Office of Public Sector Information
PART 1 continued CHAPTER 4 continued
(3) In any case, copies of the report and summary referred to in subsection (1) or (2) must 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) 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, and
(e) in such circumstances as may be prescribed, to such other persons (if any) as may be prescribed.
(4) The appropriate authority must—
(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 within such period following receipt of the report by the authority as may be prescribed.
(5) Subsection (6) applies to a report of an inspection of a maintained school if—
(a) the inspection was a section 28 inspection or was carried out by a member of the Inspectorate, and
(b) the school provides full-time education suitable to the requirements of pupils over compulsory school age.
(6) The person making the report must send a copy (together with a copy of the summary, if there is one) to the National Council for Education and Training for Wales.
(1) Where there is sent to the appropriate authority for a maintained school either—
(a) a report of a section 28 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 35(1)(b) to state 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 appropriate authority must 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 or that the school requires significant improvement, 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 Assembly is of the opinion that the urgency of the case requires a shorter period,
such shorter period as the Assembly 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) Subject to subsection (4), where such a statement has been prepared by the appropriate authority, they must, before the end of the prescribed period, send copies of it—
(a) to the Chief Inspector,
(b) to whichever of the governing body and the local education authority are not the appropriate authority, and
(c) in such circumstances as may be prescribed, to such other persons (if any) as may be prescribed.
(4) Where the report in question is a report of a section 28 inspection of a school, subsection (3)(a) does not require a copy of the statement to be sent to the Chief Inspector unless the report states that the person making it 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.
(5) If in the case of a maintained 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 or that the school requires significant improvement, 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 must, before the end of the prescribed period, send a copy of the statement to the Assembly.
(6) In the case of a school having foundation governors, the appropriate authority must also send a copy of the statement to the person who appoints them and (if different) to the appropriate appointing authority.
(7) The appropriate authority must—
(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), 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 statement as soon as is reasonably practicable.
(8) The duty under subsection (7)(c) is to be taken to be satisfied by the appropriate authority if they—
(a) take such steps as are reasonably practicable to secure that every registered parent of a pupil at the school receives, as soon as is reasonably practicable, a copy of a document prepared by them which—
(i) summarises the statement, and
(ii) contains a statement of the right to request a copy of it under paragraph (b), and
(b) provide a copy of the statement to every registered parent of a registered pupil at the school who asks for one.
(9) Where the governing body of a school have prepared a statement under this section, they must in the report under section 30 of the Education Act 2002 (c. 32) (governors' reports) 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.
(1) This section applies in circumstances where—
(a) in a report of an inspection of a maintained school the governing body of which have a delegated budget, the person who made the report stated that in his opinion—
(i) special measures were required to be taken in relation to the school, or
(ii) the school required significant improvement, 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 39 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 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 any such action, of their reasons for not doing so, and
(b) send a copy of the statement prepared under paragraph (a), together with their comments on any statement prepared under section 39 of which they have received a copy, to the Assembly and 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 the Assembly is of the opinion that the urgency of the case requires a shorter period, such shorter period as the Assembly 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) In the case of a report of a section 28 inspection of a school other than a maintained school, the person making the report must without delay—
(a) send a copy of the report together with the summary of it—
(i) to the proprietor of 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 or that the school requires significant improvement 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 Assembly.
(2) In a case where—
(a) a report of an inspection of a school other than a maintained school is made by a member of the Inspectorate, and
(b) he is required by section 35(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 or that the school requires significant improvement,
he must send a copy of the report together with the summary of it to the proprietor of the school and to the Assembly.
(3) In the case of a special school which is not a community or foundation special school, the proprietor of the school must without delay send a copy of any report and summary sent to him under subsection (1) or (2) to any local education authority that are paying fees in respect of the attendance of a registered pupil at the school.
(4) The proprietor of the school must—
(a) make any report and summary sent to him 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 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 summary within such period following receipt of the report by the authority as may be prescribed.
(1) Where there is sent to the proprietor of a school other than a maintained school—
(a) a report of a section 28 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 35(1)(b) to state 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 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 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 or that the school requires significant improvement, 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 Assembly is of the opinion that the urgency of the case requires a shorter period,
such shorter period as the Assembly 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,
(b) to the Assembly, 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 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 is paying fees in respect of the attendance of a registered pupil at the school.
(5) The proprietor of the school must—
(a) make any statement prepared by him 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 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 statement as soon as is reasonably practicable.
(6) The duty under subsection (5)(c) is to be taken to be satisfied by the proprietor of the school if he—
(a) takes such steps as are reasonably practicable to secure that every registered parent of a registered pupil at the school receives, as soon as is reasonably practicable, a copy of a document prepared by the proprietor which—
(i) summarises the statement, and
(ii) contains a statement of the right to request a copy of it under paragraph (b), and
(b) provides a copy of the statement to every registered parent of a registered pupil at the school who asks for one.
In this Chapter—
“the appropriate appointing authority”, in relation to a voluntary aided school, means—
the appropriate diocesan authority, if it is a Church in Wales school, a Church of England 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 Education and Training in Wales;
“maintained school” means a community, foundation or voluntary school, a community or foundation special school or a maintained nursery school;
“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;
“section 28 inspection” means an inspection under section 28.
(1) For the purposes of this Part, special measures are required to be taken in relation to a school if—
(a) the school is failing to give its pupils an acceptable standard of education, and
(b) the persons responsible for leading, managing or governing the school are not demonstrating the capacity to secure the necessary improvement in the school.
(2) For the purposes of this Part, a school requires significant improvement if, although not falling within subsection (1), it is performing significantly less well than it might in all the circumstances reasonably be expected to perform.
In section 19 of the School Standards and Framework Act 1998 (c. 31) (power of Secretary of State to direct closure of school), for subsection (1) substitute—
“(1) If at any time section 15 applies to a maintained school by virtue of subsection (6) of that section (school requiring special measures), the Secretary of State may give a direction to the local education authority requiring the school to be discontinued on a date specified in the direction.”
Schedule 5 contains amendments of the Learning and Skills Act 2000 (c. 21) relating to schools requiring significant improvement in relation to their sixth forms.
In this Part “denominational education”, in relation to a school, means religious education which—
(a) is required by section 80(1)(a) or 101(1)(a) of the Education Act 2002 (c. 32) 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.
(1) It is the duty of the governing body of any voluntary or foundation school in England which has been designated under section 69(3) of the School Standards and Framework Act 1998 by the Secretary of State as having a religious character to secure that—
(a) any denominational education given to pupils, and
(b) the content of the school’s collective worship,
are inspected under this section.
(2) An inspection under this section is to be conducted by a person chosen—
(a) in the case of a voluntary controlled school, by the foundation governors after consultation with any person prescribed for the purposes of this subsection in relation to the religion or religious denomination that is specified in relation to the school under section 69(4) of the School Standards and Framework Act 1998, and
(b) in any other case, by the governing body after consultation with any person so prescribed.
(3) Inspections under this section must be carried out at such intervals as may be prescribed.
(4) It is the general duty of a person conducting an inspection under this section—
(a) to report on the quality of the denominational education provided by the school for any pupils to whom denominational education is given by the school, and
(b) 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.
(5) 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.
(6) In this section and section 49—
“collective worship” means collective worship required by section 70 of the School Standards and Framework Act 1998 (c. 31);
“prescribed” means prescribed by regulations made by the Secretary of State.
(1) An inspection under section 48 must be carried out within such period as may be prescribed.
(2) When the inspection has been completed, the person conducting the inspection must, before the end of the period prescribed for the purposes of this subsection, prepare in writing a report of the inspection.
(3) The person conducting the inspection must, without delay, send the report to the governing body of the school concerned.
(4) The governing body must—
(a) make any such report available for inspection by members of the public, at such times and at such a place as may be reasonable,
(b) take such steps as are reasonably practicable to secure that every parent of a registered pupil at the school—
(i) for whom the school provides denominational education, or
(ii) who takes part in acts of collective worship the content of which falls to be inspected under section 48,
as the case may be, receives a copy of the report as soon as is reasonably practicable, and
(c) 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 other person who asks for one.
(1) It is the duty of the governing body of any voluntary or foundation school in Wales which has been designated under section 69(3) of the School Standards and Framework Act 1998 by the Assembly as having a religious character to secure that—
(a) any denominational education given to pupils, and
(b) the content of the school’s collective worship,
are inspected under this section.
(2) An inspection under this section is to be conducted by a person chosen—
(a) in the case of a voluntary controlled school, by the foundation governors after consultation with any person prescribed for the purposes of this subsection in relation to the religion or religious denomination that is specified in relation to the school under section 69(4) of the School Standards and Framework Act 1998 (c. 31), and
(b) in any other case, by the governing body after consultation with any person so prescribed.
(3) The person chosen need not be registered as an inspector under section 25.
(4) Inspections under this section must be carried out at such intervals as may be prescribed.
(5) It is the general duty of a person conducting an inspection under this section—
(a) to report on the quality of the denominational education provided by the school for any pupils to whom denominational education is given by the school, and
(b) 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.
(6) 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.
(7) Schedule 6 makes further provision with respect to inspections under this section.
(8) In this section (and that Schedule)—
“collective worship” means collective worship required by section 70 of the School Standards and Framework Act 1998;
“prescribed” means prescribed by regulations made by the Assembly.
(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) An officer of a local education authority inspecting a school under this section has at all reasonable times a right of entry to the premises of the school.
(1) Any local education authority in Wales 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 in Wales, means a service providing for the inspection of schools under section 28 or 50 by officers of the authority.
(3) Any school inspection service provided by a local education authority in Wales 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 in Wales must be operated by the authority in such a way as can reasonably be expected to ensure 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 Assembly may by regulations—
(a) make provision as to the making of tenders by local education authorities in Wales (as required by paragraph 2 of Schedule 4),
(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 Assembly considers appropriate.
Schedule 7 contains amendments relating to the inspection of child minding, day care for children and nursery education.
Schedule 8 contains amendments relating to the inspection of independent schools.
(1) This section applies to relevant services provided in Wales in pursuance of arrangements made or directions given by the Assembly under section 10 of the Employment and Training Act 1973 (c. 50).
(2) The Chief Inspector has the general duty of keeping the Assembly informed about the quality of the relevant services provided in Wales in accordance with such arrangements or directions.
(3) In subsections (4) to (7) “a service provider” means a person who provides, or arranges for the provision of, relevant services in accordance with such arrangements or directions.
(4) The Chief Inspector must inspect any service provider under this section at prescribed intervals.
(5) When asked to do so by the Assembly, the Chief Inspector must—
(a) give advice to the Assembly on such matters relating to the provision of relevant services in Wales in pursuance of such arrangements or directions as may be specified in the Assembly’s request, or
(b) inspect any service provider under this section.
(6) The Chief Inspector may at any time—
(a) give advice to the Assembly relating to the provision of relevant services in Wales in pursuance of such arrangements or directions, or
(b) inspect any service provider under this section.
(7) An inspection of any service provider under this section is to consist of a review of the way in which he is discharging his responsibilities under or by virtue of the arrangements or directions in question, having regard to any guidance given by the Assembly with respect to the provision of relevant services.
(8) In this section and sections 56 and 57—
“the Chief Inspector” means Her Majesty’s Chief Inspector for Education and Training in Wales;
“prescribed” means prescribed by regulations;
“regulations” means regulations made by the Assembly;
“relevant services” has the same meaning as in sections 8 and 9 of the Employment and Training Act 1973 (provision of careers services).
(1) This section applies if a person (“a relevant provider”) who provides a relevant service to which section 55 applies also provides in Wales education, training or an advisory service—
(a) in pursuance of arrangements made by the Assembly under section 2 of the Employment and Training Act 1973 (c. 50), or
(b) with the assistance of a grant or loan made under section 12(1) of the Industrial Development Act 1982 (c. 52).
(2) The Chief Inspector has the general duty of keeping the Assembly informed about the quality of any education, training or advisory services falling within subsection (1) provided by relevant providers in Wales.
(3) The Chief Inspector must inspect any relevant provider under this section at prescribed intervals.
(4) When asked to do so by the Assembly, the Chief Inspector must—
(a) give advice to the Assembly on such matters relating to the provision of education, training or advisory services falling within subsection (1) by relevant providers, or
(b) inspect any relevant provider under this section.
(5) The Chief Inspector may at any time—
(a) give advice to the Assembly relating to the provision of education, training or advisory services falling within subsection (1) by relevant providers, or
(b) inspect any relevant provider under this section.
(6) An inspection of any relevant provider under this section is to consist of a review of the way in which he is providing the education, training or advisory service falling within subsection (1)(a) or (b).
Education Act 2005