|
| |
|
which proposals to discontinue the school have been approved, |
| |
adopted or determined under any enactment, |
| |
(b) | a foundation or voluntary school in respect of which the governing |
| |
body have given notice of discontinuance under section 30 of the |
| |
School Standards and Framework Act 1998 (c. 31), |
| 5 |
(c) | a community, foundation or voluntary or community or foundation |
| |
special school in respect of which the Assembly has given a direction to |
| |
discontinue the school under section 19 or 32 of that Act, or |
| |
(d) | a special school which is not a community or foundation special school |
| |
but is for the time being approved by the Assembly under section 342 |
| 10 |
of the Education Act 1996 (c. 56) and which the proprietor has decided |
| |
| |
(5) | It is the general duty of any inspector conducting an inspection under this |
| |
| |
(a) | the quality of the education provided in the school, |
| 15 |
(b) | how far the education provided in the school meets the needs of the |
| |
range of pupils at the school, |
| |
(c) | the educational standards achieved in the school, |
| |
(d) | the quality of the leadership in and management of the school, |
| |
including whether the financial resources made available to the school |
| 20 |
| |
(e) | the spiritual, moral, social and cultural development of the pupils at the |
| |
| |
(f) | the contribution made by the school to the well-being of those pupils. |
| |
(6) | Subsection (1) has effect subject to section 31. |
| 25 |
(7) | An inspection which is required under this section must not extend to— |
| |
(a) | denominational education, |
| |
(b) | education which is brought within the remit of the Chief Inspector by |
| |
Part 4 of the Learning and Skills Act 2000 (c. 21), or |
| |
(c) | the content of collective worship which falls to be inspected under |
| 30 |
| |
(8) | Schedule 4 makes further provision with respect to inspections under this |
| |
| |
Publication of inspection reports |
| |
28 | Publication of inspection reports |
| 35 |
(1) | The Chief Inspector may, in the case of— |
| |
(a) | any report by a member of the Inspectorate of an inspection carried out |
| |
by him under any provision of this Chapter (whether the report is |
| |
required by any such provision or is otherwise made in pursuance of |
| |
his functions under that provision), or |
| 40 |
(b) | any report of an inspection under section 27 made by a registered |
| |
| |
| arrange for the report to be published in such manner as the Chief Inspector |
| |
| |
(2) | Without prejudice to the generality of— |
| 45 |
|
| |
|
| |
|
| |
| |
| the Chief Inspector may arrange for a report to which that provision applies to |
| |
be published by electronic means. |
| |
(3) | For the purposes of the law of defamation any report published by the Chief |
| 5 |
Inspector under either of those provisions is privileged unless the publication |
| |
is shown to have been made with malice. |
| |
(4) | Subsection (3) does not limit any privilege subsisting apart from that |
| |
| |
| 10 |
29 | Payment of fees into Consolidated Fund |
| |
(1) | Any sums received by the Chief Inspector under— |
| |
| |
(b) | paragraph 4(3) or 5(2) of Schedule 4, |
| |
| must be paid into the Consolidated Fund. |
| 15 |
(2) | Subsection (1) has effect subject to paragraph 4 of Schedule 6 to the |
| |
Government of Wales Act 1998 (c. 38) (Treasury power to direct that |
| |
requirement for payment into Consolidated Fund not to apply in relation to |
| |
specified sums received by the Chief Inspector). |
| |
Interpretation of Chapter |
| 20 |
30 | Interpretation of Chapter 3 |
| |
| |
“the Chief Inspector” means Her Majesty’s Chief Inspector of Education |
| |
| |
“member of the Inspectorate” means the Chief Inspector, any of Her |
| 25 |
Majesty’s Inspectors of Education and Training in Wales and any |
| |
additional inspector appointed under paragraph 2 of Schedule 2; |
| |
“prescribed” means prescribed by regulations; |
| |
“regulations” means regulations made by the Assembly under this |
| |
| 30 |
“well-being”, in relation to pupils at a school, is a reference to their well- |
| |
being having regard to the matters mentioned in section 25(2) of the |
| |
| |
(2) | For the purposes of this Chapter any reference to a condition imposed under |
| |
section 24(4)(c) includes a reference to a condition imposed under section 25(3). |
| 35 |
|
| |
|
| |
|
| |
Procedure for inspections under Chapter 3 |
| |
| |
31 | Inspections by members of the Inspectorate |
| |
(1) | If the Chief Inspector so elects in the case of any inspection of a school by a |
| 5 |
member of the Inspectorate under section 19(2)(b) or 23(1), that inspection is to |
| |
be treated for the purposes of the relevant provisions as if it were an inspection |
| |
| |
(2) | In subsection (1) “the relevant provisions” means sections 27(1) and (5) and 34 |
| |
| 10 |
(a) | (in the case of an inspection of a maintained school) sections 37 to 39, |
| |
| |
(b) | (in the case of an inspection of a school other than a maintained school), |
| |
| |
Inspections and reports: all schools |
| 15 |
32 | Duty to report on section 27 inspections |
| |
Where a section 27 inspection by a registered inspector or a member of the |
| |
Inspectorate has been completed, the inspector must make in writing a report |
| |
of the inspection and a summary of the report. |
| |
33 | Section 27 inspections by registered inspectors |
| 20 |
(1) | Where a section 27 inspection was conducted by a registered inspector and he |
| |
| |
(a) | that special measures are required to be taken in relation to the school, |
| |
| |
(b) | that the school requires significant improvement, |
| 25 |
| he must submit a draft of the report of the inspection to the Chief Inspector. |
| |
(2) | If the Chief Inspector so requests, an inspector who has submitted a draft under |
| |
subsection (1) must provide the Chief Inspector with such further information |
| |
as the Chief Inspector may specify. |
| |
(3) | The Chief Inspector must inform an inspector who has submitted a draft under |
| 30 |
subsection (1) whether he agrees or disagrees with the inspector’s opinion. |
| |
| |
(a) | the Chief Inspector informs the inspector that he disagrees with the |
| |
| |
(b) | the inspector remains of the opinion that special measures are required |
| 35 |
to be taken in relation to the school or that the school requires |
| |
| |
| the inspector may not make a report stating that opinion unless the terms in |
| |
which he makes the report are substantially the same (except as to the |
| |
statement required by subsection (6)(b)) as the draft or as a subsequent draft |
| 40 |
submitted to the Chief Inspector under this subsection. |
| |
|
| |
|
| |
|
(5) | Where a subsequent draft is submitted under subsection (4), the Chief |
| |
Inspector must inform the inspector whether he agrees or disagrees with the |
| |
| |
(6) | A report made by a registered inspector who is of the opinion that special |
| |
measures are required to be taken in relation to the school or that the school |
| 5 |
requires significant improvement must— |
| |
(a) | state his opinion, and |
| |
(b) | state whether the Chief Inspector agrees or disagrees with his opinion. |
| |
(7) | If a report of an inspection of a school by a registered inspector is made in |
| |
| 10 |
(a) | he is of the opinion that special measures are not required to be taken |
| |
in relation to the school, but |
| |
(b) | in the latest report of an inspection of the school the person making the |
| |
report stated that in his opinion such measures were required to be |
| |
| 15 |
(i) | that person was a member of the Inspectorate, or |
| |
(ii) | the report stated that the Chief Inspector agreed with his |
| |
| |
the registered inspector must state his opinion in the report (whether or not he |
| |
is required by subsection (6) also to state the opinion that the school requires |
| 20 |
significant improvement). |
| |
(8) | If a report of an inspection of a school by a registered inspector is made in |
| |
| |
(a) | he is of the opinion that the school does not require significant |
| |
improvement and that special measures are not required to be taken in |
| 25 |
relation to the school, but |
| |
(b) | in the latest report of an inspection of the school the person making the |
| |
report stated that in his opinion the school did require significant |
| |
| |
(i) | that person was a member of the Inspectorate, or |
| 30 |
(ii) | the report stated that the Chief Inspector agreed with his |
| |
| |
the registered inspector must state his opinion in the report. |
| |
34 | Reports of inspections by members of the Inspectorate |
| |
(1) | Where on the completion of any inspection of a school under section 19(2)(b) |
| 35 |
or 23(1) by a member of the Inspectorate, that person is of the opinion that |
| |
special measures are required to be taken in relation to the school or that the |
| |
school requires significant improvement, he must— |
| |
(a) | prepare in writing a report of the inspection and a summary of the |
| |
| 40 |
(b) | state his opinion in the report. |
| |
(2) | If on the completion of any such inspection of a school by a member of the |
| |
Inspectorate in circumstances where— |
| |
(a) | he is of the opinion that special measures are not required to be taken |
| |
in relation to the school, but |
| 45 |
(b) | in the latest report of an inspection of the school, the person making the |
| |
report stated that in his opinion such measures were required to be |
| |
taken in relation to the school and either— |
| |
|
| |
|
| |
|
(i) | that person was a member of the Inspectorate, or |
| |
(ii) | the report stated that the Chief Inspector agreed with his |
| |
| |
| the member of the Inspectorate must prepare a report of the inspection and a |
| |
summary of the report and state his opinion in the report (whether or not he is |
| 5 |
required by subsection (1)(b) also to state the opinion that the school requires |
| |
significant improvement). |
| |
(3) | If on the completion of any such inspection of a school by a member of the |
| |
Inspectorate in circumstances where— |
| |
(a) | he is of the opinion that the school does not require significant |
| 10 |
improvement and that special measures are not required to be taken in |
| |
relation to the school, but |
| |
(b) | in the latest report of an inspection of the school, the person making the |
| |
report stated that in his opinion the school did require significant |
| |
| 15 |
(i) | that person was a member of the Inspectorate, or |
| |
(ii) | the report stated that the Chief Inspector agreed with his |
| |
| |
| the member of the Inspectorate must prepare a report of the inspection and a |
| |
summary of the report and state his opinion in the report. |
| 20 |
(4) | A report of a section 27 inspection of a school by a member of the Inspectorate |
| |
must, if he is of the opinion that special measures are required to be taken in |
| |
relation to the school or that the school requires significant improvement, state |
| |
| |
(5) | If a report of a section 27 inspection of a school by a member of the Inspectorate |
| 25 |
is made in circumstances where— |
| |
(a) | he is of the opinion that special measures are not required to be taken |
| |
in relation to the school, but |
| |
(b) | in the latest report of an inspection of the school, the person making the |
| |
report stated that in his opinion such measures were required to be |
| 30 |
| |
(i) | that person was a member of the Inspectorate, or |
| |
(ii) | the report stated that the Chief Inspector agreed with his |
| |
| |
| the member of the Inspectorate must state his opinion in the report (whether or |
| 35 |
not he is required by subsection (4) also to state the opinion that the school |
| |
requires significant improvement). |
| |
(6) | If a report of a section 27 inspection of a school by a member of the Inspectorate |
| |
is made in circumstances where— |
| |
(a) | he is of the opinion that the school does not require significant |
| 40 |
improvement and that special measures are not required to be taken in |
| |
relation to the school, but |
| |
(b) | in the latest report of an inspection of the school, the person making the |
| |
report stated that in his opinion the school did require significant |
| |
| 45 |
(i) | that person was a member of the Inspectorate, or |
| |
(ii) | the report stated that the Chief Inspector agreed with his |
| |
| |
| the member of the Inspectorate must state his opinion in the report. |
| |
|
| |
|