Education and Skills Bill

House of Commons

Session 2007 - 08
Internet Publications
Other Bills before Parliament

Education and Skills Bill

Education and Skills Bill
Part 4 — Regulation and inspection of independent educational provision in England
Chapter 1 — Independent educational institutions in England
58

(6)
Where an action plan is submitted in pursuance of a requirement imposed
under this section (whether or not by the date specified in the notice), the Chief
Inspector may—
(a)
approve it, with or without modifications, or
(b)
reject it.
5
(7)
Where the Chief Inspector rejects an action plan, the Chief Inspector may
impose a further requirement under this section to submit an action plan.
(8)
An action plan that has been approved may be varied at any time by the
proprietor of the institution in question with the agreement of the Chief
Inspector.
10
101
Power of Chief Inspector to take enforcement action
(1)
This section applies to a registered independent educational institution if the
Chief Inspector is satisfied, taking into account relevant evidence, that one or
more of the independent educational institution standards is or are not being
met in relation to the institution.
15
(2)
In subsection (1) “relevant evidence” means—
(a)
the findings on an inspection carried out by the Chief Inspector,
(b)
the report of an inspection carried out by an independent inspectorate,
or
(c)
any other evidence in respect of the institution.
20
(3)
The Chief Inspector may take enforcement action under section 102 against the
proprietor of a registered independent educational institution to which this
section applies if either of the following conditions is met.
(4)
The first condition is that—
(a)
the Chief Inspector has, during the period of three years before the
25
enforcement action is taken, required the proprietor of the institution to
submit one or more action plans under section 100, and
(b)
any action plan required as mentioned in paragraph (a)—
(i)
has not been submitted, and the date specified by the Chief
Inspector under section 100(5)(b) has passed,
30
(ii)
was submitted but was rejected, or
(iii)
was approved but was subsequently not complied with.
(5)
The second condition is that—
(a)
at least two years before the enforcement action is taken the Chief
Inspector required the proprietor of the institution to submit an action
35
plan,
(b)
at least one inspection of the institution has been carried out, by the
Chief Inspector or an independent inspectorate approved under section
91 in relation to the institution, since that requirement was imposed,
and
40
(c)
the Chief Inspector has not at any time since that requirement was
imposed been satisfied that the institution was meeting all of the
independent educational institution standards.

Education and Skills Bill
Part 4 — Regulation and inspection of independent educational provision in England
Chapter 1 — Independent educational institutions in England
59

102
Enforcement action available to Chief Inspector
(1)
Where the Chief Inspector is entitled under section 101(3) to take enforcement
action against the proprietor of an institution, the Chief Inspector may—
(a)
impose a relevant restriction on the proprietor, or
(b)
remove the institution from the register.
5
(2)
The Chief Inspector must notify the proprietor of the institution in question of
any decision to take enforcement action under subsection (1).
(3)
A decision to take enforcement action under subsection (1) does not have effect
during the period in which—
(a)
an appeal may be brought under section 110 or 111 against the decision,
10
or
(b)
where such an appeal has been brought, the appeal has not been
determined, withdrawn or otherwise disposed of.
103
“Relevant restriction”
(1)
In this Chapter a “relevant restriction” imposed on the proprietor of a
15
registered independent educational institution is a requirement that the
proprietor take one or more of the following steps by a specified time or by
specified times—
(a)
to cease to use any part of the institution’s premises for all purposes or
specified purposes;
20
(b)
to close any part of the institution’s operation;
(c)
to cease to admit any new students or new students of specified
descriptions.
(2)
In subsection (1) “specified” means—
(a)
in the case of a relevant restriction imposed by the Chief Inspector
25
under section 102(1)(a), specified by the Chief Inspector;
(b)
in the case of a relevant restriction imposed by an order of a justice of
the peace under section 106, specified in the order;
(c)
in the case of a relevant restriction imposed by an order of the Tribunal
under section 110, 111 or 112, specified in the order.
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104
Relevant restriction imposed by Chief Inspector: supplementary
(1)
This section applies where the proprietor of an institution is subject to a
relevant restriction imposed by the Chief Inspector under section 102(1)(a).
(2)
If the proprietor fails to comply with the relevant restriction the proprietor is
guilty of an offence and liable on summary conviction to imprisonment for a
35
term not exceeding 51 weeks or to a fine not exceeding level 5 on the standard
scale (or to both).
(3)
In relation to an offence committed before the commencement of section 281(5)
of the Criminal Justice Act 2003, for “51 weeks” in subsection (2) substitute “six
months”.
40
(4)
The proprietor may apply to the Chief Inspector for the restriction to be varied
or revoked.
(5)
On an application under subsection (4) the Chief inspector must—

Education and Skills Bill
Part 4 — Regulation and inspection of independent educational provision in England
Chapter 1 — Independent educational institutions in England
60

(a)
vary or revoke the restriction as requested in the application, if the
Chief Inspector is satisfied that it is appropriate to do so because of any
change of circumstance, and
(b)
in any other case, refuse to do so.
(6)
The Chief Inspector must notify the proprietor of the decision made under
5
subsection (5).
(7)
A decision to vary or revoke the restriction has effect as from the date on which
the proprietor receives notice of it.
Unsuitable persons
105
Unsuitable persons
10
(1)
The Chief Inspector may remove an institution from the register if satisfied that
a person to whom subsection (2) applies—
(a)
carries out work of a prescribed kind in relation to the institution, or
(b)
is the proprietor of the institution.
(2)
This subsection applies to any person who is subject to a direction, order or
15
decision of a prescribed description made under any prescribed enactment
having effect in any part of the United Kingdom.
(3)
The Chief Inspector must notify the proprietor of an institution of any decision
to remove it from the register under this section.
(4)
The Chief Inspector’s decision does not have effect during the period in
20
which—
(a)
an appeal may be brought under section 110 against the decision, or
(b)
where such an appeal has been brought, the appeal has not been
determined, withdrawn or otherwise disposed of.
(5)
The reference in subsection (1) to the proprietor of the institution is—
25
(a)
in a case in which the proprietor is a company, a reference to any
director of the company;
(b)
in a case in which the proprietor is any other body of persons, whether
corporate or unincorporate, a reference to any member of the body.
Emergencies
30
106
Application to justice of the peace for order
(1)
The Chief Inspector may apply to a justice of the peace for—
(a)
an order imposing a relevant restriction on the proprietor of a
registered independent educational institution, or
(b)
an order that such an institution be removed from the register.
35
(2)
If it appears to the justice that a student at the institution in question is
suffering or is likely to suffer significant harm, the justice may make the order.
(3)
An application under this section may be made without notice.
(4)
An order under this section must be in writing.

Education and Skills Bill
Part 4 — Regulation and inspection of independent educational provision in England
Chapter 1 — Independent educational institutions in England
61

(5)
A copy of an order under this section must be served on the proprietor of the
institution by the Chief Inspector as soon as reasonably practicable after the
order is made.
(6)
An order under this section has effect from the time the copy is served on the
proprietor (and, accordingly, in the case of an order under subsection (1)(b),
5
the Chief Inspector must not remove the institution from the register in
pursuance of the order before that time).
(7)
For the purposes of this section, “harm” has the same meaning as in the
Children Act 1989 (c. 41) and the question of whether harm is significant is to
be determined in accordance with section 31(10) of that Act.
10
107
Relevant restriction imposed by justice of the peace: supplementary
(1)
This section applies where the proprietor of an institution is subject to a
relevant restriction imposed by an order of a justice of the peace under section
106(1)(a).
(2)
If the proprietor fails to comply with the relevant restriction, the proprietor is
15
guilty of an offence and liable on summary conviction to imprisonment for a
term not exceeding 51 weeks or to a fine not exceeding level 5 on the standard
scale (or to both).
(3)
In relation to an offence committed before the commencement of section 281(5)
of the Criminal Justice Act 2003, for “51 weeks” in subsection (2) substitute “six
20
months”.
108
Order of justice of the peace: notification
(1)
The Chief Inspector must comply with this section as soon as reasonably
practicable after an order is made under section 106 against the proprietor of
an institution.
25
(2)
The Chief Inspector must serve on the proprietor—
(a)
a copy of any written statement in support of the application for the
order, and
(b)
notice of the right of appeal conferred by section 112.
(3)
In the case of an order made against the proprietor of a special institution, the
30
Chief Inspector must notify the following that the order has been made—
(a)
the local education authority in whose area the institution is situated;
(b)
any other local education authority that the Chief Inspector, after
reasonable enquiry, is aware has specified the institution in a statement
of special educational needs in respect of a student at the institution.
35
(4)
In this section “a special institution” means an institution that is specially
organised to make special educational provision for students with special
educational needs.
Provision of information by proprietors
109
Provision of information by proprietors
40
(1)
Regulations may make provision for requiring the proprietor of a registered
independent educational institution to provide the Chief Inspector or the

Education and Skills Bill
Part 4 — Regulation and inspection of independent educational provision in England
Chapter 1 — Independent educational institutions in England
62

Secretary of State, on request, with such particulars relating to the institution
as may be prescribed.
(2)
Regulations under this section may in particular—
(a)
require the provision of such information as is needed by the local
authority in whose area the institution is situated for the purpose of
5
determining whether the institution is a children’s home within the
meaning of the Care Standards Act 2000 (c. 14) (see section 1 of that
Act);
(b)
provide for the Chief Inspector to remove from the register any
institution in respect of which any requirement imposed by or under
10
the regulations is not complied with;
(c)
provide that a person who fails to comply with any specified provision
of the regulations is guilty of an offence and liable on summary
conviction to a fine not exceeding level 5 on the standard scale.
(3)
In subsection (2) “specified” means specified in regulations under this section.
15
(4)
Regulations that include provision by virtue of subsection (2)(b) must include
the provision required by subsections (5) and (6).
(5)
The regulations must require the Chief Inspector to notify the proprietor of an
institution of any decision to remove the institution from the register by virtue
of subsection (2)(b).
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(6)
The regulations must provide that a decision by the Chief Inspector to remove
an institution from the register by virtue of subsection (2)(b) does not have
effect during the period in which—
(a)
an appeal may be brought under section 110 against the decision, or
(b)
where such an appeal has been brought, the appeal has not been
25
determined, withdrawn or otherwise disposed of.
Appeals
110
Appeal by proprietor against decision of Chief Inspector to deregister
(1)
The proprietor of a registered independent educational institution may appeal
to the Tribunal against a decision of the Chief Inspector to remove the
30
institution from the register—
(a)
under section 85 (no longer required to register),
(b)
under section 90 (unapproved material change),
(c)
under section 98 (failure to pay fees),
(d)
under section 102 (failure to meet standards),
35
(e)
under section 105 (unsuitable persons), or
(f)
by virtue of section 109 (failure to provide information).
(2)
Any appeal under this section must be brought within the period of 28 days
beginning with the day on which notice of the decision is served on the
proprietor.
40
(3)
On an appeal under this section the Tribunal may—
(a)
confirm the decision,
(b)
direct that the decision is of no effect, or

Education and Skills Bill
Part 4 — Regulation and inspection of independent educational provision in England
Chapter 1 — Independent educational institutions in England
63

(c)
in the case of an appeal under subsection (1)(b), (d) or (e), direct that the
decision is of no effect and make an order imposing a relevant
restriction on the proprietor of the institution.
(4)
Where the Tribunal confirms the decision, the Chief Inspector must remove the
institution from the register on such date as the Tribunal may specify or, if it
5
does not specify a date, from such date as the Chief Inspector may determine.
(5)
In this Chapter “the Tribunal” means the tribunal established under section 9
of the Protection of Children Act 1999 (c. 14).
111
Appeal by proprietor against other decisions of Chief Inspector
(1)
The proprietor of an institution may appeal to the Tribunal against a decision
10
of the Chief Inspector in relation to the institution under—
(a)
section 84(3) (standards not likely to be met on registration),
(b)
section 89(1) (refusal to approve a material change),
(c)
section 102(1)(a) (imposition of relevant restriction on proprietor), or
(d)
section 104(5)(b) (refusal to vary or revoke a relevant restriction).
15
(2)
Any appeal under this section must be brought within the period of 28 days
beginning with the day on which notice of the decision is served on the
proprietor.
(3)
On an appeal under subsection (1)(a), the Tribunal may—
(a)
confirm the decision, or
20
(b)
require the Chief Inspector to reconsider the decision, taking into
account, amongst other things, the findings of the Tribunal on the
appeal.
(4)
Section 84(4) and (5) applies in relation to the Chief Inspector’s decision on
reconsideration under subsection (3)(b) above as it applies to a decision made
25
under section 84(3).
(5)
On an appeal under subsection (1)(b) the Tribunal may—
(a)
confirm the decision, or
(b)
itself approve the change.
(6)
On an appeal under subsection (1)(c), the Tribunal may—
30
(a)
confirm the decision,
(b)
direct that the relevant restriction is to cease to have effect, or
(c)
direct that the relevant restriction is to cease to have effect and make an
order imposing a different relevant restriction on the proprietor.
(7)
On an appeal under subsection (1)(d), the Tribunal may—
35
(a)
confirm the refusal, or
(b)
if the Tribunal is satisfied that it is appropriate to do so because of a
change of circumstance since the restriction in question was imposed—
(i)
direct that the relevant restriction is to cease to have effect, or
(ii)
direct that the relevant restriction is to cease to have effect and
40
make an order imposing a different relevant restriction on the
proprietor.