addressing) Yes Yes Recommended annually For local-authority-maintained schools: governing body. For academies: governing body, individual governor or headteacher
    Single central record of recruitment and vetting checks Yes Yes Live document Governing body, individual governor or headteacher
    Statement of procedures for dealing with allegations of abuse against staff Yes Yes Recommended annually Governing body, individual governor or headteacher
    Teachers’ pay Yes No Annually Governing body or local authorities
    Accessibility plan Yes Yes Every 3 years Governing body, individual governor or headteacher
    Child protection policy and procedures Yes Yes Annually Governing body or proprietor
    Children with health needs who cannot attend school Yes Yes Recommended annually Governing body
    Early years foundation stage (EYFS) Yes Yes Varies Governing body can delegate
    Special educational needs and disability Yes Yes Annually Governing body or proprietor
    Supporting pupils with medical conditions Yes Yes Recommended annually Governing body can delegate
    Relationships education (primary) and relationships and sex education (secondary) Yes Yes Recommended annually Governing body, individual governor or headteacher
    Behaviour in schools Yes Yes Recommended annually Headteacher can delegate
    Behaviour principles written statement Yes No Recommended annually Governing body
    School exclusion Yes Yes Recommended annually Governing body, individual governor or headteacher
    Health and safety Yes Yes Annually Employer
    First aid in schools Yes Yes Recommended annually Employer
    Premises management documents Yes Yes Recommended annually Governing body, individual governor or headteacher
    Equality information and objectives (public sector equality duty) statement for publication Yes Yes Every 4 years Governing body, individual governor or headteacher
    Governors’ allowances (schemes for paying) Yes No Recommended annually Governing body, individual governor or headteacher
    Instrument of government Yes No Recommended annually Governing body
    Register of business interests of headteachers and governors Yes Yes Live document Governing body can delegate approval subject to the local authority scheme
    Careers guidance: details of your careers programme and a provider access statement Yes Yes Recommended annually Governing body

Admission arrangements

These apply to:

  • local-authority-maintained schools, including maintained special schools and maintained nursery schools
  • academies
  • free schools, including university technical colleges and studio schools
  • voluntary-aided schools and foundation schools directly
  • community and voluntary-controlled schools if the local authority formally delegates the responsibility

Arrangements must be determined annually. You must consult on any changes, and where no changes are made, consultation is required at least every 7 years.

The full governing body or a committee of the governing body must approve, where the school is its own admissions authority.

Statutory guidance to follow when carrying out duties relating to school admissions and school admission appeals:

Non-statutory guidance about school admissions for children born in the summer:

Administration and data

Charging and remissions

Applies to:

  • local-authority-maintained schools, including maintained special schools and maintained nursery schools
  • academies
  • free schools, including university technical colleges and studio schools

This applies directly to academies and free schools via their funding agreements.

The governing body is free to decide how often you review. We advise that governing bodies review this requirement annually.

The governing body can delegate approval to a committee of the governing body, an individual governor or the headteacher.

Non-statutory guidance on how to set out policies on charging for school activities and visits:

Data protection

Applies to:

  • local-authority-maintained schools, including maintained special schools and maintained nursery schools
  • academies
  • free schools, including university technical colleges and studio schools
  • independent schools, not state-funded
  • sixth-form colleges
  • further education colleges with 16 to 19 provision
  • pupil referral units (PRUs)
  • non-maintained special schools
  • non-maintained nursery schools

Under the Data Protection (Charges and Information) Regulations 2018, schools must register with the information commissioner’s office.

You must adhere to GDPR requirements. The DfE teaching blog includes articles with suggestions on how to ensure you are compliant.

We advise that governing bodies, an individual governor or headteacher review this requirement annually. Registration is annual.

Suggested privacy notices to issue to staff, parents and pupils about the collection of data:

Protection of biometric information of children in schools and colleges

This applies to:

  • local-authority-maintained schools, including maintained special schools
  • academies including 16 to 19 academies
  • free schools, including university technical colleges and studio schools
  • independent schools, not state-funded
  • sixth-form colleges
  • pupil referral units (PRUs)
  • non-maintained special schools
  • further education institutions

We advise that governing bodies review this requirement annually.

Register of pupils’ admission to school and attendance

Applies to:

  • local-authority-maintained schools, including maintained special schools and maintained nursery schools
  • academies
  • free schools, including university technical colleges and studio schools
  • independent schools, not state-funded
  • pupil referral units (PRUs)
  • non-maintained special schools
  • non-maintained nursery schools

The register of admission must be a live document. The governing body is free to delegate approval to a committee of the governing body, an individual governor or the headteacher. The register itself can be kept by appropriate school staff.

The attendance register must be a live document. The governing body of a school can delegate the keeping of the register to the headteacher. The register must be kept and updated daily by appropriate school staff.

Non-statutory guidance on using pupil registers and attendance codes, as well as setting school hours and term dates:

School information published on a website

Applies to:

  • local-authority-maintained schools, including maintained special schools
  • academies
  • free schools, including university technical colleges and studio schools

This is a live document that must be updated as soon as possible after a change and at least annually.

The governing body is free to delegate approval to a committee of the governing body, an individual governor or the headteacher.

School complaints

Applies to local-authority-maintained schools, including maintained special schools and maintained nursery schools.

We strongly advise academies to consider following the guidance.

Academies should have a written complaints procedure, which is available on request to parents. We recommend that academies publish this online and make it available to anyone who requests it.

The governing body or the proprietor is free to decide how often you review. We advise that governing bodies review this requirement annually.

The governing body or the proprietor can delegate approval to a committee of the governing body, an individual governor or the headteacher.

Non-statutory guidance for schools on setting up and reviewing complaints procedures:

Non-statutory guidance for academies on how create a complaints procedure:

Staffing and human resources

Capability of staff

Applies to:

  • local-authority-maintained schools, including maintained special schools and maintained nursery schools
  • academies
  • pupil referral units (PRUs)
  • independent schools, not state-funded
  • free schools

We advise that governing bodies review this requirement annually.

The governing body of a local-authority-maintained school or management committee can delegate approval to a committee of the governing body or an individual governor.

Academies can set their own terms for approval.

Non-statutory guidance for schools on appraisal and dismissal policies:

Non-statutory guidance for school staffing regulation for all staff of local-authority-maintained schools:

Early career teachers (ECTs)

Applies to:

  • local-authority-maintained schools including maintained special schools and maintained nursery schools
  • academies
  • free schools, including university technical colleges and studio schools
  • pupil referral units (PRU)
  • independent schools, not state-funded
  • sixth-form colleges
  • further education institutions

We advise that governing bodies review this requirement annually.

The governing body must ensure that the school is compliant.

Statutory guidance on inductions for early career teachers (ECTs):

Staff discipline, conduct and grievance (procedures for addressing)

Applies to:

  • local-authority-maintained schools, including maintained special schools and maintained nursery schools
  • academies
  • free schools, including university technical colleges and studio schools
  • independent schools, not state-funded
  • sixth-form colleges
  • pupil referral units (PRUs)
  • non-maintained special schools

For local-authority-maintained schools, the governing body is free to decide how often you review. We advise that governing bodies review this requirement annually. All other establishments may want to include this policy but should refer to general employment law.

For local-authority-maintained schools the governing body must not delegate responsibility for establishing their staff discipline, conduct or grievance procedures.

For academies the governing body is free to delegate approval to a committee of the governing body, an individual governor or the headteacher.

Non-statutory guidance for managing staff and employment issues:

Single central record of recruitment and vetting checks

Applies to:

  • local-authority-maintained schools, including maintained special schools and maintained nursery schools
  • academies
  • free schools, including university technical colleges and studio schools
  • independent schools, not state-funded
  • sixth-form colleges
  • pupil referral units (PRU)
  • non-maintained special schools
  • non-maintained nursery schools

This applies to all schools, colleges and further education institutions where early years education is delivered. They are linked to safeguarding policies.

This is a live document covering staff currently appointed. Schools should also maintain a single central record of pre-employment checks.

The governing body of a local-authority-maintained school or a management committee of a PRU is generally free to delegate approval to:

  • the headteacher
  • one or more governors/members
  • a committee of the governing body/management committee
  • or one or more governors/members acting with the headteacher

Statutory guidance on employing staff who have been disqualified from providing childcare:

Statement of procedures for dealing with allegations of abuse against staff

Applies to:

  • local-authority-maintained schools, including maintained special schools and maintained nursery schools
  • academies
  • free schools, including university technical colleges and studio schools
  • independent schools, not state-funded
  • sixth-form colleges
  • further education colleges with 16 to 19 provision
  • pupil referral units (PRUs)
  • non-maintained special schools
  • non-maintained nursery schools

The governing body is free to decide how often you review. We advise that governing bodies review this requirement annually.

The governing body is free to delegate approval to a committee of the governing body, an individual governor or the headteacher.

Statutory guidance on safeguarding children and safer recruitment:

Teachers’ pay

Applies to:

  • local-authority-maintained schools, including maintained special schools

Academies and free schools have greater freedoms than maintained schools.

Schools must follow the statutory guidance when making pay award decisions and creating pay policies.

This must be reviewed annually.

The governing body or local authority will need to approve.

Statutory guidance on pay and conditions for teachers:

Pupil wellbeing and safeguarding

Accessibility plan

Applies to:

  • local-authority-maintained schools, including maintained special schools
  • academies
  • free schools, including university technical colleges and studio schools
  • independent schools, not state-funded
  • sixth-form colleges
  • pupil referral units (PRUs)
  • non-maintained special schools

Review every 3 years.

The governing body is free to delegate approval to a committee of the governing body, an individual governor or the headteacher.

Non-statutory guidance on accessibility plans to help schools fulfil their duties under the act is included in our:

Child protection policy and procedures

Applies to:

  • local-authority-maintained schools, including maintained special schools and maintained nursery schools
  • academies
  • free schools, including university technical colleges and studio schools
  • independent schools, not state-funded
  • sixth-form colleges
  • pupil referral units (PRU)
  • non-maintained special schools
  • non-maintained nursery schools

We advise that governing bodies review and update annually as a minimum.

The governing body or proprietor should approve.

The policy should also be available publicly on the school or college website or elsewhere.

Statutory guidance on safeguarding children and safer recruitment:

Children with health needs who cannot attend school

Applies to:

  • local-authority-maintained schools, including maintained special schools
  • academies
  • free schools, including university technical colleges and studio schools
  • independent schools, not state-funded
  • where a child is not on the roll of a school

We advise that governing bodies review this requirement annually.

The governing body must approve.

Statutory guidance on education for children with health needs who cannot attend school:

Early years foundation stage (EYFS)

Applies to:

  • local-authority-maintained schools, including maintained special schools and maintained nursery schools
  • academies
  • free schools, including university technical colleges and studio schools
  • independent schools, not state-funded
  • pupil referral units (PRUs)
  • non-maintained special schools
  • non-maintained nursery schools

Those delivering the EYFS are required to have policies and procedures on a range of issues covering safeguarding and welfare.

Schools are not required to have separate policies to cover EYFS requirements where they are already met through an existing policy.

An EYFS profile assessment is required for each child during the academic year they reach the age of 5 (for most children this is the reception year in primary school).

Nursery settings catering for children under 3 must complete a summary check when a child is aged 2.

Review frequency varies, details are in the statutory guidance.

Statutory guidance on what policies you are required to have on a range of issues covering safeguarding and welfare:

Statutory framework for the Early Years Foundation Stage.

The governing body can determine approval.

Special educational needs and disability

Applies to:

  • local-authority-maintained schools, including maintained special schools and maintained nursery schools
  • academies
  • free schools, including university technical colleges and studio schools
  • non-maintained nursery schools

You should update the SEN information report annually and any changes to the information occurring during the year should be updated as soon as possible.

The full governing body or proprietor must approve.

Statutory guidance on the special educational needs and disability (SEND) system for children and young people:

Supporting pupils with medical conditions

Applies to:

  • local-authority-maintained schools, including maintained special schools
  • academies, excluding 16 to 19 academies
  • pupil referral units (PRUs)

The governing body, proprietor and management committee is free to decide how often you review. However it should be regularly reviewed and readily accessible to parents and school staff.

The governing body can approve for local-authority-maintained schools, proprietors of academies, and management committees for PRUs.

Statutory guidance about the support that pupils with medical conditions should receive:

Relationships education (primary) and relationships and sex education (secondary)

Applies to:

  • local-authority-maintained schools, including maintained special schools
  • academy schools
  • pupil referral units (PRU)
  • non-maintained special schools

The governing body is free to decide how often you review. We advise that governing bodies review this requirement annually.

The governing body is also free to delegate approval to a committee of the governing body, an individual governor or the headteacher.

Schools must follow the new statutory guidance from September 2020 on:

  • relationships education
  • relationships and sex education
  • health education

Statutory guidance on relationships, sex and health education for schools to follow from September 2020:

Behaviour

Behaviour in schools

Applies to:

  • local-authority-maintained schools, including maintained special schools
  • academies
  • free schools, including university technical colleges and studio schools
  • pupil referral units (PRUs)
  • non-maintained special schools

The headteacher is free to decide how often you review. We advise that governing bodies review this requirement annually.

The headteacher is free to delegate approval.

Statutory guidance on school behaviour and attendance:

Behaviour principles written statement

Applies to:

  • local-authority-maintained schools, including maintained special schools
  • pupil referral units (PRUs)
  • non-maintained special schools

Academies and free schools have greater freedoms than maintained schools. Although this requirement is not mandatory for academies we strongly advise academies to consider following the guidance.

The governing body is free to decide how often you review. We advise that governing bodies review this requirement annually.

The full governing body or a committee of the governing body must approve.

Statutory guidance on creating a behaviour policy:

Independent schools must ensure:

  • a written behaviour policy is drawn up that sets out the sanctions to be adopted in the event of pupil misbehaviour
  • the policy is implemented effectively
  • a record is kept of the sanctions imposed upon pupils for serious misbehaviour

School exclusion

Applies to:

  • local-authority-maintained schools, including maintained special schools
  • academies
  • free schools
  • pupil referral units (PRU)

We advise that governing bodies review this requirement annually.

The governing body can delegate approval to a committee of the governing body, an individual governor or the headteacher.

Statutory guidance on the exclusion of pupils:

Facilities

Health and safety

Applies to:

  • local-authority-maintained schools, including maintained special schools and maintained nursery schools
  • academies
  • free schools, including university technical colleges and studio schools
  • independent schools, not state-funded
  • pupil referral units (PRU)
  • local authorities on behalf of community and voluntary-controlled schools
  • non-maintained nursery schools

The governing body, proprietor or local authority is free to decide how often you review. We advise that governing bodies review this requirement annually.

The employer can determine how to implement and approve.

Schools are not required to have a specific health and safety policy, but we provide non-statutory advice you can follow.

Non-statutory advice on health and safety covering activities:

First aid in schools

Applies to:

  • local-authority-maintained schools, including maintained special schools
  • academies
  • free schools, including university technical colleges and studio schools
  • independent schools, not state-funded
  • sixth-form colleges
  • pupil referral units (PRUs)
  • non-maintained special schools

Schools are not required to have a specific first aid policy, but we provide non-statutory advice you can follow.

We advise that governing bodies review this requirement annually.

Non-statutory guidance on first aid provision:

Premises management documents

Applies to:

  • local-authority-maintained schools, including maintained special schools
  • academies
  • free schools, including university technical colleges and studio schools
  • independent schools, not state-funded
  • sixth-form colleges
  • pupil referral units (PRUs)
  • non-maintained special schools

There are many aspects of school premises that require safe management and maintenance such as asbestos, fire safety and statutory testing. Those with duties for maintaining school buildings should make sure that the policies, procedures and the condition of the estate are compliant with appropriate legislation, including health and safety.

Independent schools, academies and free schools have sole responsibility.

For local-authority-maintained schools, both local authorities and schools have responsibilities for the repair and maintenance of premises.

We advise that governing bodies review this requirement annually.

The governing body can delegate approval to a committee of the governing body, an individual governor or the headteacher.

Non-statutory advice on the policies, processes and documents that schools, academies and multi-academy trusts should consider when managing their estates:

Additional non-statutory advice:

Non-statutory guidance:

Fire safety risk assessment for educational premises.

Non-statutory guidance to help schools and local authorities understand their obligations in relation to the School Premises Regulations 2012:

Non-statutory guidance to help schools manage emergencies and risks:

Governance

Equality information and objectives (public sector equality duty) statement for publication

Applies to:

  • local-authority-maintained schools, including maintained special schools
  • academies
  • free schools, including university technical colleges and studio schools
  • pupil referral units (PRU)
  • local authorities on behalf of PRUs

Under specific duties, governing bodies, local authorities and proprietors are required to draw up and publish equality objectives every 4 years and annually publish information. They need to demonstrate how they are meeting the aims of the general public sector equality duty.

The governing body can delegate approval to a committee of the governing body, an individual governor or the headteacher.

Governors’ allowances (schemes for paying)

Applies to:

  • local-authority-maintained schools, including maintained special schools

Academies and free schools have greater freedoms than maintained schools. Although this requirement is not mandatory for academies we strongly advise academies to consider following the guidance.

For local-authority-maintained schools with a delegated budget the governing body is free to decide how often you review schemes for paying governors’ allowances. We advise that governing bodies review this requirement annually.

The governing body can delegate approval to a committee of the governing body, an individual governor or the headteacher.

Where schools do not have a delegated budget, the local authority may pay allowances and expenses at a rate determined by them.

Instrument of government

Applies to:

  • local-authority-maintained schools, including maintained special schools

The governing body is free to decide how often you review. We advise that governing bodies review this requirement annually.

Non-statutory guidance on the roles and duties of governing bodies, and advice on the skills, knowledge and behaviours they need to be effective:

Statutory guidance setting out the arrangements for the constitution of governing bodies of all local-authority-maintained schools:

Register of business interests of headteachers and governors

Applies to:

  • local-authority-maintained schools, including maintained special schools and maintained nursery schools
  • academies

This is a live document that should be updated as soon as possible after a change.

The governing body can delegate approval subject to the local authority scheme.

Statutory guidance for local authorities on producing and amending school financing schemes:

Statutory guidance setting out the arrangements for the constitution of governing bodies of all local authority local-authority-maintained schools:

Careers guidance

Applies to:

  • local-authority-maintained schools
  • academies
  • free schools, including university technical colleges and studio schools
  • voluntary-aided schools and foundation schools
  • community and voluntary-controlled schools
  • pupil referral units (PRUs)

You must publish details of your careers programme for young people and their parents. You must also publish a statement setting out your arrangements for provider access.

We advise that governing bodies review these annually.

Statutory guidance for schools on providing careers guidance: