Early childhood education and care 

Private, voluntary and independent sector providers – collectively known as PVI providers – operate in the early childhood education and care sector. They are financed by parental fees and may also receive some public funding.

Childcare providers that are financed only by parental fees and receive no public funding must be registered and inspected by the Care Inspectorate Wales (CIW).

Some providers receive some public funding for delivering education for three- and four-year-olds in the Foundation Phase (see the article on the ‘Organisation of Programmes for Children over 2-3 years’). Since January 2019, these settings have been inspected by Estyn, the Office of Her Majesty’s Inspectorate for Education and Training in Wales, and the CIW, under a joint inspection framework. Previously, the education which these settings provided was inspected by Estyn, whilst the quality and safety of the childcare provided were inspected by the CIW.

Schools 

The private schools described below charge fees and receive no direct support from public funds, although they may benefit from tax concessions.

This article does not cover voluntary aided schools or voluntary controlled schools which are set up and, in many cases, owned by a voluntary body, as these are maintained schools, not independent schools.

In Wales (as in England), private schools are legally defined as ‘independent schools’. The Education Act 1996 (Part VII, Section 463) defines an independent school as any school at which full-time education is provided for five or more pupils of compulsory school age and which is not a school maintained by a local authority or a non-maintained special school (which is independent of local authority control and which operates on a not-for-profit basis). 

The Welsh Independent Schools Council (WISC) is the umbrella body representing independent schools in Wales. It is affiliated with the Independent Schools Council (ISC), which represents schools in the UK independent sector. The 2020 ISC annual census provides an overview of the characteristics of the schools represented by the ISC across the different countries and regions within the UK. 

Funding 

Independent schools are funded through tuition fees paid by parents and, in some cases, also by donations and grants received from benefactors. The great majority of independent schools have charitable status which enables them to take advantage of tax concessions. Like all charities, independent schools must by law demonstrate that they are for the public benefit. Independent schools’ charitable activities can include fee assistance schemes, collaborating with state schools, and allowing state school pupils to attend certain lessons or events.

Further information about independent schools in England and Wales and their charitable status is available in this September 2017 House of Commons Library report.

Regulation and quality assurance 

Independent schools in Wales are subject to government regulation as set out in the statutory framework for independent schools laid down in the Education Act 2002 (as amended by the Education Act 2005). Independent schools must be registered with the Welsh Government and can be removed from the register if they are found not to be providing satisfactory education. As the registration authority, the Welsh Government also has the power to require an independent school to be inspected.

To be approved for registration, independent schools must meet the standards set out in The Independent School Standards (Wales) Regulations 2003. Estyn, the Office of Her Majesty’s Inspectorate for Education and Training in Wales, examines schools against the standards, which cover:

• the quality of education provided
• the spiritual, moral, social and cultural development of pupils
• the welfare, health and safety of pupils
• the suitability of proprietors and staff
• the premises and accommodation
• schools’ provision of information
• the manner in which schools handle complaints.

Detailed guidance on the registration of independent schools is available from the Welsh Government website.

Estyn examines whether schools continue to meet the independent school standards during inspections, and all education and training providers in Wales will be inspected at least once between September 2016 and September 2023. The Estyn Guidance Handbook for the Inspection of Independent Schools provides information on all aspects of inspection, including self-evaluation prior to inspection, the inspection process, inspection judgements and follow-up activity. A number of other guidance documents on independent school inspections, including guidance on self-evaluation, are available from the Estyn website.

Following an inspection, an independent school receives a report detailing the extent to which it meets the requirements of The Independent School Standards (Wales) Regulations. If the inspection report states that the school does not meet one or more of the standards, the proprietor is required to submit an action plan within a specified period of time. Estyn inspectors will monitor the school’s progress in meeting these standards. Schools may be removed from the register of independent schools if there is a risk of serious harm to the welfare of pupils, subject to 28 days right of appeal.

Curriculum 

The curriculum of an independent school is the responsibility of the proprietor of the school; independent schools do not have to follow the National Curriculum for Wales. However, the curriculum is one of the major aspects considered in a school inspection (see ‘3.2 The breadth, balance and appropriateness of the curriculum’ on pages 20-22 of the Guidance Handbook for the Inspection of Independent Schools). Also, both the range and the depth of the curriculum offered must be appropriate for the age, aptitude, ability and any additional learning needs (ALN) of the pupils in the school.

Teachers 

Pay and conditions of employment for teachers in schools in the independent sector are drawn up by the proprietor of the school in accordance with employment and equality law.

Pay and conditions may make reference to, or be independent of, the conditions applicable to teachers in the publicly funded sector. However, salary scales are usually similar to those of teachers in the publicly funded sector.

It is normally assumed that teachers in independent schools will take an active part in the extra-curricular life of the school, and this may be stated explicitly in their terms of contract, particularly in the case of boarding schools.

Independent schools are not bound by the professional standards for teaching and leadership, nor by the regulations on performance management that apply to teachers in publicly funded schools.

Teachers in independent schools are also not legally required to have Qualified Teacher Status (QTS), nor are schools legally obliged to offer the induction year which is statutory for newly qualified teachers in maintained schools.

Higher education 

Most higher education institutions in Wales are dependent on public funding, although they are not owned or managed by the state. They are autonomous, independent organisations, with their own legal identities and powers, both academic and managerial. They are government-dependent private institutions.

Wales has limited alternative higher education provision (that is, provision in government-independent private institutions).

Adult education and training 

In the adult education and training sector, there are private providers offering work-based learning, and technical and professional qualifications, some of which are in receipt of public funds. Such institutions are entirely autonomous, although they will generally offer a range of nationally recognised qualifications.

Private further education institutions which are Tier 4 visa sponsors for (non-EEA / Swiss national) overseas students must receive a satisfactory review or inspection by the Independent Schools Inspectorate (ISI). This is a publicly recognised inspection body approved for Tier 4 general student visa purposes. Further information is available via the ISI Private Further Education website.

The British Accreditation Council (BAC) is the national accrediting body for private post-16 education in the UK. The Council aims to improve and enhance standards in independent further and higher education through its comprehensive quality assurance and accreditation scheme.

Article last reviewed December 2020.