Public Schools Act 1868
|Long title||An Act to make further Provision for the good Government and Extension of certain Public Schools in England.|
|Citation||31 & 32 Vict. c. 118|
|Royal assent||31 July 1868|
The Public Schools Act 1868 was enacted by the British Parliament to reform and regulate seven of the leading English boys' schools of the time, most of which had grown out of ancient charity schools for the education of a certain number of poor scholars, but were then, as they do today, also educating many sons of the English upper and upper-middle classes on a fee-paying basis.
The Act followed the report of the Clarendon Commission, a Royal Commission on Public Schools which sat from 1861 to 1864 and investigated conditions and abuses which had grown up over the centuries at nine originally charity schools.
The Bill was presented for its first reading in the Lords by Lord Clarendon on 13 March 1865 and for its second reading on 3 April 1865. The Bill was in two parts, the first containing the general provisions of the Bill and the second containing specific proposals for each school.
St Paul's School and Merchant Taylors' School were omitted, as they argued successfully that their constitutions made them legally "private" schools and that their constitutions could not be altered by public legislation, thus the Act concerned itself with the other seven schools investigated by the Clarendon Commission:
- Charterhouse School
- Eton College
- Harrow School
- Rugby School
- Shrewsbury School
- Westminster School
- Winchester College
The Act removed these schools from any direct jurisdiction or responsibility of the Crown, established church, or government, establishing a board of governors for each school and granting them independence over their administration. The Act led to development of the schools away from the traditional exclusively classics-based curriculum taught by clergymen, to a somewhat broader scope of studies. In 1887 the Divisional Court and the Court of Appeal determined that the City of London School was a public school.
- Short title as conferred by s. 1 of the Act; the modern convention for the citation of short titles omits the comma after the word "Act".
- Shrosbree 1988, p. 15.
- Shrosbree 1988.
- England Since Waterloo – Sir John Arthur Ransome Marriott – Google Books. Books.google.co.uk. Retrieved on 13 August 2013.
- Secondary Education in England 1870–1902: Public Activity and Private Enterprise – Prof John Roach, John Roach – Google Books. Books.google.co.uk. Retrieved on 13 August 2013.
- Shrosbree 1988, pp. 12ff.
- An Act to make further Provision for the good Government and Extension of certain Public Schools in England, in: Great Britain (1868). A collection of the public general statutes passed in the Thirty-first and Thirty-second year of the reign of Her Majesty Queen Victoria. pp. 560–571. Retrieved 15 May 2011.
- Great Britain (1807). The statutes of the United Kingdom of Great Britain and Ireland, passed in the ... (1807–69). His Majesty's statute and law Printers. pp. 190–. Retrieved 15 May 2011.
- Blake v The Mayor and Citizens of the City of London  L.R. 19 Q.B.D. 79.
- Colin Shrosbree (1988). Public Schools and Private Education: the Clarendon Commission, 1861–64, and the Public Schools Acts. Manchester: Manchester University Press. ISBN 978-0-7190-2580-8.
- Text of the Public Schools Act 1868, Education in England