Clause 17: Statement to be prepared by proprietor of school

50.     This clause specifies the action to be taken by the proprietor of a non-maintained school which requires special measures or significant improvement. Current requirements are set out in section 21 of SIA 1996. The proprietor is required to prepare a statement of the action he proposes to take and the timescale for this action when he is sent an inspection report that states the school requires special measures or significant improvement.

51.     Subsection (2) provides for this statement of action to be prepared within a prescribed period, intended to be 10 working days from the date of publication of the inspection report (as for local education authorities under clause 15) or such shorter period as the Secretary of State may direct in urgent cases.

52.     Subsections (3) and (4) provide for copies of this statement to be sent to the Chief Inspector, to any other prescribed persons and, in the case of a non-maintained special school, to any local education authority which are paying fees for a pupil at the school.

Chapter 3 - School Inspectors and School Inspections: Wales

Clause 19 and Schedule 2: Her Majesty's Inspectorate of Education and Training in Wales

53.     This clause and Schedule re-enact section 4 of, and Schedule 1 to, SIA 1996 and make provision for the appointment of Her Majesty's Chief Inspector for Education and Training in Wales (the Chief Inspector) and for the appointment of HMI in Wales. Clause 19 also sets out that the Chief Inspector may not be appointed for a term of more than five years, though a previous post holder is not barred from reappointment.

54.     New provision is made in subsections (6) and (7). Subsection (6) provides that where it considers that powers under subsections (1), (2) and (4)(c) should be exercised, the Assembly has a duty to give advice to the Secretary of State on a recommendation to Her Majesty on the appointment of the Chief Inspector or of HMI, or on removal of the Chief Inspector from office on grounds of incapacity or misconduct. At present there is no statutory requirement on any person to provide such advice, but as a matter of constitutional convention any recommendation is made by the Secretary of State. In practice any such recommendation is made relying upon advice from the Assembly's First Minister. This practice is now reflected in this clause.

55.     Subsection (7) provides that it is for the Chief Inspector to determine the terms and conditions of appointment of Her Majesty's Inspectors, subject to the approval of the Assembly. This brings the position of the Assembly in relation to HMI in Wales into line with its position in relation to the Chief Inspector's other staff.

Clause 20: Functions of Chief Inspector

56.     This re-enacts section 5(1) to (6) and (11) of SIA 1996, as amended. It sets out the functions of the Chief Inspector and makes new provision extending the duty of the Chief Inspector to keep the Assembly informed about certain matters by adding the following:

i)     subsection (1)(b): how far education provided by schools in Wales meets the needs of the range of pupils at those schools; and

ii)     subsection (1)(f): the contribution made by those schools to the well- being of those pupils.

57.     The term "well-being" is defined in clause 31 by reference to the matters mentioned in section 25(2) of the Children Act 2004.

Clause 21: Annual and other reports to the Assembly

58.     This clause re-enacts section 5(7) of SIA 1996. It requires the Chief Inspector to make an annual report to the Assembly and provides for the report to be published by the Assembly. The Chief Inspector may also make other reports and may publish them.

Clause 22: Power of Assembly to establish advisory panel

59.     This clause provides the Assembly with a new regulation-making power enabling it to establish a panel to advise the Assembly on any matter relating to the functions of the Chief Inspector.

60.     The clause allows the Assembly to make provision as to the establishment of the panel and its functions, including provision as to the appointment of members, remuneration and allowances, the preparation of reports and a requirement for the Chief Inspector for Wales and the panel to co-operate, for example by allowing access to the Chief Inspector's staff and papers.

Clause 23: Powers of entry etc. of Chief Inspector

61.     This clause re-enacts and amends section 5(8) to (10) of SIA 1996. It sets out the Chief Inspector's rights of entry to schools and rights to inspect documents for the purposes of inspection and other functions under clause 20. These rights extend to other premises used by any person in connection with making provision for pupils aged 15 or over (but who are still of compulsory school age) to receive part of their education. Paragraph 5 of Schedule 2 provides that these rights can be exercised by any HMI, any additional inspector or other member of the Chief Inspector's staff who is authorised by him. Under subsection (3) it is an offence intentionally to obstruct the Chief Inspector in carrying out his duties. Subsection (4) specifies the penalty for that offence.

Clause 24: Power of Chief Inspector to arrange for inspections

62.     This clause re-enacts section 6 of SIA 1996. It enables the Chief Inspector to arrange for any school to be inspected by HMI, and for HMI to monitor an inspection being carried out by a registered inspector under clause 28 (which re-enacts section 10 of SIA 1996).

63.     The clause also makes provision as to rights of entry and rights to inspect documents, and makes it an offence intentionally to obstruct the Chief Inspector in the exercise of any of his functions under this clause.

Clause      25: Registration of inspectors in Wales

64.     This clause re-enacts section 7 of SIA 1996 in its application to Wales. It requires any person inspecting a school under clause 28 to be one of HMI or a registered inspector, and makes provision in relation to registration.

65.     Subsection (5) makes new provision which allows the Chief Inspector to have regard, when deciding on an application for registration, to the extent to which she intends to use HMI or registered inspectors to carry out inspections under clause 28 and to the extent to which there is a need for registered inspectors in any part of Wales. The Chief Inspector could therefore refuse to register an inspector if he considers there already exist sufficient registered inspectors in Wales to carry out school inspections, or because she intends to use HMI rather than registered inspectors for the purposes of carrying out school inspections under clause 28.

Clause 26: Removal from register and imposition or variation of conditions

66.     This clause re-enacts section 8(1) to (3) of SIA 1996 in its application to Wales. It sets out the conditions to be satisfied before the Chief Inspector can remove the name of an inspector from the register, and before he can impose or vary conditions to which the registration of an inspector is subject.

Clause 27 and Schedule 3: Appeals in relation to registration

67.     These re-enact section 9 of, and Schedule 2 to, SIA 1996 in their application to Wales. They provide for a right of appeal to a tribunal constituted under clause 27 in relation to a registration decision taken by the Chief Inspector, and make other provision in relation to such appeals and to the constitution, staffing and procedures of such a tribunal. New provision is made in subsection (2) to the effect that the tribunal must confirm a decision to refuse to renew a person's registration made on the ground of a reduced need or no need for registered inspectors in Wales if the tribunal is satisfied that the refusal was in fact on that ground.

Clause 28 and Schedule 4: Duty to arrange regular inspections of certain schools

68.     These re-enact section 10 of, and Schedule 3 to, SIA 1996 in their application to Wales. Clause 28 lists those schools which are required to be inspected under that clause at intervals to be prescribed in regulations made by the Assembly, and sets out those matters on which an inspector must report. Schedule 4 deals with arrangements for selection of inspectors; the composition of inspection teams; enrolment of persons who may act as inspection team members; training for inspections; meetings with parents of schools being inspected; rights of entry for the purposes of inspection; and replacement of an inspector during the course of an inspection.

69.     New provision is made in subsection (1) of clause 28 allowing inspections to be carried out by HMI or a registered inspector. This gives the Chief Inspector the discretion to choose whether to use a registered inspector or HMI.

70.     Subsection (5) makes new provision extending the duty of any inspector conducting an inspection under this section to report on the following matters:

i)     subsection (5)(b): how far the education provided in the school meets the needs of the range of pupils at the school; and

ii)     subsection (5)(f): the contribution made by the school to the well-being of those pupils.

Clause 29: Publication of inspection reports

71.     This clause re-enacts section 42A of SIA 1996 in its application to Wales. It enables the Chief Inspector to determine the manner in which inspection reports are published.

Clause 30: Payment of fees into Consolidated Fund

72.     This clause re-enacts section 43 of SIA 1996 in its application to Wales, requiring registration fees, enrolment fees and training fees to be paid into the Consolidated Fund unless a Treasury Receipts Direction under paragraph 4 of Schedule 6 to the Government of Wales Act 1998 requires otherwise.

Chapter 4 - Procedure for Inspections under Chapter 3

Clause 32: Inspections by members of the Inspectorate

73.     This clause re-enacts section 12(3) and (4) of SIA 1996 in its application to Wales. It enables the Chief Inspector to treat an inspection by HMI under clause 20(2)(b) or 24(1) as though it were an inspection under clause 28.

Clause 33: Duty to report on clause 28 inspections

74.     This clause re-enacts section 13(1) of SIA 1996 in its application to Wales. It requires the making of a written report and summary report following completion of a school inspection under clause 28.

Clauses 32-33: Clause 28 inspections by registered inspectors and reports of inspections by members of the Inspectorate

75.     These clauses re-enact with modifications section 13(2) to (8) and section 14 of SIA 1996 in their application to Wales, extending their application to schools requiring significant improvement in addition to schools requiring special measures. They set out the required procedure in relation to the report of an inspection carried out by a registered inspector or an HMI who is of the view that a school requires significant improvement or special measures.

Clause 36: Timing of clause 28 inspections by registered inspectors

76.     This clause re-enacts section 15 of SIA 1996 in its application to Wales. It requires a school inspection by a registered inspector to be carried out within a time specified in regulations made by the Assembly and for the period allowed for the making of an inspection report to be specified in such regulations. It allows the Chief Inspector to extend those times and provides for the giving of notice of any extension.

Clause 37: Duty to notify where inspection shows maintained school causing concern

77.     This clause re-enacts with modifications section 16A of SIA 1996 as it applies to Wales, with changes to terminology as set out at clause 44, and to the arrangements for notifying the local education authority when a maintained school receives a designation. Where an inspection of a maintained school identifies that the school requires significant improvement or special measures, the Chief Inspector is required to inform the Assembly and the local education authority of this immediately in writing. Thus, the local education authority will in future receive such notification direct from the Chief Inspector, rather than as at present from the Assembly.

Clause 38: Destination of reports: maintained schools

78.     This clause re-enacts with modifications section 16 of SIA 1996 in its application to Wales. It requires school inspection reports and summaries to be made widely available to specified persons, and sets out who must receive a copy of a report and summary and in what circumstances. In addition to all reports following an inspection under clause 28 and to other reports by HMI identifying a school as requiring special measures, this clause applies to other reports by HMI identifying a school as requiring significant improvement.

Clause 39: Statement to be prepared by appropriate authority

79.     This clause re-enacts with modifications section 17 of SIA 1996 in its application to Wales. It sets out the requirement on a school's governing body or, where the school does not have a delegated budget, on the local education authority, to prepare a written statement of action setting out the steps they propose to take in the light of a report of any inspection under clause 28, or any other inspection by HMI stating that special measures are required. New provision is made requiring a statement of action to be prepared also after other HMI inspections where the report states that the school requires significant improvement. Regulations made by the Assembly will set out the periods for preparing a written statement and the periods for sending them to specified persons, including the Assembly.

Clause 40: Statement to be prepared by local education authority

80.     This clause re-enacts with modifications section 18 of SIA 1996 in its application to Wales. It places a requirement on local education authorities to prepare a written statement of action they intend to take in the light of an inspection report for schools requiring special measures. New provision is made requiring a statement to be prepared where an inspection report states that a school requires significant improvement. Regulations made by the Assembly will set out the periods for preparing these written statements.

Clause 41: Destination of reports: non-maintained schools

81.     This clause re-enacts with modifications section 20 of SIA 1996 in its application to Wales. It requires school inspection reports and summaries to be made widely available to specified persons, and sets out who must receive a copy of a report and summary and in what circumstances. In addition to all reports following an inspection under clause 28 and to other reports by HMI identifying a school as requiring special measures, this clause now applies to other reports by HMI identifying a school as requiring significant improvement.

Clause 42: Statement to be prepared by proprietor of school

82.     This clause re-enacts with modifications section 21 of SIA 1996 in its application to Wales. It sets out the requirement on the proprietor to prepare a written statement of action setting out the steps he proposes to take in light of a report of any inspection under clause 28, or any other inspection by HMI stating that a school requires special measures. New provision is made requiring a statement of action to be prepared after other HMI inspections where the report states that a school requires significant improvement. Regulations made by the Assembly will set out the periods for preparing these written statements and the periods for sending them to specified persons, including the Assembly.

Chapter 5 - Schools Causing Concern

Clause 44: Categories of schools causing concern

83.     This clause defines the two statutory categories of schools causing concern: those which require special measures and those which require significant improvement.

84.     Subsection (1) provides a revised definition of the existing special measures category, with a school's capacity to improve now to be taken into account in inspectors' judgements. The definition in section 13(9) of SIA 1996 is that 'special measures are required to be taken in relation to a school if the school is failing, or likely to fail, to give its pupils an acceptable standard of education'. Schools will no longer be regarded as requiring special measures merely because they are 'likely to fail'. Special measures will be required only if the school is failing to provide an acceptable standard of education and the capacity to secure the necessary improvement is not demonstrated.

85.     Subsection (2) introduces a new category of a school requiring significant improvement. Schools which would previously have been judged to have serious weaknesses, as defined in section 15 of the School Standards and Framework Act 1998, inadequate sixth forms, as defined in paragraph 1(2) of Schedule 7 of the Learning and Skills Act 2000, or to be underachieving, as defined in Ofsted guidance, are expected to fall into this new category.

Clause 45: Cases where Secretary of State or Assembly may direct closure of school

86.     This clause amends section 19 of the School Standards and Framework Act 1998, as amended by section 56 of the Education Act 2002; the amendment curtails the power of the Secretary of State or the Assembly to direct a local education authority to close a school which is causing concern. At present the Secretary of State or the Assembly has such power in relation to schools which require special measures or have serious weaknesses. In future, this power will apply only in relation to a school which is placed in special measures.

Clause 46: Sixth forms requiring significant improvement

87.     This clause introduces Schedule 5, which sets out amendments to the Learning and Skills Act 2000 arising from the new category of significant improvement.

Schedule 5: Sixth forms requiring significant improvement

88.     This Schedule amends section 113 of and Schedule 7 to the Learning and Skills Act 2000. It replaces the current categorisation of 'inadequate sixth form' with a 'sixth form requiring significant improvement'. This reflects the new significant improvement category introduced by clause 44. Paragraph 3(3) defines the circumstances in which a school requires significant improvement in relation to its sixth form: if it is failing to give pupils over 16 an acceptable standard of education; or if its performance in relation to provision for such pupils is less than might reasonably be expected. Other provisions in the Schedule continue existing arrangements in relation to sixth forms which gives cause for concern, including the power of the Learning and Skills Council for England or the National Council for Education and Training for Wales to propose closure.

89.     Sub-paragraphs (11) to (14) of paragraph 3 provide for schools for 16-19 year old students in England and Wales to be judged to be causing concern following an inspection under section 5 and reflect the revised definition of special measures and the new category of significant improvement in clause 44.

Chapter 6 - Other Inspections: England and Wales

Clause 48: Inspection of religious education: England

90.     This clause re-enacts without modification section 23 of SIA 1996 in its application to England, providing for the separate inspection of denominational education and collective worship in schools designated under section 69(3) of the School Standards and Framework Act 1998 by the Secretary of State as having a religious character. It sets out that it is the responsibility of the governing body of a school, or in the case of a voluntary controlled school, the responsibility of the foundation governors, to arrange an inspection under this clause. Subsection (2) provides that, in choosing the inspector, the governing body or foundation governors must consult any person prescribed in regulations in relation to the religion or religious denomination of that school. The clause allows the Secretary of State to prescribe in regulations the intervals between such inspections.

Clause 49: Procedure for inspections under clause 48

91.     This clause re-enacts procedures currently covered by Schedule 4 to SIA 1996. It allows the Secretary of State to prescribe in regulations the period within which an inspection under clause 48 may be conducted. It also requires the person conducting the inspection to prepare a report in writing before the end of a period which is prescribed in regulations. Subsection (4) places a duty on the governing body to make the report available to members of the public and to ensure that all parents of registered pupils receive a copy of the report.

Clause 50 and Schedule 6: Inspection of religious education: Wales

92.     This clause makes similar provision in relation to Wales to that made by clause 48 in relation to England. New provision is made requiring governing bodies or foundation governors, before they choose an inspector to conduct an inspection of denominational education and collective worship, to have regard to guidance provided by the relevant body for the faith group to which the school belongs. These bodies will be set out in regulations made by the Assembly. The Schedule makes provision in relation to the procedure for, and conduct of, such inspections, and in relation to the preparation of inspection reports and action plans.

Clause 51: Power of LEA to inspect maintained school for specific purpose

93.     This clause re-enacts without any changes section 25 of SIA 1996 giving local education authorities, for the specific purposes set out in subsection (1), the power to conduct visits to inspect provision in schools which they maintain.

Clause 52: Provision of inspection services by LEAs in Wales

94.     This clause re-enacts section 24 of SIA 1996 in its application to Wales. It enables a local education authority to provide a school inspection service for schools within their area. It allows the service to be provided for both maintained and non-maintained schools and requires local authorities to recover costs through charges on those using the service. It provides that the Assembly may by regulations make provision as to the making of tenders and keeping of accounts by local education authorities.

Clause 53: Inspection of child minding, day care and nursery education

95.     This clause introduces Schedule 7 which sets out amendments relating to the inspection of child minding, day care for children, and nursery education.

Schedule 7: Inspection of child minding, day care and nursery education

96.     This Schedule makes amendments to Part 10A of the Children Act 1989 which was inserted by the Care Standards Act 2000 (child minding and day care); and section 122 of, and Schedule 26 to the School Standards and Framework Act 1998 (nursery education).

97.     Paragraph 1 expands the general duty of the Chief Inspector for England to keep the Secretary of State informed about child minding and day care provided in England. In addition to the quality and standards of child minding and day care, the Chief Inspector must also keep the Secretary of State informed about how far child minding and day care meet the needs of the range of children cared for, about the quality of the leadership and management of day care, and about the contribution made by child minding and day care to the well-being of the children for whom they are provided. Well-being is to be interpreted in accordance with section 10(2) of the Children Act 2004.

98.     Paragraph 2 removes the requirement on the Chief Inspector to maintain a register of early years child care inspectors in England.

99.     Paragraph 3 makes amendments as a consequence of the removal of the requirement to maintain a register of early years child care inspectors under paragraph 3. It places duties, formerly placed on registered inspectors, on the Chief Inspector in England to report as set out at paragraph 2. Sub-paragraph (6) inserts a new regulation-making power to require child minders and providers of day care to notify prescribed persons of an inspection.

100.     Paragraph 4 amends the provisions in section 79R of the Children Act 1989 placing the responsibility for the production and distribution of child minding and day care inspection reports on the Chief Inspector of schools in England. It removes the requirement for a report to be prepared within a prescribed period. Paragraph 4(4) makes provision for regulations to require child minders and providers of day care, to whom the Chief Inspector is already required to send a report, to make a copy of the report available to other persons as may be prescribed (this will cover parents); to provide a copy of the report to other persons as may be prescribed; and allows them to charge a fee for providing copies of the report in prescribed cases. Paragraph 4(5) removes a reference to SIA 1996 and substitutes it with a reference to this Bill, enabling inspection reports to be published by electronic means.

101.     Paragraphs 5 and 6 amend sections 79T and 79U of the Children Act 1989, replacing references in those provisions to SIA 1996 with references to this Bill for Wales and England respectively. In Wales, paragraph 5 enables the Chief Inspector for Wales to determine the manner in which inspection reports are published (see note to clause 28). In England, paragraph 6 ensures that the rights of enter powers within the Children Act 1989 permit access to allow the inspection of computer records (see note to clause 58).

102.     Paragraph 7 amends section 122 of the School Standards and Framework Act 1998, to reflect the retention of the requirement to keep a register of nursery inspectors in Wales but the removal of this requirement in England.

103.     Paragraph 9 amends the definition of 'relevant nursery education' (and associated expressions) for the purposes of Schedule 26 (Inspection of nursery education) of the School Standards and Framework Act 1998. The definition now includes nursery education provided under arrangements made in pursuance of the duty to secure sufficient provision of nursery education for their area under section 118 of the 1998 Act. This is in consequence of the removal of the duty on the local authority to prepare an early years and childcare development plan.

104.     Paragraph 10 makes changes which reflect the different approaches in England and Wales outlined below (see notes to paragraphs 13 to 19). This paragraph also defines the term "well-being" in accordance with sections 10(2) (England) and 25(2) (Wales) of the Children Act 2004.

105.     Paragraph 11 expands the general duty, as set out in paragraph 3 of Schedule 26 to the School Standards and Framework Act 1998, of the Chief Inspector for England and the Chief Inspector for Wales to keep the Secretary of State and the Assembly respectively informed about relevant nursery education. In addition to the quality and standards of nursery education, and the spiritual, moral, social and cultural development of the children for whom nursery education is provided, both Chief Inspectors must also provide information about how far relevant nursery education meets the needs of the range of children for whom it is provided, about the quality of the leadership and management of nursery education, and about the contribution made by relevant nursery education to the well-being of the children for whom it is provided.

106.     Paragraph 12 makes changes to the nursery education inspection provisions in paragraphs 6 and 7 of Schedule 26 to the School Standards and Framework Act 1998. These changes are a consequence of the removal of the requirement on the Chief Inspector for England to establish and maintain a register of nursery education inspectors (see notes to paragraphs 13 to 19 below). It re-enacts paragraph 6 of Schedule 26 in relation to Wales, making provision for the Chief Inspector for Wales to secure the inspection of nursery education by HMI or registered nursery education inspectors. It also inserts a new regulation-making power to require the responsible person (to be prescribed) to notify prescribed persons of an inspection.

107.     In relation to both England and Wales, this paragraph removes the references to inspections being carried out at any premises on which relevant nursery education is provided. The Chief Inspector will be able to inspect relevant nursery education without having to arrange an inspection visit to every set of premises.

108.     Paragraphs 13 to 19 remove the requirement on the Chief Inspector for England to establish and maintain a register of nursery education inspectors, but provide for the retention of this requirement in Wales. They make a number of consequential amendments to paragraphs 8, 9, 10, 11 and 12 of Schedule 26 to the School Standards and Framework Act 1998 to reflect this difference.

109.     Paragraph 20 amends the provisions in Schedule 26 of the School Standards and Framework Act 1998 in respect of nursery education inspection reports in England. These make the Chief Inspector responsible for the production and distribution of all reports and remove the requirement for a report to be prepared within a prescribed period. It makes provision requiring the Chief Inspector to send a copy of the report to the responsible person (which will be prescribed in regulations to cover those persons in receipt of funding from the local education authority for the provision of nursery education) and to other persons as may be prescribed. It also makes provision for regulations to require the responsible person (to whom the Chief Inspector is already required to send a report) to make a copy of the report available to other persons as may be prescribed (it is intended that this will cover parents); to provide a copy of the report to other persons as may be prescribed; and to allow them to charge a fee for providing copies of the report in prescribed cases.

110.     Paragraph 20 also re-enacts, in relation to Wales, the provisions of paragraph 13 of Schedule 26 to the School Standards and Framework Act 1998 which makes provision in relation to the reports of inspections. There is new provision (as in England) allowing regulations made by the Assembly to require prescribed persons, to whom the Chief Inspector for Wales is already required to send a report, to send a copy of the report to other specified persons.

111.     Finally, paragraph 20 removes the reference to SIA 1996 and substitutes it with a reference to this Bill, enabling inspection reports to be published by electronic means.

112.     Paragraph 21 amends paragraph 14 of Schedule 26 to the School Standards and Framework Act in respect of the provisions for the annual reports of Chief Inspectors in both England and Wales to include an account of the exercise of their functions in respect of nursery education inspection, consequent upon the new legal basis for such reports in this Bill.

113.     Paragraphs 22 and 23 make consequential amendments to reflect the different provisions for nursery education in England and Wales, as outlined in the notes to paragraphs 13-19.

114.     Paragraph 24 makes further consequential amendments to paragraphs 16, 17 and 18 of the School Standards and Framework Act 1998 reflecting the different provisions for nursery education in England and Wales, as set out at paragraphs 13 to 19, and replaces a reference to section 42 of SIA 1996 which relates to the inspection of computer records with an equivalent reference in this Bill.