School Activities (Charges) (Hansard, 18 February 1988)

§ Mr. Kenneth Baker

My right hon. Friend the Secretary of State for Wales and I undertook consultations about charges for school activities in response to requests from parents, schools and LEAs for clarification of the effect of section 61 of the 1944 Education Act. We together received some 480 responses; we have also had further discussions with the local authority associations and others. Respondents to the consultations have generally endorsed our objectives, which are to preserve the principle of free education, to clarify the law and to maintain valued provision.

The consultations made clear that our proposals can be substantially simplified while still achieving these aims. We therefore propose to introduce new clauses to the Education Reform Bill on the following lines:

(a) to establish clearly that schools may invite but not require parents to make voluntary contributions to the school's activities in order to enhance what is otherwise provided. Such contributions should benefit all pupils in a group whether or not their parents have contributed, and might cover for example class trips in school time, or the provision of additional computer equipment.
(b) to permit schools to charge for the additional costs of activities provided outside school hours. But charging will not be allowed where provision organised out of school hours is specifically required by an external examination syllabus or national curriculum legislation.
(c) Except in the following two cases, to prohibit charging for any activity undertaken within normal school hours; and also prohibit "charging in kind" for such activities—though schools will not be prevented from encouraging pupils to bring in their own materials on a voluntary basis where appropriate, for example for cookery classes.
(d) to permit charges for individual instrumental music tuition, taken with a parent's agreement, even when it is provided during normal school hours.
(e) to confirm that charges may be made for board and lodging for residential courses such as field trips, as allowed under the 1944 Act. But the proviso in that Act that charges must be remitted if suitable education cannot be provided on an alternative non-residential basis is rarely practicable and will not be repeated.
(f) to provide that the full cost of board and lodging must be remitted where children of parents receiving family credit or income support are required to go on a field trip; and that more generally schools may use their powers to remit charges in the light of their own published policies.

The legislation will not require any charges to be made. Where charges are allowed it will be for the provider of the service (generally the school, but in some cases the LEA) to determine whether they should be made.

We believe that these proposals will be widely welcomed as a practical solution to a long-standing problem which has become increasingly difficult in recent years, and which all concerned have urged us to tackle. 684W Such legislation will reaffirm the basic principle of free school education, will ensure that parents, schools and LEAs know clearly what is and is not permitted, and will enable worthwhile enhancements to normal provision to be retained.