The governing body has key responsibilities in relation to reviewing headteachers’ exclusion decisions and must arrange suitable full-time education for excluded pupils from the sixth school day of a fixed-period exclusion. Academy trusts are also responsible for arranging an independent review panel to consider permanent exclusions, where requested by parents. For maintained schools, this duty rests with the local authority. Governing bodies have a wider role to hold headteachers to account for the lawful use of exclusion. Exclusion must be for disciplinary reasons and all exclusions must be done in line with the legal requirements. Where a pupil is removed from the school premises without being excluded there needs to be a lawful basis for this decision, for example, under the powers of a maintained school to direct a pupil offsite to improve their behaviour (). 4.3.3 School attendance The governing body of a maintained school or academy trust must reassure itself that the school keeps admission and attendance registers in accordance with regulations. Further information and guidance is available in the section of GOV.UK. The governing body must make sure that the school provides information requested by the Secretary of State, including the termly absence data the department collects. 4.3.4 Parenting measures The maintained school governing body, academy trust, headteacher and local authority have powers to intervene where a pupil’s behaviour or attendance at school becomes problematic. Information on parenting contracts, parenting orders and penalty notices are in section 3 of the statutory guidance . Governing bodies, academy trusts, headteachers and local authorities must have regard to it when carrying out their duties. 4.4 The school and school year Academies set their own school day and term dates. The provisions on school sessions do not apply to them. The headteacher of a maintained school will recommend the length of the school day, including session times and breaks. The governing body must agree the recommendation. School employers determine the term dates. Maintained schools must open for at least 380 sessions (190 days) in a school year. The school year must begin after July. If a school is prevented from meeting and it is not reasonably practicable for arrangements to be made for it to make up the lost session(s), it can be deemed to have been open for the required 380 sessions.
7.10.2 Basic Need Capital ‘Basic need’ supports the capital requirement for providing additional pupil places both in new or expanded maintained schools, and academies. Basic need funding is allocated on a purely formulaic basis using data from the Annual Schools Capacity Survey. It is made available to local authorities in the first instance and it is for each local authority to decide how basic need allocations should be prioritised at local level. Further information on the planned use of basic need funding can be supplied by the local authority officer with responsibility for pupil place planning. 7.10.3 Devolved Formula Capital Devolved Formula Capital (DFC) is capital funding that is allocated, via local authorities, on a purely formulaic basis and is made available to schools for their own use, in line with departmental guidance. DFC is based on the Annual Schools Census data set, collected in January. The level of DFC, as calculated for each school by us, should be passed on by local authorities to their maintained schools and by the EFA for academies. DFC is normally used for smaller capital purchases, including information and communication technology. DFC is calculated for all maintained mainstream primary and secondary schools, special schools, pupil referral units, academies, community technical colleges and special schools. Independent schools and nursery (direct grant) schools do not receive DFC. Details of the capital programmes available to local authorities and schools are available on . The arrangements for VA schools are explained in the guidance on capital funding for VA schools in England. Further information on capital funding, including specific advice on academies, VA schools and the 16-19 sector capital, can be accessed by email to: 7.10.4 Developments at schools The Building Regulations 2010 set standards for the design and construction of buildings in England and Wales. Their prime purpose is to ensure the safety and health of people in or around buildings, but they also cover energy conservation and accessibility. They cover the construction of new schools and many alterations of, and improvements to, existing school buildings. As with other building types, developments at schools are bound by normal planning controls. Information on these building regulations and associated guidance are on the government .