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• 24 Feb 2025

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  Yes. There is nothing in the plain meaning of the words of EA1996 s4 or any related or contextual provision which mean that a virtual provider cannot be a “school” (provided it is an educational institution providing the required types of education and is outside FE/HE sectors etc as specified in s4).  However, Noddy notes that the DfE (and seemingly Ofsted) are not treating them as ‘schools’ for inspection and registration purposes (although, confusingly, they also seek to distinguish such providers from ‘traditional schools’ which might rather suggest that they are schools). But Noddy sees no basis for that and, clearly, DfE/Ofsted practice should reflect rather than make law. The reference in Regs2014 r12(1)(i) to “attendance” cannot change the meaning of the primary legislation. But even if the r12(1)(i) reference to “attend” indeed connoted physical attendance, all that would do is disengage the obligation to include name/type in section I for a virtual provider, it would not remove any obligation (arising CFA2014 s39 / s40) to secure that the plan named the provider. 

  

  Noddy No-nonsense Guide
  Authors: David Wolfe KC, Leon Glenister

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