Public Schools Act 1868

The Public Schools Act 1868 was enacted by the British Parliament to reform and regulate nine leading English boys' schools. These exclusive public schools are all based around ancient charity schools for a few poor scholars, but, then as today, educated almost all the sons of the English upper class on a fee-paying basis; and indeed the English upper class is more closely identified with a 'public school education' than by birth, wealth or success.

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 ten nationally famous charity schools, seven of which are in and around London:

• Charterhouse School
• Eton College
• Harrow School (including its day school John Lyon School)
• Merchant Taylors' School
• Rugby School
• Shrewsbury School
• St Paul's School
• Westminster School
• Winchester College

The Act removed these schools from any direct jurisdiction or responsibility of either the Crown, established Church or Government, establishing a board of governors for each school and granting them independence over their administration. (The UK government has never taken direct responsibility for the free "state schools", which are financed and administered by local authorities.) The Act led to rapid development of the schools, away from the traditional Classics-based curriculum taught by clergymen, to a broader scope of studies.

Following the Act's use of the term "Public school" to describe the nine famous schools, many other independent schools then sought to associate themselves with this description; and, although now disliked by the original nine schools and their representative associations, it has become the colloquial term for most fee-paying, independent English secondary schools.

The Public Schools Acts were revised and further modified in 1869 and 1871, and extended to a few more schools. Twentieth-century child-protection legislation applies to public schools (most of which, unlike ordinary state schools, are boarding schools). In general they now operate rather more inclusive admissions policies, and may soon be legally obliged to do so under the Charities Act 2006.

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