Education and Inspections Bill

House of Commons

Session 2005 - 06
Internet Publications
Other Bills before Parliament

Education and Inspections Bill

Education and Inspections Bill
Part 8 — Inspections
Chapter 7 — Miscellaneous and supplementary
94

138
Combined reports
(1)
Nothing in any enactment prevents the Chief Inspector from—
(a)
combining in a single document two or more reports which are
required to be made by him under any enactment or enactments, or
(b)
combining in a single document one or more such reports and one or
5
more reports which are required to be made by one or more other
persons under any enactment or enactments,

and (in either case) combining the substantive reports to such extent as he
considers appropriate.
(2)
In this section such a document is referred to as a “combined report”.
10
(3)
Where a combined report is made, any reference in any enactment—
(a)
to the publication of a report, or
(b)
to the giving or making available to any person of a copy of a report,

is to be read, so far as necessary, as a reference to the publication of the
combined report, or to the giving or making available to that person of a copy
15
of the combined report.
(4)
The Chief Inspector may arrange for a combined report to be published in any
manner he considers appropriate, but this subsection does not limit any duty
as to publication imposed by any enactment.
(5)
The provisions of section 137 apply to a combined report (whether or not they
20
would otherwise so apply).
139
Use of information
Information obtained by the Chief Inspector in connection with any of his
functions may be used by him in connection with any of his other functions.
Chapter 7
25
Miscellaneous and supplementary
Miscellaneous
140
Payment of annual fee to the Chief Inspector by local authorities
(1)
Regulations made by the Secretary of State may require a local authority in England to
pay to the Chief Inspector an annual fee in respect of the discharge by the authority of
30
any of their relevant functions specified in the regulations.
(2)
The regulations must specify—
(a)
the amount of the fee, and
(b)
the time at which it is to be paid.
(3)
A fee payable by virtue of this section may be recovered summarily as a civil
35
debt.
(4)
But subsection (3) is not to be read as prejudicing any other method of
recovery.

Education and Inspections Bill
Part 8 — Inspections
Chapter 7 — Miscellaneous and supplementary
95

(5)
In this section “relevant functions”, in relation to a local authority, has the same
meaning as in Part 3 of the Care Standards Act 2000 (c. 14).
141
Removal of HMICA’s duty to inspect performance of Assembly’s functions
relating to family proceedings
Section 38 of the Children Act 2004 (c. 31) (under which Her Majesty’s
5
Inspectorate of Court Administration must, at the request of the Assembly,
inspect and report on the performance of the Assembly’s functions under Part
4 of that Act) ceases to have effect.
Supplementary
142
Minor and consequential amendments
10
Schedule 14 contains minor and consequential amendments relating to the
provision made by this Part.
143
Transitional provisions and savings
Schedule 15 contains—
(a)
provision for the transfer of staff, property, rights and liabilities in
15
connection with the establishment of the Office, and
(b)
other transitional provisions and savings.
144
Interpretation of Part
(1)
In this Part—
“activities within the Chief Inspector’s remit” and related expressions are
20
to be construed in accordance with section 103(6);
“the Chief Inspector” means Her Majesty’s Chief Inspector of Education,
Children’s Services and Skills;
“the Council” means the Learning and Skills Council for England;
“document” means anything in which information of any description is
25
recorded, including personal records as defined by section 12 of the
Police and Criminal Evidence Act 1984 (c. 60);
“domestic premises” means premises which are used wholly or mainly as
a private dwelling;
“functions” includes powers and duties;
30
an “HMI” means one of Her Majesty’s Inspectors of Education, Children’s
Services and Skills;
“local authority in England” means—
(a)
a county council in England;
(b)
a metropolitan district council;
35
(c)
a non-metropolitan district council for an area for which there is
no county council;
(d)
a London borough council;
(e)
the Common Council of the City of London (in their capacity as
a local authority);
40
(f)
the Council of the Isles of Scilly;

Education and Inspections Bill
Part 9 — Miscellaneous
96

“the Office” means the Office for Standards in Education, Children’s
Services and Skills;
“the registration authority” means the person exercising functions
relating to registration.
(2)
In this Part any reference to the carrying on of activities as “user-focused”
5
activities is a reference to the carrying on of the activities in a way that focuses
on the needs of those for whose benefit the activities are carried on.
Part 9
Miscellaneous
Investigation of complaints by Chief Inspector
10
145
Power of Chief Inspector to investigate complaints by parents about schools
After section 11 of EA 2005 insert—
“Investigation of complaints
11A
Power of Chief Inspector to investigate complaints about schools
(1)
The Chief Inspector may investigate a qualifying complaint if he thinks
15
it is appropriate to do so—
(a)
for the purpose of determining whether it is or may be
appropriate to have regard to the matters raised by the
complaint in carrying out any of his functions in relation to
schools in England, and
20
(b)
in particular, for the purpose of determining, in the light of the
complaint—
(i)
when to carry out an inspection under section 5 (insofar
as the timing of such an inspection is within his
discretion), and
25
(ii)
whether it would be appropriate to carry out an
inspection under section 8.
(2)
A complaint is a qualifying complaint if—
(a)
it is about a matter relating to a relevant school and that
matter—
30
(i)
falls within a prescribed description, and
(ii)
does not fall within any prescribed exception,
(b)
it is made in writing to the Chief Inspector, and
(c)
it is made by a person who satisfies prescribed conditions.
(3)
The conditions prescribed for the purposes of subsection (2)(c) may, in
35
particular, require that the person has, before making the complaint to
the Chief Inspector, taken advantage of other procedures of a
prescribed description for dealing with the complaint.
(4)
Regulations under subsection (3) may make provision for the Chief
Inspector to determine that a prescribed condition is not to apply in
40
relation to a person making a complaint.

Education and Inspections Bill
Part 9 — Miscellaneous
97

(5)
In this section, “relevant school” means any of the schools mentioned in
paragraphs (a) to (g) of section 5(2).
11B
Investigations under section 11A
(1)
This section applies where a qualifying complaint is made to the Chief
Inspector by a person who is a registered parent of a registered pupil at
5
the school to which the complaint relates.
(2)
If the Chief Inspector so requests for the purposes of an investigation of
the complaint, the governing body of the school to which the complaint
relates must provide him with—
(a)
such information held by them as may be specified or described
10
in the Chief Inspector’s request, and
(b)
such other information held by them as they consider may be
relevant to the investigation.
(3)
If the complaint relates to a maintained school and the Chief Inspector
so requests for the purposes of an investigation of the complaint, the
15
local education authority who maintain the school must provide him
with—
(a)
such information held by them as may be specified or described
in the Chief Inspector’s request, and
(b)
such other information held by them as they consider may be
20
relevant to the investigation.
(4)
If, for the purposes of an investigation of the complaint, it appears to
the Chief Inspector to be appropriate to hold a meeting for registered
parents of registered pupils at the school to which the complaint
relates—
25
(a)
he must give notice to that effect to—
(i)
the governing body of the school (unless the school falls
within sub-paragraph (ii)), or
(ii)
if the school is a maintained school which does not have
a delegated budget, the local education authority who
30
maintain the school, and
(b)
on being so notified, the governing body or (as the case may be)
the local education authority must co-operate with the Chief
Inspector in the making of arrangements for the meeting.
(5)
In particular, the governing body or (as the case may be) the local
35
education authority must if so requested by the Chief Inspector—
(a)
allow the meeting to be held on the premises of the school,
(b)
fix a date for the meeting which is consistent with any request
made by the Chief Inspector for that purpose, and
(c)
take such steps as are specified by the Chief Inspector to give—
40
(i)
the registered parents of registered pupils at the school,
and
(ii)
if the school is a maintained school which has a
delegated budget, the local education authority who
maintain the school,
45

such notice as the Chief Inspector may specify of the date, time
and place of the meeting and of its purpose.

Education and Inspections Bill
Part 9 — Miscellaneous
98

(6)
The following persons (in addition to the registered parents of
registered pupils at the school) may attend a meeting held in pursuance
of subsection (5)—
(a)
a representative of the governing body of the school, and
(b)
if the school is a maintained school, a representative of the local
5
education authority who maintain the school.
(7)
In this section—
“governing body”, in relation to a relevant school which is not a
maintained school, means the proprietor of the school;
“maintain”, in relation to school, has the same meaning as in the
10
School Standards and Framework Act 1998;
“maintained school” means a community, foundation or
voluntary school, a community or foundation special school or
a maintained nursery school;
“qualifying complaint” is to be read in accordance with section
15
11A(2);
“relevant school” has the meaning given by section 11A(5).
11C
Reports of investigations
(1)
This section applies where, for the purposes of an investigation of a
qualifying complaint to which section 11B applies the Chief Inspector—
20
(a)
requests information as mentioned in subsection (2) or (3) of
that section, or
(b)
gives notice in pursuance of subsection (4)(a) of that section that
he considers it appropriate to hold a meeting for registered
parents of registered pupils at the school to which the complaint
25
relates.
(2)
The Chief Inspector may, if he considers it appropriate to do so, prepare
a report of the outcome of the investigation by him of the complaint.
(3)
If the Chief Inspector prepares a report under subsection (2) he must
send a copy of the report to—
30
(a)
the governing body of the school (unless the school falls within
paragraph (b)), or
(b)
if the school is a maintained school which does not have a
delegated budget, the local education authority who maintain
the school.
35
(4)
The body to whom a report is sent under subsection (3) must, if so
requested by the Chief Inspector, provide a copy of the report to the
registered parents of registered pupils at the school to which the
complaint relates.
(5)
Subsections (3) and (4) of section 11 apply in relation to the publication
40
of a report under subsection (3) or (4) as they apply in relation to the
publication of a report under any of the provisions mentioned in
subsection (2) of section 11.
(6)
In this section, “governing body” and “qualifying complaint” have the
same meaning as in section 11B.”
45