Office of Public Sector Information
(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”).
(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 is to serve, in accordance with the terms and conditions on which he is appointed, as a member of the staff of the Chief Inspector.
(4) The Chief Inspector holds and vacates office in accordance with the terms of his appointment, but—
(a) must 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, and
(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 does not affect his eligibility for appointment.
(6) Schedule 1 makes further provision about the Chief Inspector and his staff.
(1) The Chief Inspector has the general duty of keeping the Secretary of State informed about—
(a) the quality of the education provided by schools in England,
(b) how far that education meets the needs of the range of pupils at those schools,
(c) the educational standards achieved in those schools,
(d) the quality of the leadership in and management of those schools, including whether the financial resources made available to those schools are managed efficiently,
(e) the spiritual, moral, social and cultural development of pupils at those schools,
(f) the contribution made by those schools to the well-being of those pupils,
(g) the extent to which those schools are developing rigorous internal procedures of self-evaluation, and
(h) the behaviour and attendance of pupils at those schools.
(2) When asked to do so by the Secretary of State, the Chief Inspector must—
(a) give advice to the Secretary of State on such matters as may be specified in the Secretary of State’s request, and
(b) inspect and report on such school, or class of school, in England as may be so specified.
(3) In addition, the Chief Inspector must keep under review the extent to which any requirement imposed by or under this Part, or any other enactment, on any local education authority, proprietor of a school or governing body in relation to inspections of schools in England is complied with.
(4) The Chief Inspector 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 is to 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 must have regard to such aspects of government policy as the Secretary of State may direct.
The Chief Inspector—
(a) must make an annual report to the Secretary of State, who must 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 section to be published in such manner as he considers appropriate.
(1) For the purposes of the exercise of any function conferred by or under section 2, the Chief Inspector has at all reasonable times, in relation to any school in England—
(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 those purposes.
(2) For the purposes of the exercise of any function conferred by or under section 2, the Chief Inspector has at all reasonable times—
(a) a right of entry to any premises (other than school premises) on which, by virtue of arrangements made by a school in England, 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 provided with part of their education by 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
(c) a right to inspect and take copies of—
(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 Chief Inspector requires for those purposes.
(3) It is an offence intentionally to obstruct the Chief Inspector—
(a) in the exercise of his functions in relation to the inspection of a school for the purposes of section 2(2)(b), or
(b) in the exercise of any right under subsection (1) or (2) for the purposes of the exercise of any other function.
(4) A person guilty of an offence under subsection (3) is liable on summary conviction to a fine not exceeding level 4 on the standard scale.
(1) It is the duty of the Chief Inspector—
(a) to inspect under this section every school in England to which this section applies, at such intervals as may be prescribed, and
(b) when the inspection has been completed, to make a report of the inspection in writing.
(2) Subject to subsection (3), the schools to which this section applies are—
(a) community, foundation and voluntary schools,
(b) community and foundation special schools,
(c) maintained nursery schools,
(d) Academies,
(e) city technology colleges,
(f) city colleges for the technology of the arts, and
(g) special schools which are not community or foundation special schools but are for the time being approved by the Secretary of State under section 342 of the Education Act 1996 (c. 56) (approval of special schools).
(3) This section does not apply to any school—
(a) which is a closing school (as defined by subsection (4)), and
(b) in respect of which the Chief Inspector has decided, having regard to the date on which the closure is to take effect, that no useful purpose would be served by the school being inspected under this section.
(4) In subsection (3)(a)a “closing school” means—
(a) any community, foundation or voluntary school, community or foundation special school or maintained nursery school in respect of which proposals to discontinue the school have been approved, adopted or determined under any enactment,
(b) a foundation or voluntary school in respect of which the governing body have given notice of discontinuance under section 30 of the School Standards and Framework Act 1998 (c. 31),
(c) a community, foundation or voluntary or community or foundation special school in respect of which the Secretary of State has given a direction to discontinue the school under section 19 or 32 of that Act,
(d) a city technology college, city college for the technology of the arts or Academy in respect of which notice of termination of an agreement made under section 482 of the Education Act 1996 has been given, or
(e) a special school which is not a community or foundation special school but is for the time being approved by the Secretary of State under section 342 of the Education Act 1996 and which the proprietor has decided to close.
(5) It is the general duty of the Chief Inspector, when conducting an inspection under this section, to report on—
(a) the quality of the education provided in the school,
(b) how far the education provided in the school meets the needs of the range of pupils at the school,
(c) the educational standards achieved in the school,
(d) the quality of the leadership in and management of the school, including whether the financial resources made available to the school are managed effectively,
(e) the spiritual, moral, social and cultural development of the pupils at the school, and
(f) the contribution made by the school to the well-being of those pupils.
(6) Subsection (1) has effect subject to section 9.
(7) An inspection which is required under this section must not extend to—
(a) denominational education, or
(b) the content of collective worship which falls to be inspected under section 48.
(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—
(a) the registered 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) Any notification given under subsection (1)(a) must include a statement, in a form approved by the Chief Inspector, inviting the registered parents of registered pupils to inform the Chief Inspector of their views on matters relating to the school.
(3) In subsection (1) “appropriate authority” means—
(a) in relation to a community, foundation or voluntary school, a 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.
In conducting an inspection of a school under section 5, the matters to which the Chief Inspector must have regard include any views expressed to him by any of the following persons—
(a) the head teacher,
(b) in the case of a maintained school, the governing body,
(c) in the case of any other school, the proprietor of the school,
(d) any person prescribed for the purposes of section 6(1)(b),
(e) members of the staff of the school,
(f) registered pupils at the school, and
(g) the registered parents of registered pupils.
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.
If the Chief Inspector so elects in the case of any inspection under section 2(2)(b) or 8 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.
(1) When inspecting a school under section 5 or 8, the Chief Inspector has at all 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
(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,
(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 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.
(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 8.
(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.
(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.
(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.
(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.
In this Chapter—
“the Chief Inspector” means Her Majesty’s Chief Inspector of Schools in England;
“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 Children Act 2004 (c. 31).
(1) If, on completion of a section 5 inspection of a school, the Chief Inspector is of the opinion—
(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—
(a) send a draft of the report of the inspection—
(i) in the case of a maintained school, to the governing body, and
(ii) in the case of any other school, to the proprietor of the school, and
(b) consider any comments on the draft that are made to him within the prescribed period by the governing body or proprietor, as the case may be.
(3) If, after complying with subsection (2), the Chief Inspector is of the opinion that the case falls within paragraph (a) or (b) of subsection (1)—
(a) he must without delay give a notice in writing, stating that the case falls within paragraph (a) or (b) of subsection (1)—
(i) to the Secretary of State,
(ii) in the case of a maintained school, to the local education authority, and
(iii) in the case of any other school, to the proprietor of the school, and
(b) he must state his opinion in the report of the inspection.
(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 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)(b) 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—
(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 be taken in relation to the school,
he must state his opinion in the report.
(1) The Chief Inspector must ensure that a copy of the report of any section 5 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 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 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.
(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 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 authority as may be prescribed.
(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 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 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
(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—
(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,
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.
(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 under subsection (1) to any local education authority that are 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 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 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.
(1) Where there is sent to the proprietor of a school other than a maintained school 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,
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—
(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
(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.
(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.
(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 are paying fees in respect of the attendance of a registered pupil at the school.
In this Chapter—
“the appropriate appointing authority”, in relation to a voluntary aided school, means—
the appropriate diocesan authority, if it is a Church of England school, a Church in Wales school or a Roman Catholic Church school, or
in any other case, the person who appoints the foundation governors;
“the appropriate authority”, in relation to a maintained school, means the school’s governing body or, if the school does not have a delegated budget, the local education authority;
“the Chief Inspector” means Her Majesty’s Chief Inspector of Schools in England;
“maintained school” means a community, foundation or voluntary school, a community or foundation special school or a maintained nursery school;
“prescribed” means prescribed by regulations;
“regulations” means regulations made by the Secretary of State under this Chapter;
“section 5 inspection” means an inspection under section 5.
(1) Her Majesty may by Order in Council appoint a person to the office of Her Majesty’s Chief Inspector of Education and Training in Wales or Prif Arolygydd Ei Mawrhydi dros Addysg a Hyfforddiant yng Nghymru (“the Chief Inspector”).
(2) Her Majesty may by Order in Council appoint persons as Her Majesty’s Inspectors of Education and Training in Wales or Arolgwyr Ei Mawrhydi dros Addysg a Hyfforddiant yng Nghymru.
(3) Any person appointed as one of Her Majesty’s Inspectors of Education and Training in Wales is to serve, in accordance with the terms and conditions on which he is appointed, as a member of the staff of the Chief Inspector.
(4) The Chief Inspector holds and vacates office in accordance with the terms of his appointment, but—
(a) must not be appointed for a term of more than five years,
(b) may at any time resign by giving written notice to the Assembly, and
(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 does not affect his eligibility for appointment.
(6) If the Assembly considers that any of the powers conferred by subsection (1), (2) and (4)(c) ought to be exercised, the Assembly must advise the Secretary of State on any recommendation to be made to Her Majesty as to the exercise of the power.
(7) The terms of a person’s appointment under subsection (2) are to be determined by the Chief Inspector with the approval of the Assembly.
(8) Schedule 2 makes further provision about the Chief Inspector and his staff.
(1) The Chief Inspector has the general duty of keeping the Assembly informed about—
(a) the quality of the education provided by schools in Wales,
(b) how far that education meets the needs of the range of pupils at those schools,
(c) the educational standards achieved in those schools,
(d) the quality of the leadership in and management of those schools, including whether the financial resources made available to those schools are managed efficiently,
(e) the spiritual, moral, social and cultural development of pupils at those schools, and
(f) the contribution made by those schools to the well-being of those pupils.
(2) When asked to do so by the Assembly, the Chief Inspector must—
(a) give advice to the Assembly on such matters as may be specified in the Assembly’s request, and
(b) inspect and report on such school, or class of school, in Wales as may be so specified.
(3) In addition, the Chief Inspector has the following specific duties—
(a) establishing and maintaining the register mentioned in section 25(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 Wales under section 28 and the making of reports of such inspections;
(c) keeping under review the system of inspecting schools under that section 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 Part, 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 may at any time give advice to the Assembly on any matter connected with schools, or a particular school, in Wales.
(5) The Chief Inspector is to 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 Assembly.
(6) In exercising his functions, the Chief Inspector must have regard to such aspects of policy adopted or formulated by the Assembly as the Assembly may direct.
(7) This section does not apply in relation to education which is brought within the remit of the Chief Inspector by Part 4 of the Learning and Skills Act 2000 (c. 21).
Education Act 2005