Destination of reports and special measures: schools within s. 11(2)

16 Destination of reports

(1) In the case of a report of a section 10 inspection of a school falling within section 11(2), the person making the report shall without delay—

(a) send a copy of the report together with the summary of it to the appropriate authority for the school and, if it is a grant-maintained or grant-maintained special school, to the Secretary of State; and

(b) if in the case of a county, voluntary or maintained special school 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, and either—

(i) that person is a member of the Inspectorate, or

(ii) the report states that the Chief Inspector agrees with his opinion,

send a copy of the report and summary to the Secretary of State.

(2) In a case where—

(a) a report of an inspection of a school falling within section 11(2) is made by a member of the Inspectorate, and

(b) he is required by section 14(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,

the member of the Inspectorate shall send a copy of the report together with the summary of it to the appropriate authority for the school and the Secretary of State.

(3) In any case, copies of the report and summary referred to in subsection (1) or (2) shall be sent by the person who made the report—

(a) to the Chief Inspector (unless the report was made by a member of the Inspectorate);

(b) to the head teacher of the school;

(c) in the case of a county, voluntary or maintained special school, 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 appoints them and (if different) to the appropriate appointing authority;

(e) to any person named as a sponsor of the school in the instrument of government; and

(f) in the case of any school in a group of grant-maintained schools in respect of which any person has power to appoint an externally appointed core governor under a provision of the instrument of government made in pursuance of Schedule 25 to the [1996 c. 56.] Education Act 1996 (core governors for groups), to that person.

(4) The appropriate authority shall—

(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 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 as soon as is reasonably practicable.

17 Special measures by appropriate authority

(1) Where there is sent to the appropriate authority for a school falling within section 11(2) either—

(a) a report of a section 10 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 14(1)(b) to state that he is of the opinion that special measures are required to be taken in relation to the school,

the appropriate authority shall 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—

(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 school, 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 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 appropriate authority 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 appropriate authority they shall, before the end of the prescribed period, send copies of it—

(a) to the Chief Inspector;

(b) in the case of a county, voluntary or maintained special school, to whichever of the governing body and the local education authority are not the appropriate authority;

(c) in the case of a grant-maintained or grant-maintained special school, to the Secretary of State; and

(d) in such circumstances as may be prescribed, to such other persons (if any) as may be prescribed.

(4) If in the case of a county, voluntary or maintained special 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 school, 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 shall, before the end of the prescribed period, send a copy of the statement to the Secretary of State.

(5) The appropriate authority shall also send a copy of the statement—

(a) in the case of a school having foundation governors, to the person who appoints them and (if different) to the appropriate appointing authority;

(b) to any person named as a sponsor of the school in the instrument of government; and

(c) in the case of any school in a group of grant-maintained schools in respect of which any person has power to appoint an externally appointed core governor under a provision of the instrument of government made in pursuance of Schedule 25 to the [1996 c. 56.] Education Act 1996 (core governors for groups), to that person.

(6) The appropriate authority shall—

(a) make any statement prepared by them 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 they think fit (not exceeding the cost of supply); 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 statement as soon as is reasonably practicable.

(7) Where the governing body of a school have prepared a statement under this section, they shall in the report referred to in—

(a) section 161 of the [1996 c. 56.] Education Act 1996 (governors' report in case of county, voluntary or maintained special school), or

(b) paragraph 7 of Schedule 23 to that Act (governors' report for grant-maintained school),

as the case may be, state the extent to which the proposals set out in the statement (or if there is more than one, the most recent statement) have been carried into effect.

18 Additional special measures by local education authority

(1) This section applies in circumstances where—

(a) in a report of an inspection of a county, voluntary or maintained special school the governing body of which have a delegated budget, the person who made the report stated that in his opinion special measures were required to be taken in relation to the school; and

(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 17 in response to the report, or

(ii) the period prescribed for the purposes of subsection (3) of that section has expired.

(2) The local education authority shall—

(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 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) above, together with their comments on any statement prepared under section 17 of which they have received a copy, to the Secretary of State and the Chief Inspector and, in the case of an aided or special agreement school—

(i) to the person who appoints the foundation governors, and

(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 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 local education authority of any duty to prepare a statement which has not been performed within that period.

19 Monitoring special measures and further inspections

(1) This section applies in circumstances where—

(a) in a report of an inspection of a school falling within section 11(2) the person who made it stated that in his opinion special measures were required to be taken in relation to the school; and

(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) a statement has been prepared under section 17, or

(ii) the period prescribed for the purposes of subsection (3) of that section has expired; and

(d) if any registered inspector or member of the Inspectorate has made a later report of an inspection of the school, he did not state in the report that in his opinion special measures were not required to be taken in relation to the school.

(2) Regulations may make provision with a view to securing that any measures taken by—

(a) the appropriate authority, and

(b) in the case of a school which has a delegated budget, the local education authority,

for improving the standard of education at the school are monitored in accordance with the regulations by such persons as may be prescribed.

(3) The regulations may, in particular, provide for reports to be made by such persons and at such intervals as may be prescribed.

(4) The regulations may authorise the Secretary of State to require the Chief Inspector to conduct further inspections of the school and prepare further reports of such inspections.

(5) In respect of cases where—

(a) any report prepared in pursuance of a requirement imposed by virtue of subsection (4) states that, in the opinion of the person who prepared it, special measures are required to be taken in relation to the school concerned, but the grounds for that opinion are substantially different from the grounds for the opinion in any preceding report by a registered inspector or member of the Inspectorate, or

(b) any report prepared in pursuance of any such requirement states that, in the opinion of the person who prepared it, special measures are not required to be taken in relation to the school concerned,

the regulations may make provision corresponding to any of the provisions of this Chapter so far as it has effect in relation to schools falling within section 11(2).

Destination of reports and special measures: schools within s. 11(3)

20 Destination of reports

(1) In the case of a report of a section 10 inspection of a school falling within section 11(3), the person making the report shall without delay—

(a) send a copy of the report together with the summary of it—

(i) to the appropriate authority for the school, and

(ii) (unless the person making it is a member of the Inspectorate) to 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, and either—

(i) that person is a member of the Inspectorate, or

(ii) the report states that the Chief Inspector agrees with his opinion,

send a copy of the report and summary to the Secretary of State.

(2) In a case where—

(a) a report of an inspection of a school falling within section 11(3) is made by a member of the Inspectorate, and

(b) he is required by section 14(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,

the member of the Inspectorate shall send a copy of the report together with the summary of it to the appropriate authority for the school and to the Secretary of State.

(3) In the case of—

(a) a special school which is not a maintained or grant-maintained special school, or

(b) an independent school 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),

the appropriate authority shall without delay send a copy of any report and summary sent to them under subsection (1) or (2) to the funding authority, or any local education authority, if the authority are paying fees in respect of the attendance of a registered pupil at the school.

(4) The appropriate authority shall—

(a) make 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 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 as soon as is reasonably practicable.

21 Special measures by appropriate authority

(1) Where there is sent to the appropriate authority for a school falling within section 11(3) either—

(a) a report of a section 10 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 14(1)(b) to state that he is of the opinion that special measures are required to be taken in relation to the school,

the appropriate authority shall 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—

(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 school, 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 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 appropriate authority 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 appropriate authority they shall, before the end of the prescribed period, send copies of it—

(a) to the Chief Inspector;

(b) to the Secretary of State, except in the case of a maintained nursery school; 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) a special school which is not a maintained or grant-maintained special school, or

(b) an independent school 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),

the appropriate authority shall, before the end of the prescribed period, send a copy of any such statement prepared by them to the funding authority, or any local education authority, if the authority are paying fees in respect of the attendance of a registered pupil at the school.

(5) The appropriate authority shall—

(a) make any statement prepared by them 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 they think fit (not exceeding the cost of supply); 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 statement as soon as is reasonably practicable.

22 Monitoring special measures

(1) This section applies in circumstances where—

(a) in a report of an inspection of a school falling within section 11(3) the person who made it stated that in his opinion special measures were required to be taken in relation to the school; and

(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) a statement has been prepared under section 21 of this Act, or

(ii) the period prescribed for the purposes of subsection (3) of that section has expired, and

(d) if any registered inspector or member of the Inspectorate has made a later report of an inspection of the school, he did not in the report state that, in his opinion, special measures were not required to be taken in relation to the school.

(2) Regulations may make provision with a view to securing that any measures taken by the appropriate authority for improving the standard of education at the school are monitored in accordance with the regulations by such persons as may be prescribed.

(3) The regulations may, in particular, provide for reports to be made by such persons and at such intervals as may be prescribed.

(4) The regulations may authorise the Secretary of State to require the Chief Inspector to conduct further inspections of the school and prepare further reports of such inspections.

(5) In respect of cases where—

(a) any report prepared in pursuance of a requirement imposed by virtue of subsection (4) states that, in the opinion of the person who prepared it, special measures are required to be taken in relation to the school concerned, but the grounds for that opinion are substantially different from the grounds for the opinion in any preceding report by a registered inspector or member of the Inspectorate, or

(b) any report prepared in pursuance of any such requirement states that, in the opinion of the person who prepared it, special measures are not required to be taken in relation to the school concerned,

the regulations may make provision corresponding to any of the provisions of this Chapter so far as it has effect in relation to schools falling within section 11(3).

Chapter III Other inspections

Religious education

23 Inspection of religious education

(1) It shall be the duty of the governing body of—

(a) any voluntary school, or

(b) any grant-maintained school,

in which denominational education is given to any pupils to secure that that education is inspected under this section.

(2) It shall be the duty of the governing body of—

(a) any voluntary school, or

(b) any grant-maintained school falling within subsection (3),

to secure that the content of the school’s collective worship is inspected under this section.

(3) A grant-maintained school falls within this subsection if—

(a) it was a voluntary school immediately before it became grant-maintained, or

(b) it was established in pursuance of proposals published under section 212 of the [1996 c. 56.] Education Act 1996 (proposals by promoters) and either—

(i) any trust deed relating to the school, or

(ii) the statement required by paragraph 8 of Schedule 20 to that Act,

makes provision as to religious education for pupils at the school, or

(c) it is a school in respect of which there are approved under section 261 of that Act (approval of proposed alterations etc.) proposals for the required provision for religious education to be provision for religious education in accordance with the tenets of a particular religion or religious denomination.

(4) In this Act “denominational education”, in relation to a school, means any religious education which—

(a) is required by section 352(1)(a) of the Education Act 1996 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;

and in this section—

(i) “the required provision for religious education” means the provision for religious education for pupils at the school which is required as mentioned in paragraph (a) above, and

(ii) references to collective worship are references to collective worship required by section 385 of that Act.

(5) An inspection under this section shall be conducted by a person chosen by—

(a) the foundation governors, in the case of a controlled school; and

(b) the governing body, in any other case.

(6) The person chosen need not be a registered inspector.

(7) Inspections under this section shall be carried out at such intervals as may be prescribed; and in prescribing the intervals the Secretary of State may make provision as to the period within which the first inspection under this section with respect to a school is to begin.

(8) It shall be the general duty of a person conducting an inspection under this section—

(a) if the inspection is conducted by virtue of subsection (1), to report on the quality of the denominational education provided by the school for pupils to whom denominational education is given by the school, or

(b) if the inspection is conducted by virtue of subsection (2), 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.

(9) 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.

(10) Schedule 4 to this Act makes further provision with respect to inspections under this section.

Local authority inspection services

24 Provision of inspection services by local education authorities

(1) Any local education authority 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, means a service providing for the inspection of schools under section 10 or 23 by officers of the authority.

(3) Any school inspection service provided by a local education authority 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.

(4) Any school inspection service provided by a local education authority shall be operated by the authority in such a way as can reasonably be expected to secure 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 Secretary of State may by regulations—

(a) make provision as to the making of tenders by local education authorities (as required by paragraph 2 of Schedule 3 to this Act);

(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

(c) make such incidental and supplemental provision with respect to school inspection services provided by local education authorities as the Secretary of State considers appropriate.

25 Power of local education authority to inspect maintained school for specific purpose

(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 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) Any officer of a local education authority inspecting a school under this section shall have at all reasonable times a right of entry to the premises of the school.