Governing bodies of maintained schools are able to transfer control of the school premises to a third party to provide childcare or other activities, so that school facilities can be used without needing ongoing management or administrative time from the school staff. The arrangements will be different depending on the category of school.
- For community, community special and voluntary controlled schools, the governing body could enter into a transfer of control agreement for a third party to use the premises for childcare or other activities during the school day, with the local authority’s consent.
- For foundation, foundation special and voluntary aided schools, the governing body or trustees own the premises, and the governing body controls their occupation and use, so could themselves provide or ask a third party to provide child care or other activities on the premises.
- An Academy Trust would be able to bring in external persons or organisations to assist in the provision of childcare and educational services at the academy. There would be no provision or need for a ‘transfer of control agreement’ and the Academy Trust would be expected to remain ultimately responsible for the premises and supervision of children.
The ‘user’ of the premises can be asked to pay the governing body a fee. Private providers may charge parents for services and schools could subsidise them, but would not have to.
Although childcare providers for children under the age of eight are normally required to be registered with Ofsted, they can be exempted if the childcare provider operates from a particular premises for 14 days or less in any year and if they inform Ofsted in writing at least 14 days before starting to provide care. For children aged 8-18, registration is not compulsory. Third parties holding activities at the school should, nevertheless, follow any specified health and safety policies and hold relevant insurance.
