Education Act 2005 (c. 18)

(The document as of February, 2008)

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(b) he is no longer capable of assisting in an inspection competently and effectively;

(c) there has been a significant failure on his part to comply with any condition imposed under section 25(4)(c) (as it applies in accordance with sub-paragraph (4)).

(7) Without prejudice to the generality of paragraph 2(1) of Schedule 3, regulations under that provision may provide that, where a person is appealing simultaneously --

(a) against a decision of the Chief Inspector relating to that person's registration, and

(b) against a decision of the Chief Inspector relating to that person's enrolment in the list,

both appeals are to be heard at the same time.

Training for inspections

5 (1) No person who is not a member of the Inspectorate may conduct an inspection of a school in Wales, or act as a member of an inspection team for such a school, unless he has, in the opinion of the Chief Inspector, satisfactorily completed a course of training provided by, or complying with arrangements approved by, the Chief Inspector.

(2) Where the Chief Inspector provides such training he may charge such fees as are reasonable for the purpose of recovering the whole, or part, of the cost of providing it.

(3) Sub-paragraph (1) does not apply in such circumstances as may be specified, either generally or in relation to a particular case or class of case, by the Chief Inspector.

Meeting with parents

6 Where an inspection is arranged, the appropriate authority for the school concerned must--

(a) take such steps as are reasonably practicable to notify--

(i) the parents of registered pupils at the school, and

(ii) such other persons as may be prescribed,

of the time when the inspection is to take place, and

(b) arrange a meeting, in accordance with such provisions as may be prescribed, between the inspector conducting the inspection and those parents of registered pupils at the school who wish to attend.

Rights of entry etc.

7 (1) An inspector conducting an inspection, and the members of his inspection team, have at all reasonable times--

(a) a right of entry to the premises of the school concerned, and

(b) 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 requires for the purposes of the inspection.

(2) Where--

(a) pupils registered at the school concerned are, by arrangement with another school, receiving part of their education at the other school, and

(b) the inspector is satisfied that he cannot properly discharge his duty under section 28(5) in relation to the school concerned without inspecting the provision made for those pupils at that other school,

sub-paragraph (1) applies in relation to that other school as it applies in relation to the school concerned.

(3) An inspector conducting an inspection of a school, and the members of his inspection team, also have at all reasonable times--

(a) a right of entry to any premises (other than school premises) on which, by virtue of arrangements made by the school, any pupils who--

(i) are registered at the school, and

(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");

(b) a right of entry to any premises of the provider used in connection with the provision by him of that education, and

(i) any records kept by the provider relating to the provision of that education, and

(ii) any other documents containing information so relating,

which the inspector or (as the case may be) member of the team requires for the purposes of the inspection.

Offence of obstructing inspector or inspection team

8 (1) It is an offence intentionally to obstruct--

(a) the inspector conducting the inspection, or

(b) a member of an inspection team,

in the exercise of his functions in relation to an inspection of a school.

(2) A person guilty of an offence under sub-paragraph (1) is liable on summary conviction to a fine not exceeding level 4 on the standard scale.

Replacement of inspector during course of inspection

9 (1) This paragraph applies to an inspection where, at any time--

(a) after the meeting required by paragraph 6 is held, but

(b) before the making of the report of the inspection is completed,

the inspector conducting the inspection becomes (for any reason) unable to continue to discharge his functions as an inspector in relation to the inspection.

(2) If the conditions set out in sub-paragraph (3) are satisfied--

(a) the Chief Inspector may arrange for that person to be replaced as the inspector conducting the inspection by another person who is either a registered inspector or a member of the Inspectorate, and

(b) if he does so, anything done by or in relation to that person in connection with the inspection is, so far as necessary for his effectual replacement by that other inspector, to be regarded as done by or in relation to that other inspector.

(3) The conditions are--

(a) that the appropriate authority for the school concerned have given the Chief Inspector notice in writing of their agreement to the inspector mentioned in sub-paragraph (1) being replaced under this paragraph, and

(b) that the replacement inspector does not have, and has not at any time had, any connection of the kind mentioned in paragraph 3(5) with the school in question or with any other person mentioned there.

Section 46

SCHEDULE 5 Sixth forms requiring significant improvement

1 In this Schedule "the 2000 Act" means the Learning and Skills Act 2000 (c. 21).

2 (1) Section 113 of the 2000 Act (inadequate sixth-forms) is amended as follows.

(2) In subsection (1), and in the heading to the section, for "inadequate sixth-forms" substitute "sixth forms requiring significant improvement".

(3) For subsection (2) substitute--

" (2) Expressions used in that Schedule and in Chapter 2 or 4 of Part 1 of the Education Act 2005 have--

(a) in relation to schools in England, the same meaning as in Chapter 2 of that Part, and

(b) in relation to schools in Wales, the same meaning as in Chapter 4 of that Part. "

3 (1) Schedule 7 to the 2000 Act (inadequate sixth forms) is amended as follows.

(2) For the heading to the Schedule, substitute "Sixth forms requiring significant improvement".

(3) In paragraph 1, for sub-paragraph (2) substitute--

" (2) For the purposes of those paragraphs a school requires significant improvement in relation to its sixth form if--

(a) the school is failing to give its pupils over compulsory school age an acceptable standard of education, or

(b) in relation to its provision for pupils over compulsory school age, the school is performing significantly less well than it might in all the circumstances reasonably be expected to perform. "

(4) For paragraph 2 substitute--

" 2 If a person who inspects a school--

(a) states in his report an opinion, in accordance with section 13(4), 34(7) or 35 (2) or (5) of the Education Act 2005 (school no longer requiring special measures), that special measures are not required to be taken in relation to the school, but

(b) is of the opinion that the school requires significant improvement in relation to its sixth form,

he shall state that opinion in his report. "

(5) In paragraph 3--

(a) in sub-paragraph (1) for "has an inadequate sixth-form" substitute "requires significant improvement in relation to its sixth form", and

(b) for sub-paragraph (3) substitute--

" (3) The report shall be treated for all purposes of this Schedule and Part 1 of the Education Act 2005 (inspections) as if it were a report of an inspection of a school under section 5 or 28 of that Act. "

(6) In paragraph 4--

(a) in sub-paragraph (1)--

(i) in paragraph (a), for "has an inadequate sixth form" substitute "requires significant improvement in relation to its sixth form", and

(ii) in paragraph (b), after "where" insert "the report relates to a school in Wales and",

(b) in sub-paragraph (2)--

(i) for paragraph (a) substitute--

" (a) a report of an inspection under Chapter 1 or 3 of Part 1 of the Education Act 2005 states the opinion that the school requires significant improvement in relation to its sixth form, " , and

(ii) at the beginning of paragraph (c) insert "in the case of a school in Wales".

(7) In paragraph 5--

(a) in sub-paragraph (1)--

(i) for "Part I of the Schools Inspection Act 1996" substitute "Chapter 1 or 3 of Part 1 of the Education Act 2005", and

(ii) in paragraph (b), for "have an inadequate sixth-form" substitute "require significant improvement in relation to its sixth form", and

(b) in sub-paragraph (2), after "Where" insert ", in the case of a school in Wales,".

(8) In paragraph 6--

(a) for sub-paragraph (1) substitute--

" (1) This paragraph applies to a report of an inspection under Chapter 1 or 3 of Part 1 of the Education Act 2005 which--

(a) states an opinion that a school requires significant improvement in relation to its sixth form, and

(b) in the case of a school in Wales, is made by a member of the Inspectorate or states that the Chief Inspector agrees with the opinion mentioned in paragraph (a). " ,

(b) in sub-paragraph (2), for paragraph (b) substitute--

" (b) if either--

(i) the school is in England, or

(ii) the school is in Wales and the person making the report is a member of the Inspectorate,

to the appropriate authority for the school. "

" (3) The following provisions of the Education Act 2005 shall apply (with the necessary modifications) in relation to a report to which this paragraph applies--

(a) in the case of a school in England--

(i) section 14(2) (additional copies),

(ii) section 14(4) (publication by appropriate authority), and

(iii) where the local education authority receives a copy of a report about a school the governing body of which have a delegated budget, section 15(2) and (3) (measures by local education authority), and

(b) in the case of a school in Wales--

(i) section 38(2) (additional copies),

(ii) section 38(4) (publication by appropriate authority),

(iii) section 39 (action plan by appropriate authority), and

(iv) where the local education authority receives a copy of a report about a school the governing body of which have a delegated budget, section 40(2) and (3) (measures by local education authority). "

(9) For paragraph 7 substitute--

" 7 (1) Where a person who inspects a school is of the opinion that a school requires significant improvement in relation to its sixth form, the provisions specified in sub-paragraph (2) shall apply, with the necessary modifications, as they apply where he is of the opinion that special measures are required to be taken in relation to the school.

(2) Those provisions are--

(a) in the case of a school in England, section 13(1) to (3) of the Education Act 2005 (duty of Chief Inspector to send draft report to governing body or proprietor, to consider their comments and to state opinion in report), and

(b) in the case of a school in Wales, section 34(1) to (6) of that Act (registered inspectors) or, as the case requires, section 35(1) of that Act (members of the Inspectorate). "

(10) Omit paragraph 9.

(11) In paragraph 10--

(a) in sub-paragraph (1)(b), for "has significant weaknesses in one or more area of its activities" substitute "requires significant improvement", and

(b) in sub-paragraph (3)--

(i) for "the School Inspections Act 1996" substitute "Part 1 of the Education Act 2005", and

(ii) for "section 10" substitute "section 5 or 28".

(12) In paragraph 11--

(a) for sub-paragraph (1) substitute--

" (1) Parts 2 and 3 of this Schedule shall apply--

(a) in relation to a school in England, if a report of an inspection of the school made under Chapter 1 of Part 1 of the Education Act 2005 states--

(i) in accordance with subsection (4) of section 13, an opinion that special measures are not required to be taken in relation to the school, and

(ii) in accordance with subsection (3)(b) of that section, an opinion that the school requires significant improvement,

(b) in relation to a school in Wales, if--

(i) a report of an inspection of the school made under Chapter 3 of Part 1 of the Education Act 2005 states in accordance with section 34(7) or 35(5) an opinion that special measures are not required to be taken in relation to the school,

(ii) the report also states in accordance with section 34(6) or 35(4) an opinion that the school requires significant improvement, and

(iii) where the person making the report is not a member of the Inspectorate, the report also states that the Chief Inspector agrees with his opinion. "

(b) in sub-paragraph (2)--

(i) for paragraph (a) substitute--

" (a) a report of an inspection under Chapter 1 or 3 of Part 1 of the Education Act 2005 states that special measures are required to be taken in relation to the school or that the school requires significant improvement, " , and

(ii) at the beginning of paragraph (c) insert "in the case of a school in Wales".

(13) In paragraph 12--

(a) in sub-paragraph (1)--

(i) for "Part I of the School Inspections Act 1996" substitute "Chapter 1 or 3 of Part 1 of the Education Act 2005", and

(ii) in paragraph (b), for "have significant weaknesses in one or more areas of its activities" substitute "require significant improvement", and

(b) in sub-paragraph (2), after "Where" insert ", in the case of a school in Wales,".

(14) In paragraph 13--

(a) for sub-paragraph (1) substitute--

" (1) This paragraph applies to a report of an inspection under Chapter 1 or 3 of Part 1 of the Education Act 2005 which--

(a) states an opinion that a school requires significant improvement, and

(b) in the case of a school in Wales, is made by a member of the Inspectorate or states that the Chief Inspector agrees with the opinion mentioned in paragraph (a). " ,

(b) in sub-paragraph (2), for paragraph (b) substitute--

" (b) if either--

(i) the school is in England, or

(ii) the school is in Wales and the person making the report is a member of the Inspectorate,

to the appropriate authority for the school. "

" (3) The following provisions of the Education Act 2005 shall apply (with the necessary modifications) in relation to a report to which this paragraph applies--

(a) in the case of a school in England--

(i) section 14(2) (additional copies),

(ii) section 14(4) (publication by appropriate authority), and

(b) in the case of a school in Wales--

(i) section 38(2) (additional copies),

(ii) section 38(4) (publication by appropriate authority),

(iii) section 39 (action plan by appropriate authority), and

(15) Omit paragraph 14.

Section 50

SCHEDULE 6 Inspections of denominational education in Wales

Interpretation

1 In this Schedule--

"inspection" means an inspection of a school under section 50;
"inspector" means the person conducting the inspection.

Inspectors' reports

2 (1) An inspection must be carried out within such period as may be prescribed.

(2) When an inspection has been completed, the inspector must, before the end of the period prescribed for the purposes of this sub-paragraph, prepare in writing a report of the inspection and a summary of the report.

(3) The inspector must, without delay, send the report and summary to the governing body for the school concerned.

(4) The governing body must--

(a) make any such report and its accompanying summary available for inspection by members of the public, at such times and at such a 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 the cost of supply), to any person who asks for one, and

(i) for whom the school provides denominational education, or

(ii) who takes part in an act of collective worship the content of which falls to be inspected under section 50,

as the case may be, receives a copy of the summary as soon as is reasonably practicable.

Action plans

3 (1) The governing body to whom an inspector has reported under this Schedule must, before the end of the prescribed period, prepare a written statement ("the action plan") of the action which they propose to take in the light of his report and the period within which they propose to take it.

(2) Where an action plan has been prepared by a governing body, they must, before the end of the prescribed period, send copies of it to the person who appoints the school's foundation governors, to the local education authority and to such other persons (if any), in such circumstances, as may be prescribed.

(3) The governing body must--

(a) make any action plan prepared by them available for inspection by members of the public, at such times and at such a place as may be reasonable,

(b) provide a copy of the plan, 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

(i) for whom the school provides denominational education, or

(ii) who takes part in acts of collective worship the content of which falls to be inspected under section 50,

as the case may be, receives a copy of the plan as soon as is reasonably practicable.

(4) Where the governing body of a school have prepared an action plan, they must include in their governors' report under section 30 of the Education Act 2002 (c. 32) a statement of the extent to which the proposals set out in the plan have been carried into effect.

(5) Sub-paragraph (4) applies only in relation to the most recent action plan for the school in question.

Section 53

SCHEDULE 7 Inspection of child minding, day care and nursery education

Part 1 Child minding and day care: amendments of Children Act 1989

1 (1) Section 79N of the Children Act 1989 (c. 41) (general functions of the Chief Inspector) is amended as follows.

(2) For subsection (1) substitute--

" (1) The Chief Inspector has the general duty of keeping the Secretary of State informed about--

(a) the quality and standards of child minding and day care provided in England,

(b) how far child minding and day care provided in England meet the needs of the range of children for whom they are provided,

(c) the contribution made by child minding and day care provided in England to the well-being of the children for whom they are provided, and

(d) the quality of leadership and management in connection with the provision of day care in England.

(1A) In subsection (1)(c), the reference to well-being is a reference to well-being having regard to the matters mentioned in section 10(2) of the Children Act 2004. "

(3) In subsection (6)--

(a) for "subsection (7)(a) of section 2 of the School Inspections Act 1996" substitute "section 3(a) of the Education Act 2005", and

(b) for "subsection (7)(b) of that section" substitute "section 3(b) of that Act".

2 Omit section 79P of the Children Act 1989 (early years child care inspectorate for England).

3 (1) Section 79Q of the Children Act 1989 (inspection of provision of child minding and day care in England) is amended as follows.

(2) In subsection (1), for "provision" substitute "provider".

(3) In subsection (2), omit "or secure the inspection by a registered inspector of".

(4) In subsection (3), omit "or secure the inspection by a registered inspector of".

(5) Omit subsection (4).

(6) After subsection (5) insert--

" (5A) Regulations may make provision requiring a registered person, except in prescribed cases, to notify prescribed persons of the fact that any child minding or day care provided by the registered person is to be inspected under this section. "

(7) For subsection (6) substitute--

" (6) When conducting an inspection under this section the Chief Inspector shall report in writing on--

(a) the quality and standards of the child minding or day care provided,

(b) how far the child minding or day care meets the needs of the range of children for whom it is provided,

(c) the contribution made by the child minding or day care to the well-being of the children for whom it is provided, and

(d) in the case of day care, the quality of leadership and management in connection with its provision.

(6A) In subsection (6)(c), the reference to well-being is a reference to well-being having regard to the matters mentioned in section 10(2) of the Children Act 2004. "

(8) Omit subsection (7).

4 (1) Section 79R of the Children Act 1989 (c. 41) (reports of inspections) is amended as follows.

(2) Omit subsections (1) and (2).

(3) For subsection (3) substitute--

" (3) Where the Chief Inspector reports on an inspection under section 79Q he--

(a) may send a copy of the report to the Secretary of State, and shall do so without delay if the Secretary of State requests a copy;

(b) shall ensure that a copy of the report is sent to the registered person providing the child minding or day care that was inspected;

(c) shall ensure that copies of the report, or such parts of it as he considers appropriate, are sent to such other authorities or persons as may be prescribed; and

(d) may arrange for the report (or parts of it) to be further published in any manner he considers appropriate. "

(4) After subsection (3) insert--

" (3A) Regulations may make provision--

(a) requiring a registered person to make a copy of any report sent to him under subsection (3)(b) available for inspection by prescribed persons,

(b) requiring a registered person, except in prescribed cases, to provide a copy of the report to prescribed persons, and

(5) For subsection (4) substitute--

" (4) Subsections (2) to (4) of section 11 of the Education Act 2005 (publication of inspection reports) shall apply in relation to the publication of a report under subsection (3) as they apply in relation to the publication of a report under any of the provisions mentioned in subsection (2) of section 11. "

5 (1) Section 79T of the Children Act 1989 (c. 41) (inspection: Wales) is amended as follows.

(2) In subsection (2)(a), omit "the quality and standards of".

(3) In subsection (4), for "section 42A of the School Inspections Act 1996" substitute "section 29 of the Education Act 2005".

6 In section 79U of the Children Act 1989 (rights of entry etc.), in subsection (4), for "Section 42 of the School Inspections Act 1996" substitute "Section 58 of the Education Act 2005".

Part 2 Nursery education: amendments of School Standards and Framework Act 1998

7 (1) Section 122 of the School Standards and Framework Act 1998 (c. 31) (inspection of nursery education) is amended as follows.

(2) In subsection (3), for "the Chief Inspector" substitute "the Chief Inspector for Wales".

(3) In subsection (4), for ""the Chief Inspector" means Her Majesty's Chief Inspector of Schools in England or" substitute ""the Chief Inspector for Wales" means".

8 Schedule 26 to the School Standards and Framework Act 1998 (inspection of nursery education) is amended as follows.

9 (1) Paragraph 1 is amended as follows.

(2) In sub-paragraph (1)--

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