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 4 — Procedure for inspections under Chapter 3
22

35
Timing of section 27 inspections by registered inspectors
(1)
The carrying out of a section 27 inspection must be completed by the time
allowed under subsection (2), and the making of the report required by section
32 must be completed within the period allowed under that subsection.
(2)
The time, and the period, allowed are such as may be prescribed, subject to any
5
such extension of the period as the Chief Inspector may consider necessary to
make; but the total period allowed must not exceed the prescribed period
extended by three months.
(3)
In the case of an inspection of a maintained school, the Chief Inspector must
give notice of any extension under subsection (2) to—
10
(a)
the inspector,
(b)
the local education authority in the case of a maintained school, and
(c)
the governing body.
(4)
In the case of an inspection of a school falling within section 27(2)(d), the Chief
Inspector must give notice of any extension under subsection (2) to—
15
(a)
the inspector,
(b)
the proprietor of the school, and
(c)
the Assembly.
(5)
This section does not apply to a section 27 inspection carried out by a member
of the Inspectorate.
20
Destination of reports and measures required: maintained schools
36
Duty to notify where inspection shows maintained school causing concern
(1)
Subsection (2) applies in relation to a maintained school where—
(a)
following an inspection of the school under Chapter 3 by a member of
the Inspectorate, that member has informed the Chief Inspector of his
25
opinion—
(i)
that special measures are required to be taken in relation to the
school, or
(ii)
that the school requires significant improvement, or
(b)
the Chief Inspector agrees with the opinion of a registered inspector,
30
expressed in a draft report submitted to the Chief Inspector under
section 33(1)—
(i)
that special measures are required to be taken in relation to the
school, or
(ii)
that the school requires significant improvement.
35
(2)
Where this subsection applies, the Chief Inspector must without delay give the
Assembly and the local education authority notice in writing stating that the
case falls within paragraph (a) or (b) of subsection (1).
37
Destination of reports: maintained schools
(1)
In the case of a report of a section 27 inspection of a maintained school, the
40
person making the report must without delay send a copy of the report
together with a summary of it to the appropriate authority for the school.
(2)
In a case where—

Education Bill [HL]
Part 1 — School inspections and other inspections by school inspectors
Chapter 4 — Procedure for inspections under Chapter 3
23

(a)
a report of an inspection of a maintained school is made by a member
of the Inspectorate, and
(b)
he is required by section 34 to state in the report that 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,
5

the member of the Inspectorate must send a copy of the report together with
the summary of it to the appropriate authority for the school.
(3)
In any case, copies of the report and summary referred to in subsection (1) or
(2) must be sent by the person who made the report—
(a)
to the Chief Inspector (unless the report was made by a member of the
10
Inspectorate),
(b)
to the head teacher of the school,
(c)
to whichever of the local education authority and the governing body
are not the appropriate authority,
(d)
in the case of a school having foundation governors, to the person who
15
appoints them and (if different) to the appropriate appointing
authority, and
(e)
in such circumstances as may be prescribed, to such other persons (if
any) as may be prescribed.
(4)
The appropriate authority must—
20
(a)
make a copy of any report and summary sent to the authority under
subsection (1) or (2) available for inspection by members of the public
at such times and at such place as may be reasonable,
(b)
provide a copy of the report and summary, free of charge or in
prescribed cases on payment of such fee as they think fit (not exceeding
25
the cost of supply), to any person who asks for one, and
(c)
take such steps as are reasonably practicable to secure that every
registered parent of a registered pupil at the school receives a copy of
the summary within such period following receipt of the report by the
authority as may be prescribed.
30
(5)
Subsection (6) applies to a report of an inspection of a maintained school if—
(a)
the inspection was a section 27 inspection or was carried out by a
member of the Inspectorate, and
(b)
the school provides full-time education suitable to the requirements of
pupils over compulsory school age.
35
(6)
The person making the report must send a copy (together with a copy of the
summary, if there is one) to the National Council for Education and Training
for Wales.
38
Statement to be prepared by appropriate authority for school
(1)
Where there is sent to the appropriate authority for a maintained school
40
either—
(a)
a report of a section 27 inspection of the school, or
(b)
a report of an inspection of the school by a member of the Inspectorate
in which that person is required by section 34(1)(b) to state that he is of
the opinion that special measures are required to be taken in relation to
45
the school or that the school requires significant improvement,

Education Bill [HL]
Part 1 — School inspections and other inspections by school inspectors
Chapter 4 — Procedure for inspections under Chapter 3
24

the appropriate authority must prepare a written statement of the action which
they propose to take in the light of the report and the period within which they
propose to take it.
(2)
It is the duty of the appropriate authority to prepare the statement within the
period allowed by this subsection, that is—
5
(a)
such period as may be prescribed, or
(b)
if—
(i)
the report states that the person making of it is of the opinion
that special measures are required to be taken in relation to the
school or that the school requires significant improvement, and
10
(ii)
either that person is a member of the Inspectorate or the report
states that the Chief Inspector agrees with his opinion, and
(iii)
the Assembly is of the opinion that the urgency of the case
requires a shorter period,

such shorter period as the Assembly may direct;
15
but this subsection does not relieve the appropriate authority of any duty to
prepare a statement which has not been performed within that period.
(3)
Subject to subsection (4), where such a statement has been prepared by the
appropriate authority, they must, before the end of the prescribed period, send
copies of it—
20
(a)
to the Chief Inspector,
(b)
to whichever of the governing body and the local education authority
are not the appropriate authority, and
(c)
in such circumstances as may be prescribed, to such other persons (if
any) as may be prescribed.
25
(4)
Where the report in question is a report of a section 27 inspection of a school,
subsection (3)(a) does not require a copy of the statement to be sent to the Chief
Inspector unless the report states that the person making it is of the opinion—
(a)
that special measures are required to be taken in relation to the school,
or
30
(b)
that the school requires significant improvement.
(5)
If in the case of a maintained school—
(a)
the statement is prepared in response to a report of an inspection of the
school in which the person who made the report states that in his
opinion special measures are required to be taken in relation to the
35
school or that the school requires significant improvement, and
(b)
either that person is a member of the Inspectorate or the report states
that the Chief Inspector agrees with his opinion,

the appropriate authority must, before the end of the prescribed period, send
a copy of the statement to the Assembly.
40
(6)
In the case of a school having foundation governors, the appropriate authority
must also send a copy of the statement to the person who appoints them and
(if different) to the appropriate appointing authority.
(7)
The appropriate authority must—
(a)
make any statement prepared by them under this section available for
45
inspection by members of the public, at such times and at such place as
may be reasonable,

Education Bill [HL]
Part 1 — School inspections and other inspections by school inspectors
Chapter 4 — Procedure for inspections under Chapter 3
25

(b)
provide a copy of the statement, free of charge or in prescribed cases on
payment of such fee as they think fit (not exceeding the cost of supply),
to any person who asks for one, and
(c)
take such steps as are reasonably practicable to secure that every
registered parent of a registered pupil at the school receives a copy of
5
the statement as soon as is reasonably practicable.
(8)
The duty under subsection (7)(c) is to be taken to be satisfied by the appropriate
authority if they—
(a)
take such steps as are reasonably practicable to secure that every
registered parent of a pupil at the school receives, as soon as is
10
reasonably practicable, a copy of a document prepared by them
which—
(i)
summarises the statement, and
(ii)
contains a statement of the right to request a copy of it under
paragraph (b), and
15
(b)
provide a copy of the statement to every registered parent of a
registered pupil at the school who asks for one.
(9)
Where the governing body of a school have prepared a statement under this
section, they must in the report under section 30 of the Education Act 2002
(governors’ reports) state the extent to which the proposals set out in the
20
statement (or, if there is more than one, the most recent statement) have been
carried into effect.
39
Statement to be prepared by local education authority
(1)
This section applies in circumstances where—
(a)
in a report of an inspection of a maintained school the governing body
25
of which have a delegated budget, the person who made the report
stated that in his opinion—
(i)
special measures were required to be taken in relation to the
school, or
(ii)
the school required significant improvement, and
30
(b)
either that person was a member of the Inspectorate or the report stated
that the Chief Inspector agreed with his opinion, and
(c)
either—
(i)
the local education authority have received a copy of a
statement prepared under section 38 in response to the report,
35
or
(ii)
the period prescribed for the purposes of subsection (3) of that
section has expired.
(2)
The local education authority must—
(a)
prepare a written statement of any action they propose to take in the
40
light of the report, and the period within which they propose to take
such action, or, if they do not propose to take any such action, of their
reasons for not doing so, and
(b)
send a copy of the statement prepared under paragraph (a), together
with their comments on any statement prepared under section 38 of
45
which they have received a copy, to the Assembly and the Chief
Inspector and, in the case of a voluntary aided school—
(i)
to the person who appoints the foundation governors, and

Education Bill [HL]
Part 1 — School inspections and other inspections by school inspectors
Chapter 4 — Procedure for inspections under Chapter 3
26

(ii)
(if different) to the appropriate appointing authority.
(3)
It is the duty of the local education authority to prepare the statement within
the period allowed by this subsection, that is—
(a)
such period as may be prescribed, or
(b)
if the Assembly is of the opinion that the urgency of the case requires a
5
shorter period, such shorter period as the Assembly may direct;

but this subsection does not relieve the local education authority of any duty
to prepare a statement which has not been performed within that period.
Destination of reports and measures required: non-maintained schools
40
Destination of reports: non-maintained schools
10
(1)
In the case of a report of a section 27 inspection of a school other than a
maintained school, the person making the report must without delay—
(a)
send a copy of the report together with the summary of it—
(i)
to the proprietor of the school, and
(ii)
(unless the person making it is a member of the Inspectorate) to
15
the Chief Inspector, and
(b)
if the report states that the person making it is of the opinion that
special measures are required to be taken in relation to the school or
that the school requires significant improvement and either—
(i)
that person is a member of the Inspectorate, or
20
(ii)
the report states that the Chief Inspector agrees with his
opinion,

send a copy of the report and summary to the Assembly.
(2)
In a case where—
(a)
a report of an inspection of a school other than a maintained school is
25
made by a member of the Inspectorate, and
(b)
he is required by section 34(1)(b) to state in the report that 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,

he must send a copy of the report together with the summary of it to the
30
proprietor of the school and to the Assembly.
(3)
In the case of a special school which is not a community or foundation special
school, the proprietor of the school must without delay send a copy of any
report and summary sent to them under subsection (1) or (2) to any local
education authority that is paying fees in respect of the attendance of a
35
registered pupil at the school.
(4)
The proprietor of the school must—
(a)
make any report and summary sent to him under subsection (1) or (2)
available for inspection by members of the public at such times and at
such place as may be reasonable,
40
(b)
provide a copy of the report and summary, free of charge or in
prescribed cases on payment of such fee as they think fit (not exceeding
the cost of supply) to any person who asks for one, and
(c)
take such steps as are reasonably practicable to secure that every
registered parent of a registered pupil at the school receives a copy of
45

Education Bill [HL]
Part 1 — School inspections and other inspections by school inspectors
Chapter 4 — Procedure for inspections under Chapter 3
27

the summary within such period following receipt of the report by the
authority as may be prescribed.
41
Statement to be prepared by proprietor of school
(1)
Where there is sent to the proprietor of a school other than a maintained
school—
5
(a)
a report of a section 27 inspection of the school, or
(b)
a report of an inspection of the school made by a member of the
Inspectorate in which that person is required by section 34(1)(b) to state
that he is of the opinion that special measures are required to be taken
in relation to the school or that the school requires significant
10
improvement,

the proprietor of the school must prepare a written statement of the action
which he proposes to take in the light of the report and the period within which
he proposes to take it.
(2)
It is the duty of the proprietor to prepare the statement within the period
15
allowed by this subsection, that is—
(a)
such period as may be prescribed, or
(b)
if—
(i)
the report states that the person making it is of the opinion that
special measures are required to be taken in relation to the
20
school or that the school requires significant improvement, and
(ii)
either that person is a member of the Inspectorate or the report
states that the Chief Inspector agrees with his opinion, and
(iii)
the Assembly is of the opinion that the urgency of the case
requires a shorter period,
25

such shorter period as the Assembly may direct;

but this subsection does not relieve the proprietor of the school of any duty to
prepare a statement which has not been performed within that period.
(3)
Where such a statement has been prepared by the proprietor of the school, he
must, before the end of the prescribed period, send copies of it—
30
(a)
to the Chief Inspector,
(b)
to the Assembly, and
(c)
in such circumstances as may be prescribed, to such other persons (if
any) as may be prescribed.
(4)
In the case of a special school which is not a community or foundation special
35
school, the proprietor of the school must, before the end of the prescribed
period, send a copy of any such statement prepared by him to any local
education authority that is paying fees in respect of the attendance of a
registered pupil at the school.
(5)
The proprietor of the school must—
40
(a)
make any statement prepared by him under this section available for
inspection by members of the public, at such times and at such place as
may be reasonable,
(b)
provide a copy of the statement, free of charge or in prescribed cases on
payment of such fee as he thinks fit (not exceeding the cost of supply)
45
to any person who asks for one, and

Education Bill [HL]
Part 1 — School inspections and other inspections by school inspectors
Chapter 5 — Schools causing concern
28

(c)
take such steps as are reasonably practicable to secure that every
registered parent of a registered pupil at the school receives a copy of
the statement as soon as is reasonably practicable.
(6)
The duty under subsection (5)(c) is to be taken to be satisfied by the proprietor
of the school if he—
5
(a)
takes such steps as are reasonably practicable to secure that every
registered parent of a registered pupil at the school receives, as soon as
is reasonably practicable, a copy of a document prepared by the
proprietor which—
(i)
summarises the statement, and
10
(ii)
contains a statement of the right to request a copy of it under
paragraph (b), and
(b)
provides a copy of the statement to every registered parent of a
registered pupil at the school who asks for one.
Interpretation of Chapter
15
42
Interpretation of Chapter 4
In this Chapter—
“the appropriate appointing authority”, in relation to a voluntary aided
school, means—
(a)
the appropriate diocesan authority, if it is a Church in Wales
20
school, a Church of England school or a Roman Catholic Church
school, or
(b)
in any other case, the person who appoints the foundation
governors;
“the appropriate authority”, in relation to a maintained school, means the
25
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 Education
and Training in Wales;
“maintained school” means a community, foundation or voluntary
30
school, a community or foundation special school or a maintained
nursery school;
“member of the Inspectorate” means the Chief Inspector, any of Her
Majesty’s Inspectors of Education and Training in Wales and any
additional inspector appointed under paragraph 2 of Schedule 2;
35
“prescribed” means prescribed by regulations;
“regulations” means regulations made by the Assembly under this
Chapter;
“section 27 inspection” means an inspection under section 27.
Chapter 5
40
Schools causing concern
43
Categories of schools causing concern
(1)
For the purposes of this Part, special measures are required to be taken in
relation to a school if—