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Education Bill [HL]


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

23

 

(4)   

In the case of an inspection of a school falling within section 28(2)(d), the Chief

Inspector must give notice of any extension under subsection (2) to—

(a)   

the inspector,

(b)   

the proprietor of the school, and

(c)   

the Assembly.

5

(5)   

This section does not apply to a section 28 inspection carried out by a member

of the Inspectorate.

Destination of reports and measures required: maintained schools

37      

Duty to notify where inspection shows maintained school causing concern

(1)   

Subsection (2) applies in relation to a maintained school where—

10

(a)   

following an inspection of the school under Chapter 3 by a member of

the Inspectorate, that member has informed the Chief Inspector of his

opinion—

(i)   

that special measures are required to be taken in relation to the

school, or

15

(ii)   

that the school requires significant improvement, or

(b)   

the Chief Inspector agrees with the opinion of a registered inspector,

expressed in a draft report submitted to the Chief Inspector under

section 34(1)—

(i)   

that special measures are required to be taken in relation to the

20

school, or

(ii)   

that the school requires significant improvement.

(2)   

Where this subsection applies, the Chief Inspector must without delay give the

Assembly and the local education authority notice in writing stating that the

case falls within paragraph (a) or (b) of subsection (1).

25

38      

Destination of reports: maintained schools

(1)   

In the case of a report of a section 28 inspection of a maintained school, the

person making the report must without delay send a copy of the report

together with a summary of it to the appropriate authority for the school.

(2)   

In a case where—

30

(a)   

a report of an inspection of a maintained school is made by a member

of the Inspectorate, and

(b)   

he is required by section 35 to state in the report that 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,

35

   

the member of the Inspectorate must send a copy of the report together with

the summary of it to the appropriate authority for the school.

(3)   

In any case, copies of the report and summary referred to in subsection (1) or

(2) must be sent by the person who made the report—

(a)   

to the Chief Inspector (unless the report was made by a member of the

40

Inspectorate),

(b)   

to the head teacher of the school,

(c)   

to whichever of the local education authority and the governing body

are not the appropriate authority,

 
 

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

24

 

(d)   

in the case of a school having foundation governors, to the person who

appoints them and (if different) to the appropriate appointing

authority, and

(e)   

in such circumstances as may be prescribed, to such other persons (if

any) as may be prescribed.

5

(4)   

The appropriate authority must—

(a)   

make a copy of any report and summary sent to the authority under

subsection (1) or (2) available for inspection by members of the public

at such times and at such place as may be reasonable,

(b)   

provide a copy of the report and summary, free of charge or in

10

prescribed cases on payment of such fee as they think fit (not exceeding

the cost of supply), to any person who asks for one, and

(c)   

take such steps as are reasonably practicable to secure that every

registered parent of a registered pupil at the school receives a copy of

the summary within such period following receipt of the report by the

15

authority as may be prescribed.

(5)   

Subsection (6) applies to a report of an inspection of a maintained school if—

(a)   

the inspection was a section 28 inspection or was carried out by a

member of the Inspectorate, and

(b)   

the school provides full-time education suitable to the requirements of

20

pupils over compulsory school age.

(6)   

The person making the report must send a copy (together with a copy of the

summary, if there is one) to the National Council for Education and Training

for Wales.

39      

Statement to be prepared by appropriate authority for school

25

(1)   

Where there is sent to the appropriate authority for a maintained school

either—

(a)   

a report of a section 28 inspection of the school, or

(b)   

a report of an inspection of the school by a member of the Inspectorate

in which that person is required by section 35(1)(b) to state that he is of

30

the opinion that special measures are required to be taken in relation to

the school or that the school requires significant improvement,

the appropriate authority must prepare a written statement of the action which

they propose to take in the light of the report and the period within which they

propose to take it.

35

(2)   

It is the duty of the appropriate authority to prepare the statement within the

period allowed by this subsection, that is—

(a)   

such period as may be prescribed, or

(b)   

if—

(i)   

the report states that the person making of it is of the opinion

40

that special measures are required to be taken in relation to the

school or that the school requires significant improvement, and

(ii)   

either that person is a member of the Inspectorate or the report

states that the Chief Inspector agrees with his opinion, and

(iii)   

the Assembly is of the opinion that the urgency of the case

45

requires a shorter period,

   

such shorter period as the Assembly may direct;

 
 

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

25

 

but this subsection does not relieve the appropriate authority of any duty to

prepare a statement which has not been performed within that period.

(3)   

Subject to subsection (4), where such a statement has been prepared by the

appropriate authority, they must, before the end of the prescribed period, send

copies of it—

5

(a)   

to the Chief Inspector,

(b)   

to whichever of the governing body and the local education authority

are not the appropriate authority, and

(c)   

in such circumstances as may be prescribed, to such other persons (if

any) as may be prescribed.

10

(4)   

Where the report in question is a report of a section 28 inspection of a school,

subsection (3)(a) does not require a copy of the statement to be sent to the Chief

Inspector unless the report states that the person making it is of the opinion—

(a)   

that special measures are required to be taken in relation to the school,

or

15

(b)   

that the school requires significant improvement.

(5)   

If in the case of a maintained school—

(a)   

the statement is prepared in response to a report of an inspection of the

school in which the person who made the report states that in his

opinion special measures are required to be taken in relation to the

20

school or that the school requires significant improvement, and

(b)   

either that person is a member of the Inspectorate or the report states

that the Chief Inspector agrees with his opinion,

   

the appropriate authority must, before the end of the prescribed period, send

a copy of the statement to the Assembly.

25

(6)   

In the case of a school having foundation governors, the appropriate authority

must also send a copy of the statement to the person who appoints them and

(if different) to the appropriate appointing authority.

(7)   

The appropriate authority must—

(a)   

make any statement prepared by them under this section available for

30

inspection by members of the public, at such times and at such place as

may be reasonable,

(b)   

provide a copy of the statement, free of charge or in prescribed cases on

payment of such fee as they think fit (not exceeding the cost of supply),

to any person who asks for one, and

35

(c)   

take such steps as are reasonably practicable to secure that every

registered parent of a registered pupil at the school receives a copy of

the statement as soon as is reasonably practicable.

(8)   

The duty under subsection (7)(c) is to be taken to be satisfied by the appropriate

authority if they—

40

(a)   

take such steps as are reasonably practicable to secure that every

registered parent of a pupil at the school receives, as soon as is

reasonably practicable, a copy of a document prepared by them

which—

(i)   

summarises the statement, and

45

(ii)   

contains a statement of the right to request a copy of it under

paragraph (b), and

(b)   

provide a copy of the statement to every registered parent of a

registered pupil at the school who asks for one.

 
 

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

26

 

(9)   

Where the governing body of a school have prepared a statement under this

section, they must in the report under section 30 of the Education Act 2002

(governors’ reports) state the extent to which the proposals set out in the

statement (or, if there is more than one, the most recent statement) have been

carried into effect.

5

40      

Statement to be prepared by local education authority

(1)   

This section applies in circumstances where—

(a)   

in a report of an inspection of a maintained school the governing body

of which have a delegated budget, the person who made the report

stated that in his opinion—

10

(i)   

special measures were required to be taken in relation to the

school, or

(ii)   

the school required significant improvement, and

(b)   

either that person was a member of the Inspectorate or the report stated

that the Chief Inspector agreed with his opinion, and

15

(c)   

either—

(i)   

the local education authority have received a copy of a

statement prepared under section 39 in response to the report,

or

(ii)   

the period prescribed for the purposes of subsection (3) of that

20

section has expired.

(2)   

The local education authority must—

(a)   

prepare a written statement of any action they propose to take in the

light of the report, and the period within which they propose to take

such action, or, if they do not propose to take any such action, of their

25

reasons for not doing so, and

(b)   

send a copy of the statement prepared under paragraph (a), together

with their comments on any statement prepared under section 39 of

which they have received a copy, to the Assembly and the Chief

Inspector and, in the case of a voluntary aided school—

30

(i)   

to the person who appoints the foundation governors, and

(ii)   

(if different) to the appropriate appointing authority.

(3)   

It is the duty of the local education authority to prepare the statement within

the period allowed by this subsection, that is—

(a)   

such period as may be prescribed, or

35

(b)   

if the Assembly is of the opinion that the urgency of the case requires a

shorter period, such shorter period as the Assembly may direct;

   

but this subsection does not relieve the local education authority of any duty

to prepare a statement which has not been performed within that period.

Destination of reports and measures required: non-maintained schools

40

41      

Destination of reports: non-maintained schools

(1)   

In the case of a report of a section 28 inspection of a school other than a

maintained school, the person making the report must without delay—

(a)   

send a copy of the report together with the summary of it—

(i)   

to the proprietor of the school, and

45

 
 

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

27

 

(ii)   

(unless the person making it is a member of the Inspectorate) to

the Chief Inspector, and

(b)   

if the report states that the person making it is of the opinion that

special measures are required to be taken in relation to the school or

that the school requires significant improvement and either—

5

(i)   

that person is a member of the Inspectorate, or

(ii)   

the report states that the Chief Inspector agrees with his

opinion,

   

send a copy of the report and summary to the Assembly.

(2)   

In a case where—

10

(a)   

a report of an inspection of a school other than a maintained school is

made by a member of the Inspectorate, and

(b)   

he is required by section 35(1)(b) to state in the report that 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,

15

   

he must send a copy of the report together with the summary of it to the

proprietor of the school and to the Assembly.

(3)   

In the case of a special school which is not a community or foundation special

school, the proprietor of the school must without delay send a copy of any

report and summary sent to them under subsection (1) or (2) to any local

20

education authority that is paying fees in respect of the attendance of a

registered pupil at the school.

(4)   

The proprietor of the school must—

(a)   

make any report and summary sent to him under subsection (1) or (2)

available for inspection by members of the public at such times and at

25

such place as may be reasonable,

(b)   

provide a copy of the report and summary, free of charge or in

prescribed cases on payment of such fee as they think fit (not exceeding

the cost of supply) to any person who asks for one, and

(c)   

take such steps as are reasonably practicable to secure that every

30

registered parent of a registered pupil at the school receives a copy of

the summary within such period following receipt of the report by the

authority as may be prescribed.

42      

Statement to be prepared by proprietor of school

(1)   

Where there is sent to the proprietor of a school other than a maintained

35

school—

(a)   

a report of a section 28 inspection of the school, or

(b)   

a report of an inspection of the school made by a member of the

Inspectorate in which that person is required by section 35(1)(b) to state

that he is of the opinion that special measures are required to be taken

40

in relation to the school or that the school requires significant

improvement,

   

the proprietor of the school must prepare a written statement of the action

which he proposes to take in the light of the report and the period within which

he proposes to take it.

45

(2)   

It is the duty of the proprietor to prepare the statement within the period

allowed by this subsection, that is—

(a)   

such period as may be prescribed, or

 
 

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

28

 

(b)   

if—

(i)   

the report states that the person making it is of the opinion that

special measures are required to be taken in relation to the

school or that the school requires significant improvement, and

(ii)   

either that person is a member of the Inspectorate or the report

5

states that the Chief Inspector agrees with his opinion, and

(iii)   

the Assembly is of the opinion that the urgency of the case

requires a shorter period,

   

such shorter period as the Assembly may direct;

   

but this subsection does not relieve the proprietor of the school of any duty to

10

prepare a statement which has not been performed within that period.

(3)   

Where such a statement has been prepared by the proprietor of the school, he

must, before the end of the prescribed period, send copies of it—

(a)   

to the Chief Inspector,

(b)   

to the Assembly, and

15

(c)   

in such circumstances as may be prescribed, to such other persons (if

any) as may be prescribed.

(4)   

In the case of a special school which is not a community or foundation special

school, the proprietor of the school must, before the end of the prescribed

period, send a copy of any such statement prepared by him to any local

20

education authority that is paying fees in respect of the attendance of a

registered pupil at the school.

(5)   

The proprietor of the school must—

(a)   

make any statement prepared by him under this section available for

inspection by members of the public, at such times and at such place as

25

may be reasonable,

(b)   

provide a copy of the statement, free of charge or in prescribed cases on

payment of such fee as he thinks fit (not exceeding the cost of supply)

to any person who asks for one, and

(c)   

take such steps as are reasonably practicable to secure that every

30

registered parent of a registered pupil at the school receives a copy of

the statement as soon as is reasonably practicable.

(6)   

The duty under subsection (5)(c) is to be taken to be satisfied by the proprietor

of the school if he—

(a)   

takes such steps as are reasonably practicable to secure that every

35

registered parent of a registered pupil at the school receives, as soon as

is reasonably practicable, a copy of a document prepared by the

proprietor which—

(i)   

summarises the statement, and

(ii)   

contains a statement of the right to request a copy of it under

40

paragraph (b), and

(b)   

provides a copy of the statement to every registered parent of a

registered pupil at the school who asks for one.

Interpretation of Chapter

43      

Interpretation of Chapter 4

45

In this Chapter—

 
 

Education Bill [HL]
Part 1 — School inspections and other inspections by school inspectors
Chapter 5 — Schools causing concern

29

 

“the appropriate appointing authority”, in relation to a voluntary aided

school, means—

(a)   

the appropriate diocesan authority, if it is a Church in Wales

school, a Church of England school or a Roman Catholic Church

school, or

5

(b)   

in any other case, the person who appoints the foundation

governors;

“the appropriate authority”, in relation to a maintained school, means the

school’s governing body or, if the school does not have a delegated

budget, the local education authority;

10

“the Chief Inspector” means Her Majesty’s Chief Inspector of Education

and Training in Wales;

“maintained school” means a community, foundation or voluntary

school, a community or foundation special school or a maintained

nursery school;

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;

“section 28 inspection” means an inspection under section 28.

Chapter 5

Schools causing concern

44      

Categories of schools causing concern

25

(1)   

For the purposes of this Part, special measures are required to be taken in

relation to a school if—

(a)   

the school is failing to give its pupils an acceptable standard of

education, and

(b)   

the persons responsible for leading, managing or governing the school

30

are not demonstrating the capacity to secure the necessary

improvement in the school.

(2)   

For the purposes of this Part, a school requires significant improvement if,

although not falling within subsection (1), it is performing significantly less

well than it might in all the circumstances reasonably be expected to perform.

35

45      

Cases where Secretary of State or Assembly may direct closure of school

In section 19 of the School Standards and Framework Act 1998 (c. 31) (power

of Secretary of State to direct closure of school), for subsection (1) substitute—

“(1)   

If at any time section 15 applies to a maintained school by virtue of

subsection (6) of that section (school requiring special measures), the

40

Secretary of State may give a direction to the local education authority

requiring the school to be discontinued on a date specified in the

direction.”

 
 

 
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