The cumulative impact of statutory instruments on schools: 9th report of session 2008-09, report with evidence

This inquiry was prompted by the finding that, in the 2006-07 session, schools were the subject of around 100 different statutory instruments made by the Department for Children, Schools and Families (the Department). Evidence from schools’ representatives has convinced the Committee that the Department need to overhaul their approach and to actively manage the planning and production of secondary legislation and guidance. Too many regulations are currently introduced piecemeal, throughout the school year. The Committee concludes that the Department should bring schools-related instruments into force on a single date - 1 September is recommended - and give schools at least a term’s notice to prepare to implement them. The Government should, moreover, adopt a less heavy-handed approach in its relationship with schools and shift its focus away from the regulation of processes through statutory instruments towards establishing accountability for the delivery of key outcomes. This approach would leave greater room for the professionalism of practitioners to deliver the objectives of improving education. The Committee has also found that the Department rarely reviews the effect of the regulations that it imposes. As a consequence, the Department does not know whether a statutory instrument has achieved its policy objective. The Committee calls on the Department to review the implementation of all significant regulations.