Department for Children, Schools and Families
 
 

  CONCORDAT

Bi-lateral Concordat Between Department Of Education (DE), And Department For Education And Skills (DfES)

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Introduction

1.   This Concordat establishes an agreed framework for co-operation between DE and DfES on all matters in relation to the business areas listed in the attached Annex. The general principles upon which the Concordat is based are the maintenance of good working relationships for the mutual benefit of both Departments underpinned by good communications in both directions and the avoidance of surprises. It acknowledges, and does not prejudice, the prerogatives and rights of both the UK Parliament and Northern Ireland Assembly in relation to matters within the Concordat.

2. The Department of Education and Department for Education and Skills recognise the importance of co-operating in order to meet their respective policy and business objectives. Each has a contribution to make sure there is effective administration, co-operation and exchange of information in areas of parallel interest listed in the Annex.

Purpose of the Concordat

3.  The purpose of this Concordat is to describe the basis on which DE and DfES will consult each other, exchange information, and work together in relation to the matters listed in the Annex. It is not, however, intended to be an exhaustive description of every aspect of the relationship between the two Departments, or to preclude communication between them about other issues or situations.

4. The Concordat is not intended to constitute a legally enforceable contract or to create any rights or obligations which are legally enforceable. It is intended to be binding in honour only.

Implementation of the Concordat

5. The implementation of the Concordat is the responsibility of the officers of DE and DfES who have responsibility for managing relevant areas of work.

Consultation Arrangements and Advance Notification

6.  DE and DfES accept the need to keep in touch with each other on the matters of parallel interest listed in the Annex and confirm their commitment to consult and exchange information on these in a timely and helpful manner.

7. Advance notification and, where appropriate, consultation should take place as early as possible. As a minimum, however, the two Departments aim, as far as possible, to meet the following guidelines:-

Policy Initiatives and Associated Announcements

  • advance notification where practicable of not less than one month prior to the announcement of a major relevant policy initiative:
Legislation Proposals, including subordinate legislation
  • advance notification where practicable of not less than three months prior to the introduction of primary legislation and the making of subordinate legislation.

Exchange of Information, Statistics and Research etc

8.  The two Departments agree to provide each other with full and open as possible access to scientific, technical and policy information including statistics, research and regulatory impact assessments, subject to any confidentiality and freedom of information requirements.

9.  Where practicable, each Department undertakes to provide within 15 days any information requested by the other to enable it to carry out its responsibilities effectively. Where such provision is not practicable, involves disproportionate cost or the information is not available in a reasonably accessible form, the problems will be resolved on a case by case basis.

10.  These arrangements will be supplemented by those in the Concordat between the UK Government and the devolved administrations on statistics.

Confidentiality

11.  The two Departments agree to ensure that information supplied by or to them is subject to appropriate safeguards and specifically that information provided in confidence is treated with appropriate discretion.

12.  The following general rules contained in the Memorandum of Understanding will apply :-

  • it is for the Department providing the information to state what, if any, restrictions are placed on its use;
  • each Department will treat information which it receives in accordance with the restrictions placed on its use;
  • disclosure of information may be subject to the requirements of future freedom of information regimes.

Joint Working

13.  The two Departments will co-operate where there are advantages, including economic or financial, in them working jointly on an issue eg where they are developing policies in the same subject area. This co-operation could take various forms, eg official working groups, regular bilateral meetings, representation on steering or policy groups, or joint training initiatives.

Liaison on Appointments to Public Bodies

14.  The two Departments undertake to co-operate as appropriate on appointments to public bodies etc the remits of which span the responsibilities of, or are of interest to, both.

Handling of Correspondence

15.  In accordance with the Memorandum of Understanding any correspondence which has to be transferred by one Department to the other will be transferred within 15 working days. Within the same time, the correspondent should be told what action has been taken and who is now responsible for handling their correspondence.

Parliamentary Debates, Committees and Questions

16.  The two Departments will co-operate fully and in line with the principles set out in the Memorandum of Understanding on relevant matters arising on Parliamentary debates, committees and questions.

Review

17. This Concordat will be reviewed one year after coming into operation and every two years thereafter. Either party may request an additional review if they consider it necessary and any changes made to the concordat will be with the agreement of both parties.

ANNEX




BUSINESS AREAS OF PARALLEL INTEREST




Pre-school Education Programme

National Childcare Strategy

UK Framework for early years qualifications persons working with young children

School Structure and Organisation

Curriculum

Assessment

Child Protection Issues

National Framework for Qualifications - inc GCSE/A levels; GNVQs

School Estate and Building Standards

Public Private Partnerships as applied to schools and colleges

Independent School Matters

School Meals

Special Educational Needs

Licensing of Adventure Activities[1]

Enterprise Education and Education Business Links


Teachers: Training and Qualifications (initial and for headships etc)

    Registration (Inc GTC etc)

    Pay and Conditions

    Performance and Appraisal

    De-registration (barring) and list 99

    Pension and premature retirement provisions


Financing of Education - including public expenditure and LMS issues

Information and Communications Technology - inc NGfL and BECTa

Youth Service

European Issues


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[1] Responsibility for the Licensing of Adventure Activities in Northern Ireland falls within the remit of the Department of Culture, Arts and Leisure (DCAL).

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