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1st May 2020

Coronavirus Act 2020 – Notices to temporarily remove or relax statutory requirements in education and childcare

We recognise that during the coronavirus (COVID-19) outbreak, flexibility will be needed in education and childcare settings. Under the Coronavirus Act 2020, the Secretary of State for Education can issue notices to temporarily remove or relax statutory requirements and provisions in academy arrangements where this is an appropriate and proportionate action relating to the incidence or transmission of coronavirus (COVID-19). The Secretary of State for Education has issued four notices to:

  • disapply offences for non-attendance in schools during the coronavirus (COVID-19) outbreak, so that parents will not be penalised if their child does not attend school.
  • modify pupil registration requirements so that a child attending a school on a temporary basis because of the coronavirus (COVID-19) outbreak should not be registered as a pupil and should return to their usual school once it reopens.
  • disapply the duty on Ofsted to undertake regular inspections of state-funded schools within prescribed intervals. Duties on other bodies to provide a statement of action and relating to the inspection of collective worship and denominational education are also disapplied.
  • modify the duty on local authorities to secure special educational provision and on health commissioning bodies to arrange health provision in accordance with education, health and care (EHC) plans, so that they can discharge this by using their ‘reasonable endeavours’.

The notices apply from 1 May 2020 to 31 May 2020. We will continuously review whether these notices are an appropriate and proportionate action in all the circumstances relating to the incidence or transmission of coronavirus (COVID-19). Further notices may be made as a result.

We have also amended regulations to alter timescales relating to EHC plans. The usual timescales for EHC needs assessment and plan processes will be replaced by duties to act as soon as is reasonably practicable (or in line with any other timing requirement in the amended regulations). This guidance document will cover the period from 1 May 2020 to 25 September 2020 and will be kept under review.

The guidance document can be found here:

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