Education and Inspections Bill

House of Commons

Session 2005 - 06
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Education and Inspections Bill

Education and Inspections Bill
Part 8 — Inspections
Chapter 6 — Further provisions relating to functions of Chief Inspector
98

subsection (1)) the registration authority under Part 2 of the Care Standards
Act 2000.
(3)
The functions of the CSCI under sections 65 and 87 to 87D of the Children Act
1989 (c. 41) (functions relating to children’s homes, boarding schools and
colleges) are transferred to the Chief Inspector.
5
(4)
In this section “the CSCI” means the Commission for Social Care Inspection.
140
Interaction with other authorities
Schedule 13 contains provisions authorising or requiring the Chief Inspector to
take certain action in relation to other authorities, including the carrying out of
inspections under arrangements with them.
10
General provisions
141
Evidence of authority
(1)
This section applies to any person exercising (in accordance with paragraph 9
of Schedule 12)—
(a)
any power of entry conferred on the Chief Inspector by virtue of any
15
enactment,
(b)
any power to inspect documents so conferred, or
(c)
any power so conferred in connection with the inspection of
documents.
(2)
Any such person must, if so required, produce a duly authenticated document
20
showing his authority to exercise the power concerned.
(3)
Nothing in this section applies in relation to any exercise of the power
conferred by section 132(1).
142
Publication of inspection reports
(1)
For the purposes of the law of defamation, a report made by the Chief Inspector
25
which—
(a)
is published under any enactment, or
(b)
is not so published but is made in pursuance of his functions under any
enactment,

is privileged unless its publication is shown to have been made with malice.
30
(2)
Where by virtue of any enactment the Chief Inspector has power to arrange for
a report made by him to be published in a manner determined by him, he may
(if he considers it appropriate to do so) arrange for the report to be published
by electronic means only.
(3)
Nothing in this section—
35
(a)
limits any privilege subsisting apart from subsection (1), or
(b)
prejudices the generality of any power of the Chief Inspector subsisting
apart from subsection (2).
143
Combined reports
(1)
Nothing in any enactment prevents the Chief Inspector from—
40

Education and Inspections Bill
Part 8 — Inspections
Chapter 7 — Miscellaneous and supplementary
99

(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
more reports which are required to be made by one or more other
persons under any enactment or enactments,
5

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”.
(3)
Where a combined report is made, any reference in any enactment—
(a)
to the publication of a report, or
10
(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
of the combined report.
(4)
The Chief Inspector may arrange for a combined report to be published in any
15
manner he considers appropriate, but this subsection does not limit any duty
as to publication imposed by any enactment.
(5)
The provisions of section 142 apply to a combined report (whether or not they
would otherwise so apply).
144
Use of information
20
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
Miscellaneous and supplementary
Miscellaneous
25
145
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 any of their relevant functions specified in the regulations.
(2)
The regulations must specify—
30
(a)
the amount of the fee, and
(b)
the time at which it is to be paid.
(3)
The Chief Inspector may make a scheme under subsection (4) that is to have
effect at a time when no regulations are in force under subsection (1).
(4)
A scheme under this subsection (“a scheme”) may provide for a local authority
35
in England to be required to pay to the Chief Inspector an annual fee in respect
of the discharge by the authority of any of their relevant functions specified in
the scheme.
(5)
The amount of the fee payable by virtue of a scheme is to be such as may be
specified in, or calculated or determined under, the scheme.
40

Education and Inspections Bill
Part 8 — Inspections
Chapter 7 — Miscellaneous and supplementary
100

(6)
A scheme may include provision—
(a)
for different fees to be paid in different cases or classes of case;
(b)
for the amount of a fee to be determined by the Chief Inspector in
accordance with specified factors;
(c)
for the time by which a fee must be paid;
5
(d)
for varying or revoking a previous scheme.
(7)
Before making a scheme the Chief Inspector must consult such persons as he
considers appropriate.
(8)
The Chief Inspector must arrange for a scheme to be published in such manner
as he considers appropriate.
10
(9)
A local authority in England must provide the Chief Inspector with such
information as he requires for the purpose of determining the amount of a fee
payable by the authority by virtue of a scheme.
(10)
A fee payable by virtue of this section may be recovered summarily as a civil
debt.
15
(11)
But subsection (10) is not to be read as prejudicing any other method of
recovery.
(12)
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).
146
Removal of HMICA’s duty to inspect performance of Assembly’s functions
20
relating to family proceedings
Section 38 of the Children Act 2004 (c. 31) (under which Her Majesty’s
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.
25
Supplementary
147
Minor and consequential amendments
Schedule 14 contains minor and consequential amendments relating to the
provision made by this Part.
148
Transitional provisions and savings
30
Schedule 15 contains—
(a)
provision for the transfer of staff, property, rights and liabilities in
connection with the establishment of the Office, and
(b)
other transitional provisions and savings.
149
Interpretation of Part
35
(1)
In this Part—
“activities within the Chief Inspector’s remit” and related expressions are
to be construed in accordance with section 108(6);
“the Chief Inspector” means Her Majesty’s Chief Inspector of Education,
Children’s Services and Skills;
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Education and Inspections Bill
Part 9 — Miscellaneous
101

“the Council” means the Learning and Skills Council for England;
“document” means anything in which information of any description is
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
5
a private dwelling;
“functions” includes powers and duties;
an “HMI” means one of Her Majesty’s Inspectors of Education, Children’s
Services and Skills;
“local authority in England” means—
10
(a)
a county council in England;
(b)
a metropolitan district council;
(c)
a non-metropolitan district council for an area for which there is
no county council;
(d)
a London borough council;
15
(e)
the Common Council of the City of London (in their capacity as
a local authority);
(f)
the Council of the Isles of Scilly;
“the Office” means the Office for Standards in Education, Children’s
Services and Skills;
20
“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”
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.
25
Part 9
Miscellaneous
Investigation of complaints by Chief Inspector
150
Power of Chief Inspector to investigate complaints by parents about schools
After section 11 of EA 2005 insert—
30
“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
it is appropriate to do so—
(a)
for the purpose of determining whether it is or may be
35
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
(b)
in particular, for the purpose of determining, in the light of the
complaint—
40
(i)
when to carry out an inspection under section 5 (insofar
as the timing of such an inspection is within his
discretion), and

Education and Inspections Bill
Part 9 — Miscellaneous
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(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—
5
(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
10
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
15
relation to a person making a complaint.
(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
20
Inspector by a person who is a registered parent of a registered pupil at
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—
25
(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
relevant to the investigation.
(3)
If the complaint relates to a maintained school and the Chief Inspector
30
so requests for the purposes of an investigation of the complaint, the
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
35
(b)
such other information held by them as they consider may be
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
40
relates—
(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
45
a delegated budget, the local education authority who
maintain the school, and

Education and Inspections Bill
Part 9 — Miscellaneous
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(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
education authority must if so requested by the Chief Inspector—
5
(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—
(i)
the registered parents of registered pupils at the school,
10
and
(ii)
if the school is a maintained school which has a
delegated budget, the local education authority who
maintain the school,

such notice as the Chief Inspector may specify of the date, time
15
and place of the meeting and of its purpose.
(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
20
(b)
if the school is a maintained school, a representative of the local
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;
25
“maintain”, in relation to school, has the same meaning as in the
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;
30
“qualifying complaint” is to be read in accordance with section
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
35
qualifying complaint to which section 11B applies the Chief Inspector—
(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
40
parents of registered pupils at the school to which the complaint
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
45
send a copy of the report to—
(a)
the governing body of the school (unless the school falls within
paragraph (b)), or

Education and Inspections Bill
Part 9 — Miscellaneous
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(b)
if the school is a maintained school which does not have a
delegated budget, the local education authority who maintain
the school.
(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
5
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
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
10
subsection (2) of section 11.
(6)
In this section, “governing body” and “qualifying complaint” have the
same meaning as in section 11B.”
Powers to facilitate innovation
151
Powers to facilitate innovation
15
In Schedule 16—
(a)
Part 1 contains amendments of Chapter 1 of Part 1 of EA 2002 (powers
to facilitate innovation), including amendments removing the
restriction on the duration of the powers conferred by that Chapter; and
(b)
Part 2 contains a consequential amendment.
20
References to "local education authority" or "children’s services authority"
152
Power to repeal references to “local education authority” and “children’s
services authority” etc
(1)
Subject to subsection (5), the Secretary of State may by order—
(a)
make such provision as appears to him to be appropriate for the
25
purpose of—
(i)
repealing any reference in any statutory provision to a local
education authority (however expressed) in so far as it relates to
such an authority in England or such an authority in Wales, or
to both, and
30
(ii)
replacing it, where it appears to him to be appropriate, with a
reference (however expressed) to, as the case may be, an English
local authority or a Welsh local authority, or to both;
(b)
make such provision as appears to him to be appropriate for the
purpose of—
35
(i)
repealing any reference in any statutory provision to a
children’s services authority (however expressed) in so far as it
relates to a children’s services authority in England or a
children’s services authority in Wales, or to both, and
(ii)
replacing it, where it appears to him to be appropriate, with a
40
reference (however expressed) to, as the case may be, an English
local authority or a Welsh local authority, or to both;