The power to innovate
About the Power to Innovate
Through the Power to Innovate the Secretary of State for the DCSF is
able, temporarily, to suspend or modify education legislation that may be
holding back, or even stopping, innovative approaches to raising standards. The
Power to Innovate thus allows schools, foundations, colleges of further
education and local authorities to think innovatively and to test ideas for how
best to tailor their education provision in order to raise educational
standards and improve outcomes for pupils and students.
Where outcomes of Power to Innovate projects show positive impact, the DCSF will consider whether it would be desirable, from a policy perspective, for education law to be changed, and it may make recommendations to ministers. However, it is possible that ministers would not choose to adopt every idea more widely through legislative change.
The Power to Innovate can only apply to education legislation. It cannot be used to gain exemption from other types of legislation, for example, health and safety legislation, employment or contract law, or the law regulating charities.
Who can apply and what are the key criteria?
Schools, foundations, colleges of further education and local
authorities may submit an innovative proposal under the Power to Innovate and,
if their application is agreed, a time-limited Order is made to allow the trial
to proceed. There are no preconceptions about the kind of ideas that could be
supported, however all applicants for the Power to Innovate will need to:
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identify the legislation that must be modified or set aside to allow their innovative project to go ahead
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provide evidence to show why they believe their proposal could raise educational standards
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consider the likely effect of the trial on all the pupils and students who may be affected (e.g. there should be no detrimental effect on pupils or students with special educational needs)
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provide evidence that all those likely to be affected have been consulted and been given the opportunity to comment on the proposal
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bear in mind that the trial will run for a time-limited period (up to three years with the possibility to apply for a one-off extension) — and plan how they would revert to existing practice if permanent changes were not made to legislation
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plan how they will monitor and evaluate the effect of the changes and inform the DCSF of the outcomes — innovative ideas may not always be successful but they may teach valuable lessons that could inform future practice.
How do I apply?
Before making an application please read the Guidance as it provides
more information about the Power to Innovate and what should be considered
before completing the form.
You may also find it helpful to read some examples of how the Power to Innovate has been used in the past. Information on these can be found in the reports published annually by the DCSF.
If you are unsure whether your proposal might require the Power to Innovate, you are encouraged to discuss it with David Shand, the Power to Innovate Manager at the DCSF. He is able to provide advice and information on flexibilities within the relevant legislation. David's contact details are below.
Once you are clear about the exemption or modification you require (remembering that Power to Innovate can only apply to education legislation) you should complete the application form.
You may complete the form electronically and email it to David Shand for comment or advice in the first instance. However, before the DCSF can progress a formal application, it must have a printed copy of the final version that has been signed by the appropriate person (see paragraph 62 of the Guidance).
What won't the Power to
Innovate support?
The Power to Innovate can only apply to education legislation.
School applicants should be aware that past experience has made it clear that applications seeking to reduce contact hours between teachers and pupils are rarely agreed. They would need clearly to demonstrate what benefits, in terms of raising educational standards, the proposal would deliver to outweigh the loss of teaching time.
Proposals looking to avoid Standard Assessment Tests (SATs) are unlikely to succeed as it is difficult to argue that these could contribute to raising educational standards.
There is provision in the Education Act 2002 for a 'curriculum experiments power' which should be used by schools who seek disapplication of the curriculum. More information about this power is available from the DCSF website.
Please note that there is no additional DCSF funding attached to the Power to Innovate initiative. If your proposals will incur costs then it is important that you have funding available to meet the entire cost.
Who to contact
The Power to Innovate Team can be contacted by email or telephone
on 020 7340 8271. Alternatively you may write to the team at the following
address:
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Power to Innovate Team
Schools Commissioning and Supply Division
Department for Children, Schools and Families
3rd Floor
Sanctuary Buildings
Great Smith Street
London SW1P 3BT
Last updated: 19 December 2008


