The Secretary of State for Education, in exercise of the powers conferred by section 38 of, and paragraphs 1 and 4 of Part 1 of Schedule 17 to, the Coronavirus Act 2020 (1), gives the following direction.

Before giving this direction, the Secretary of State for Education:

(a) has had regard to any advice from the Chief Medical Officer or one of the Deputy Chief Medical Officers of the Department of Health and Social Care relating to the incidence or transmission of coronavirus; and

(b) is satisfied that giving this direction is a necessary and proportionate action for or in connection with the continued provision of education for the specified period for one or more persons.

1. This direction applies to the following schools in England:

(a) community schools, community special schools, foundation schools, foundation special schools, voluntary schools, pupil referral units, non-maintained special schools, Academy schools, alternative provision Academies; and

(b) independent schools, other than schools referred to in sub-paragraph (a), where those schools have registered pupils whose education at the school is wholly paid for out of public funds received by the school from the Secretary of State, a local authority in England or a school in England.

2. The responsible body of any school to which this direction applies is required to provide remote education to pupils referred to in paragraphs 3 and 4, in the circumstances provided for in paragraph

3. Where the school is a school falling within paragraph 1(a), the responsible body must provide remote education for any registered pupil who is:

(a) of compulsory school age; or

(b) under that age, whom it is expedient to educate with pupils who are of that age.

4. Where the school is a school falling within paragraph 1(b), the responsible body must provide remote education for any registered pupil referred to in paragraph 1(b) who is:

(a) of compulsory school age; or

(b) under that age, whom it is expedient to educate with pupils who are of that age.

5. The circumstances are where the registered pupil does not attend at the school because the pupil’s travel to or presence at the school would be:

(a) contrary to any guidance relating to the incidence or transmission of coronavirus published by Public Health England or the United Kingdom Health Security Agency, the Secretary of State or any body or authority exercising equivalent functions in relation to Scotland, Northern Ireland or Wales;

(b) prohibited by any enactment relating to the incidence or transmission of coronavirus or any instrument made under such an enactment; or

(c) contrary to advice relating to the incidence or transmission of coronavirus given to the school by –

(i) a person appointed as a Director of Public Health under section 73A of the National Health Service Act 2006;

(ii) a person otherwise employed or engaged by a local authority in communicable disease control; or

(iii) Public Health England or the United Kingdom Health Security Agency.

6. When complying with this direction the responsible body must have regard to any guidance given by the Secretary of State for Education relating to the provision of remote education in accordance with this direction.

Definitions

7. In this direction –

“Academy school” has the same meaning as in section 1A of the Academies Act 2010 (2);

“alternative provision Academy” has the same meaning as in section 1C of the Academies Act 2010;

“community school” has the same meaning as in section 20 of the School Standards and Framework Act 1998 (3);

“community special school” has the same meaning as in section 20 of the School Standards and Framework Act 1998;

“compulsory school age” has the same meaning as in section 8 of the Education Act 1996 (4);

“coronavirus” means severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2);

“enactment” includes --

(a) an enactment passed or made after this direction;

(b) an enactment contained in subordinate legislation within the meaning of section 21 the Interpretation Act 1978 (5);

(c) an enactment contained in, or an instrument made under, an Act of the Scottish Parliament;

(d) an enactment contained in, or an instrument made under, an Act or Measure of Senedd Cymru; and

(e) an enactment contained in, or an instrument made under, Northern Ireland legislation;

“foundation school” has the same meaning as in section 20 of the School Standards and Framework Act 1998;

“foundation special school” has the same meaning as in section 20 of the School Standards and Framework Act 1998;

“independent school” has the same meaning as in section 463 of the Education Act 1996;

“local authority in England” has the same meaning as in section 579(1) of the Education Act 1996;

“non-maintained special school” means a school that is approved under section 342 of the Education Act 1996;

“public funds” means moneys provided by Parliament;

“pupil” has the same meaning as in section 3 of the Education Act 1996;

“pupil referral unit” has the same meaning as in section 19(2B) of the Education Act 1996;

“remote education” means education provided to a registered pupil who does not attend at school;

“registered pupil” in relation to a school means a person registered as a pupil at the school in the register kept under section 434(1) of the Education Act 1996;

“responsible body” means the proprietor of a school within the meaning of section 579(1) of the Education Act 1996;

“school” has the same meaning as in the Education Act 1996 (see section 4 of that Act);

“voluntary school” has the same meaning as in section 20 of the School Standards and Framework Act 1998.

Specified period

8. The specified period in this direction starts at the beginning of the 2021-22 school year (within the meaning in section 579(1) of the Education Act 1996) and finishes the earlier of –

(a) the end of that school year, or

(b) expiry, revocation or repeal of paragraph 1 of Part 1 of Schedule 17 to the Coronavirus Act 2020.

Effect

9. This direction has effect until the earlier of—

(a) the end of the specified period, or

(b) the revocation of this direction by a further direction given by the Secretary of State under paragraph 1 of Part 1 of Schedule 17 to the Coronavirus Act 2020.

Enforcement

10. The duty to comply with this direction by a responsible body is enforceable by the Secretary of State making an application to the High Court or the county court for an injunction, and any such application may be made without notice being given to the responsible body.

(1) 2020 c.7.

(2) 2010 c.32.

(3) 1998 c.31.

(4) 1996 c.56.

(5) 1978 c.30.

Signed by, or on behalf of, the Secretary of State for Education:

Gavin Williamson

Date of signature: 18th August 2021