Education Bill [HL]

House of Commons

Session 2004 - 05
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Education Bill [HL]

Education Bill [HL]
Schedule 4 — School inspections in Wales under section 28
77

      (2)
Where the Chief Inspector 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)
Sub-paragraph (1) does 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
5
Inspector.
Meeting with parents
6
Where an inspection is arranged, the appropriate authority for the school
concerned must—
(a)
take such steps as are reasonably practicable to notify—
10
(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
15
those parents of registered pupils at the school who wish to attend.
Rights of entry etc.
7     (1)
An inspector conducting an inspection, and the members of his inspection
team, have at all reasonable times—
(a)
a right of entry to the premises of the school concerned, and
20
(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.
      (2)
Where—
(a)
pupils registered at the school concerned are, by arrangement with
25
another school, receiving part of their education at the other school,
and
(b)
the inspector is satisfied that he cannot properly discharge his duty
under section 28(5) in relation to the school concerned without
inspecting the provision made for those pupils at that other school,
30

sub-paragraph (1) applies in relation to that other school as it applies in
relation to the school concerned.
      (3)
An inspector conducting an inspection of a school, and the members of his
inspection team, also have at all reasonable times—
(a)
a right of entry to any premises (other than school premises) on
35
which, by virtue of 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
40
school age,

are receiving part of their education from any person (“the
provider”);
(b)
a right of entry to any premises of the provider used in connection
with the provision by him of that education, and
45
(c)
a right to inspect and take copies of—

Education Bill [HL]
Schedule 5 — Sixth forms requiring significant improvement
78

(i)
any records kept by the provider relating to the provision of
that education, and
(ii)
any other documents containing information so relating,

which the inspector or (as the case may be) member of the team
requires for the purposes of the inspection.
5
Offence of obstructing inspector or inspection team
8     (1)
It is an offence intentionally to obstruct—
(a)
the inspector conducting the inspection, or
(b)
a member of an inspection team,

in the exercise of his functions in relation to an inspection of a school.
10
      (2)
A person guilty of an offence under sub-paragraph (1) is liable on summary
conviction to a fine not exceeding level 4 on the standard scale.
Replacement of inspector during course of inspection
9     (1)
This paragraph applies to an inspection where, at any time—
(a)
after the meeting required by paragraph 6 is held, but
15
(b)
before the making of the report of the inspection is completed,

the inspector conducting the inspection becomes (for any reason) unable to
continue to discharge his functions as an inspector in relation to the
inspection.
      (2)
If the conditions set out in sub-paragraph (3) are satisfied—
20
(a)
the Chief Inspector may arrange for that person to be replaced as the
inspector conducting the inspection by another person who is either
a registered inspector or a member of the Inspectorate, and
(b)
if he does so, anything done by or in relation to that person in
connection with the inspection is, so far as necessary for his effectual
25
replacement by that other inspector, to be regarded as done by or in
relation to that other inspector.
      (3)
The conditions are—
(a)
that the appropriate authority for the school concerned have given
the Chief Inspector notice in writing of their agreement to the
30
inspector mentioned in sub-paragraph (1) being replaced under this
paragraph, and
(b)
that the replacement inspector does not have, and has not at any time
had, any connection of the kind mentioned in paragraph 3(5) with
the school in question or with any other person mentioned there.
35
Schedule 5
Section 46

Sixth forms requiring significant improvement
1
In this Schedule “the 2000 Act” means the Learning and Skills Act 2000
(c. 21).
2     (1)
Section 113 of the 2000 Act (inadequate sixth-forms) is amended as follows.
40

Education Bill [HL]
Schedule 5 — Sixth forms requiring significant improvement
79

      (2)
In subsection (1), and in the heading to the section, for “inadequate sixth-
forms” substitute “sixth forms requiring significant improvement”.
      (3)
For subsection (2) substitute—
“(2)
Expressions used in that Schedule and in Chapter 2 or 4 of Part 1 of
the Education Act 2005 have—
5
(a)
in relation to schools in England, the same meaning as in
Chapter 2 of that Part, and
(b)
in relation to schools in Wales, the same meaning as in
Chapter 4 of that Part.”
3     (1)
Schedule 7 to the 2000 Act (inadequate sixth forms) is amended as follows.
10
      (2)
For the heading to the Schedule, substitute “Sixth forms requiring
significant improvement”.
      (3)
In paragraph 1, for sub-paragraph (2) substitute—
    “(2)
For the purposes of those paragraphs a school requires significant
improvement in relation to its sixth form if—
15
(a)
the school is failing to give its pupils over compulsory
school age an acceptable standard of education, or
(b)
in relation to its provision for pupils over compulsory
school age, the school is performing significantly less well
than it might in all the circumstances reasonably be
20
expected to perform.”
      (4)
For paragraph 2 substitute—
“2
If a person who inspects a school—
(a)
states in his report an opinion, in accordance with section
13(4), 34(7) or 35 (2) or (5) of the Education Act 2005 (school
25
no longer requiring special measures), that special
measures are not required to be taken in relation to the
school, but
(b)
is of the opinion that the school requires significant
improvement in relation to its sixth form,
30

he shall state that opinion in his report.”
      (5)
In paragraph 3—
(a)
in sub-paragraph (1) for “has an inadequate sixth-form” substitute
“requires significant improvement in relation to its sixth form”, and
(b)
for sub-paragraph (3) substitute—
35
    “(3)
The report shall be treated for all purposes of this Schedule
and Part 1 of the Education Act 2005 (inspections) as if it
were a report of an inspection of a school under section 5
or 28 of that Act.”
      (6)
In paragraph 4—
40
(a)
in sub-paragraph (1)—
(i)
in paragraph (a), for “has an inadequate sixth form”
substitute “requires significant improvement in relation to its
sixth form”, and
(ii)
in paragraph (b), after “where” insert “the report relates to a
45
school in Wales and”,

Education Bill [HL]
Schedule 5 — Sixth forms requiring significant improvement
80

(b)
in sub-paragraph (2)—
(i)
for paragraph (a) substitute—
“(a)
a report of an inspection under Chapter 1 or 3 of
Part 1 of the Education Act 2005 states the opinion
that the school requires significant improvement in
5
relation to its sixth form,”, and
(ii)
at the beginning of paragraph (c) insert “in the case of a
school in Wales”.
      (7)
In paragraph 5—
(a)
in sub-paragraph (1)—
10
(i)
for “Part I of the Schools Inspection Act 1996” substitute
“Chapter 1 or 3 of Part 1 of the Education Act 2005”, and
(ii)
in paragraph (b), for “have an inadequate sixth-form”
substitute “require significant improvement in relation to its
sixth form”, and
15
(b)
in sub-paragraph (2), after “Where” insert “, in the case of a school in
Wales,”.
      (8)
In paragraph 6—
(a)
for sub-paragraph (1) substitute—
    “(1)
This paragraph applies to a report of an inspection under
20
Chapter 1 or 3 of Part 1 of the Education Act 2005 which—
(a)
states an opinion that a school requires significant
improvement in relation to its sixth form, and
(b)
in the case of a school in Wales, is made by a
member of the Inspectorate or states that the Chief
25
Inspector agrees with the opinion mentioned in
paragraph (a).”,
(b)
in sub-paragraph (2), for paragraph (b) substitute—
“(b)
if either—
(i)
the school is in England, or
30
(ii)
the school is in Wales and the person
making the report is a member of the
Inspectorate,

to the appropriate authority for the school.”
(c)
for sub-paragraph (3) substitute—
35
    “(3)
The following provisions of the Education Act 2005 shall
apply (with the necessary modifications) in relation to a
report to which this paragraph applies—
(a)
in the case of a school in England—
(i)
section 14(2) (additional copies),
40
(ii)
section 14(4) (publication by appropriate
authority), and
(iii)
where the local education authority
receives a copy of a report about a school
the governing body of which have a
45
delegated budget, section 15(2) and (3)
(measures by local education authority),
and
(b)
in the case of a school in Wales—

Education Bill [HL]
Schedule 5 — Sixth forms requiring significant improvement
81

(i)
section 38(2) (additional copies),
(ii)
section 38(4) (publication by appropriate
authority),
(iii)
section 39 (action plan by appropriate
authority),
5
(iv)
where the local education authority
receives a copy of a report about a school
the governing body of which have a
delegated budget, section 40(2) and (3)
(measures by local education authority).”
10
      (9)
For paragraph 7 substitute—
“7    (1)
Where a person who inspects a school is of the opinion that a
school requires significant improvement in relation to its sixth
form, the provisions specified in sub-paragraph (2) shall apply,
with the necessary modifications, as they apply where he is of the
15
opinion that special measures are required to be taken in relation
to the school.
      (2)
Those provisions are—
(a)
in the case of a school in England, section 13(1) to (3) of the
Education Act 2005 (duty of Chief Inspector to send draft
20
report to governing body or proprietor, to consider their
comments and to state opinion in report), and
(b)
in the case of a school in Wales, section 34(1) to (6) of that
Act (registered inspectors) or, as the case requires, section
35(1) of that Act (members of the Inspectorate).”
25
     (10)
Omit paragraph 9.
     (11)
In paragraph 10—
(a)
in sub-paragraph (1)(b), for “has significant weaknesses in one or
more area of its activities” substitute “requires significant
improvement”, and
30
(b)
in sub-paragraph (3)—
(i)
for “the School Inspections Act 1996” substitute “Part 1 of the
Education Act 2005”, and
(ii)
for “section 10” substitute “section 5 or 28”.
     (12)
In paragraph 11—
35
(a)
for sub-paragraph (1) substitute—
    “(1)
Parts 2 and 3 of this Schedule shall apply—
(a)
in relation to a school in England, if a report of an
inspection of the school made under Chapter 1 of
Part 1 of the Education Act 2005 states—
40
(i)
in accordance with subsection (4) of section
13, an opinion that special measures are not
required to be taken in relation to the
school, and
(ii)
in accordance with subsection (3)(b) of that
45
section, an opinion that the school requires
significant improvement,
(b)
in relation to a school in Wales, if—

Education Bill [HL]
Schedule 5 — Sixth forms requiring significant improvement
82

(i)
a report of an inspection of the school made
under Chapter 3 of Part 1 of the Education
Act 2005 states in accordance with section
34(7) or 35(5) an opinion that special
measures are not required to be taken in
5
relation to the school,
(ii)
the report also states in accordance with
section 34(6) or 35(4) an opinion that the
school requires significant improvement,
and
10
(iii)
where the person making the report is not a
member of the Inspectorate, the report also
states that the Chief Inspector agrees with
his opinion.”
(b)
in sub-paragraph (2)—
15
(i)
for paragraph (a) substitute—
“(a)
a report of an inspection under Chapter 1 or 3 of
Part 1 of the Education Act 2005 states that special
measures are required to be taken in relation to the
school or that the school requires significant
20
improvement,”, and
(ii)
at the beginning of paragraph (c) insert “in the case of a
school in Wales”.
     (13)
In paragraph 12—
(a)
in sub-paragraph (1)—
25
(i)
for “Part I of the School Inspections Act 1996” substitute
“Chapter 1 or 3 of Part 1 of the Education Act 2005”, and
(ii)
in paragraph (b), for “have significant weaknesses in one or
more areas of its activities” substitute “require significant
improvement”, and
30
(b)
in sub-paragraph (2), after “Where” insert “, in the case of a school in
Wales,”.
     (14)
In paragraph 13—
(a)
for sub-paragraph (1) substitute—
    “(1)
This paragraph applies to a report of an inspection under
35
Chapter 1 or 3 of Part 1 of the Education Act 2005 which—
(a)
states an opinion that a school requires significant
improvement, and
(b)
in the case of a school in Wales, is made by a
member of the Inspectorate or states that the Chief
40
Inspector agrees with the opinion mentioned in
paragraph (a).”,
(b)
in sub-paragraph (2), for paragraph (b) substitute—
“(b)
if either—
(i)
the school is in England, or
45
(ii)
the school is in Wales and the person
making the report is a member of the
Inspectorate,

to the appropriate authority for the school.”

Education Bill [HL]
Schedule 6 — Inspections of denominational education in Wales
83

(c)
for sub-paragraph (3) substitute—
    “(3)
The following provisions of the Education Act 2005 shall
apply (with the necessary modifications) in relation to a
report to which this paragraph applies—
(a)
in the case of a school in England—
5
(i)
section 14(2) (additional copies),
(ii)
section 14(4) (publication by appropriate
authority), and
(iii)
where the local education authority
receives a copy of a report about a school
10
the governing body of which have a
delegated budget, section 15(2) and (3)
(measures by local education authority),
and
(b)
in the case of a school in Wales—
15
(i)
section 38(2) (additional copies),
(ii)
section 38(4) (publication by appropriate
authority),
(iii)
section 39 (action plan by appropriate
authority),
20
(iv)
where the local education authority
receives a copy of a report about a school
the governing body of which have a
delegated budget, section 40(2) and (3)
(measures by local education authority).”
25
     (15)
Omit paragraph 14.
Schedule 6
Section 50

Inspections of denominational education in Wales
Interpretation
1
In this Schedule—
30
“inspection” means an inspection of a school under section 50;
“inspector” means the person conducting the inspection.
Inspectors’ reports
2     (1)
An inspection must be carried out within such period as may be prescribed.
      (2)
When an inspection has been completed, the inspector must, before the end
35
of the period prescribed for the purposes of this sub-paragraph, prepare in
writing a report of the inspection and a summary of the report.
      (3)
The inspector must, without delay, send the report and summary to the
governing body for the school concerned.
      (4)
The governing body must—
40