Department for Children, Schools and Families

The Education and Inspections Act 2006

In autumn 2005 the Government published Higher Standards, Better Schools For All, the Schools White Paper. This is a major step towards the Government's aim of ensuring that every child in every school in every community gets the education they need to enable them to fulfil their potential.

The Education and Inspections Act gives legal force to many of these proposals, and to some additional measures that were not included in the original White Paper. It received Royal Assent on 8 November 2006.

The Department has produced an implementation chart, which sets out:

  • when the provisions of the Act come into force
  • when relevant consultations are taking place.

To order a free copy please visit online publications.

An interactive version of this guide is also available.

Here are some of the main provisions in the Act.

Trust schools

The Act will enable all schools to become Trust schools by forming links with external partners. If the school chooses, these external partners will be able to appoint the majority of the Governing Body. Trust schools will:

  • own their own assets;
  • employ their own staff;
  • set their admission arrangements;
  • be able to apply for additional flexibilities.


There will be safeguards around the acquisition of Trusts.

Local authorities

Local authorities will take on a new strategic role including:

  • duties to promote choice, diversity, high standards and the fulfilment of potential for every child;
  • a duty to respond to parental concerns about the quality of local schools;
  • acting as decision-maker on school organisation matters;
  • responsibility for making sure young people have a range of exciting things to do in their spare time;
  • appoint School Improvement Partners for maintained schools;
  • provide positive activities for young people.

Fair access

The Act will tighten the admissions framework to ensure fair access for all by:

  • reaffirming the ban on new selection by ability;
  • placing a ban on interviewing;
  • strengthening the status of the Code on School Admissions;
  • bringing in new powers for admissions forums;
  • extending the duty on local authorities to provide free transport for the most disadvantaged families.

The Act will also:

  • place a duty on governing bodies to promote well-being and community cohesion, and to take the Children and Young People's Plan into consideration;
  • create a power for staff to discipline pupils;
  • extend the scope of parenting orders and contracts;
  • improve provision for excluded pupils;
  • put in place a new entitlement to specialised Diplomas for young people;
  • establish new nutritional standards for food and drink served in maintained schools;
  • merge several existing inspectorates into a single inspectorate to cover the full range of services for children and young people, as well as life-long learning.

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