National minimum standards for boarding CA 1989 s. 87C
CA 1989 s. 87C empowers the Secretary of State to issue, review, and consult on national minimum standards for child welfare in boarding schools.
The Secretary of State may prepare and publish statements of national minimum standards for safeguarding and promoting the welfare of children for whom accommodation is provided by a school or college. The Secretary of State shall keep the standards set out in the statements under review and may publish amended statements whenever he considers it appropriate to do so. Before issuing a statement, or an amended statement which in the opinion of the Secretary of State effects a substantial change in the standards, the Secretary of State shall consult any persons he considers appropriate. The standards shall be taken into account— in the making by the appropriate authority of any determination under section 87(4) or (4A); in the making by a person appointed under section 87A(1) of any determination under section 87B(2); and in any proceedings under any other enactment in which it is alleged that the person has failed to comply with section 87(1).
Text in force at .
Source: legislation.gov.uk — The National Archives (legislation.gov.uk), reproduced under licence Open Government Licence v3.0.
What it actually says
Section 87C gives the Secretary of State the authority to create, publish, and update national minimum standards for safeguarding and promoting the welfare of children living in boarding schools or colleges. Before issuing new standards or making significant alterations to existing ones, the Secretary of State must consult relevant parties.
These published standards do not create direct obligations by themselves; instead, they serve as the legal benchmark during regulatory determinations and court cases. Inspectors, decision-makers, and courts must take these standards into account when assessing whether a school or college has fulfilled its duty to safeguard accommodated children under section 87.
When it applies
- An inspector assesses whether a boarding school meets child welfare criteria during a compliance review under section 87B(2).
- The Secretary of State carries out a public consultation prior to making substantial changes to existing boarding welfare rules.
- A court evaluates published guidelines during legal proceedings regarding an alleged failure to protect boarders under section 87(1).
What this section does not say
- The main statutory duty of a school or college to safeguard accommodated children, which is set under section 87(1).
- The process for suspending local authority inspection duties, which is governed by section 87A.
- The payment of annual inspection fees by boarding schools, which is regulated under section 87D.
That's the law. Now let's settle your problem.
Say what is happening. A neutral mediator hears your side and the other party's, and walks you both to a written agreement. In the advanced settings you can ask for the decision to be reasoned on the Acts of Parliament that apply in England and Wales.
Or open a session directly and invite the other party.
We copy this text from the official publisher and re-check it against that source on every page load, but we cannot guarantee it is complete, current or free of error, and we accept no liability for any reliance on it. An amendment can take effect before a consolidation catches up. The publisher's own copy is linked below; where the two differ, it is the official one that counts.
This page reproduces the text of CA 1989 s. 87C in force at the date shown and explains it in general terms. It is not legal advice and takes no account of the circumstances of your case, which can change the answer completely. For a live dispute, for limitation periods, and before taking any step in court, consult a qualified lawyer in England and Wales.