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 1 — School inspectors and school inspections: England
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Duty to notify parents of section 5 inspection
(1)
If the appropriate authority for a school to which section 5 applies is notified
by, or under arrangements made by, the Chief Inspector that the Chief
Inspector is proposing to inspect the school under that section, the appropriate
authority must take such steps as are reasonably practicable to notify—
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(a)
the parents of registered pupils at the school, and
(b)
such other persons as may be prescribed,

of the time when the inspection is to take place.
(2)
In subsection (1) “appropriate authority” means—
(a)
in relation to a community, foundation or voluntary school, a
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community or foundation special school or a maintained nursery
school, the school’s governing body or, if the school does not have a
delegated budget, the local education authority, and
(b)
in relation to a school falling within any of paragraphs (d) to (g) of
section 5(2), the proprietor of the school.
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Inspection at discretion of Chief Inspector
The Chief Inspector may inspect any school in England, in circumstances
where he is not required by section 2(2)(b) or 5 to do so.
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Power of Chief Inspector to treat other inspection as section 5 inspection
I f the Chief Inspector so elects in the case of any inspection under section
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2(2)(b) or 7 of a school to which section 5 applies, that inspection is to be treated
for the purposes of section 5(1) and of Chapter 2 as if it were an inspection
under section 5.
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Power of entry etc. for purposes of inspection under section 5 or 7
(1)
When inspecting a school under section 5 or 7, the Chief Inspector has at all
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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
arrangements made by the school, any pupils who—
(i)
are registered at the school, and
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(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”),
(c)
a right of entry to any premises of the provider used in connection with
the provision by him of that education,
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(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
(e)
a right to inspect and take copies of—
(i)
any records kept by the provider relating to the provision of
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education for pupils registered at the school, and
(ii)
any other documents containing information relating to the
provision of such education by the provider,

which the Chief Inspector considers relevant to the discharge of his
functions.
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Education Bill [HL]
Part 1 — School inspections and other inspections by school inspectors
Chapter 2 — Procedure for inspections under Chapter 1
6

(2)
It is an offence intentionally to obstruct the Chief Inspector in relation to the
inspection of a school for the purposes of section 5 or 7.
(3)
A person guilty of an offence under subsection (2) is liable on summary
conviction to a fine not exceeding level 4 on the standard scale.
Publication of inspection reports
5
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Publication of inspection reports
(1)
The Chief Inspector may arrange for any report 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) to be published in such manner as he considers appropriate.
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(2)
Without prejudice to the generality of—
(a)
section 3(c), or
(b)
subsection (1),

the Chief Inspector may arrange for a report to which that provision applies to
be published by electronic means.
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(3)
For the purposes of the law of defamation any report published by the Chief
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.
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Interpretation of Chapter
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Interpretation of Chapter 1
In this Chapter—
“the Chief Inspector” means Her Majesty’s Chief Inspector of Schools in
England;
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“prescribed” means prescribed by regulations;
“regulations” means regulations made by the Secretary of State under this
Chapter;
“well-being”, in relation to pupils at a school, is a reference to their well-
being having regard to the matters mentioned in section 10(2) of the
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Children Act 2004.
Chapter 2
Procedure for inspections under Chapter 1
Inspections and reports: all schools
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Duties of Chief Inspector where school causes or has caused concern
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(1)
If, on completion of a section 5 inspection of a school, the Chief Inspector is of
the opinion—

Education Bill [HL]
Part 1 — School inspections and other inspections by school inspectors
Chapter 2 — Procedure for inspections under Chapter 1
7

(a)
that special measures are required to be taken in relation to the school,
or
(b)
that the school requires significant improvement,

he must comply with subsections (2) and (3).
(2)
The Chief Inspector must without delay give a notice in writing, stating that the
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case falls within paragraph (a) or (b) of subsection (1)—
(a)
to the Secretary of State,
(b)
in the case of a maintained school, to the local education authority, and
(c)
in the case of any other school, to the proprietor of the school.
(3)
The Chief Inspector must state his opinion in the report of the inspection.
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(4)
If a report of a section 5 inspection is made in circumstances where—
(a)
in the latest report of an inspection of the school, the Chief Inspector
stated that in his opinion special measures were required to be taken in
relation to the school, but
(b)
the Chief Inspector is of the opinion that special measures are not
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required to be taken in relation to the school,

he must state his opinion in the report (whether or not he is required by
subsection (3) also to state the opinion that the school requires significant
improvement).
(5)
If a report of a section 5 inspection is made in circumstances where—
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(a)
in the latest report of an inspection of the school, the Chief Inspector
stated that in his opinion the school required significant improvement,
but
(b)
the Chief Inspector is of the opinion that the school does not require
significant improvement and that special measures are not required to
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be taken in relation to the school,

he must state his opinion in the report.
Destination of reports and measures required: maintained schools
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Destination of reports: maintained schools
(1)
The Chief Inspector must ensure that a copy of the report of any section 5
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inspection of a maintained school is sent without delay to the appropriate
authority for the school.
(2)
The Chief Inspector must ensure that copies of the report are sent—
(a)
to the head teacher of the school,
(b)
to whichever of the local education authority and the governing body
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are not the appropriate authority,
(c)
in the case of a school having foundation governors, to the person who
appoints them and (if different) to the appropriate appointing
authority, and
(d)
in such circumstances as may be prescribed, to such other persons (if
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any) as may be prescribed.
(3)
If the school provides full-time education suitable to the requirements of pupils
over compulsory school age, the Chief Inspector must ensure that a copy of the
report is also sent to the Learning and Skills Council for England.

Education Bill [HL]
Part 1 — School inspections and other inspections by school inspectors
Chapter 2 — Procedure for inspections under Chapter 1
8

(4)
The appropriate authority must—
(a)
make a copy of any report sent to the authority under subsection (1)
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, free of charge or in prescribed cases on
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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
the report within such period following receipt of the report by the
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authority as may be prescribed.
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Measures to be taken by local education authority
(1)
This section applies where, in a report of a section 5 inspection of a maintained
school, the Chief Inspector stated either—
(a)
that in his opinion special measures were required to be taken in
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relation to the school, or
(b)
that in his opinion the school required significant improvement.
(2)
The local education authority must—
(a)
prepare a written statement of any action they propose to take in the
light of the report, and the period within which they propose to take
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such action, or, if they do not propose to take such action, of their
reasons for not doing so, and
(b)
send a copy of the statement prepared under paragraph (a) to the Chief
Inspector and, in the case of a voluntary aided school—
(i)
to the person who appoints the foundation governors, and
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(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—
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(i)
the report states that the Chief Inspector is of the opinion that
special measures are required to be taken in relation to the
school, and
(ii)
the Secretary of State is of the opinion that the urgency of the
case requires a shorter period,
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such shorter period as the Secretary of State 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
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Destination of reports: non-maintained schools
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(1)
The Chief Inspector must ensure that a copy of the report of any section 5
inspection of a school other than a maintained school is sent without delay to
the proprietor of the school.
(2)
In the case of a special school which is not a community or foundation special
school, the proprietor must without delay send a copy of any report sent to him
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Education Bill [HL]
Part 1 — School inspections and other inspections by school inspectors
Chapter 2 — Procedure for inspections under Chapter 1
9

under subsection (1) to any local education authority that is paying fees in
respect of the attendance of a registered pupil at the school.
(3)
The proprietor of the school must—
(a)
make any report sent to him under subsection (1) available for
inspection by members of the public at such times and at such place as
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may be reasonable,
(b)
provide a copy of the report, free of charge or in prescribed cases on
payment of such fee as he thinks 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
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registered parent of a registered pupil at the school receives a copy of
the report within such period following receipt of the report by the
proprietor as may be prescribed.
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Statement to be prepared by proprietor of school
(1)
Where there is sent to the proprietor of a school other than a maintained school
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a report of a section 5 inspection in which the Chief Inspector states—
(a)
that he is of the opinion that special measures are required to be taken
in relation to the school, or
(b)
that he is of the opinion that the school requires significant
improvement,
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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 of the school to prepare the statement within the
period allowed by this subsection, that is—
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(a)
such period as may be prescribed, or
(b)
if—
(i)
the report states that the Chief Inspector is of the opinion that
special measures are required to be taken in relation to the
school, and
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(ii)
the Secretary of State is of the opinion that the urgency of the
case requires a shorter period,

such shorter period as the Secretary of State 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.
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(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—
(a)
to the Chief Inspector, and
(b)
in such circumstances as may be prescribed, to such other persons (if
any) as may be prescribed.
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(4)
In the case of a special school which is not a community or foundation special
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.
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