Education Bill [HL]

House of Lords

Session 2004 - 05
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Other Bills before Parliament

Education Bill [HL]

Education Bill [HL]
Part 1 — School inspections and other inspections by school inspectors
Chapter 3 — School inspectors and school inspections: Wales
10

Interpretation of Chapter
17
Interpretation of Chapter 2
In this Chapter—
“the appropriate appointing authority”, in relation to a voluntary aided
school, means—
5
(a)
the appropriate diocesan authority, if it is a Church of England
school, a Church in Wales school or a Roman Catholic Church
school, or
(b)
in any other case, the person who appoints the foundation
governors;
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“the appropriate authority”, in relation to a maintained school, means the
school’s governing body or, if the school does not have a delegated
budget, the local education authority;
“the Chief Inspector” means Her Majesty’s Chief Inspector of Schools in
England;
15
“maintained school” means a community, foundation or voluntary
school, a community or foundation special school or a maintained
nursery school;
“prescribed” means prescribed by regulations;
“regulations” means regulations made by the Secretary of State under this
20
Chapter;
“section 5 inspection” means an inspection under section 5.
Chapter 3
School inspectors and school inspections: Wales
Her Majesty’s Inspectorate for Wales
25
18
Her Majesty’s Inspectorate of Education and Training in Wales
(1)
Her Majesty may by Order in Council appoint a person to the office of Her
Majesty’s Chief Inspector of Education and Training in Wales or Prif
Arolygydd Ei Mawrhydi dros Addysg a Hyfforddiant yng Nghymru (“the
Chief Inspector”).
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(2)
Her Majesty may by Order in Council appoint persons as Her Majesty’s
Inspectors of Education and Training in Wales or Arolgwyr Ei Mawrhydi dros
Addysg a Hyfforddiant yng Nghymru.
(3)
Any person appointed as one of Her Majesty’s Inspectors of Education and
Training in Wales is to serve, in accordance with the terms and conditions on
35
which he is appointed, as a member of the staff of the Chief Inspector.
(4)
The Chief Inspector holds and vacates office in accordance with the terms of his
appointment, but—
(a)
must not be appointed for a term of more than five years,
(b)
may at any time resign by giving written notice to the Assembly, and
40
(c)
may be removed from office by Her Majesty on the ground of
incapacity or misconduct.

Education Bill [HL]
Part 1 — School inspections and other inspections by school inspectors
Chapter 3 — School inspectors and school inspections: Wales
11

(5)
The previous appointment of a person as Chief Inspector does not affect his
eligibility for appointment.
(6)
If the Assembly considers that any of the powers conferred by subsection (1),
(2) and (4)(c) ought to be exercised, the Assembly must advise the Secretary of
State on any recommendation to be made to Her Majesty as to the exercise of
5
the power.
(7)
The terms of a person’s appointment under subsection (2) are to be determined
by the Chief Inspector with the approval of the Assembly.
(8)
Schedule 2 makes further provision about the Chief Inspector and his staff.
19
Functions of Chief Inspector
10
(1)
The Chief Inspector has the general duty of keeping the Assembly informed
about—
(a)
the quality of the education provided by schools in Wales,
(b)
how far that education meets the needs of the range of pupils at those
schools,
15
(c)
the educational standards achieved in those schools,
(d)
the quality of the leadership in and management of those schools,
including whether the financial resources made available to those
schools are managed efficiently,
(e)
the spiritual, moral, social and cultural development of pupils at those
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schools, and
(f)
the contribution made by those schools to the well-being of those
pupils.
(2)
When asked to do so by the Assembly, the Chief Inspector must—
(a)
give advice to the Assembly on such matters as may be specified in the
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Assembly’s request, and
(b)
inspect and report on such school, or class of school, in Wales as may
be so specified.
(3)
In addition, the Chief Inspector has the following specific duties—
(a)
establishing and maintaining the register mentioned in section 24(1);
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(b)
giving guidance to inspectors registered in that register, and such other
persons as he considers appropriate, in connection with inspections of
schools in Wales under section 27 and the making of reports of such
inspections;
(c)
keeping under review the system of inspecting schools under that
35
section and, in particular, the standard of such inspections and of the
reports made by registered inspectors;
(d)
keeping under review the extent to which any requirement imposed by
or under this Part, or any other enactment, on any registered inspector,
local education authority, proprietor of a school or governing body in
40
relation to inspections of schools in Wales is complied with;
(e)
promoting efficiency in the conduct and reporting of inspections of
schools in Wales by encouraging competition in the provision of
services by registered inspectors.
(4)
The Chief Inspector may at any time give advice to the Assembly on any matter
45
connected with schools, or a particular school, in Wales.

Education Bill [HL]
Part 1 — School inspections and other inspections by school inspectors
Chapter 3 — School inspectors and school inspections: Wales
12

(5)
The Chief Inspector is to have such other functions in connection with schools
in Wales, including functions with respect to the training of teachers for such
schools, as may be assigned to him by the Assembly.
(6)
In exercising his functions, the Chief Inspector must have regard to such
aspects of policy adopted or formulated by the Assembly as the Assembly may
5
direct.
(7)
This section does not apply in relation to education which is brought within the
remit of the Chief Inspector by Part 4 of the Learning and Skills Act 2000 (c. 21).
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Annual and other reports to Assembly
(1)
The Chief Inspector—
10
(a)
must make an annual report to the Assembly,
(b)
may make such other reports to the Assembly, with respect to matters
which fall within the scope of his functions, as he considers
appropriate, and
(c)
may arrange for any report made by him under this section to be
15
published in such manner as he considers appropriate.
(2)
The Assembly must publish any report that is made to it under subsection
(1)(a).
21
Power of Assembly to establish advisory panel
(1)
The Assembly may by regulations—
20
(a)
establish a panel for the purpose of providing advice to the Assembly
on matters relating to the functions that are at any time exercisable by
the Chief Inspector under this Part or any other enactment, and
(b)
make provision as to the functions of the panel.
(2)
The regulations may in particular—
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(a)
make provision about the appointment of members of the panel,
(b)
make provision for remuneration and allowances to be paid to
members of the panel,
(c)
require the panel and the Chief Inspector to co-operate with each other,
(d)
require the panel to make reports to the Assembly.
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22
Powers of entry etc. of Chief Inspector
(1)
For the purposes of the exercise of any function conferred by or under section
19, the Chief Inspector has at all reasonable times, in relation to any school in
Wales—
(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,
and any other documents containing information relating to the school,
which he requires for those purposes.
(2)
For the purposes of the exercise of any function conferred by or under section
19, the Chief Inspector has at all reasonable times—
40
(a)
a right of entry to any premises (other than school premises) on which,
by virtue of arrangements made by a school in Wales, any pupils
who—

Education Bill [HL]
Part 1 — School inspections and other inspections by school inspectors
Chapter 3 — School inspectors and school inspections: Wales
13

(i)
are registered at the school, and
(ii)
have attained the age of 15, or will attain that age in the current
school year, but have not ceased to be of compulsory school age,

are provided with part of their education by any person (“the
provider”),
5
(b)
a right of entry to any premises of the provider used in connection with
the provision by him of that education, and
(c)
a right to inspect and take copies of—
(i)
any records kept by the provider relating to the provision of
that education, and
10
(ii)
any other documents containing information so relating,

which the Chief Inspector requires for those purposes.
(3)
It is an offence intentionally to obstruct the Chief Inspector—
(a)
in the exercise of his functions in relation to the inspection of a school
for the purposes of section 19(2)(b), or
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(b)
in the exercise of any right under subsection (1) or (2) for the purposes
of the exercise of any other function.
(4)
A person guilty of an offence under subsection (3) is liable on summary
conviction to a fine not exceeding level 4 on the standard scale.
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Power of Chief Inspector to arrange for inspections
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(1)
The Chief Inspector may cause any school in Wales to be inspected by one or
more of Her Majesty’s Inspectors of Education and Training in Wales (in this
section referred to as “Inspectors”).
(2)
Where an inspection of a school in Wales is being conducted by a registered
inspector under section 27, the Chief Inspector may arrange for that inspection
25
to be monitored by one or more Inspectors.
(3)
An Inspector inspecting a school, or monitoring an inspection, under this
section has at all reasonable times—
(a)
a right of entry to the premises of the school,
(b)
a right of entry to any other premises on which, by virtue of
30
arrangements made by the school, any pupils who—
(i)
are registered at the school, and
(ii)
have attained the age of 15, or will attain that age in the current
school year, but have not ceased to be of compulsory school age,

are receiving part of their education from any person (“the provider”),
35
(c)
a right of entry to any premises of the provider used in connection with
the provision by him of that education,
(d)
a right to inspect, and take copies of, any records kept by the school,
and any other documents containing information relating to the school,
which he considers relevant to the discharge of his functions, and
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(e)
a right to inspect and take copies of—
(i)
any records kept by the provider relating to the provision of
education for pupils registered at the school, and
(ii)
any other documents containing information relating to the
provision of such education by the provider,
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which the Inspector considers relevant to the discharge of his functions.

Education Bill [HL]
Part 1 — School inspections and other inspections by school inspectors
Chapter 3 — School inspectors and school inspections: Wales
14

(4)
It is an offence intentionally to obstruct any Inspector in the exercise of any of
his functions under this section.
(5)
A person guilty of an offence under subsection (4) is liable on summary
conviction to a fine not exceeding level 4 on the standard scale.
(6)
An inspection of a school conducted under subsection (1) may not extend to
5
any education of a kind brought within the remit of the Chief Inspector by Part
4 of the Learning and Skills Act 2000 that is provided by the school.
Registered inspectors
24
Registration of inspectors in Wales
(1)
No person may conduct an inspection of any school in Wales under section 27
10
unless—
(a)
he is a member of the Inspectorate, or
(b)
he is registered as an inspector in a register kept by the Chief Inspector
for the purposes of this Chapter.
(2)
The Chief Inspector may not register a person under this section unless, having
15
regard to any conditions that he proposes to impose under subsection (4)(c), it
appears to him that that person—
(a)
is a fit and proper person for discharging the functions of a registered
inspector, and
(b)
will be capable of conducting inspections under this Chapter
20
competently and effectively,

and no person may be so registered if he falls within a category of persons
prescribed for the purposes of this subsection.
(3)
An application for registration under this section—
(a)
must be made in such manner, and be accompanied by such
25
particulars, as the Chief Inspector may direct, and
(b)
must be accompanied by the prescribed fee.
(4)
On an application duly made under this section the Chief Inspector may—
(a)
register the applicant,
(b)
refuse to register him, or
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(c)
register him subject to such conditions as the Chief Inspector considers
it appropriate to impose.
(5)
The matters to which the Chief Inspector may have regard in deciding whether
to register the applicant include, in particular—
(a)
the extent to which the Chief Inspector proposes to exercise his
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discretion under subsection (1) of section 27 to secure that inspections
under that section are conducted by members of the Inspectorate rather
than registered inspectors, and
(b)
the extent to which there is a need for registered inspectors in Wales.
(6)
Conditions under subsection (4)(c) may be conditions applying generally in
40
relation to all cases, or particular classes of case, or such conditions together
with specific conditions applying in the particular case.

Education Bill [HL]
Part 1 — School inspections and other inspections by school inspectors
Chapter 3 — School inspectors and school inspections: Wales
15

(7)
Where a person is registered subject to conditions imposed under subsection
(4)(c), he is to be taken to be authorised to act as a registered inspector only so
far as those conditions permit.
(8)
The period for which any registration is to have effect is to be determined by
the Chief Inspector and must be entered in the register kept by him.
5
(9)
Nothing in subsection (8) is to be taken as preventing a registered inspector
from applying for a fresh registration to take effect immediately on the expiry
of his current registration.
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Removal from register and imposition or variation of conditions
(1)
If the Chief Inspector is satisfied that any of the conditions mentioned in
10
subsection (2) is satisfied with respect to an inspector registered in the register,
he may remove the name of that inspector from the register.
(2)
The conditions are that—
(a)
he is no longer a fit and proper person for discharging the functions of
a registered inspector under this Chapter;
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(b)
he is no longer capable of conducting inspections under this Chapter
competently and effectively;
(c)
there has been a significant failure on his part to comply with any
condition imposed under section 24(4)(c) and subject to which his
registration has effect;
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(d)
he has, without reasonable explanation, produced a report of an
inspection which is, in whole or in part, seriously misleading.
(3)
If the Chief Inspector is satisfied—
(a)
that he is authorised by subsection (2) to remove the name of an
inspector from the register, or
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(b)
that it would otherwise be in the public interest to act under this
subsection,

he may vary any condition subject to which the registration of that inspector
has effect or vary that registration by imposing a condition subject to which it
will have effect.
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26
Appeals in relation to registration
(1)
Any person who is aggrieved by—
(a)
the refusal of the Chief Inspector to renew his registration under section
24,
(b)
the imposition or variation of any condition subject to which he is
35
registered under that section, or
(c)
the removal of his name from the register under section 25,

may appeal against the Chief Inspector’s decision to a tribunal constituted in
accordance with Schedule 3.
(2)
Where—
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(a)
a decision to refuse to renew a person’s registration under section 24 is
expressed to be based on the ground—
(i)
that there is a reduced need for registered inspectors in Wales,
or

Education Bill [HL]
Part 1 — School inspections and other inspections by school inspectors
Chapter 3 — School inspectors and school inspections: Wales
16

(ii)
that there is no longer any need for registered inspectors in
Wales, and
(b)
the tribunal is satisfied that the decision was based on one of those
grounds,

the tribunal must confirm the decision to refuse renewal.
5
(3)
No decision of the Chief Inspector falling within (1)(b) or (c) is to have effect
until—
(a)
the disposal of any appeal against the decision which is duly made
under this section, or
(b)
the period within which an appeal may be made has expired without
10
an appeal having been made.
(4)
Subsection (3) does not apply where the Chief Inspector—
(a)
is satisfied that the circumstances of the case justify the decision in
question taking effect immediately, or earlier than would otherwise be
the case, and
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(b)
notifies the person concerned to that effect.
(5)
On determining any appeal under this section, the tribunal may—
(a)
confirm, reverse or vary the decision appealed against, or
(b)
remit the case to the Chief Inspector with directions as to the action to
be taken by him.
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(6)
Schedule 3 makes further provision with respect to tribunals constituted to
hear appeals under this section.
Inspections by registered inspectors and members of the Inspectorate
27
Duty to arrange regular inspections of certain schools
(1)
It is the duty of the Chief Inspector to secure that every school in Wales to
25
which this section applies is inspected under this section, at such intervals as
may be prescribed, by an inspector registered under section 24 or by a member
of the Inspectorate.
(2)
Subject to subsection (3), the schools to which this section applies are—
(a)
community, foundation and voluntary schools,
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(b)
community and foundation special schools,
(c)
maintained nursery schools, and
(d)
special schools which are not community or foundation special schools
but are for the time being approved by the Assembly under section 342
of the Education Act 1996 (c. 56) (approval of special schools).
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(3)
This section does not apply to any school—
(a)
which is a closing school (as defined by subsection (4)), and
(b)
in respect of which the Chief Inspector has decided, having regard to
the date on which the closure is to take effect, that no useful purpose
would be served by the school being inspected under this section.
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(4)
In subsection (3)(a) a “closing school” means—
(a)
any community, foundation or voluntary school, community or
foundation special school or maintained nursery school in respect of