Education Bill [HL]

House of Lords

Session 2004 - 05
Internet Publications
Other Bills before Parliament

Education Bill [HL]

Education Bill [HL]
Part 1 — School inspections and other inspections by school inspectors
Chapter 6 — Other inspections: England and Wales
29

(a)
the school is failing to give its pupils an acceptable standard of
education, and
(b)
the persons responsible for leading, managing or governing the school
are not demonstrating the capacity to secure the necessary
improvement in the school.
5
(2)
For the purposes of this Part, a school requires significant improvement if,
although not falling within subsection (1), it is performing significantly less
well than it might in all the circumstances reasonably be expected to perform.
44
Cases where Secretary of State or Assembly may direct closure of school
In section 19 of the School Standards and Framework Act 1998 (c. 31) (power
10
of Secretary of State to direct closure of school), for subsection (1) substitute—
“(1)
If at any time section 15 applies to a maintained school by virtue of
subsection (6) of that section (school requiring special measures), the
Secretary of State may give a direction to the local education authority
requiring the school to be discontinued on a date specified in the
15
direction.”
45
Sixth forms requiring significant improvement
Schedule 5 contains amendments of the Learning and Skills Act 2000 (c. 21)
relating to schools requiring significant improvement in relation to their sixth
forms.
20
Chapter 6
Other inspections: England and Wales
Inspection of religious education
46
Meaning of “denominational education”
In this Part “denominational education”, in relation to a school, means
25
religious education which—
(a)
is required by section 80(1)(a) or 101(1)(a) of the Education Act 2002
(c. 32) to be included in the school’s basic curriculum, but
(b)
is not required by any enactment to be given in accordance with an
agreed syllabus.
30
47
Inspection of religious education: England
(1)
It is the duty of the governing body of any voluntary or foundation school in
England which has been designated under section 69(3) of the School
Standards and Framework Act 1998 (c. 31) by the Secretary of State as having
a religious character to secure that—
35
(a)
any denominational education given to pupils, and
(b)
the content of the school’s collective worship,

are inspected under this section.
(2)
An inspection under this section is to be conducted by a person chosen—

Education Bill [HL]
Part 1 — School inspections and other inspections by school inspectors
Chapter 6 — Other inspections: England and Wales
30

(a)
in the case of a voluntary controlled school, by the foundation
governors, and
(b)
in any other case, by the governing body.
(3)
Inspections under this section must be carried out at such intervals as may be
prescribed.
5
(4)
It is the general duty of a person conducting an inspection under this section—
(a)
to report on the quality of the denominational education provided by
the school for any pupils to whom denominational education is given
by the school, and
(b)
to report on the content of the school’s collective worship,
10

and any such person may report on the spiritual, moral, social and cultural
development of pupils at the school.
(5)
A person conducting an inspection under this section may do so with the
assistance of such other persons chosen by him as are in his opinion fit and
proper persons for carrying out the inspection.
15
(6)
In this section and section 48—
“collective worship” means collective worship required by section 70 of
the School Standards and Framework Act 1998 (c. 31);
“prescribed” means prescribed by regulations made by the Secretary of
State.
20
48
Procedure for inspections under section 47
(1)
An inspection under section 47 must be carried out within such period as may
be prescribed.
(2)
When the inspection has been completed, the person conducting the inspection
must, before the end of the prescribed period, prepare in writing a report of the
25
inspection.
(3)
The person conducting the inspection must, without delay, send the report to
the governing body of the school concerned.
(4)
The governing body must—
(a)
make any such report available for inspection by members of the
30
public, at such times and at such a place as may be reasonable,
(b)
take such steps as are reasonably practicable to secure that every parent
of a registered pupil at the school—
(i)
for whom the school provides denominational education, or
(ii)
who takes part in acts of collective worship the content of which
35
falls to be inspected under section 47,

as the case may be, receives a copy of the report as soon as is reasonably
practicable, and
(c)
provide a copy of the report, free of charge or in prescribed cases on
payment of such fee as they think fit (not exceeding the cost of supply)
40
to any other person who asks for one.
49
Inspection of religious education: Wales
(1)
It is the duty of the governing body of any voluntary or foundation school in
Wales which has been designated under section 69(3) of the School Standards

Education Bill [HL]
Part 1 — School inspections and other inspections by school inspectors
Chapter 6 — Other inspections: England and Wales
31

and Framework Act 1998 (c. 31) by the Assembly as having a religious
character, to secure that—
(a)
any denominational education given to pupils, and
(b)
the content of the school’s collective worship,

are inspected under this section.
5
(2)
An inspection under this section is to be conducted by a person chosen—
(a)
in the case of a voluntary controlled school, by the foundation
governors, and
(b)
in any other case, by the governing body.
(3)
The person chosen need not be registered as an inspector under section 24.
10
(4)
Inspections under this section must be carried out at such intervals as may be
prescribed.
(5)
It is the general duty of a person conducting an inspection under this section—
(a)
to report on the quality of the denominational education provided by
the school for any pupils to whom denominational education is given
15
by the school, and
(b)
to report on the content of the school’s collective worship,

and any such person may report on the spiritual, moral, social and cultural
development of pupils at the school.
(6)
A person conducting an inspection under this section may do so with the
20
assistance of such other persons chosen by him as are in his opinion fit and
proper persons for carrying out the inspection.
(7)
Schedule 6 makes further provision with respect to inspections under this
section.
(8)
In this section (and that Schedule)—
25
“collective worship” means collective worship required by section 70 of
the School Standards and Framework Act 1998 (c. 31);
“prescribed” means prescribed by regulations made by the Assembly.
LEA inspections
50
Power of LEA to inspect maintained school for specific purpose
30
(1)
Where—
(a)
for the purpose of enabling them to exercise any function of theirs, a
local education authority require information about any matter in
connection with a school which is maintained by them, and
(b)
it is not reasonably practicable for them to obtain the information in any
35
other manner,

they may cause an inspection of the school to be made by one or more of their
officers for the purpose of obtaining the information.
(2)
An officer of a local education authority inspecting a school under this section
has at all reasonable times a right of entry to the premises of the school.
40

Education Bill [HL]
Part 1 — School inspections and other inspections by school inspectors
Chapter 6 — Other inspections: England and Wales
32

51
Provision of inspection services by LEAs in Wales
(1)
Any local education authority in Wales may provide a school inspection
service for schools within their area.
(2)
In this section “school inspection service”, in relation to any local education
authority in Wales, means a service providing for the inspection of schools
5
under section 27 or 49 by officers of the authority.
(3)
Any school inspection service provided by a local education authority in Wales
may, in addition to providing for the inspection of schools which are
maintained by them, provide for the inspection of schools which are not
maintained by them.
10
(4)
Any school inspection service provided by a local education authority in Wales
must be operated by the authority in such a way as can reasonably be expected
to ensure that the full cost of providing the service is recovered by way of
charges made by the authority to those using the service.
(5)
The Assembly may by regulations—
15
(a)
make provision as to the making of tenders by local education
authorities in Wales (as required by paragraph 2 of Schedule 4),
(b)
make provision with respect to the accounts to be kept by local
education authorities in connection with any school inspection services
provided by them, and
20
(c)
make such incidental and supplemental provision with respect to
school inspection services provided by local education authorities as
the Assembly considers appropriate.
Inspection of child minding, day care and nursery education
52
Inspection of child minding, day care and nursery education
25
Schedule 7 contains amendments relating to the inspection of child minding,
day care for children and nursery education.
Inspection of independent schools
53
Inspection of independent schools
Schedule 8 contains amendments relating to the inspection of independent
30
schools.
Inspection of careers services in Wales
54
Inspection of careers services in Wales
(1)
This section applies to relevant services provided in Wales in pursuance of
arrangements made or directions given by the Assembly under section 10 of
35
the Employment and Training Act 1973 (c. 50).
(2)
The Chief Inspector has the general duty of keeping the Assembly informed
about the quality of the relevant services provided in Wales in accordance with
such arrangements or directions.

Education Bill [HL]
Part 1 — School inspections and other inspections by school inspectors
Chapter 6 — Other inspections: England and Wales
33

(3)
In subsections (4) to (7) “a service provider” means a person who provides, or
arranges for the provision of, relevant services in accordance with such
arrangements or directions.
(4)
The Chief Inspector must inspect any service provider under this section at
prescribed intervals.
5
(5)
When asked to do so by the Assembly, the Chief Inspector must—
(a)
give advice to the Assembly on such matters relating to the provision
of relevant services in Wales in pursuance of such arrangements or
directions as may be specified in the Assembly’s request, or
(b)
inspect any service provider under this section.
10
(6)
The Chief Inspector may at any time—
(a)
give advice to the Assembly relating to the provision of relevant
services in Wales in pursuance of such arrangements or directions, or
(b)
inspect any service provider under this section.
(7)
An inspection of any service provider under this section is to consist of a
15
review of the way in which he is discharging his responsibilities under or by
virtue of the arrangements or directions in question, having regard to any
guidance given by the Assembly with respect to the provision of relevant
services.
(8)
In this section and sections 55 and 56—
20
“the Chief Inspector” means Her Majesty’s Chief Inspector for Education
and Training in Wales;
“prescribed” means prescribed by regulations;
“regulations” means regulations made by the Assembly;
“relevant services” has the same meaning as in sections 8 and 9 of the
25
Employment and Training Act 1973 (provision of careers services).
55
Inspection of services related to careers services in Wales
(1)
This section applies if a person (“a relevant provider”) who provides a relevant
service to which section 54 applies also provides in Wales education, training
or an advisory service—
30
(a)
in pursuance of arrangements made by the Assembly under section 2
of the Employment and Training Act 1973 (c. 50), or
(b)
with the assistance of a grant or loan made under section 12(1) of the
Industrial Development Act 1982 (c. 52).
(2)
The Chief Inspector has the general duty of keeping the Assembly informed
35
about the quality of any education, training or advisory services falling within
subsection (1) provided by relevant providers in Wales.
(3)
The Chief Inspector must inspect any relevant provider under this section at
prescribed intervals.
(4)
When asked to do so by the Assembly, the Chief Inspector must—
40
(a)
give advice to the Assembly on such matters relating to the provision
of education, training or advisory services falling within subsection (1)
by relevant providers, or
(b)
inspect any relevant provider under this section.
(5)
The Chief Inspector may at any time—
45

Education Bill [HL]
Part 1 — School inspections and other inspections by school inspectors
Chapter 6 — Other inspections: England and Wales
34

(a)
give advice to Assembly relating to the provision of education, training
or advisory services falling within subsection (1) by relevant providers,
or
(b)
inspect any relevant provider under this section.
(6)
An inspection of any relevant provider under this section is to consist of a
5
review of the way in which he is providing the education, training or advisory
service falling within subsection (1)(a) or (b).
56
Inspections under sections 54 and 55: further provisions
(1)
This section applies to any inspection under section 54 or 55.
(2)
The inspection must be conducted by one or more of the following—
10
(a)
any of Her Majesty’s Inspectors of Education and Training in Wales, or
(b)
any additional inspector authorised under paragraph 2 of Schedule 2;

but such an inspector or inspectors may be assisted by such other persons
(whether or not members of the Chief Inspector’s staff) as the Chief Inspector
thinks fit.
15
(3)
In conducting the inspection, the inspector or inspectors must act in
accordance with any instructions or guidelines given from time to time by the
Assembly.
(4)
The inspector conducting the inspection, and any person assisting him by
virtue of subsection (2), have at all reasonable times—
20
(a)
a right of entry to any premises where the relevant services, or as the
case requires the education, training or advisory services falling within
section 55(1), are provided, and
(b)
a right to inspect, and take copies of, any records or other documents
kept by the person being inspected, which he requires for the purposes
25
of the inspection.
(5)
It is an offence intentionally to obstruct—
(a)
the inspector conducting the inspection, or
(b)
any person assisting him by virtue of subsection (2),

in the exercise of his functions in relation to the inspection.
30
(6)
A person guilty of an offence under subsection (5) is liable on summary
conviction to a fine not exceeding level 4 on the standard scale.
(7)
Where the inspection has been completed, the Chief Inspector must—
(a)
prepare a written report on the inspection within a prescribed period,
(b)
send a copy of the report to—
35
(i)
the person inspected,
(ii)
the Assembly,
(iii)
any prescribed person, and
(iv)
any other person whom he considers appropriate, and
(c)
publish the report in the prescribed manner or, if none is prescribed, in
40
such manner as the Chief Inspector considers appropriate.
(8)
Subsections (3) and (4) of section 28 (which relate to defamation) apply to the
publication of a report under this section as they apply to the publication of a
report under either of the provisions mentioned in subsection (2) of that
section.
45

Education Bill [HL]
Part 1 — School inspections and other inspections by school inspectors
Chapter 7 — Supplementary
35

(9)
Regulations may require the person inspected to prepare a written statement
in response to the report of the inspection.
(10)
Regulations under subsection (9) may—
(a)
prescribe the matters to be dealt with in the statement,
(b)
prescribe the period within which it must be prepared, and
5
(c)
require the person who prepared it to send copies of the statement to
prescribed persons and to publish it in the prescribed manner.
Chapter 7
Supplementary
57
Inspection of computer records
10
A person authorised by any provision of this Part to inspect records or other
documents—
(a)
is entitled at any reasonable time to have access to, and inspect and
check the operation of, any computer and any associated apparatus or
material which is or has been in use in connection with the records or
15
other documents in question, and
(b)
may require—
(i)
the person by whom or on whose behalf the computer is or has
been so used, or
(ii)
any person having charge of, or otherwise concerned with the
20
operation of, the computer, apparatus or material,

to afford him such assistance as he may reasonably require (including,
in particular, the making of information available for inspection or
copying in a legible form).
58
Combined reports
25
(1)
For the purposes of this section “the inspection enactments” are—
(a)
this Part,
(b)
Part 10A of the Children Act 1989 (c. 41) (child minding and day care
for children),
(c)
section 122 of, and Schedule 26 to, the School Standards and
30
Framework Act 1998 (c. 31) (inspection of nursery education), and
(d)
Chapter 1 of Part 10 of the Education Act 2002 (c. 32) (regulation of
independent schools).
(2)
Where, following inspections conducted under two or more inspection
enactments by one person or two or more different persons, that person is (or
35
those persons are) required to make a report under each of those enactments,
nothing in any of those enactments is to be regarded as preventing him (or
them) from—
(a)
including those reports in a single document (“a combined report”),
and
40
(b)
to such extent as he considers (or they consider) appropriate,
combining the substantive reports required by those enactments.
(3)
Where a combined report is made, any reference in the inspection enactments
to the publication of a report, or to the giving, or making available, to any