House of Commons portcullis
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 1 — School inspectors and school inspections: England

6

 

9       

Power of Chief Inspector to treat other inspection as section 5 inspection

I f the Chief Inspector so elects in the case of any inspection under section

2(2)(b) or 8 of a school to which section 5 applies, that inspection is to be treated

for the purposes of section 5(1) and of Chapter 2 as if it were an inspection

under section 5.

5

10      

Power of entry etc. for purposes of inspection under section 5 or 8

(1)   

When inspecting a school under section 5 or 8, the Chief Inspector has at all

reasonable times—

(a)   

a right of entry to the premises of the school,

(b)   

a right of entry to any other premises on which, by virtue of

10

arrangements made by the school, any pupils who—

(i)   

are registered at the school, and

(ii)   

have attained the age of 15, or will attain that age in the current

school year, but have not ceased to be of compulsory school age,

   

are receiving part of their education from any person (“the provider”),

15

(c)   

a right of entry to any premises of the provider used in connection with

the provision by him of that education,

(d)   

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 considers relevant to the discharge of his functions, and

20

(e)   

a right to inspect and take copies of—

(i)   

any records kept by the provider relating to the provision of

education for pupils registered at the school, and

(ii)   

any other documents containing information relating to the

provision of such education by the provider,

25

   

which the Chief Inspector considers relevant to the discharge of his

functions.

(2)   

It is an offence intentionally to obstruct the Chief Inspector in relation to the

inspection of a school for the purposes of section 5 or 8.

(3)   

A person guilty of an offence under subsection (2) is liable on summary

30

conviction to a fine not exceeding level 4 on the standard scale.

Publication of inspection reports

11      

Publication of inspection reports

(1)   

The Chief Inspector may arrange for any report of an inspection carried out by

him under any provision of this Chapter (whether the report is required by any

35

such provision or is otherwise made in pursuance of his functions under that

provision) to be published in such manner as he considers appropriate.

(2)   

Without prejudice to the generality of—

(a)   

section 3(c), or

(b)   

subsection (1),

40

   

the Chief Inspector may arrange for a report to which that provision applies to

be published by electronic means.

 
 

Education Bill [HL]
Part 1 — School inspections and other inspections by school inspectors
Chapter 2 — Procedure for inspections under Chapter 1

7

 

(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.

(4)   

Subsection (3) does not limit any privilege subsisting apart from that

subsection.

5

Interpretation of Chapter

12      

Interpretation of Chapter 1

In this Chapter—

“the Chief Inspector” means Her Majesty’s Chief Inspector of Schools in

England;

10

“prescribed” means prescribed by regulations;

“regulations” means regulations made by the Secretary of State under this

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 10(2) of the

15

Children Act 2004 (c. 31).

Chapter 2

Procedure for inspections under Chapter 1

Inspections and reports: all schools

13      

Duties of Chief Inspector where school causes or has caused concern

20

(1)   

If, on completion of a section 5 inspection of a school, the Chief Inspector is of

the opinion—

(a)   

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

or

(b)   

that the school requires significant improvement,

25

   

he must comply with subsections (2) and (3).

(2)   

The Chief Inspector must—

(a)   

send a draft of the report of the inspection—

(i)   

in the case of a maintained school, to the governing body, and

(ii)   

in the case of any other school, to the proprietor of the school,

30

and

(b)   

consider any comments on the draft that are made to him within the

prescribed period by the governing body or proprietor, as the case may

be.

(3)   

If, after complying with subsection (2), the Chief Inspector is of the opinion that

35

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

(a)   

he must without delay give a notice in writing, stating that the case falls

within paragraph (a) or (b) of subsection (1)—

(i)   

to the Secretary of State,

(ii)   

in the case of a maintained school, to the local education

40

authority, and

 
 

Education Bill [HL]
Part 1 — School inspections and other inspections by school inspectors
Chapter 2 — Procedure for inspections under Chapter 1

8

 

(iii)   

in the case of any other school, to the proprietor of the school,

and

(b)   

he must state his opinion in the report of the inspection.

(4)   

If a report of a section 5 inspection is made in circumstances where—

(a)   

in the latest report of an inspection of the school, the Chief Inspector

5

stated that in his opinion special measures were required to be taken in

relation to the school, but

(b)   

the Chief Inspector is of the opinion that special measures are not

required to be taken in relation to the school,

   

he must state his opinion in the report (whether or not he is required by

10

subsection (3)(b) also to state the opinion that the school requires significant

improvement).

(5)   

If a report of a section 5 inspection is made in circumstances where—

(a)   

in the latest report of an inspection of the school, the Chief Inspector

stated that in his opinion the school required significant improvement,

15

but

(b)   

the Chief Inspector 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,

   

he must state his opinion in the report.

20

Destination of reports and measures required: maintained schools

14      

Destination of reports: maintained schools

(1)   

The Chief Inspector must ensure that a copy of the report of any section 5

inspection of a maintained school is sent without delay to the appropriate

authority for the school.

25

(2)   

The Chief Inspector must ensure that copies of the report are sent—

(a)   

to the head teacher of the school,

(b)   

to whichever of the local education authority and the governing body

are not the appropriate authority,

(c)   

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

30

appoints them and (if different) to the appropriate appointing

authority, and

(d)   

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

any) as may be prescribed.

(3)   

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

35

over compulsory school age, the Chief Inspector must ensure that a copy of the

report is also sent to the Learning and Skills Council for England.

(4)   

The appropriate authority must—

(a)   

make a copy of any report sent to the authority under subsection (1)

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

40

such place as may be reasonable,

(b)   

provide a copy of the report, 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

45

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

 
 

Education Bill [HL]
Part 1 — School inspections and other inspections by school inspectors
Chapter 2 — Procedure for inspections under Chapter 1

9

 

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

authority as may be prescribed.

15      

Measures to be taken by local education authority

(1)   

This section applies where, in a report of a section 5 inspection of a maintained

school, the Chief Inspector stated either—

5

(a)   

that in his opinion special measures were required to be taken in

relation to the school, or

(b)   

that in his opinion the school required significant improvement.

(2)   

The local education authority must—

(a)   

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

10

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

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

reasons for not doing so, and

(b)   

send a copy of the statement prepared under paragraph (a) to the Chief

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

15

(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

20

(b)   

if—

(i)   

the report states that the Chief Inspector is of the opinion that

special measures are required to be taken in relation to the

school, and

(ii)   

the Secretary of State is of the opinion that the urgency of the

25

case requires a shorter period,

   

such shorter period as the Secretary of State 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

30

16      

Destination of reports: non-maintained schools

(1)   

The Chief Inspector must ensure that a copy of the report of any section 5

inspection of a school other than a maintained school is sent without delay to

the proprietor of the school.

(2)   

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

35

school, the proprietor must without delay send a copy of any report sent to him

under subsection (1) to any local education authority that is paying fees in

respect of the attendance of a registered pupil at the school.

(3)   

The proprietor of the school must—

(a)   

make any report sent to him under subsection (1) available for

40

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

may be reasonable,

 
 

Education Bill [HL]
Part 1 — School inspections and other inspections by school inspectors
Chapter 2 — Procedure for inspections under Chapter 1

10

 

(b)   

provide a copy of the report, 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

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

5

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

proprietor as may be prescribed.

17      

Statement to be prepared by proprietor of school

(1)   

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

a report of a section 5 inspection in which the Chief Inspector states—

10

(a)   

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

in relation to the school, or

(b)   

that he is of the opinion that the school requires significant

improvement,

   

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

15

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

he proposes to take it.

(2)   

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

period allowed by this subsection, that is—

(a)   

such period as may be prescribed, or

20

(b)   

if—

(i)   

the report states that the Chief Inspector is of the opinion that

special measures are required to be taken in relation to the

school, and

(ii)   

the Secretary of State is of the opinion that the urgency of the

25

case requires a shorter period,

   

such shorter period as the Secretary of State may direct;

   

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

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

30

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

(a)   

to the Chief Inspector, and

(b)   

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

35

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

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

registered pupil at the school.

Interpretation of Chapter

40

18      

Interpretation of Chapter 2

In this Chapter—

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

school, means—

 
 

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

11

 

(a)   

the appropriate diocesan authority, if it is a Church of England

school, a Church in Wales school or a Roman Catholic Church

school, or

(b)   

in any other case, the person who appoints the foundation

governors;

5

“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;

“the Chief Inspector” means Her Majesty’s Chief Inspector of Schools in

England;

10

“maintained school” means a community, foundation or voluntary

school, a community or foundation special school or a maintained

nursery school;

“prescribed” means prescribed by regulations;

“regulations” means regulations made by the Secretary of State under this

15

Chapter;

“section 5 inspection” means an inspection under section 5.

Chapter 3

School inspectors and school inspections: Wales

Her Majesty’s Inspectorate for Wales

20

19      

Her Majesty’s Inspectorate of Education and Training in Wales

(1)   

Her Majesty may by Order in Council appoint a person to the office of Her

Majesty’s Chief Inspector of Education and Training in Wales or Prif

Arolygydd Ei Mawrhydi dros Addysg a Hyfforddiant yng Nghymru (“the

Chief Inspector”).

25

(2)   

Her Majesty may by Order in Council appoint persons as Her Majesty’s

Inspectors of Education and Training in Wales or Arolgwyr Ei Mawrhydi dros

Addysg a Hyfforddiant yng Nghymru.

(3)   

Any person appointed as one of Her Majesty’s Inspectors of Education and

Training in Wales is to serve, in accordance with the terms and conditions on

30

which he is appointed, as a member of the staff of the Chief Inspector.

(4)   

The Chief Inspector holds and vacates office in accordance with the terms of his

appointment, but—

(a)   

must not be appointed for a term of more than five years,

(b)   

may at any time resign by giving written notice to the Assembly, and

35

(c)   

may be removed from office by Her Majesty on the ground of

incapacity or misconduct.

(5)   

The previous appointment of a person as Chief Inspector does not affect his

eligibility for appointment.

(6)   

If the Assembly considers that any of the powers conferred by subsection (1),

40

(2) and (4)(c) ought to be exercised, the Assembly must advise the Secretary of

State on any recommendation to be made to Her Majesty as to the exercise of

the power.

 
 

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

12

 

(7)   

The terms of a person’s appointment under subsection (2) are to be determined

by the Chief Inspector with the approval of the Assembly.

(8)   

Schedule 2 makes further provision about the Chief Inspector and his staff.

20      

Functions of Chief Inspector

(1)   

The Chief Inspector has the general duty of keeping the Assembly informed

5

about—

(a)   

the quality of the education provided by schools in Wales,

(b)   

how far that education meets the needs of the range of pupils at those

schools,

(c)   

the educational standards achieved in those schools,

10

(d)   

the quality of the leadership in and management of those schools,

including whether the financial resources made available to those

schools are managed efficiently,

(e)   

the spiritual, moral, social and cultural development of pupils at those

schools, and

15

(f)   

the contribution made by those schools to the well-being of those

pupils.

(2)   

When asked to do so by the Assembly, the Chief Inspector must—

(a)   

give advice to the Assembly on such matters as may be specified in the

Assembly’s request, and

20

(b)   

inspect and report on such school, or class of school, in Wales as may

be so specified.

(3)   

In addition, the Chief Inspector has the following specific duties—

(a)   

establishing and maintaining the register mentioned in section 25(1);

(b)   

giving guidance to inspectors registered in that register, and such other

25

persons as he considers appropriate, in connection with inspections of

schools in Wales under section 28 and the making of reports of such

inspections;

(c)   

keeping under review the system of inspecting schools under that

section and, in particular, the standard of such inspections and of the

30

reports made by registered inspectors;

(d)   

keeping under review the extent to which any requirement imposed by

or under this Part, or any other enactment, on any registered inspector,

local education authority, proprietor of a school or governing body in

relation to inspections of schools in Wales is complied with;

35

(e)   

promoting efficiency in the conduct and reporting of inspections of

schools in Wales by encouraging competition in the provision of

services by registered inspectors.

(4)   

The Chief Inspector may at any time give advice to the Assembly on any matter

connected with schools, or a particular school, in Wales.

40

(5)   

The Chief Inspector is to have such other functions in connection with schools

in Wales, including functions with respect to the training of teachers for such

schools, as may be assigned to him by the Assembly.

(6)   

In exercising his functions, the Chief Inspector must have regard to such

aspects of policy adopted or formulated by the Assembly as the Assembly may

45

direct.

 
 

 
previous section contents continue
 
House of Commons home page Houses of Parliament home page House of Lords home page search page enquiries

© Parliamentary copyright 2005
Revised 23 March 2005