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S.C.A.  Standing Committee Proceedings: 22nd March 2005            

80

 

Education Bill[ [], continued

 
 

New Clauses Relating to Part 1

 

Registration of inspectors in England

 

Mr Mark Hoban

 

Angela Watkinson

 

Mr Peter Atkinson

 

Not called  NC1

 

To move the following Clause:—

 

‘(1)    

No person may conduct an inspection of any school in England under section 5

 

unless—

 

(a)    

he is a member of the Inspectorate, or

 

(b)    

he is registered as an inspector in a register kept by the Chief Inspector

 

for the purposes of this Chapter.

 

(2)    

The Chief Inspector may not register a person under this section unless, having

 

regard to any conditions that he proposes to impose under subsection (4)(c), it

 

appears to him that that person—

 

(a)    

is a fit and proper person for discharging the functions of a registered

 

inspector, and

 

(b)    

will be capable of conducting inspections under this Chapter competently

 

and effectively,

 

    

and no person may be so registered if he falls within a category of persons

 

prescribed for the purposes of this subsection.

 

(3)    

An application for registration under this section—

 

(a)    

must be made in such a manner, and be accompanied by such particulars,

 

as the Chief Inspector may direct, and

 

(b)    

must be accompanied by the prescribed fee.

 

(4)    

On an application duly made under this section the Chief Inspector may—

 

(a)    

register the applicant,

 

(b)    

refuse to register him, or

 

(c)    

register him subject to such conditions as the Chief Inspector considers it

 

appropriate to impose.

 

(5)    

The matters to which the Chief Inspector may have regard in deciding whether to

 

register the applicant include, in particular—

 

(a)    

the extent to which the Chief Inspector proposes to exercise his discretion

 

under subsection (1) of section 28 to secure that inspections under that

 

section are conducted by members of the Inspectorate rather than

 

registered inspectors, and

 

(b)    

the extent to which there is a need for registered inspectors in England.

 

(6)    

Conditions under subsection (4)(c) may be conditions applying generally in

 

relation to all cases, or particular classes of case, or such conditions together with

 

specific conditions applying in the particular case.

 

(7)    

Where a person is registered subject to conditions imposed under subsection

 

(4)(c), he is to be taken to be authorised to act as a registered inspector only so far

 

as those conditions permit.

 

(8)    

The period for which any registration is to have effect is to be determined by the

 

Chief Inspector and must be entered in the register kept by him.


 
 

S.C.A.  Standing Committee Proceedings: 22nd March 2005            

81

 

Education Bill[ [], continued

 
 

(9)    

Nothing in subsection (8) is to be taken as preventing a registered inspector from

 

applying for a fresh registration to take effect immediately on the expiry of his

 

current registration.’.

 


 

Reducing burden of inspection on schools

 

Mr Mark Hoban

 

Angela Watkinson

 

Mr Peter Atkinson

 

Not called  NC2

 

To move the following Clause:—

 

‘The Chief Inspector when conducting an inspection under section 5 shall in

 

exercising his functions have regard to the desirability of avoiding excessive

 

administrative burdens being placed on governing bodies and headteachers of

 

maintained schools.’.

 


 

Removal from register and imposition or variation of conditions

 

Mr Mark Hoban

 

Angela Watkinson

 

Mr Peter Atkinson

 

Not called  NC3

 

To move the following Clause:—

 

‘(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—

 

(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

 

condition imposed under section [Registration of inspectors in England]

 

(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—

 

(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


 
 

S.C.A.  Standing Committee Proceedings: 22nd March 2005            

82

 

Education Bill[ [], continued

 
 

of that inspector has effect or vary that registration by imposing a

 

condition subject to which it will have effect.’.

 


 

Complaints procedures

 

Mr Mark Hoban

 

Angela Watkinson

 

Mr Peter Atkinson

 

Withdrawn  NC4

 

To move the following Clause:—

 

‘(1)    

The Secretary of State shall make regulations establishing procedures whereby

 

persons who may be prescribed by such regulations under this Chapter as having

 

an interest in an inspection shall have the right of complaint to an independent

 

adjudicator appointed for the purpose that—

 

(a)    

the inspection has been conducted in a manner inconsistent with the

 

requirements of this Act or with regulations made under this Act;

 

(b)    

a member of an inspection team has in carrying out an inspection

 

behaved in a manner which may be considered unreasonably prejudicial

 

to the interests of the complainant; or

 

(c)    

the inspection report of an inspection contains material prejudicial to the

 

interests of the complainant which cannot be considered justifiable by

 

reference to the evidence available in the course of conducting the

 

inspection.

 

(2)    

Upon receipt of the findings of an independent adjudicator made in accordance

 

with the regulations referred to in subsection (1), the Chief Inspector shall take

 

such action consistent with such findings as appears to him to be necessary in

 

order to satisfy any complaint found to be justifiable including without limitation

 

the modification of any report published under section 11 and the re-publication

 

of such report with such modifications.’.

 


 

Training for inspections

 

Mr Mark Hoban

 

Angela Watkinson

 

Mr Peter Atkinson

 

Not called  NC5

 

To move the following Clause:—

 

‘Schedule [Training for inspections] has effect.’.

 



 
 

S.C.A.  Standing Committee Proceedings: 22nd March 2005            

83

 

Education Bill[ [], continued

 
 

Appeals in relation to registration

 

Mr Mark Hoban

 

Angela Watkinson

 

Mr Peter Atkinson

 

Not called  NC6

 

To move the following Clause:—

 

‘(1)    

Any person who is aggrieved by—

 

(a)    

the refusal of the Chief Inspector to renew his registration under section

 

[Registration of inspectors in England],

 

(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 [Removal from

 

register and imposition or variation of conditions],

 

    

may appeal against the Chief Inspector’s decision to a tribunal constituted in

 

accordance with Schedule [Tribunals hearing appeals in England].

 

(2)    

Where—

 

(a)    

a decision to refuse to renew a person’s registration under section

 

[Registration of inspectors in England] is expressed to be based on the

 

ground—

 

(i)    

that there is a reduced need for registered inspectors in England,

 

or

 

(ii)    

that there is no longer any need for registered inspectors in

 

England, and

 

(b)    

the tribunal is satisfied that the decision was based on one of those

 

grounds,

 

    

the tribunal must confirm the decision to refuse renewal.

 

(3)    

No decision of the Chief Inspector falling within subsection (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

 

(b)    

the period within which an appeal maybe made has expired without an

 

appeal having been made.

 

(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)    

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 [Tribunals hearing appeals in England] makes further provision with

 

respect to tribunals constituted to hear appeals under this section.’.

 



 
 

S.C.A.  Standing Committee Proceedings: 22nd March 2005            

84

 

Education Bill[ [], continued

 
 

Complaints procedures (Wales)

 

Mr Mark Hoban

 

Angela Watkinson

 

Mr Peter Atkinson

 

Not called  NC7

 

To move the following Clause:—

 

‘(1)    

The Assembly shall make regulations establishing procedures whereby persons

 

who may be prescribed by such regulations under this Chapter as having an

 

interest in an inspection shall have the right of complaint to an independent

 

adjudicator appointed for the purpose that—

 

(a)    

the inspection has been conducted in a manner inconsistent with the

 

requirements of this Act or with regulations made under this Act;

 

(b)    

a member of an inspection team has in carrying out an inspection

 

behaved in a manner which may be considered unreasonably prejudicial

 

to the interest of the complainant; or

 

(c)    

the inspection report of an inspection contains material prejudicial to the

 

interests of the complainant which cannot be considered justifiable by

 

reference to the evidence available in the course of conducting the

 

inspection.

 

(2)    

Upon receipt of the findings of an independent adjudicator made in accordance

 

with the regulations referred to in subsection (1), the Chief Inspector shall take

 

such action consistent with such findings as appears to him to be necessary in

 

order to satisfy any complaint found to be justifiable including without limitation

 

the modification of any report published under section 11 and the re-publication

 

of such report with such modifications.’.

 


 

New Schedules Relating to Part 1

 

Mr Mark Hoban

 

Angela Watkinson

 

Mr Peter Atkinson

 

Not called  NS1

 

To move the following Schedule:—

 

‘Training for inspections

 

1    

No person shall conduct an inspection of a school in England, or act as a member

 

of an inspection team for such a school, unless he has, in the opinion of the Chief

 

Inspector for England, satisfactorily completed a course of training provided by,

 

or complying with arrangements approved by, that Chief Inspector.

 

2    

Where the Chief Inspector for England provides such training he may charge such

 

fees as are reasonable for the purpose of recovering the whole, or part of the cost

 

of providing it.

 

3    

Paragraph 1 shall not apply in such circumstances as may be specified, either

 

generally or in relation to a particular case or class of case, by the Chief Inspector

 

for England.


 
 

S.C.A.  Standing Committee Proceedings: 22nd March 2005            

85

 

Education Bill[ [], continued

 
 

Meeting with parents

 

4    

Where an inspection is arranged, the appropriate authority for the school

 

concerned shall—

 

(a)    

take such steps as are reasonably practicable to notify—

 

(i)    

the parents of registered pupils at the school, and

 

(ii)    

such other persons as may be prescribed,

 

    

of the time when the inspection is to take place; and

 

(b)    

arrange a meeting, in accordance with such provisions as may be

 

prescribed, between the inspector conducting the inspection and

 

those parents of registered pupils at the school who wish to

 

attend.

 

Rights of entry etc.

 

5    

A registered inspector conducting an inspection, and the members of his

 

inspection team, shall have at all reasonable times—

 

(a)    

a right of entry to the premises of the school concerned; and

 

(b)    

a right to inspect, and take copies of, any records kept by the

 

school, and any other documents containing information relating

 

to the school, which he requires for the purposes of the

 

inspection.

 

Offence of obstructing inspector or inspection team

 

6      (1)    

It shall be an offence wilfully to obstruct—

 

(a)    

a registered inspector, or

 

(b)    

a member of an inspection team,

 

              

in the exercise of his functions in relation to an inspection of a school.

 

      (2)    

Any person guilty of an offence under sub-paragraph (1) shall be liable

 

on summary conviction to a fine not exceeding level 4 on the standard

 

scale.’.

 


 

Mr Mark Hoban

 

Angela Watkinson

 

Mr Peter Atkinson

 

Not called  NS2

 

To move the following Schedule:—

 

‘Inspections in England under section 5

 

Interpretation

 

1    

In this Schedule—

 

“appropriate authority” means—

 

(a)    

in the case of a county, voluntary, maintained special or

 

maintained nursery school whose governing body does not have

 

a delegated budget, the local education authority;

 

(b)    

in the case of a non-maintained school, the proprietor of the

 

school;

 

(c)    

in any other case, the school’s governing body;


 
 

S.C.A.  Standing Committee Proceedings: 22nd March 2005            

86

 

Education Bill[ [], continued

 
 

    

“inspection” means an inspection under section 5.

 

Selection of registered inspectors

 

2    

Before entering into any arrangement for an inspection, the Chief Inspector shall,

 

after consulting the appropriate authority for the school concerned as to the tender

 

specification, invite tenders from at least two registered inspectors who can

 

reasonably be expected—

 

(a)    

to wish to tender for the proposed inspection; and

 

(b)    

to tender at arm’s length from each other.

 

Inspection teams

 

3      (1)    

Every inspection shall be conducted by a registered inspector with the

 

assistance of a team (an “inspection team”) consisting of persons who are

 

fit and proper persons for carrying out the inspection.

 

      (2)    

It shall be the duty of the registered inspector to ensure that—

 

(a)    

at least one member of the inspection team is a person—

 

(i)    

without personal experience in the management of any

 

school or the provision of education in any school

 

(otherwise than as a governor or in any other voluntary

 

capacity); and

 

(ii)    

whose primary function on the team is not that of

 

providing financial or business expertise; and

 

(b)    

no member of the inspection team falls within a category of

 

person prescribed for the purposes of this sub-paragraph.

 

      (3)    

Otherwise, the composition of the inspection team shall be determined by

 

the registered inspector.

 

      (4)    

It shall be the duty of the registered inspector to ensure that no person

 

takes any part in an inspection if he has, or has at any time had, any

 

connection with—

 

(a)    

the school in question,

 

(b)    

any person who is employed at the school,

 

(c)    

any person who is a member of the school’s governing body, or

 

(d)    

the proprietor of the school,

 

              

of a kind which might reasonably be taken to raise doubts about his

 

ability to act impartially in relation to that school.’.

 


 

Mr Mark Hoban

 

Angela Watkinson

 

Mr Peter Atkinson

 

Not called  NS3

 

To move the following Schedule:—

 

‘Tribunals hearing appeals in England

 

Constitution of tribunals

 

1      (1)    

A tribunal constituted to hear an appeal under section [Appeals in

 

relation to registration] of this Act (“a tribunal”) shall consist of—

 

(a)    

a Chairman appointed by the Lord Chancellor; and


 
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