Office of Public Sector Information
PART 1 continued CHAPTER 3 continued
(1) The Chief Inspector—
(a) must make an annual report to the Assembly,
(b) may make such other reports to the Assembly, 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.
(2) The Assembly must publish any report that is made to it under subsection (1)(a).
(1) The Assembly may by regulations—
(a) establish a panel for the purpose of providing advice to the Assembly on matters relating to the functions that are at any time exercisable by the Chief Inspector under this Part or any other enactment, and
(b) make provision as to the functions of the panel.
(2) The regulations may in particular—
(a) make provision about the appointment of members of the panel,
(b) make provision for remuneration and allowances to be paid to members of the panel,
(c) require the panel and the Chief Inspector to co-operate with each other,
(d) require the panel to make reports to the Assembly.
(1) For the purposes of the exercise of any function conferred by or under section 20, the Chief Inspector has at all reasonable times, in relation to any school in Wales—
(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 20, 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 Wales, 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 20(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) The Chief Inspector may cause any school in Wales to be inspected by one or more of Her Majesty’s Inspectors of Education and Training 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 28, the Chief Inspector may arrange for that inspection to be monitored by one or more Inspectors.
(3) An Inspector inspecting a school, or monitoring an inspection, under this section 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 Inspector considers relevant to the discharge of his functions.
(4) It is an offence intentionally 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) is liable on summary conviction to a fine not exceeding level 4 on the standard scale.
(6) An inspection of a school conducted under subsection (1) may not extend to any education of a kind brought within the remit of the Chief Inspector by Part 4 of the Learning and Skills Act 2000 (c. 21) that is provided by the school.
(1) No person may conduct an inspection of any school in Wales under section 28 unless—
(a) he is a member of the Inspectorate, or
(b) he is registered as an inspector in a register kept by the Chief Inspector for the purposes of this Chapter.
(2) The Chief Inspector may not register a person under this section unless, having regard to any conditions that he proposes to impose under subsection (4)(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 Chapter competently and effectively,
and no person may be so registered if he falls within a category of persons prescribed for the purposes of this subsection.
(3) An application for registration under this section—
(a) must be made in such manner, and be accompanied by such particulars, as the Chief Inspector may direct, and
(b) must be accompanied by the prescribed fee.
(4) 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.
(5) The matters to which the Chief Inspector may have regard in deciding whether to register the applicant include, in particular—
(a) the extent to which the Chief Inspector proposes to exercise his discretion under subsection (1) of section 28 to secure that inspections under that section are conducted by members of the Inspectorate rather than registered inspectors, and
(b) the extent to which there is a need for registered inspectors in Wales.
(6) Conditions under subsection (4)(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 (4)(c), he is to 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 is to be determined by the Chief Inspector and must 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.
(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 the register, he may remove the name of that inspector from the 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 Chapter;
(b) he is no longer capable of conducting inspections under this Chapter competently and effectively;
(c) there has been a significant failure on his part to comply with any condition imposed under section 25(4)(c) and subject to which his registration has effect;
(d) he has, without reasonable explanation, 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 the 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.
(1) Any person who is aggrieved by—
(a) the refusal of the Chief Inspector to renew his registration under section 25,
(b) the imposition or variation of any condition subject to which he is registered under that section, or
(c) the removal of his name from the register under section 26,
may appeal against the Chief Inspector’s decision to a tribunal constituted in accordance with Schedule 3.
(2) Where—
(a) a decision to refuse to renew a person’s registration under section 25 is expressed to be based on the ground—
(i) that there is a reduced need for registered inspectors in Wales, or
(ii) that there is no longer any need for registered inspectors in Wales, and
(b) the tribunal is satisfied that the decision was based on one of those grounds,
the tribunal must confirm the decision to refuse renewal.
(3) No decision of the Chief Inspector falling within (1)(b) or (c) is to have effect until—
(a) the disposal of any appeal against the decision 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.
(4) Subsection (3) does not apply where the Chief Inspector—
(a) is satisfied that the circumstances of the case 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.
(5) 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.
(6) Schedule 3 makes further provision with respect to tribunals constituted to hear appeals under this section.
(1) It is the duty of the Chief Inspector to secure that every school in Wales to which this section applies is inspected under this section, at such intervals as may be prescribed, by an inspector registered under section 25 or by a member of the Inspectorate.
(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, and
(d) special schools which are not community or foundation special schools but are for the time being approved by the Assembly 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 Assembly has given a direction to discontinue the school under section 19 or 32 of that Act, or
(d) a special school which is not a community or foundation special school but is for the time being approved by the Assembly under section 342 of the Education Act 1996 (c. 56) and which the proprietor has decided to close.
(5) It is the general duty of any inspector 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 32.
(7) An inspection which is required under this section must not extend to—
(a) denominational education,
(b) education which is brought within the remit of the Chief Inspector by Part 4 of the Learning and Skills Act 2000 (c. 21), or
(c) the content of collective worship which falls to be inspected under section 50.
(8) Schedule 4 makes further provision with respect to inspections under this section.
(1) The Chief Inspector may, in the case of—
(a) any report by a member of the Inspectorate 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), or
(b) any report of an inspection under section 28 made by a registered inspector,
arrange for the report to be published in such manner as the Chief Inspector considers appropriate.
(2) Without prejudice to the generality of—
(a) section 21(1)(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.
(1) Any sums received by the Chief Inspector under—
(a) section 25(3)(b), or
(b) paragraph 4(3) or 5(2) of Schedule 4,
must be paid into the Consolidated Fund.
(2) Subsection (1) has effect subject to paragraph 4 of Schedule 6 to the Government of Wales Act 1998 (c. 38) (Treasury power to direct that requirement for payment into Consolidated Fund not to apply in relation to specified sums received by the Chief Inspector).
(1) In this Chapter—
“the Chief Inspector” means Her Majesty’s Chief Inspector of Education and Training in Wales;
“member of the Inspectorate” means the Chief Inspector, any of Her Majesty’s Inspectors of Education and Training in Wales and any additional inspector appointed under paragraph 2 of Schedule 2;
“prescribed” means prescribed by regulations;
“regulations” means regulations made by the Assembly 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 25(2) of the Children Act 2004 (c. 31).
(2) For the purposes of this Chapter any reference to a condition imposed under section 25(4)(c) includes a reference to a condition imposed under section 26(3).
(1) If the Chief Inspector so elects in the case of any inspection of a school by a member of the Inspectorate under section 20(2)(b) or 24(1), that inspection is to be treated for the purposes of the relevant provisions as if it were an inspection under section 28.
(2) In subsection (1) “the relevant provisions” means sections 28(1) and (5) and 35 and—
(a) (in the case of an inspection of a maintained school) sections 38 to 40, and
(b) (in the case of an inspection of a school other than a maintained school), sections 41 and 42.
Where a section 28 inspection by a registered inspector or a member of the Inspectorate has been completed, the inspector must make in writing a report of the inspection and a summary of the report.
(1) Where a section 28 inspection was conducted by a registered inspector and he 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 submit a draft of the report of the inspection to the Chief Inspector.
(2) If the Chief Inspector so requests, an inspector who has submitted a draft under subsection (1) must provide the Chief Inspector with such further information as the Chief Inspector may specify.
(3) The Chief Inspector must inform an inspector who has submitted a draft under subsection (1) whether he agrees or disagrees with the inspector’s opinion.
(4) 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 or that the school requires significant improvement,
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 (6)(b)) as the draft or as a subsequent draft submitted to the Chief Inspector under this subsection.
(5) Where a subsequent draft is submitted under subsection (4), the Chief Inspector must inform the inspector whether he agrees or disagrees with the inspector’s opinion.
(6) 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 or that the school requires significant improvement must—
(a) state his opinion, and
(b) state whether the Chief Inspector agrees or disagrees with his opinion.
(7) 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 must state his opinion in the report (whether or not he is required by subsection (6) also to state the opinion that the school requires significant improvement).
(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 the school does not require significant improvement and 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 the school did require significant improvement 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 must state his opinion in the report.
(1) Where on the completion of any inspection of a school under section 20(2)(b) or 24(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 or that the school requires significant improvement, he must—
(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 in relation to the school 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 must prepare a report of the inspection and a summary of the report and state his opinion in the report (whether or not he is required by subsection (1)(b) also to state the opinion that the school requires significant improvement).
(3) 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 the school does not require significant improvement and 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 the school did require significant improvement 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 must prepare a report of the inspection and a summary of the report and state his opinion in the report.
(4) A report of a section 28 inspection of a school by a member of the Inspectorate must, if he is of the opinion that special measures are required to be taken in relation to the school or that the school requires significant improvement, state his opinion.
(5) If a report of a section 28 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 must state his opinion in the report (whether or not he is required by subsection (4) also to state the opinion that the school requires significant improvement).
(6) If a report of a section 28 inspection of a school by a member of the Inspectorate is made in circumstances where—
(a) he 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, but
(b) in the latest report of an inspection of the school, the person making the report stated that in his opinion the school did require significant improvement 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 must state his opinion in the report.
(1) The carrying out of a section 28 inspection must be completed by the time allowed under subsection (2), and the making of the report required by section 33 must be completed within the period allowed under that subsection.
(2) The time, and the period, allowed are 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 maintained school, the Chief Inspector must give notice of any extension under subsection (2) to—
(a) the inspector,
(b) the local education authority in the case of a maintained school, and
(c) the governing body.
(4) In the case of an inspection of a school falling within section 28(2)(d), the Chief Inspector must give notice of any extension under subsection (2) to—
(a) the inspector,
(b) the proprietor of the school, and
(c) the Assembly.
(5) This section does not apply to a section 28 inspection carried out by a member of the Inspectorate.
(1) Subsection (2) applies in relation to a maintained school where—
(a) following an inspection of the school under Chapter 3 by a member of the Inspectorate, that member has informed the Chief Inspector of his opinion—
(i) that special measures are required to be taken in relation to the school, or
(ii) that the school requires significant improvement, or
(b) the Chief Inspector agrees with the opinion of a registered inspector, expressed in a draft report submitted to the Chief Inspector under section 34(1)—
(i) that special measures are required to be taken in relation to the school, or
(ii) that the school requires significant improvement.
(2) Where this subsection applies, the Chief Inspector must without delay give the Assembly and the local education authority notice in writing stating that the case falls within paragraph (a) or (b) of subsection (1).
(1) In the case of a report of a section 28 inspection of a maintained school, the person making the report must without delay send a copy of the report together with a summary of it to the appropriate authority for the school.
(2) In a case where—
(a) a report of an inspection of a maintained school is made by a member of the Inspectorate, and
(b) he is required by section 35 to state in the report that he is of the opinion that special measures are required to be taken in relation to the school or that the school requires significant improvement,
the member of the Inspectorate must send a copy of the report together with the summary of it to the appropriate authority for the school.
Education Act 2005