It is a requirement under the Freedom of Information Act and ICO to set out your commitment to making certain classes of information routinely available, such as policies and procedures, minutes of meetings, annual reports and financial information.

Earlier this year, as a result of questions about this requirement from our schools, we created model Publication Schemes for use by Local Authority maintained schools as well as Academies and Multi-Academy Trusts.

The DPE model documents are in two formats (Detailed and High Level) and the reason why is explained here:

• A Detailed Publication Scheme: for use as a reference document which clearly states what the DfE and ICO expect a school/academy to have in place and which of these documents a school needs to make available to its stakeholders.
• A High-Level Publication Scheme: to quote the ICO this should be:  “a short document (say two pages long) setting out your high-level commitment to proactively publish information” “suitable for all sectors and consists of seven commitments and seven classes of information”.

So in other words, the High-Level document is simpler guidance for stakeholders, summarising what schools/academies are able to provide but still in accordance with DfE and ICO expectations. This can be published on the school/academy website following minimal adaptation to the particular education setting. 

(Please note that under Class 5 Information - schools/academies are required to add details of their own policies if not already included in the list of DfE statutory policies. This applies to both the Detailed and High-Level Publication Scheme model documents). 

About the 7 Classes of Information and why do we have to publish?

In both the High Level and Detailed versions we refer to the 7 classes of information as required by the ICO and include ‘Who we are and what we do’ and ‘the services we offer’, as well as the classes which cover “more formal types of information you hold, such as information about the structure of your organisation, minutes of meetings, contracts, reports, plans and policies”

DPE has received queries from schools asking why they need to publish this information and we have now amended our model publication schemes to reflect that some information will be provided upon written request to the school (not to be confused with an FOI request).   

Governance Information: We have also included links to the GIAS GOV.UK database which will allow schools/academies to provide up to date information about their Governing Body/Trust Board including its constitution, although be aware that this database does not include details of Governor’s/Trustees declaration of business interest and details of this information may legitimately be requested in accordance with the ICO but could be demonstrated in governor’s/trustees minutes.

DPE recommends that by following this guidance schools/academy’s will comply with the ICOs instruction: “You should include all information that falls in the seven classes unless there is a good reason not to. This is in line with one of the principles of the Act - that public information should be made available unless there is good reason to withhold it, and the Act allows it” and “You are not required to proactively publish drafts, notes, older versions of documents that have been superseded, emails or other correspondence. Actions and decisions in relation to specific individuals are also unlikely to be covered. Members of the public wanting access to information that is not included in your guide to information can still make a freedom of information request”.

Link to ICO guidance What information do we need to publish? | ICO

Amendments to the Model Publication Schemes - for Academies and Maintained School

In all versions of our model document we have included an example of Objectives and Targets - it is entirely optional whether a school/academy wishes to include this level of detail. However, the ICO recognises that the school/academy’s policies and procedures underpin how they meet their responsibilities, aims, targets and objectives, therefore in the interest of transparency DPE recognise this may be a valuable addition to the introduction of a school/academy’s Publication Scheme. 

Latest DfE Update - Coronavirus Catch Up Premium

In November 2020 the DfE announced that schools in the UK will be receiving Coronavirus Catch Up Premium for the academic year 2020 / 21. This funding is for one year only and will not form part of the school's baseline funding.  However, much like Pupil Premium, Year 7 Catch Up Grant or the Primary Sports Grant, schools/academies will be expected to publish details of this funding on their websites.

Details of how schools/academies will be expected to report this funding have been added under the following classes of information in the detailed Publication Scheme:

• Class 1:  Who we are and what we do
• Class 2:  What we spend and how we spend it

DfE Statutory Policies – Under Class 5 Information

DPE have listed all DfE statutory policies (correct at time of issuing this document) and notes which are to be published on the school/academy website and which are retained by the school/academy for internal use. Please note that the list is different when comparing maintained schools to academies and some information precluded from this list for Academies is actually required to be published by the ICO, but under a different class of information. Please see the note below.

The DfE statutory policies are as follows:

Name of Policy	Maintained Schools to Publish	Academies to Publish	For Internal Use only
Accessibility Plan	Website - Free	Website - Free
Admissions Policy	Website - Free	Website - Free
Behaviour in Schools Policy	Website - Free	Website - Free
Behaviour Principles written statement (this may be included in the school’s Behaviour Policy	Website - Free	Not required here by Academies** Required under ICO Class 1
Capability of Staff	N/A	N/A	Internal Use only
Careers guidance: details of your careers programme and a provider access statement (delete as appropriate to key stage)	N/A	N/A	Internal Use only
Charging and Remissions Policy	Website - Free	Website - Free
Child Protection Policy and Procedures	Website - Free	Website - Free
Children with health needs who cannot attend school	Website - Free	Website - Free
Complaints Policy	Website - Free	Website - Free
Data Protection Policy	Website - Free	Website - Free
Designated teacher for looked-after and previously looked-after children	N/A	N/A	Internal Use only
Early Years Foundation Stage EYFS	N/A	N/A	Internal Use only
Equality information and objectives (public sector equality duty) statement for publication	Website - Free	Website - Free
First Aid Policy	N/A	N/A	Internal Use only
Governors Allowances (Schemes for paying)	Website - Free	Not required here by Academies** Required under ICO Class 1	Internal Use only
Health and Safety Policy	N/A	N/A	Internal Use only
Instrument of Government (schools could provide a link to GIAS database)	Website - Free	Not required here by Academies** Required under ICO Class 1
Newly Qualified Teachers (NQT)	N/A	N/A	Internal Use only
Premises Management Document	N/A	N/A	Internal Use only
Protection of Biometric Information held in schools	N/A	N/A	Internal Use only
Register of business interests of headteachers and governors	N/A	Website - Free	Internal Use only
Register of student’s admission to school and attendance	N/A	N/A	Internal Use only
School Exclusion Policy	N/A	N/A	Internal Use only
School information published on a website	Website - Free	Website - Free
Sex and relationships education	Website - Free	Not required here by Academies** Required under ICO  Class 1
Single Central Record of security and vetting checks	N/A	N/A	Internal Use only
Special Educational Needs and Disability (SEND)	Website - Free	Website-Free
Staff discipline, conduct and grievance (procedures for addressing)	N/A	N/A	Internal Use only
Statement of procedures for dealing with allegations of abuse made against staff	N/A	N/A	Internal Use only
Supporting students with medical conditions	Website - Free	Website - Free
Teachers Pay	Upon Written Request	Not required here by Academies** Required under ICO Class 2	Internal Use only for Maintained Schools
Whistleblowing Policy (DfE recommendation)	Not required for publication  by maintained schools	Website - Free	Internal Use only for Maintained Schools
PLEASE LIST ALL OTHER WRITTEN POLICIES / PROCEDURES THAT THE SCHOOL / ACADEMY HAS IN PLACE TO DELIVER SERVICES AND RESPONSIBILITIES, AS REQUIRED BY THE ICO	Please note if these policies are on the website and free to download or for school/academy internal use only

Differences between the types of information required by the DfE vs ICO**

It’s easy to get confused between the different requirements that the DfE stipulates relating to the publication of key information when compared to what the ICO state should be published, and this especially applies to Academies.  Academies should check their Funding Agreement to see if there are particular conditions placed upon them by the Secretary of State, which may mean publication of specific information under their Publication Scheme.

The confusion continues - as you can see from the table above, under Class 5 information the DfE does not require an  Academy to publish its Instrument of Government, BUT under the ICO (as noted in the Academy Detailed version) under Class 1 information, it does have to publish its Articles of Association as well as other official documents such as its Funding Agreement and Master Funding Agreement, detail the type of academy (Convertor or Sponsored) and provide details of the constitution of the Trust Board.

Also under Class 1 information under the ICO, an Academy has to publish details of the curriculum it offers whereas they are not required to do this by the DfE.

Under Class 2 information Academies are required to publish information, under the ICO, about the Terms and Conditions of Employment they have signed up to under their Funding Agreement as agreed with the Secretary of State, but this is not a requirement of the DfE. 

Charging for Hard Copies

If you are intending to make a charge relating to the cost of producing hard copies, you will need to include a table of charges within your publication scheme.