2006 Chapter 8

© Crown Copyright 2006

Explanatory Notes to Acts of the Scottish Parliament are subject to Crown Copyright protection. They may be reproduced free of charge provided that they are reproduced accurately and that the source and copyright status of the material is made evident to users.

It should be noted that the right to reproduce the text of these Explanatory Notes does not extend to the Queen's Printer for Scotland imprints which should be removed from any copies of the Explanatory Notes which are issued or made available to the public. This includes reproduction of the Notes on the internet and on intranet sites. The Royal Arms may be reproduced only where they are an integral part of the original document. The text of this internet version of the Explanatory Notes which is published by the Queen's Printer for Scotland has been prepared to reflect the text in printed form and as published by The Stationery Office Limited as the Scottish Schools (Parental Involvement)Act 2006 (asp 8), ISBN 0105910872. The print version may be purchased by clicking here. Braille copies of the Explanatory Notes can also be purchased at the same price as the print edition by contacting TSO Customer Services on 0870 600 5522 or e-mail: customer.services@tso.co.uk.

Further information about the publication of legislation on this website can be found by referring to the Frequently Asked Questions.

To ensure fast access over slow connections, large documents have been segmented into "chunks". Where you see a "continue" button at the bottom of the page of text, this indicates that there is another chunk of text available.

These Notes relate to the Scottish Schools (Parental Involvement) Act 2006 (asp 8) which received Royal Assent on 14 June 2006

SCOTTISH SCHOOLS (PARENTAL INVOLVEMENT) ACT 2006 (asp 8)

EXPLANATORY NOTES

INTRODUCTION

1.     These Explanatory Notes have been prepared by the Scottish Executive in order to assist the reader of the Act and to help inform debate on it. They do not form part of the Act and have not been endorsed by the Parliament.

2.     The Notes should be read in conjunction with the Act. They are not, and are not meant to be, a comprehensive description of the Act. So where a section or schedule, or a part of a section or schedule, does not seem to require any explanation or comment, none is given.

THE ACT

3.     The passing of the Act represents part of the Scottish Executive's commitment to review and reform the legislation governing school boards (the School Boards (Scotland) Act 1988 (the "1988 Act") and associated Regulations), made in Educating for Excellence: Choice and Opportunity (The Executive's Response to the National Debate on Education) (January 2003). The 1988 Act established statutory parental representation in public schools (schools under the management of education authorities). The Act has a broader focus in that it also extends to parents' involvement in their own child's education.

4.     The Act also has to be considered in the context of other education legislation. At present the main statutory provisions relating to education are to be found in the Education (Scotland) Act 1980 (the "1980 Act") and in the Standards in Scotland's Schools etc. Act 2000 (the "2000 Act").

5.     In relation to the education provided in public schools, the Act places a duty on Scottish Ministers to promote parents' involvement in their child's school education; builds on and strengthens the existing duties placed on education authorities by the 2000 Act with regard to parents' involvement in their own child's school education and in school education generally; repeals the 1988 Act and associated legislation and makes provision for new arrangements for parental representation in schools; places a duty on education authorities to give advice and information to parents on the education of their own child; and requires education authorities to have a complaints procedure covering how they carry out their functions under the Act.

COMMENTARY ON SECTIONS

Section 1 - Duty of Scottish Ministers and of education authorities to promote involvement of parents in school education etc

6.     Section 1 establishes the duty of Scottish Ministers and of education authorities to promote the involvement of parents of pupils at public schools in the education provided to their child by the school and in education more generally.

7.     Section 1(1) places a new duty on Scottish Ministers to promote parental involvement in public school education generally. This complements the Scottish Ministers' existing duty in section 3(1) of the 2000 Act to endeavour to secure improvement in the quality of school education which is provided for Scotland, and the duty to exercise their powers in relation to such provision with a view to raising standards of education. The new duty in the Act is in regard to the parents of pupils attending public schools. Section 20 of the Act provides that terms used within the Act are, generally, to have the same meaning as given to them within section 135 of the 1980 Act. As a result, "public school" means a school which is under the management of an education authority. The definition of a "parent" in the 1980 Act is a broad definition and includes guardians, those who are liable to maintain or who have parental responsibilities, and persons who have care of the child or young person, such as another relative or foster parent. An "education authority" means a council constituted under the Local Government etc. (Scotland) Act 1994.

8.     Section 1(2) places a similar duty on education authorities to promote the involvement of parents in the education provided in public schools in their area. As with the new duty on the Scottish Ministers, the duty on education authorities under section 1(2) of the Act complements the duty on education authorities under section 3(2) of the 2000 Act (improvement in the quality of school education). Education authorities have a duty under section 5(2)(a) of the 2000 Act to include within their annual statement of education improvement objectives an account of the ways in which the authority will seek to involve parents in promoting the education of their children. This Act places a duty on education authorities to promote the involvement of parents in their own child's education and in the education provided in the school to all the pupils in attendance. It provides a statutory framework within which education authorities can continue to build on the actions already being taken to promote parental involvement in school education.

9.     Section 1(3) provides that "education" is, generally, to be interpreted as meaning "school education", defined in the 1980 Act as meaning progressive education appropriate to the requirements of pupils having regard to the pupil's age, ability and aptitude. The meaning is enhanced by the duty on education authorities in section 2 of the 2000 Act to secure that the education provided by them is directed to the development of the personality, talents, mental and physical abilities of the pupil to their fullest potential.

Section 2 - Strategies for parental involvement

10.     Section 2 places a requirement on education authorities to develop a strategy for parental involvement and to include within that strategy their general policies for implementing the duties imposed on them elsewhere in the Act.

11.     Section 2(1) requires each education authority to prepare a strategic statement setting out their policies at the authority level on how they will fulfil their duties under sections 1 (promoting the involvement of parents in school education), 5 (Parent Forums and establishment and supporting of Parent Councils), 11 (duties to Parent Councils), and 12 (duties to parents generally) of the Act. This document must set out how education authorities will fulfil their duties with regard to "looked after" children within the meaning of the Children (Scotland) Act 1995 (see subsection (7)) and must also include the complaints procedure established under section 15. Section 2(2) provides that, in preparing their strategy, an education authority are to have regard to how that strategy will promote equal opportunities. The term 'equal opportunities' is defined in section 20(2) as having the same meaning as in section L2 of Part II of Schedule 5 to the Scotland Act 1998:

"Equal opportunities" means the prevention, elimination or regulation of discrimination between persons on grounds of sex or marital status, on racial grounds, or on grounds of disability, age, sexual orientation, language or social origin, or of other personal attributes, including beliefs or opinions, such as religious beliefs or political opinions.

12.     Education authorities are required under section 5 of the 2000 Act to produce and publish an annual statement of improvement objectives relative to their duty (under section 3(2) of the 2000 Act) to seek improvements in the quality of school education provided by them for their area. The requirement to prepare and publish an annual statement of education improvement objectives for their area is part of a framework of planning and operating relative to the provision of school education. Section 2(6) of the Act amends the 2000 Act to make clear that the strategy for parental involvement is to be included in the annual statement. The strategy document is to be reviewed regularly by the education authority and revised by it when appropriate (section 2(3)).

13.     Subsection (4) details the individuals and groups whose views an authority must seek and have regard to when drawing up or reviewing their strategy for parental involvement.

Section 3 - Ambitions and objectives for a school

14.     The 2000 Act requires education authorities to prepare, for schools under their management, school development plans which take account of the authorities' annual statement of improvement objectives. Section 3(a) amends section 6(1)(a) of the 2000 Act to make clear that the strategy for parental involvement prepared by the education authority should be taken into account in the preparation of the development plan for each school and its annual update.

15.     Section 3(b) further amends section 6(1)(a) of the 2000 Act to require that each school should have objectives regarding parental involvement for that school and that those objectives along with a statement of the education authority's ambitions for that school are to be included in the school development plan.

16.     Section 6(1)(a) of the 2000 Act will now read:

"a development plan which takes account of the objectives and strategy for parental involvement in the authority's annual statement of education improvement objectives published by that date in the year in question, sets objectives for the school (including objectives as to the involvement of a pupil's parents in the education provided to the pupil and to the school's pupils generally) and contains a statement of the education authority's ambitions for the school."

Section 4 - Review of school performance

17.     Section 4 inserts a new subsection into section 7 of the 2000 Act. Section 7 of the 2000 Act requires education authorities to review schools' performance in relation to quality of education and against the performance measures set by the education authorities for their schools and the school education provided in their area. Section 4 of the Act provides that an education authority, in reviewing the performance of a school, is to take into account that the expression "quality of education" includes the extent to which a pupil's parents are involved in the education provided to the pupil.

Section 5 - Parent Forum and Parent Council

18.     For the purposes of the Act the parents of pupils at a public school are to be known as the "Parent Forum". Parents may be represented by a "Parent Council" established by the Parent Forum at that school. In general terms Parent Councils replace the arrangements for parental representation by school boards established under the 1988 Act.

19.     Education authorities are required to promote the establishment of a Parent Council at each school, and thereafter to support the operation of such councils. Section 5(4) qualifies these requirements in relation to those schools which decide to establish a Combined Parent Council for two or more schools, rather than one council for each school (see section 16).

Section 6 - Scheme for establishment of a Parent Council

20.     Section 6 sets out the procedure to be followed in regard to the establishment of a Parent Council. There are two routes by which a Parent Council can be established.

21.     Firstly, in pursuance of their duty under section 5(3)(a) to promote the establishment of a Parent Council, an education authority must notify in writing Parent Forum members of a school of their intention to prepare a scheme for the establishment of a Parent Council in that school. The authority are to invite forum members to indicate how the council should be constituted, and the authority are to suggest options, by way of example only (section 6(1)).

22.     Secondly, subsection (2) entitles the Parent Forum to indicate a preference for developing its own scheme, or of not having a scheme and therefore no Parent Council. The scheme(s) offered by the education authority must make these options clear to parents.

23.     Section 6(3) provides that, if the majority of the members of the Parent Forum who respond within the period notified by the education authority under subsection (1) so choose, the authority are to prepare a scheme for establishment, copy it to each member, and make arrangements for its implementation.

24.     Under section 6(4)(a), if the Parent Forum chooses to have no scheme and therefore no Parent Council, subsection (3) is then disregarded, and the education authority's duty is complete. Under section 6(4)(b), if the Parent Forum decides that a person other than the education authority should prepare the scheme, the Parent Forum must agree on who that should be. Again in those circumstances subsection (3) is disregarded. Once the scheme is drawn up, that person is to send the scheme to the members of the Parent Forum and seek the approval of the majority of parents responding. The person who prepared the scheme is then able to make the arrangements to implement the proposed scheme (subsection (5)), which must include the preparation of a constitution for the council (subsection (6)).

25.     Section 6(7) provides that, once it has been established by either of the methods set out above, the Parent Council has a number of initial, procedural duties. Section 6(7)(a) sets out who the Parent Council must inform of its establishment; section 6(7)(b) provides that those referred to in section 6(7)(a) (the headteacher, all parents, pupils and such other persons as the council consider appropriate to inform of its establishment), together with the education authority, must be informed of who the members of the Parent Council are and how they can be contacted. If the education authority did not establish the Parent Council, the Parent Council must provide copies of the council's constitution to the education authority (section 6(7)(c)). When intimating that it has been established to persons listed in section 6(7)(a)(ii)and (iv) (the members of the Parent Forum and other such persons as it appears to the council appropriate to include), the Parent Council must provide a list of its functions. These are to be found under subsections (1) and (2) of section 8.

Section 7 - Restrictions as to composition and chairing of a Parent Council

26.     Section 7 sets out who can be a member of a Parent Council and who can chair it.

27.     Section 7(1) sets out the general position, which is that the members of the Parent Council for a school must be members of the school's Parent Forum, that is, all parents of pupils at the school. Provision is also made for other persons to be co-opted to the council if the constitution of the council allows.

28.     Particular legislative provisions apply to denominational schools under the management of education authorities which do not apply to other public schools, concerning the role of the relevant church or denominational body. Section 7(2) provides that, in a denominational school, the Parent Council's constitution must allow for at least one co-opted member nominated by the church or denominational body in whose interest the denominational school is conducted. This means that where a Parent Council is established for a denominational school then the council will need to include a representative of the relevant church or denominational body.

29.     Section 7(3) defines the term 'denominational school' by reference to the relevant provisions of the 1980 Act. Section 16 of the 1980 Act deals with denominational schools under the management of an education authority having been transferred to the authority from a church or other denominational body and section 17 deals with denominational schools set up by education authorities.

30.     Subsection (4) provides that only a person who is a member of a school's Parent Forum, that is, who is the parent of a child at the school, may chair that school's Parent Council.

Section 8 - Functions of a Parent Council

31.     Section 8 sets out the functions of a Parent Council, and details other matters concerned with the operation of the council.

32.     Section 8(1)(a) requires the Parent Council's efforts to be directed towards supporting those managing the school in their endeavours to raise the standards and quality of education in the school and to develop the pupils at that school to their fullest potential. This links the functions of the council to the statutory improvement framework in the 2000 Act as well as the duty on education authorities in section 2 of the 2000 Act to secure that the education provided by them to an individual child is directed to the development of the pupil to their fullest potential.

33.     The Parent Council may make representations to the headteacher and education authority about the arrangements in the school to support parents in getting involved in their own child's education, and that of all the pupils at the schools generally (section 8(1)(b)(i)).

34.     It may also make representations to the education authority about the arrangements in the authority's area to support parents in getting involved in their child's education and in the education provided to all pupils attending public schools in the authority's area (section 8(1)(b)(ii)).

35.     The Parent Council's other functions as set out within section 8(1)(c) to (h) are to promote contact between the school, the Parent Forum, pupils and others; to report at least annually to the Parent Forum on its activities; to seek, collate and report the views of the Parent Forum on specified matters, and to review its constitution and amend it as necessary, seeking the agreement of the forum members.

36.     In addition, section 8(2) provides that a Parent Council established for a primary schools is to promote contact between the Parent Forum of the school and such providers of nursery education to prospective pupils of the school as the Parent Council considers appropriate. Subsection (3) defines what is meant by a 'provider of nursery education'.

37.     Section 8(4) allows the Parent Council to make representations to the headteacher, education authority or others as appropriate, in regard to specified matters detailed within section 8(1)(e). The council need not have obtained the views of the Parent Forum before making such representations.

38.     Section 8(5) and (6) make specific provision relating to representations made by a Parent Council to Her Majesty's Inspectorate of Education (HMIE). Where a Parent Council decide to make representations to HMIE, they are required to have first made representations to the education authority and also, as appropriate, to the headteacher and must also have received replies. Such representations might, for example relate to the standards of education in the school, the quality of education provided by the school or any other matter of concern or interest to parents of pupils at the school. HMIE in carrying out their functions are required to have regard to these representations and to reply to the council. This is in so far as it is reasonable and practicable for HMIE to do so. HMIE's functions are to be found in section 66 of the 1980 Act (inspection of educational establishments) and sections 9 to 12 of the 2000 Act (education authority inspections and codes of practice as regards inspection of authorities and educational establishments). Representations from a Parent Council may raise issues of relevance to HMIE's functions and this provision sets out a statutory framework through which HMIE can be made aware of issues of concern or interest to the council raised by a Parent Council with the headteacher or education authority. HMIE have to take them into account.

39.     Section 8(7) details what is required by way of consent, when the council is seeking to amend or replace its constitution. Each member of the Parent Forum must be sent a copy of the proposed amendment or replacement, with an invitation to say whether they agree to the proposed change, and an indication of the period within which a response is required. The Parent Council may amend the constitution if the majority of those responding agree the amendment. It must then provide the education authority and the headteacher with a copy of the revised constitution (section 8(8)).

40.     In terms of section 8(9) the Scottish Ministers can, by order, add to or alter any of the functions of the council. A statutory instrument containing such an order is subject to affirmative procedure in the Parliament (see section 22(3)).

41.     Section 8(13) requires Parent Councils to have regard to any guidance issued to them by the education authority under subsection (14). The purpose of such guidance is to assist in ensuring that any duty upon the authority, whether under statute or arising from any rule of law is met.

Section 9 - Meetings of a Parent Council

42.     Section 9(1) provides that the headteacher has both the duty and right either to attend meetings of the council, or be represented at such meetings, unless both parties have agreed otherwise. This gives a statutory basis for the participation of the headteacher in the deliberations of the Parent Council and a means of ensuring dialogue between the council and the headteacher about the education provided in the school and the other measures being taken to promote parental involvement in the school.

43.     Section 9(2) provides that, subject to subsection (3), Parent Council meetings are to be open to the public. Section 9(3) qualifies this by providing that, during consideration of matters considered by the Parent Council to be confidential, only members of the council and the headteacher or his or her representative are entitled to be present.

Section 10 - Financial powers of a Parent Council

44.     Section 10 sets out a Parent Council's financial powers and obligations. Essentially, it can raise funds (except by borrowing), receive gifts, and spend such sums as it chooses. It may not however own or have any legal interest in land or buildings.

Section 11 - Duties of education authority and headteacher to a Parent Council etc.

45.     This section is concerned largely with the education authority's duties to a Parent Council. These are intended to support the operation of a Parent Council, and require the education authority to provide advice and information to councils in response to any reasonable request from the council.

46.     Section 11(2) sets out the duty upon the education authority to take appropriate steps to ensure that the headteacher and staff at a school are available to give advice and information to the school's Parent Council on what is being done to promote parental involvement at the school. Section 11(3) places an additional duty on the headteacher of a school to give advice to the Parent Council on any matter falling within his or her area of responsibility, if requested to do so.

47.     In addition, section 11(4) provides that the education authority are to allocate funding each year so that a Parent Council can meet its administrative expenses (including the payment of a clerk, if appointed), expenses of training provided or arranged by the council for its members, and other outgoings in carrying out its functions. The funding provided for Parent Councils is to be allocated from the authority's budget, at a level which the education authority considers is reasonably required by the individual Parent Council.

48.     Section 11(6) requires the education authority to inform the Parent Council about the arrangements at its school for consultation between parents and teachers, and allows the council to make representations on those arrangements to the education authority or the headteacher.

49.     In support of the functions of a Parent Council to make representation about matters of concern or interest to the Parent Forum or the council itself, where the authority (or headteacher) has received representations from a Parent Council, subsection (7)(a) and (b) provides that they must have regard to such representations (as far as is reasonable and practicable) and must reply to them.

Section 12 - Duties of education authority to parents generally

50.     In addition to the specific duties which the Act imposes on education authorities in relation to the promotion of parental involvement in school education, and in that regard the promotion of and support for duties towards Parent Councils, section 12 of the Act also introduces formal duties on education authorities to parents generally. There is a specific obligation on education authorities to give advice and information to any parent of a pupil on any matter relating to the education provided to that pupil in one of the schools under their management. This could include the education authority taking steps to ensure that the headteacher or other staff of the school attended by the pupil are available to give the parent such advice and information.

Section 13 - Headteacher's report to Parent Council, Combined Parent Council or Parent Forum

51.     Section 13 sets out the headteacher's reporting responsibilities to the council or to the forum. The duty on the headteacher, to provide an evaluation report on the performance of the school and statement of the headteacher's objective and ambitions for the school, is owed to the Parent Council or, where there is no Parent Council, to the Parent Forum.

52.     Section 13(2) provides that in evaluating the performance of their school, for the purpose of the annual report required in terms of section 13(1), the headteacher is to carry out such evaluation by reference to the school's development plan, in particular the objectives and statement of ambitions set by the education authority for the school by that plan; the report against the previous year's school development plan as required by section 6(4) of the 2000 Act; the measures and standards of school performance set by the education authority for schools under their management, as required by section 7(1) of the 2000 Act; and the equal opportunity requirements. The "equal opportunity requirements" is defined in section 20(2) as having the same meaning as in section L2 of Part II of Schedule 5 to the Scotland Act 1998:

"Equal opportunity requirements" means the requirements of the law for the time being relating to equal opportunities.

53.     In addition to the reporting obligation the headteacher has to prepare a summary of the report and make arrangements for each parent to get a copy of the summary.