Education Bill [HL]

House of Commons

Session 2004 - 05
Internet Publications
Other Bills before Parliament

Education Bill [HL]

Education Bill [HL]
Part 1 — School inspections and other inspections by school inspectors
Chapter 3 — School inspectors and school inspections: Wales
16

26
Removal from register and imposition or variation of conditions
(1)
If the Chief Inspector is satisfied that any of the conditions mentioned in
subsection (2) is satisfied with respect to an inspector registered in the register,
he may remove the name of that inspector from the register.
(2)
The conditions are that—
5
(a)
he is no longer a fit and proper person for discharging the functions of
a registered inspector under this Chapter;
(b)
he is no longer capable of conducting inspections under this Chapter
competently and effectively;
(c)
there has been a significant failure on his part to comply with any
10
condition imposed under section 25(4)(c) and subject to which his
registration has effect;
(d)
he has, without reasonable explanation, produced a report of an
inspection which is, in whole or in part, seriously misleading.
(3)
If the Chief Inspector is satisfied—
15
(a)
that he is authorised by subsection (2) to remove the name of an
inspector from the register, or
(b)
that it would otherwise be in the public interest to act under this
subsection,

he may vary any condition subject to which the registration of that inspector
20
has effect or vary that registration by imposing a condition subject to which it
will have effect.
27
Appeals in relation to registration
(1)
Any person who is aggrieved by—
(a)
the refusal of the Chief Inspector to renew his registration under section
25
25,
(b)
the imposition or variation of any condition subject to which he is
registered under that section, or
(c)
the removal of his name from the register under section 26,

may appeal against the Chief Inspector’s decision to a tribunal constituted in
30
accordance with Schedule 3.
(2)
Where—
(a)
a decision to refuse to renew a person’s registration under section 25 is
expressed to be based on the ground—
(i)
that there is a reduced need for registered inspectors in Wales,
35
or
(ii)
that there is no longer any need for registered inspectors in
Wales, and
(b)
the tribunal is satisfied that the decision was based on one of those
grounds,
40

the tribunal must confirm the decision to refuse renewal.
(3)
No decision of the Chief Inspector falling within (1)(b) or (c) is to have effect
until—
(a)
the disposal of any appeal against the decision which is duly made
under this section, or
45
(b)
the period within which an appeal may be made has expired without
an appeal having been made.

Education Bill [HL]
Part 1 — School inspections and other inspections by school inspectors
Chapter 3 — School inspectors and school inspections: Wales
17

(4)
Subsection (3) does not apply where the Chief Inspector—
(a)
is satisfied that the circumstances of the case justify the decision in
question taking effect immediately, or earlier than would otherwise be
the case, and
(b)
notifies the person concerned to that effect.
5
(5)
On determining any appeal under this section, the tribunal may—
(a)
confirm, reverse or vary the decision appealed against, or
(b)
remit the case to the Chief Inspector with directions as to the action to
be taken by him.
(6)
Schedule 3 makes further provision with respect to tribunals constituted to
10
hear appeals under this section.
Inspections by registered inspectors and members of the Inspectorate
28
Duty to arrange regular inspections of certain schools
(1)
It is the duty of the Chief Inspector to secure that every school in Wales to
which this section applies is inspected under this section, at such intervals as
15
may be prescribed, by an inspector registered under section 25 or by a member
of the Inspectorate.
(2)
Subject to subsection (3), the schools to which this section applies are—
(a)
community, foundation and voluntary schools,
(b)
community and foundation special schools,
20
(c)
maintained nursery schools, and
(d)
special schools which are not community or foundation special schools
but are for the time being approved by the Assembly under section 342
of the Education Act 1996 (c. 56) (approval of special schools).
(3)
This section does not apply to any school—
25
(a)
which is a closing school (as defined by subsection (4)), and
(b)
in respect of which the Chief Inspector has decided, having regard to
the date on which the closure is to take effect, that no useful purpose
would be served by the school being inspected under this section.
(4)
In subsection (3)(a) a “closing school” means—
30
(a)
any community, foundation or voluntary school, community or
foundation special school or maintained nursery school in respect of
which proposals to discontinue the school have been approved,
adopted or determined under any enactment,
(b)
a foundation or voluntary school in respect of which the governing
35
body have given notice of discontinuance under section 30 of the
School Standards and Framework Act 1998 (c. 31),
(c)
a community, foundation or voluntary or community or foundation
special school in respect of which the Assembly has given a direction to
discontinue the school under section 19 or 32 of that Act, or
40
(d)
a special school which is not a community or foundation special school
but is for the time being approved by the Assembly under section 342
of the Education Act 1996 and which the proprietor has decided to
close.

Education Bill [HL]
Part 1 — School inspections and other inspections by school inspectors
Chapter 3 — School inspectors and school inspections: Wales
18

(5)
It is the general duty of any inspector conducting an inspection under this
section to report on—
(a)
the quality of the education provided in the school,
(b)
how far the education provided in the school meets the needs of the
range of pupils at the school,
5
(c)
the educational standards achieved in the school,
(d)
the quality of the leadership in and management of the school,
including whether the financial resources made available to the school
are managed effectively,
(e)
the spiritual, moral, social and cultural development of the pupils at the
10
school, and
(f)
the contribution made by the school to the well-being of those pupils.
(6)
Subsection (1) has effect subject to section 32.
(7)
An inspection which is required under this section must not extend to—
(a)
denominational education,
15
(b)
education which is brought within the remit of the Chief Inspector by
Part 4 of the Learning and Skills Act 2000 (c. 21), or
(c)
the content of collective worship which falls to be inspected under
section 50.
(8)
Schedule 4 makes further provision with respect to inspections under this
20
section.
Publication of inspection reports
29
Publication of inspection reports
(1)
The Chief Inspector may, in the case of—
(a)
any report by a member of the Inspectorate of an inspection carried out
25
by him under any provision of this Chapter (whether the report is
required by any such provision or is otherwise made in pursuance of
his functions under that provision), or
(b)
any report of an inspection under section 28 made by a registered
inspector,
30

arrange for the report to be published in such manner as the Chief Inspector
considers appropriate.
(2)
Without prejudice to the generality of—
(a)
section 21(1)(c), or
(b)
subsection (1),
35

the Chief Inspector may arrange for a report to which that provision applies to
be published by electronic means.
(3)
For the purposes of the law of defamation any report published by the Chief
Inspector under either of those provisions is privileged unless the publication
is shown to have been made with malice.
40
(4)
Subsection (3) does not limit any privilege subsisting apart from that
subsection.

Education Bill [HL]
Part 1 — School inspections and other inspections by school inspectors
Chapter 4 — Procedure for inspections under Chapter 3
19

Receipts
30
Payment of fees into Consolidated Fund
(1)
Any sums received by the Chief Inspector under—
(a)
section 25(3)(b), or
(b)
paragraph 4(3) or 5(2) of Schedule 4,
5

must be paid into the Consolidated Fund.
(2)
Subsection (1) has effect subject to paragraph 4 of Schedule 6 to the
Government of Wales Act 1998 (c. 38) (Treasury power to direct that
requirement for payment into Consolidated Fund not to apply in relation to
specified sums received by the Chief Inspector).
10
Interpretation of Chapter
31
Interpretation of Chapter 3
(1)
In this Chapter—
“the Chief Inspector” means Her Majesty’s Chief Inspector of Education
and Training in Wales;
15
“member of the Inspectorate” means the Chief Inspector, any of Her
Majesty’s Inspectors of Education and Training in Wales and any
additional inspector appointed under paragraph 2 of Schedule 2;
“prescribed” means prescribed by regulations;
“regulations” means regulations made by the Assembly under this
20
Chapter;
“well-being”, in relation to pupils at a school, is a reference to their well-
being having regard to the matters mentioned in section 25(2) of the
Children Act 2004 (c. 31).
(2)
For the purposes of this Chapter any reference to a condition imposed under
25
section 25(4)(c) includes a reference to a condition imposed under section 26(3).
Chapter 4
Procedure for inspections under Chapter 3
Introductory
32
Inspections by members of the Inspectorate
30
(1)
If the Chief Inspector so elects in the case of any inspection of a school by a
member of the Inspectorate under section 20(2)(b) or 24(1), that inspection is to
be treated for the purposes of the relevant provisions as if it were an inspection
under section 28.
(2)
In subsection (1) “the relevant provisions” means sections 28(1) and (5) and 35
35
and—
(a)
(in the case of an inspection of a maintained school) sections 38 to 40,
and

Education Bill [HL]
Part 1 — School inspections and other inspections by school inspectors
Chapter 4 — Procedure for inspections under Chapter 3
20

(b)
(in the case of an inspection of a school other than a maintained school),
sections 41 and 42.
Inspections and reports: all schools
33
Duty to report on section 28 inspections
Where a section 28 inspection by a registered inspector or a member of the
5
Inspectorate has been completed, the inspector must make in writing a report
of the inspection and a summary of the report.
34
Section 28 inspections by registered inspectors
(1)
Where a section 28 inspection was conducted by a registered inspector and he
is of the opinion—
10
(a)
that special measures are required to be taken in relation to the school,
or
(b)
that the school requires significant improvement,

he must submit a draft of the report of the inspection to the Chief Inspector.
(2)
If the Chief Inspector so requests, an inspector who has submitted a draft under
15
subsection (1) must provide the Chief Inspector with such further information
as the Chief Inspector may specify.
(3)
The Chief Inspector must inform an inspector who has submitted a draft under
subsection (1) whether he agrees or disagrees with the inspector’s opinion.
(4)
Where—
20
(a)
the Chief Inspector informs the inspector that he disagrees with the
inspector’s opinion, but
(b)
the inspector remains of the opinion that special measures are required
to be taken in relation to the school or that the school requires
significant improvement,
25

the inspector may not make a report stating that opinion unless the terms in
which he makes the report are substantially the same (except as to the
statement required by subsection (6)(b)) as the draft or as a subsequent draft
submitted to the Chief Inspector under this subsection.
(5)
Where a subsequent draft is submitted under subsection (4), the Chief
30
Inspector must inform the inspector whether he agrees or disagrees with the
inspector’s opinion.
(6)
A report made by a registered inspector who is of the opinion that special
measures are required to be taken in relation to the school or that the school
requires significant improvement must—
35
(a)
state his opinion, and
(b)
state whether the Chief Inspector agrees or disagrees with his opinion.
(7)
If a report of an inspection of a school by a registered inspector is made in
circumstances where—
(a)
he is of the opinion that special measures are not required to be taken
40
in relation to the school, but
(b)
in the latest report of an inspection of the school the person making the
report stated that in his opinion such measures were required to be
taken and either—

Education Bill [HL]
Part 1 — School inspections and other inspections by school inspectors
Chapter 4 — Procedure for inspections under Chapter 3
21

(i)
that person was a member of the Inspectorate, or
(ii)
the report stated that the Chief Inspector agreed with his
opinion,
the registered inspector must state his opinion in the report (whether or not he
is required by subsection (6) also to state the opinion that the school requires
5
significant improvement).
(8)
If a report of an inspection of a school by a registered inspector is made in
circumstances where—
(a)
he is of the opinion that the school does not require significant
improvement and that special measures are not required to be taken in
10
relation to the school, but
(b)
in the latest report of an inspection of the school the person making the
report stated that in his opinion the school did require significant
improvement and either—
(i)
that person was a member of the Inspectorate, or
15
(ii)
the report stated that the Chief Inspector agreed with his
opinion,
the registered inspector must state his opinion in the report.
35
Reports of inspections by members of the Inspectorate
(1)
Where on the completion of any inspection of a school under section 20(2)(b)
20
or 24(1) by a member of the Inspectorate, that person is of the opinion that
special measures are required to be taken in relation to the school or that the
school requires significant improvement, he must—
(a)
prepare in writing a report of the inspection and a summary of the
report, and
25
(b)
state his opinion in the report.
(2)
If on the completion of any such inspection of a school by a member of the
Inspectorate in circumstances where—
(a)
he is of the opinion that special measures are not required to be taken
in relation to the school, but
30
(b)
in the latest report of an inspection of the school, the person making the
report stated that in his opinion such measures were required to be
taken in relation to the school and either—
(i)
that person was a member of the Inspectorate, or
(ii)
the report stated that the Chief Inspector agreed with his
35
opinion,

the member of the Inspectorate must prepare a report of the inspection and a
summary of the report and state his opinion in the report (whether or not he is
required by subsection (1)(b) also to state the opinion that the school requires
significant improvement).
40
(3)
If on the completion of any such inspection of a school by a member of the
Inspectorate in circumstances where—
(a)
he is of the opinion that the school does not require significant
improvement and that special measures are not required to be taken in
relation to the school, but
45
(b)
in the latest report of an inspection of the school, the person making the
report stated that in his opinion the school did require significant
improvement and either—

Education Bill [HL]
Part 1 — School inspections and other inspections by school inspectors
Chapter 4 — Procedure for inspections under Chapter 3
22

(i)
that person was a member of the Inspectorate, or
(ii)
the report stated that the Chief Inspector agreed with his
opinion,

the member of the Inspectorate must prepare a report of the inspection and a
summary of the report and state his opinion in the report.
5
(4)
A report of a section 28 inspection of a school by a member of the Inspectorate
must, if he is of the opinion that special measures are required to be taken in
relation to the school or that the school requires significant improvement, state
his opinion.
(5)
If a report of a section 28 inspection of a school by a member of the Inspectorate
10
is made in circumstances where—
(a)
he is of the opinion that special measures are not required to be taken
in relation to the school, but
(b)
in the latest report of an inspection of the school, the person making the
report stated that in his opinion such measures were required to be
15
taken and either—
(i)
that person was a member of the Inspectorate, or
(ii)
the report stated that the Chief Inspector agreed with his
opinion,

the member of the Inspectorate must state his opinion in the report (whether or
20
not he is required by subsection (4) also to state the opinion that the school
requires significant improvement).
(6)
If a report of a section 28 inspection of a school by a member of the Inspectorate
is made in circumstances where—
(a)
he is of the opinion that the school does not require significant
25
improvement and that special measures are not required to be taken in
relation to the school, but
(b)
in the latest report of an inspection of the school, the person making the
report stated that in his opinion the school did require significant
improvement and either—
30
(i)
that person was a member of the Inspectorate, or
(ii)
the report stated that the Chief Inspector agreed with his
opinion,

the member of the Inspectorate must state his opinion in the report.
36
Timing of section 28 inspections by registered inspectors
35
(1)
The carrying out of a section 28 inspection must be completed by the time
allowed under subsection (2), and the making of the report required by section
33 must be completed within the period allowed under that subsection.
(2)
The time, and the period, allowed are such as may be prescribed, subject to any
such extension of the period as the Chief Inspector may consider necessary to
40
make; but the total period allowed must not exceed the prescribed period
extended by three months.
(3)
In the case of an inspection of a maintained school, the Chief Inspector must
give notice of any extension under subsection (2) to—
(a)
the inspector,
45
(b)
the local education authority in the case of a maintained school, and
(c)
the governing body.