Education Bill [HL]

House of Commons

Session 2004 - 05
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Other Bills before Parliament

Education Bill [HL]

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.

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.