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
17

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
to close.
(5)
It is the general duty of any inspector conducting an inspection under this
section to report on—
(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
are managed effectively,
(e)
the spiritual, moral, social and cultural development of the pupils at the
school, and
(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
section 49.
(8)
Schedule 4 makes further provision with respect to inspections under this
section.
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
inspector,

arrange for the report to be published in such manner as the Chief Inspector
considers appropriate.
(2)
Without prejudice to the generality of—
45

Education Bill [HL]
Part 1 — School inspections and other inspections by school inspectors
Chapter 3 — School inspectors and school inspections: Wales
18

(a)
section 20(1)(c), or
(b)
subsection (1),

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
subsection.
Receipts
10
29
Payment of fees into Consolidated Fund
(1)
Any sums received by the Chief Inspector under—
(a)
section 24(3)(b), or
(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
(1)
In this Chapter—
“the Chief Inspector” means Her Majesty’s Chief Inspector of Education
and Training in Wales;
“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
Chapter;
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
Children Act 2004.
(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

Education Bill [HL]
Part 1 — School inspections and other inspections by school inspectors
Chapter 4 — Procedure for inspections under Chapter 3
19

Chapter 4
Procedure for inspections under Chapter 3
Introductory
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
under section 27.
(2)
In subsection (1) “the relevant provisions” means sections 27(1) and (5) and 34
and—
10
(a)
(in the case of an inspection of a maintained school) sections 37 to 39,
and
(b)
(in the case of an inspection of a school other than a maintained school),
sections 40 and 41.
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
is of the opinion—
(a)
that special measures are required to be taken in relation to the school,
or
(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.
(4)
Where—
(a)
the Chief Inspector informs the inspector that he disagrees with the
inspector’s opinion, but
(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
significant improvement,

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.

Education Bill [HL]
Part 1 — School inspections and other inspections by school inspectors
Chapter 4 — Procedure for inspections under Chapter 3
20

(5)
Where a subsequent draft is submitted under subsection (4), the Chief
Inspector must inform the inspector whether he agrees or disagrees with the
inspector’s opinion.
(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
circumstances where—
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
taken and either—
15
(i)
that person was a member of the Inspectorate, or
(ii)
the report stated that the Chief Inspector agreed with his
opinion,
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
circumstances where—
(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
improvement and either—
(i)
that person was a member of the Inspectorate, or
30
(ii)
the report stated that the Chief Inspector agreed with his
opinion,
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
report, and
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—

Education Bill [HL]
Part 1 — School inspections and other inspections by school inspectors
Chapter 4 — Procedure for inspections under Chapter 3
21

(i)
that person was a member of the Inspectorate, or
(ii)
the report stated that the Chief Inspector agreed with his
opinion,

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
improvement and either—
15
(i)
that person was a member of the Inspectorate, or
(ii)
the report stated that the Chief Inspector agreed with his
opinion,

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
his opinion.
(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
taken and either—
(i)
that person was a member of the Inspectorate, or
(ii)
the report stated that the Chief Inspector agreed with his
opinion,

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
improvement and either—
45
(i)
that person was a member of the Inspectorate, or
(ii)
the report stated that the Chief Inspector agreed with his
opinion,

the member of the Inspectorate must state his opinion in the report.