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Make provision about the inspection of schools, child minding, day care, |
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nursery education and careers services; to make other provision about school |
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education; to make provision about the training of persons who work in |
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schools and other persons who teach, about the supply of personal |
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information for purposes related to education and about the attendance of |
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children at educational provision outside schools; and for connected purposes. |
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Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and |
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consent of the Lords Spiritual and Temporal, and Commons, in this present |
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Parliament assembled, and by the authority of the same, as follows:— |
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School inspections and other inspections by school inspectors |
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School inspectors and school inspections: England |
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Her Majesty’s Inspectorate for England |
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1 | Her Majesty’s Inspectorate of Schools in England |
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(1) | Her Majesty may by Order in Council appoint a person to the office of Her |
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Majesty’s Chief Inspector of Schools in England (“the Chief Inspector”). |
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(2) | Her Majesty may by Order in Council appoint persons as Her Majesty’s |
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Inspectors of Schools in England. |
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(3) | Any person appointed as one of Her Majesty’s Inspectors of Schools in |
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England is to serve, in accordance with the terms and conditions on which he |
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is appointed, as a member of the staff of the Chief Inspector. |
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(4) | The Chief Inspector holds and vacates office in accordance with the terms of his |
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(a) | must not be appointed for a term of more than five years, |
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(b) | may at any time resign by giving written notice to the Secretary of State, |
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(c) | may be removed from office by Her Majesty on the ground of |
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incapacity or misconduct. |
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(5) | The previous appointment of a person as Chief Inspector does not affect his |
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eligibility for appointment. |
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(6) | Schedule 1 makes further provision about the Chief Inspector and his staff. |
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2 | Functions of Her Majesty’s Chief Inspector of Schools in England |
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(1) | The Chief Inspector has the general duty of keeping the Secretary of State |
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(a) | the quality of the education provided by schools in England, |
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(b) | how far that education meets the needs of the range of pupils at those |
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(c) | the educational standards achieved in those schools, |
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(d) | the quality of the leadership in and management of those schools, |
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including whether the financial resources made available to those |
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schools are managed efficiently, |
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(e) | the spiritual, moral, social and cultural development of pupils at those |
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(f) | the contribution made by those schools to the well-being of those |
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(2) | When asked to do so by the Secretary of State, the Chief Inspector must— |
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(a) | give advice to the Secretary of State on such matters as may be specified |
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in the Secretary of State’s request, and |
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(b) | inspect and report on such school, or class of school, in England as may |
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(3) | In addition, the Chief Inspector must keep under review the extent to which |
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any requirement imposed by or under this Part, or any other enactment, on any |
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local education authority, proprietor of a school or governing body in relation |
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to inspections of schools in England is complied with. |
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(4) | The Chief Inspector may at any time give advice to the Secretary of State on any |
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matter connected with schools, or a particular school, in England. |
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(5) | The Chief Inspector is to have such other functions in connection with schools |
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in England, including functions with respect to the training of teachers for such |
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schools, as may be assigned to him by the Secretary of State. |
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(6) | In exercising his functions, the Chief Inspector must have regard to such |
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aspects of government policy as the Secretary of State may direct. |
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3 | Annual and other reports to Secretary of State |
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(a) | must make an annual report to the Secretary of State, who must lay a |
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copy of it before each House of Parliament, |
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(b) | may make such other reports to the Secretary of State, with respect to |
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matters which fall within the scope of his functions, as he considers |
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(c) | may arrange for any report made by him under this section to be |
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published in such manner as he considers appropriate. |
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4 | Powers of entry etc. for purposes of section 2 |
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(1) | For the purposes of the exercise of any function conferred by or under section |
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2, the Chief Inspector has at all reasonable times, in relation to any school in |
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(a) | a right of entry to the premises of the school, and |
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(b) | a right to inspect, and take copies of, any records kept by the school, |
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and any other documents containing information relating to the school, |
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which he requires for those purposes. |
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(2) | For the purposes of the exercise of any function conferred by or under section |
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2, the Chief Inspector has at all reasonable times— |
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(a) | a right of entry to any premises (other than school premises) on which, |
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by virtue of arrangements made by a school in England, any pupils |
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(i) | are registered at the school, and |
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(ii) | have attained the age of 15, or will attain that age in the current |
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school year, but have not ceased to be of compulsory school age, |
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| are provided with part of their education by any person (“the |
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(b) | a right of entry to any premises of the provider used in connection with |
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the provision by him of that education, and |
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(c) | a right to inspect and take copies of— |
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(i) | any records kept by the provider relating to the provision of |
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(ii) | any other documents containing information so relating, |
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| which the Chief Inspector requires for those purposes. |
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(3) | It is an offence intentionally to obstruct the Chief Inspector— |
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(a) | in the exercise of his functions in relation to the inspection of a school |
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for the purposes of section 2(2)(b), or |
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(b) | in the exercise of any right under subsection (1) or (2) for the purposes |
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of the exercise of any other function. |
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(4) | A person guilty of an offence under subsection (3) is liable on summary |
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conviction to a fine not exceeding level 4 on the standard scale. |
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5 | Duty to inspect certain schools at prescribed intervals |
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(1) | It is the duty of the Chief Inspector— |
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(a) | to inspect under this section every school in England to which this |
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section applies, at such intervals as may be prescribed, and |
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(b) | when the inspection has been completed, to make a report of the |
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(2) | Subject to subsection (3), the schools to which this section applies are— |
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(a) | community, foundation and voluntary schools, |
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(b) | community and foundation special schools, |
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(c) | maintained nursery schools, |
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(e) | city technology colleges, |
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(f) | city colleges for the technology of the arts, and |
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(g) | special schools which are not community or foundation special schools |
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but are for the time being approved by the Secretary of State under |
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section 342 of the Education Act 1996 (c. 56) (approval of special |
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(3) | This section does not apply to any school— |
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(a) | which is a closing school (as defined by subsection (4)), and |
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(b) | in respect of which the Chief Inspector has decided, having regard to |
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the date on which the closure is to take effect, that no useful purpose |
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would be served by the school being inspected under this section. |
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(4) | In subsection (3)(a) a “closing school” means— |
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(a) | any community, foundation or voluntary school, community or |
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foundation special school or maintained nursery school in respect of |
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which proposals to discontinue the school have been approved, |
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adopted or determined under any enactment, |
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(b) | a foundation or voluntary school in respect of which the governing |
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body have given notice of discontinuance under section 30 of the |
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School Standards and Framework Act 1998 (c. 31), |
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(c) | a community, foundation or voluntary or community or foundation |
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special school in respect of which the Secretary of State has given a |
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direction to discontinue the school under section 19 or 32 of that Act, |
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(d) | a city technology college, city college for the technology of the arts or |
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Academy in respect of which notice of termination of an agreement |
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made under section 482 of the Education Act 1996 (c. 56) has been |
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(e) | a special school which is not a community or foundation special school |
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but is for the time being approved by the Secretary of State under |
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section 342 of the Education Act 1996 (c. 56) and which the proprietor |
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(5) | It is the general duty of the Chief Inspector, when conducting an inspection |
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under this section, to report on— |
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(a) | the quality of the education provided in the school, |
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(b) | how far the education provided in the school meets the needs of the |
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range of pupils at the school, |
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(c) | the educational standards achieved in the school, |
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(d) | the quality of the leadership in and management of the school, |
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including whether the financial resources made available to the school |
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(e) | the spiritual, moral, social and cultural development of the pupils at the |
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(f) | the contribution made by the school to the well-being of those pupils. |
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(6) | Subsection (1) has effect subject to section 8. |
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(7) | An inspection which is required under this section must not extend to— |
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(a) | denominational education, or |
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(b) | the content of collective worship which falls to be inspected under |
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