(1) Her Majesty may by Order in Council appoint a person to the office of Her Majesty’s Chief Inspector of Schools in England (“the Chief Inspector for England”).
(2) Her Majesty may by Order in Council appoint persons as Her Majesty’s Inspectors of Schools in England.
(3) Any person appointed as one of Her Majesty’s Inspectors of Schools in England shall serve, in accordance with the terms and conditions on which he is appointed, as a member of the staff of the Chief Inspector for England.
(4) The Chief Inspector for England shall hold and vacate office in accordance with the terms of his appointment, but—
(a) shall not be appointed for a term of more than five years;
(b) may at any time resign by giving written notice to the Secretary of State;
(c) may be removed from office by Her Majesty on the ground of incapacity or misconduct.
(5) The previous appointment of a person as Chief Inspector for England shall not affect his eligibility for re-appointment.
(6) Schedule 1 to this Act makes further provision with respect to the Chief Inspector for England and his staff.
(1) The Chief Inspector for England shall have the general duty of keeping the Secretary of State informed about—
(a) the quality of the education provided by schools in England;
(b) the educational standards achieved in those schools;
(c) whether the financial resources made available to those schools are managed efficiently; and
(d) the spiritual, moral, social and cultural development of pupils at those schools.
(2) When asked to do so by the Secretary of State, the Chief Inspector for England shall—
(a) give advice to the Secretary of State on such matters as may be specified in the Secretary of State’s request;
(b) inspect and report on such school, or class of school, in England as may be so specified.
(3) The Chief Inspector for England shall, in addition, have the following specific duties—
(a) establishing and maintaining the register mentioned in section 7(1);
(b) giving guidance to inspectors registered in that register, and such other persons as he considers appropriate, in connection with inspections of schools in England under section 10 and the making of reports of such inspections;
(c) keeping under review the system of inspecting schools under that section (so far as it relates to schools in England) and, in particular, the standard of such inspections and of the reports made by registered inspectors;
(d) keeping under review the extent to which any requirement imposed by or under this Act, or any other enactment, on any registered inspector, local education authority, proprietor of a school or governing body in relation to inspections of schools in England is complied with;
(e) promoting efficiency in the conduct and reporting of inspections of schools in England by encouraging competition in the provision of services by registered inspectors.
(4) The Chief Inspector for England may at any time give advice to the Secretary of State on any matter connected with schools, or a particular school, in England.
(5) The Chief Inspector for England shall have such other functions in connection with schools in England, including functions with respect to the training of teachers for such schools, as may be assigned to him by the Secretary of State.
(6) In exercising his functions the Chief Inspector for England shall have regard to such aspects of government policy as the Secretary of State may direct.
(7) The Chief Inspector for England—
(a) shall make an annual report to the Secretary of State, who shall lay a copy of it before each House of Parliament;
(b) may make such other reports to the Secretary of State, with respect to matters which fall within the scope of his functions, as he considers appropriate; and
(c) may arrange for any report made by him under this subsection to be published in such manner as he considers appropriate.
(8) The Chief Inspector for England, when inspecting a school for the purposes of subsection (2)(b), shall have at all reasonable times—
(a) a right of entry to the premises of the school; 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.
(9) It shall be an offence wilfully to obstruct the Chief Inspector for England in the exercise of his functions in relation to the inspection of a school for the purposes of subsection (2)(b).
(10) A person guilty of an offence under subsection (9) shall be liable on summary conviction to a fine not exceeding level 4 on the standard scale.
(1) The Chief Inspector for England may cause any school in England to be inspected by one or more of Her Majesty’s Inspectors of Schools in England (in this section referred to as “Inspectors”).
(2) Where an inspection of a school in England is being conducted by a registered inspector under section 10 of this Act, the Chief Inspector for England may arrange for that inspection to be monitored by one or more Inspectors.
(3) Any Inspector inspecting a school, or monitoring an inspection, under this section shall have at all reasonable times—
(a) a right of entry to the premises of the school; 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 considers relevant to the discharge of his functions.
(4) It shall be an offence wilfully to obstruct any Inspector in the exercise of any of his functions under this section.
(5) A person guilty of an offence under subsection (4) shall be liable on summary conviction to a fine not exceeding level 4 on the standard scale.
(1) Her Majesty may by Order in Council appoint a person to the office of Her Majesty’s Chief Inspector of Schools in Wales (“the Chief Inspector for Wales”).
(2) Her Majesty may by Order in Council appoint persons as Her Majesty’s Inspectors of Schools in Wales.
(3) Any person appointed as one of Her Majesty’s Inspectors of Schools in Wales shall serve, in accordance with the terms and conditions on which he is appointed, as a member of the staff of the Chief Inspector for Wales.
(4) The Chief Inspector for Wales shall hold and vacate office in accordance with the terms of his appointment, but—
(a) shall not be appointed for a term of more than five years;
(b) may at any time resign by giving written notice to the Secretary of State;
(c) may be removed from office by Her Majesty on the ground of incapacity or misconduct.
(5) The previous appointment of a person as Chief Inspector for Wales shall not affect his eligibility for re-appointment.
(6) Schedule 1 to this Act makes further provision with respect to the Chief Inspector for Wales and his staff.
(1) The Chief Inspector for Wales shall have the general duty of keeping the Secretary of State informed about—
(a) the quality of the education provided by schools in Wales;
(b) the educational standards achieved in those schools;
(c) whether the financial resources made available to those schools are managed efficiently; and
(d) the spiritual, moral, social and cultural development of pupils at those schools.
(2) When asked to do so by the Secretary of State, the Chief Inspector for Wales shall—
(a) give advice to the Secretary of State on such matters as may be specified in the Secretary of State’s request;
(b) inspect and report on such school, or class of school, in Wales as may be so specified.
(3) The Chief Inspector for Wales shall, in addition, have the following specific duties—
(a) establishing and maintaining the register mentioned in section 7(2);
(b) giving guidance to inspectors registered in that register, and such other persons as he considers appropriate, in connection with inspections of schools in Wales under section 10 and the making of reports of such inspections;
(c) keeping under review the system of inspecting schools under that section (so far as it relates to schools in Wales) and, in particular, the standard of such inspections and of the reports made by registered inspectors;
(d) keeping under review the extent to which any requirement imposed by or under this Act, or any other enactment, on any registered inspector, local education authority, proprietor of a school or governing body in relation to inspections of schools in Wales is complied with;
(e) promoting efficiency in the conduct and reporting of inspections of schools in Wales by encouraging competition in the provision of services by registered inspectors.
(4) The Chief Inspector for Wales may at any time give advice to the Secretary of State on any matter connected with schools, or a particular school, in Wales.
(5) The Chief Inspector for Wales shall have such other functions in connection with schools in Wales, including functions with respect to the training of teachers for such schools, as may be assigned to him by the Secretary of State.
(6) In exercising his functions the Chief Inspector for Wales shall have regard to such aspects of government policy as the Secretary of State may direct.
(7) The Chief Inspector for Wales—
(a) shall make an annual report to the Secretary of State, who shall lay a copy of it before each House of Parliament;
(b) may make such other reports to the Secretary of State, with respect to matters which fall within the scope of his functions, as he considers appropriate; and
(c) may arrange for any report made by him under this subsection to be published in such manner as he considers appropriate.
(8) The Chief Inspector for Wales, when inspecting a school for the purposes of subsection (2)(b), shall have at all reasonable times—
(a) a right of entry to the premises of the school; 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.
(9) It shall be an offence wilfully to obstruct the Chief Inspector for Wales in the exercise of his functions in relation to the inspection of a school for the purposes of subsection (2)(b).
(10) A person guilty of an offence under subsection (9) shall be liable on summary conviction to a fine not exceeding level 4 on the standard scale.
(1) The Chief Inspector for Wales may cause any school in Wales to be inspected by one or more of Her Majesty’s Inspectors of Schools in Wales (in this section referred to as “Inspectors”).
(2) Where an inspection of a school in Wales is being conducted by a registered inspector under section 10, the Chief Inspector for Wales may arrange for that inspection to be monitored by one or more Inspectors.
(3) Any Inspector inspecting a school, or monitoring an inspection, under this section shall have at all reasonable times—
(a) a right of entry to the premises of the school; 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 considers relevant to the discharge of his functions.
(4) It shall be an offence wilfully to obstruct any Inspector in the exercise of any of his functions under this section.
(5) A person guilty of an offence under subsection (4) shall be liable on summary conviction to a fine not exceeding level 4 on the standard scale.
(1) No person shall conduct an inspection of any school in England under section 10(1) unless he is registered as an inspector in a register kept by the Chief Inspector for England for the purposes of this Part.
(2) No person shall conduct an inspection of any school in Wales under section 10(2) unless he is registered as an inspector in a register kept by the Chief Inspector for Wales for the purposes of this Part.
(3) The Chief Inspector shall not register a person under this section unless, having regard to any conditions that he proposes to impose under subsection (5)(c), it appears to him that that person—
(a) is a fit and proper person for discharging the functions of a registered inspector; and
(b) will be capable of conducting inspections under this Part competently and effectively.
(4) An application for registration under this section—
(a) shall be made in such manner, and be accompanied by such particulars, as the Chief Inspector may direct; and
(b) shall be accompanied by the prescribed fee.
(5) On an application duly made under this section the Chief Inspector may—
(a) register the applicant;
(b) refuse to register him; or
(c) register him subject to such conditions as the Chief Inspector considers it appropriate to impose.
(6) Conditions imposed under subsection (5)(c) may be conditions applying generally in relation to all cases, or particular classes of case, or such conditions together with specific conditions applying in the particular case.
(7) Where a person is registered subject to conditions imposed under subsection (5)(c), he shall be taken to be authorised to act as a registered inspector only so far as those conditions permit.
(8) The period for which any registration is to have effect shall be determined by the Chief Inspector and shall be entered in the register kept by him.
(9) Nothing in subsection (8) is to be taken as preventing a registered inspector from applying for a fresh registration to take effect immediately on the expiry of his current registration.
(10) Subsections (1) and (2) have effect subject to section 12.
(1) If the Chief Inspector is satisfied that any of the conditions mentioned in subsection (2) is satisfied with respect to an inspector registered in his register, he may remove the name of that inspector from that register.
(2) The conditions are that—
(a) he is no longer a fit and proper person for discharging the functions of a registered inspector under this Part;
(b) he is no longer capable of conducting inspections under this Part competently and effectively;
(c) there has been a significant failure on his part to comply with any condition imposed under section 7(5)(c) and subject to which his registration has effect;
(d) he has knowingly or recklessly produced a report of an inspection which is, in whole or in part, seriously misleading.
(3) If the Chief Inspector is satisfied—
(a) that he is authorised by subsection (2) to remove the name of an inspector from his register, or
(b) that it would otherwise be in the public interest to act under this subsection,
he may vary any condition subject to which the registration of that inspector has effect or vary that registration by imposing a condition subject to which it will have effect.
(4) Either Chief Inspector may, in exercising his functions under this section with respect to a registered inspector, have regard to any action taken by the other Chief Inspector with respect to that registered inspector.
(1) Any person who is aggrieved by—
(a) the refusal of the Chief Inspector to renew his registration under section 7,
(b) the imposition or variation of any condition subject to which he is registered under that section,
(c) the removal of his name from the relevant register under section 8,
may appeal against the Chief Inspector’s decision to a tribunal constituted in accordance with Schedule 2 to this Act.
(2) No such decision of the Chief Inspector shall have effect until—
(a) the disposal of any appeal against it which is duly made under this section; or
(b) the period within which an appeal may be made has expired without an appeal having been made.
(3) Subsection (2) shall not apply where the Chief Inspector—
(a) is satisfied that the circumstances of the case are exceptional and justify the decision in question taking effect immediately, or earlier than would otherwise be the case; and
(b) notifies the person concerned to that effect.
(4) On determining any appeal under this section, the tribunal may—
(a) confirm, reverse or vary the decision appealed against; or
(b) remit the case to the Chief Inspector with directions as to the action to be taken by him.
(5) Schedule 2 to this Act makes further provision with respect to tribunals constituted to hear appeals under this section.
(1) It shall be the duty of the Chief Inspector for England to secure that every school in England to which this section applies is inspected, at such intervals as may be prescribed, by an inspector registered under section 7(1).
(2) It shall be the duty of the Chief Inspector for Wales to secure that every school in Wales to which this section applies is inspected, at such intervals as may be prescribed, by an inspector registered under section 7(2).
(3) Subject to subsection (4), the schools to which this section applies are—
(a) county schools;
(b) voluntary schools;
(c) special schools;
(d) grant-maintained schools;
(e) independent schools approved by the Secretary of State under section 347(1) of the [1996 c. 56.] Education Act 1996 (approval of independent schools as suitable for admitting children with statements);
(f) city technology colleges;
(g) city colleges for the technology of the arts; and
(h) maintained nursery schools.
(4) This section does not apply to any school conducted by an education association in accordance with Part II.
(5) It shall be the general duty of any registered inspector conducting an inspection under this section to report on—
(a) the quality of the education provided by the school;
(b) the educational standards achieved in the school;
(c) whether the financial resources made available to the school are managed efficiently; and
(d) the spiritual, moral, social and cultural development of pupils at the school.
(6) In prescribing the intervals mentioned in subsections (1) and (2) the Secretary of State may make provision as to the period within which the first inspection of a school under this section is to begin.
(7) Subsections (1) and (2) have effect subject to section 12.
(8) An inspection which is required under this section shall not extend to—
(a) denominational education, or
(b) the content of collective worship which falls to be inspected under section 23.
(9) Schedule 3 to this Act makes further provision with respect to inspections under this section.
(1) Except as is otherwise provided in section 15, sections 13 to 15, in their application to—
(a) inspections under section 2(2)(b), 3(1), 5(2)(b) or 6(1) by a member of the Inspectorate, or
(b) inspections under section 10,
apply irrespective of the nature of the schools inspected.
(2) Except as is otherwise provided in section 18, sections 16 to 19, in their application to such inspections, apply with respect to county, voluntary, maintained special, grant-maintained or grant-maintained special schools.
(3) Sections 20 to 22, in their application to such inspections, apply with respect to schools not falling within subsection (2) above.
(4) In this Chapter, in its application to an inspection of a school falling within subsection (2)—
“appropriate appointing authority” means, in relation to any aided or special agreement school—
the appropriate diocesan authority, if it is a Church of England school, Church in Wales school or Roman Catholic Church school, and
in any other case, the person who appoints the foundation governors; and
“appropriate authority”—
in relation to any county, voluntary or maintained special school, means the school’s governing body or, if the governing body do not have a delegated budget, the local education authority, and
in relation to a grant-maintained or grant-maintained special school, means the school’s governing body.
(5) In this Chapter, in its application to an inspection of a school falling within subsection (3), “appropriate authority” means—
(a) in the case of a school falling within paragraph (e), (f) or (g) of section 10(3), the proprietor of the school;
(b) in the case of a maintained nursery school whose governing body does not have a delegated budget, the local education authority; and
(c) in any other case, the school’s governing body.
(6) In this Chapter “section 10 inspection” means an inspection under section 10.
(1) Where an inspection of a school is required under section 10 but the Chief Inspector is satisfied that it is not reasonably practicable to secure that the school is inspected by a suitable registered inspector, he shall secure that it is inspected by a member of the Inspectorate.
(2) Where such an inspection is conducted by a member of the Inspectorate by virtue of this section, the following provisions, namely—
(a) section 10(1), (2) and (5) and Schedule 3, and
(b) section 13(1),
shall (unless the context otherwise requires) have effect in relation to the inspection as if the member of the Inspectorate were a registered inspector.
(3) If the Chief Inspector so elects in the case of any inspection of a school by a member of the Inspectorate under section 2(2)(b), 3(1), 5(2)(b) or 6(1), that inspection shall be treated for the purposes of the relevant provisions—
(a) as if it were an inspection under section 10, and
(b) in the case of sections 10(1) and (2) and 13(1), as if the member of the Inspectorate were a registered inspector.
(4) In subsection (3) “the relevant provisions” means sections 10(1) and (2), 13(1) and 14 and—
(a) (in the case of an inspection of a school falling within section 11(2)) sections 16 to 19; and
(b) (in the case of an inspection of a school falling within section 11(3)) sections 20 to 22.
(1) Where a section 10 inspection by a registered inspector has been completed, the inspector shall make in writing a report of the inspection and a summary of the report.
(2) Where the inspector is of the opinion that special measures are required to be taken in relation to the school he shall submit a draft of the report of the inspection to the Chief Inspector.
(3) If the Chief Inspector so requests, an inspector who has submitted a draft under subsection (2) shall provide the Chief Inspector with such further information as the Chief Inspector may specify.
(4) The Chief Inspector shall inform an inspector who has submitted a draft under subsection (2) whether he agrees or disagrees with the inspector’s opinion.
(5) 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 to be taken in relation to the school,
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 (7)(b)) as the draft or as a subsequent draft submitted to the Chief Inspector under this subsection.
(6) Where a subsequent draft is submitted under subsection (5), the Chief Inspector shall inform the inspector whether he agrees or disagrees with the inspector’s opinion.
(7) 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 shall—
(a) state his opinion, and
(b) state whether the Chief Inspector agrees or disagrees with his opinion.
(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 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—
(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 shall state his opinion in the report.
(9) For the purposes of this Act special measures are required to be taken in relation to a school if the school is failing or likely to fail to give its pupils an acceptable standard of education.
(1) Where on the completion of any inspection of a school under section 2(2)(b), 3(1), 5(2)(b) or 6(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, he shall—
(a) prepare in writing a report of the inspection and a summary of the report, and
(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
(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—
(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 shall prepare in writing a report of the inspection and a summary of the report and state his opinion in the report.
(3) A report of a section 10 inspection of a school by a member of the Inspectorate shall, if he is of the opinion that special measures are required to be taken in relation to the school, state his opinion.
(4) If a report of a section 10 inspection of a school by a member of the Inspectorate 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 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 shall state his opinion in the report.
(1) The carrying out of a section 10 inspection shall be completed by the time allowed under subsection (2) below, and the making of the report required by section 13 shall be completed within the period allowed under that subsection.
(2) The time, and the period, allowed shall be such as may be prescribed, subject to any 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 school falling within section 11(2) the Chief Inspector shall give notice in writing of any extension under subsection (2) above to—
(a) the inspector;
(b) the local education authority in the case of a county, voluntary or maintained special school; and
(c) the governing body.
(4) In the case of an inspection of a school falling within section 11(3) the Chief Inspector shall give notice in writing of any extension under subsection (2) above to—
(a) the inspector;
(b) the appropriate authority; and
(c) the Secretary of State, except where the school is a maintained nursery school.
(5) This section does not apply to a section 10 inspection carried out by a member of the Inspectorate.