Education Bill [HL]

House of Commons

Session 2004 - 05
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Other Bills before Parliament

Education Bill [HL]

Education Bill [HL]
Schedule 6 — Inspections of denominational education in Wales
84

(a)
make any such report and its accompanying summary available for
inspection by members of the public, at such times and at such a
place as may be reasonable,
(b)
provide a copy of the report and summary, free of charge or in
prescribed cases on payment of such fee as they think fit (not
5
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
parent of a registered pupil at the school—
(i)
for whom the school provides denominational education, or
(ii)
who takes part in an act of collective worship the content of
10
which falls to be inspected under section 50,

as the case may be, receives a copy of the summary as soon as is
reasonably practicable.
Action plans
3     (1)
The governing body to whom an inspector has reported under this Schedule
15
must, before the end of the prescribed period, prepare a written statement
(“the action plan”) of the action which they propose to take in the light of his
report and the period within which they propose to take it.
      (2)
Where an action plan has been prepared by a governing body, they must,
before the end of the prescribed period, send copies of it to the person who
20
appoints the school’s foundation governors, to the local education authority
and to such other persons (if any), in such circumstances, as may be
prescribed.
      (3)
The governing body must—
(a)
make any action plan prepared by them available for inspection by
25
members of the public, at such times and at such a place as may be
reasonable,
(b)
provide a copy of the plan, 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
30
(c)
take such steps as are reasonably practicable to secure that every
parent of a registered pupil at the school—
(i)
for whom the school provides denominational education, or
(ii)
who takes part in acts of collective worship the content of
which falls to be inspected under section 50,
35

as the case may be, receives a copy of the plan as soon as is
reasonably practicable.
      (4)
Where the governing body of a school have prepared an action plan, they
must include in their governors’ report under section 30 of the Education
Act 2002 (c. 32) a statement of the extent to which the proposals set out in the
40
plan have been carried into effect.
      (5)
Sub-paragraph (4) applies only in relation to the most recent action plan for
the school in question.

Education Bill [HL]
Schedule 7 — Inspection of child minding, day care and nursery education
Part 1 — Child minding and day care: amendments of Children Act 1989
85

Schedule 7
Section 53

Inspection of child minding, day care and nursery education
Part 1
Child minding and day care: amendments of Children Act 1989
1     (1)
Section 79N of the Children Act 1989 (c. 41) (general functions of the Chief
5
Inspector) is amended as follows.
      (2)
For subsection (1) substitute—
“(1)
The Chief Inspector has the general duty of keeping the Secretary of
State informed about—
(a)
the quality and standards of child minding and day care
10
provided in England,
(b)
how far child minding and day care provided in England
meet the needs of the range of children for whom they are
provided,
(c)
the contribution made by child minding and day care
15
provided in England to the well-being of the children for
whom they are provided, and
(d)
the quality of leadership and management in connection with
the provision of day care in England.
(1A)
In subsection (1)(c), the reference to well-being is a reference to well-
20
being having regard to the matters mentioned in section 10(2) of the
Children Act 2004.”
      (3)
In subsection (6)—
(a)
for “subsection (7)(a) of section 2 of the School Inspections Act 1996”
substitute “section 3(a) of the Education Act 2005”, and
25
(b)
for “subsection (7)(b) of that section” substitute “section 3(b) of that
Act”.
2
Omit section 79P of the Children Act 1989 (early years child care
inspectorate for England).
3     (1)
Section 79Q of the Children Act 1989 (inspection of provision of child
30
minding and day care in England) is amended as follows.
      (2)
In subsection (1), for “provision” substitute “provider”.
      (3)
In subsection (2), omit “or secure the inspection by a registered inspector of”.
      (4)
In subsection (3), omit “or secure the inspection by a registered inspector of”.
      (5)
Omit subsection (4).
35
      (6)
After subsection (5) insert—
“(5A)
Regulations may make provision requiring a registered person,
except in prescribed cases, to notify prescribed persons of the fact
that any child minding or day care provided by the registered person
is to be inspected under this section.”
40

Education Bill [HL]
Schedule 7 — Inspection of child minding, day care and nursery education
Part 1 — Child minding and day care: amendments of Children Act 1989
86

      (7)
For subsection (6) substitute—
“(6)
When conducting an inspection under this section the Chief
Inspector shall report in writing on—
(a)
the quality and standards of the child minding or day care
provided,
5
(b)
how far the child minding or day care meets needs of the
range of children for whom it is provided,
(c)
the contribution made by the child minding or day care to the
well-being of the children for whom it is provided, and
(d)
in the case of day care, the quality of leadership and
10
management in connection with its provision.
(6A)
In subsection (6)(c), the reference to well-being is a reference to well-
being having regard to the matters mentioned in section 10(2) of the
Children Act 2004.”
      (8)
Omit subsection (7).
15
4     (1)
Section 79R of the Children Act 1989 (c. 41) (reports of inspections) is
amended as follows.
      (2)
Omit subsections (1) and (2).
      (3)
For subsection (3) substitute—
“(3)
Where the Chief Inspector reports on an inspection under section
20
79Q he—
(a)
may send a copy of the report to the Secretary of State, and
shall do so without delay if the Secretary of State requests a
copy;
(b)
shall ensure that a copy of the report is sent to the registered
25
person providing the child minding or day care that was
inspected;
(c)
shall ensure that copies of the report, or such parts of it as he
considers appropriate, are sent to such other authorities or
persons as may be prescribed; and
30
(d)
may arrange for the report (or parts of it) to be further
published in any manner he considers appropriate.”
      (4)
After subsection (3) insert—
“(3A)
Regulations may make provision—
(a)
requiring a registered person to make a copy of any report
35
sent to him under subsection (3)(b) available for inspection
by prescribed persons,
(b)
requiring a registered person, except in prescribed cases, to
provide a copy of the report to prescribed persons, and
(c)
authorising a registered person in prescribed cases to charge
40
a fee for providing a copy of the report.”
      (5)
For subsection (4) substitute—
“(4)
Subsections (2) to (4) of section 11 of the Education Act 2005
(publication of inspection reports) shall apply in relation to the
publication of a report under subsection (3) as they apply in relation
45

Education Bill [HL]
Schedule 7 — Inspection of child minding, day care and nursery education
Part 2 — Nursery education: amendments of School Standards and Framework Act 1998
87

to the publication of a report under any of the provisions mentioned
in subsection (2) of section 11.”
5     (1)
Section 79T of the Children Act 1989 (c. 41) (inspection: Wales) is amended
as follows.
      (2)
In subsection (2)(a), omit “the quality and standards of”.
5
      (3)
In subsection (4) for “section 42A of the School Inspections Act 1996”
substitute “section 29 of the Education Act 2005”.
6
In section 79U of the Children Act 1989 (rights of entry etc.) in subsection (4),
for “Section 42 of the School Inspections Act 1996” substitute “Section 58 of
the Education Act 2005”.
10
Part 2
Nursery education: amendments of School Standards and Framework Act
1998
7     (1)
Section 122 of the School Standards and Framework Act 1998 (c. 31)
(inspection of nursery education) is amended as follows.
15
      (2)
In subsection (3), for “the Chief Inspector” substitute “the Chief Inspector for
Wales”.
      (3)
In subsection (4), for ““the Chief Inspector” means Her Majesty’s Chief
Inspector of Schools in England or” substitute ““the Chief Inspector for
Wales” means”.
20
8
Schedule 26 to the School Standards and Framework Act 1998 (inspection of
nursery education) is amended as follows.
9     (1)
Paragraph 1 is amended as follows.
      (2)
In sub-paragraph (1)—
(a)
before paragraph (a) insert—
25
“(za)
nursery education provided in a maintained school
or a maintained nursery school;”
(b)
in paragraph (a), after “nursery education” insert “not falling within
paragraph (za)”;
(c)
for paragraph (b) substitute—
30
“(b)
nursery education which is provided by any other
person under arrangements made with that person
by a local education authority in pursuance of the
duty imposed on the authority by section 118 and
in consideration of financial assistance provided by
35
the authority under the arrangements.”
      (3)
In sub-paragraph (2), for the words from “to whom” onwards substitute
“with whom a local education authority are considering making
arrangements in pursuance of the duty imposed on the authority by section
118 for the provision of nursery education in consideration of financial
40
assistance provided by the authority under the arrangements”.
      (4)
For sub-paragraph (3) substitute—
    “(3)
Where—

Education Bill [HL]
Schedule 7 — Inspection of child minding, day care and nursery education
Part 2 — Nursery education: amendments of School Standards and Framework Act 1998
88

(a)
any education is for the time being provided at any
premises for children who have not attained the age
prescribed for the purposes of section 118(1)(b) (“the
prescribed age”), and
(b)
that education is provided by a person—
5
(i)
who proposes to provide nursery education at
those premises for children who have attained the
prescribed age, and
(ii)
with whom a local education authority are
considering making arrangements of the kind
10
mentioned in sub-paragraph (2),

the education is to be treated for the purposes of this Schedule as
nursery education under consideration for funding even though it
is provided for children who have not attained the prescribed
age.”
15
10    (1)
Paragraph 2 is amended as follows.
      (2)
For sub-paragraph (1) substitute—
    “(1)
In this Schedule—
(a)
“the Chief Inspector for England” means Her Majesty’s
Chief Inspector of Schools in England,
20
(b)
“the Chief Inspector for Wales” means Her Majesty’s Chief
Inspector of Education and Training in Wales, and
(c)
“the Chief Inspector” (without more) means—
(i)
as respects nursery education provided in
England, the Chief Inspector for England, and
25
(ii)
as respects nursery education provided in Wales,
the Chief Inspector for Wales.”
      (3)
In sub-paragraph (2), after “registered” insert “Welsh”.
      (4)
For sub-paragraph (3) substitute—
    “(3)
In this Schedule “members of the Welsh Inspectorate” means—
30
(a)
the Chief Inspector for Wales,
(b)
Her Majesty’s Inspectors of Education and Training in
Wales, and
(c)
additional inspectors with whom the Chief Inspector for
Wales has made arrangements to give him assistance
35
under paragraph 2 of Schedule 2 to the Education Act
2005.”
      (5)
Omit sub-paragraph (4).
      (6)
At the end insert—
    “(5)
In this Schedule “well-being”—
40
(a)
in relation to children for whom nursery education is
provided in England, is a reference to their well-being
having regard to the matters mentioned in section 10(2) of
the Children Act 2004, and
(b)
in relation to children for whom such education is
45
provided in Wales, is a reference to their well-being having

Education Bill [HL]
Schedule 7 — Inspection of child minding, day care and nursery education
Part 2 — Nursery education: amendments of School Standards and Framework Act 1998
89

regard to the matters mentioned in section 25(2) of that
Act.”
11
In paragraph 3, before the “and” immediately following paragraph (a)
insert—
“(aa)
how far relevant nursery education meets the
5
needs of the range of children for whom it is
provided,
(ab)
the quality of leadership and management in
connection with the provision of relevant
nursery education,
10
(ac)
the contribution of relevant nursery education
to the well-being of the children for whom it is
provided,”.
12
For paragraphs 6 and 7 substitute—
“Inspections in England
15
6A    (1)
The Chief Inspector for England—
(a)
shall at such intervals as may be prescribed inspect
relevant nursery education provided in England,
(b)
shall inspect relevant nursery education, or nursery
education under consideration for funding, provided in
20
England, at any time when the Secretary of State requires
the Chief Inspector for England to secure its inspection,
and
(c)
may inspect relevant nursery education, or nursery
education under consideration for funding, provided in
25
England, at any other time when the Chief Inspector for
England considers that it would be appropriate for it to be
inspected.
      (2)
Sub-paragraph (1)(a) does not apply to nursery education
provided at a school to which section 5 of the Education Act 2005
30
(inspections of certain schools) applies.
      (3)
A requirement such as is mentioned in sub-paragraph (1)(b) may
be imposed in relation to nursery education provided at particular
premises or a class of premises.
      (4)
Regulations may make provision requiring the responsible person
35
to notify prescribed persons of the fact that relevant nursery
education or nursery education under consideration for funding
provided by the responsible person is to be inspected under this
paragraph.
      (5)
In sub-paragraph (4) “the responsible person”, in relation to any
40
relevant nursery education or nursery education under
consideration for funding, means such person as may be
prescribed.
Inspections in Wales
6B    (1)
The Chief Inspector for Wales—
45

Education Bill [HL]
Schedule 7 — Inspection of child minding, day care and nursery education
Part 2 — Nursery education: amendments of School Standards and Framework Act 1998
90

(a)
shall secure that relevant nursery education provided in
Wales is inspected by a member of the Welsh Inspectorate
or a registered Welsh nursery education inspector at such
intervals as may be prescribed,
(b)
shall secure that relevant nursery education, or nursery
5
education under consideration for funding, provided in
Wales is inspected by a member of the Welsh Inspectorate
or a registered Welsh nursery education inspector at any
time when the National Assembly for Wales requires the
Chief Inspector for Wales to secure its inspection, and
10
(c)
may secure that any relevant nursery education, or
nursery education under consideration for funding,
provided in Wales is inspected by a member of the Welsh
Inspectorate or a registered Welsh nursery education
inspector at any other time when the Chief Inspector for
15
Wales considers that it would be appropriate for it to be
inspected.
      (2)
Sub-paragraph (1)(a) does not apply to nursery education
provided at a school to which section 28 of the Education Act 2005
(duty to arrange regular inspections of certain schools) applies.
20
      (3)
The Chief Inspector for Wales may comply with sub-paragraph (1)
either by organising inspections or by making arrangements with
others for them to organise inspections.
      (4)
A requirement such as is mentioned in sub-paragraph (1)(b) may
relate to nursery education provided at particular premises or a
25
class of premises.
Reports of inspections under paragraph 6A or 6B
7
A person conducting an inspection under paragraph 6A or 6B
shall report on—
(a)
the quality and standards of the nursery education
30
provided,
(b)
how far that nursery education meets the needs of the
range of children for whom the education is provided,
(c)
the quality of leadership and management in connection
with the provision of the nursery education,
35
(d)
the contribution made by that nursery education to the
well-being of those children, and
(e)
so far as it is reasonably practicable to do so, the spiritual,
moral, social and cultural development of the children for
whom the nursery education is provided.”
40
13
At the end of the heading before paragraph 8 insert “for Wales”.
14    (1)
Paragraph 8 is amended as follows.
      (2)
In sub-paragraph (1), omit the words from the beginning to “England and”.
      (3)
After “Chief Inspector” wherever occurring in sub-paragraphs (2) to (8)
insert “for Wales”.
45
      (4)
In sub-paragraph (2)—