Office of Public Sector Information
(1) There is to be a body corporate known as the Office for Standards in Education, Children’s Services and Skills.
(2) In this Part that body is referred to as “the Office”.
(3) The Office is to perform its functions on behalf of the Crown.
(4) Schedule 11 makes further provision about the Office.
(1) Her Majesty may by Order in Council appoint a person to the office of Her Majesty’s Chief Inspector of Education, Children’s Services and Skills.
(2) In this Part the holder of that office is referred to as “the Chief Inspector”.
(3) The Chief Inspector is to be a member of the Office (see paragraph 1 of Schedule 11).
(4) The Chief Inspector holds and vacates office in accordance with the terms of his appointment.
(5) Those terms are to be determined by the Secretary of State.
(6) But the Chief Inspector—
(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 grounds that he is unable or unfit to carry out the duties of his office.
(7) The previous appointment of a person as Chief Inspector does not affect his eligibility for appointment.
(8) The office of Her Majesty’s Chief Inspector of Schools in England is abolished.
(9) But any person holding that office immediately before the appointed day is to become, as from that day, Her Majesty’s Chief Inspector of Education, Children’s Services and Skills.
(10) As from the appointed day—
(a) the Order in Council by which such a person was appointed has effect as if it were an Order in Council under subsection (1) appointing him as Chief Inspector, and
(b) the terms of his appointment have effect as if determined under subsection (5).
(11) In this section “the appointed day” means the day appointed under section 188 for the coming into force of this section.
(1) Her Majesty may by Order in Council appoint persons as Her Majesty’s Inspectors of Education, Children’s Services and Skills.
(2) In this Part a person so appointed is referred to as an “HMI”.
(3) An HMI is to serve, in accordance with the terms of his appointment, as a member of the staff of the Office.
(4) Those terms are to be determined by the Chief Inspector.
(5) A person’s appointment as HMI ends when he ceases to serve as a member of the staff of the Office.
(6) Any person who—
(a) is one of Her Majesty’s Inspectors of Schools in England immediately before the appointed day, and
(b) is then serving as member of the staff of Her Majesty’s Chief Inspector of Schools in England or of the Adult Learning Inspectorate,
is to become, as from that day, one of Her Majesty’s Inspectors of Education, Children’s Services and Skills.
(7) As from the appointed day—
(a) the Order in Council by which such a person was appointed has effect as if it were an Order in Council under subsection (1) appointing him as an HMI, and
(b) the terms of his appointment have effect as if determined under subsection (4).
(8) In this section “the appointed day” means the day appointed under section 188 for the coming into force of this section.
Schedule 12 makes further provision about the Chief Inspector and persons acting on his behalf.
(1) The Office has the following functions—
(a) to determine strategic priorities for the Chief Inspector in connection with the performance of his functions;
(b) to determine strategic objectives and targets relating to such priorities; and
(c) to secure that the Chief Inspector’s functions are performed efficiently and effectively.
(2) The Office is to have such other functions in connection with the performance of the Chief Inspector’s functions as may be assigned to it by the Secretary of State.
(1) The Office is to perform its functions for the general purpose of encouraging—
(a) the improvement of activities within the Chief Inspector’s remit,
(b) the carrying on of such activities as user-focused activities, and
(c) the efficient and effective use of resources in the carrying on of such activities.
(2) In performing its functions the Office is to have regard to—
(a) the need to safeguard and promote the rights and welfare of children;
(b) views expressed by relevant persons about activities within the Chief Inspector’s remit;
(c) levels of satisfaction with such activities on the part of relevant persons;
(d) the need to promote the efficient and effective use of resources in the carrying on of such activities;
(e) the need to ensure that action by the Chief Inspector in relation to such activities is proportionate to the risks against which it would afford safeguards;
(f) any developments in approaches to inspection or regulatory action; and
(g) best practice amongst persons performing functions comparable to those of the Chief Inspector.
(3) In performing its functions the Office must also have regard to such aspects of government policy as the Secretary of State may direct.
(4) In this section—
(a) “children” means persons under the age of 18;
(b) “relevant persons”, in relation to activities within the Chief Inspector’s remit, means persons who have an interest in such activities, whether—
(i) as persons for whose benefit they are carried on, or
(ii) as parents (if they are carried on for the benefit of children), or
(iii) as employers;
(c) “parents” includes persons—
(i) who are not parents of children but have parental responsibility for them (within the meaning of the Children Act 1989 (c. 41)), or
(ii) who have care of children.
(5) Subsection (6) provides for the interpretation, for the purposes of this Part, of references to activities within the Chief Inspector’s remit and related expressions.
(6) For those purposes—
(a) “activities” includes—
(i) the provision of any form of education, training or care,
(ii) the provision of any form of services or facilities, and
(iii) the performance of any function;
(b) activities are within the Chief Inspector’s remit—
(i) if he exercises any inspection function in relation to them, or
(ii) if they are services of the kind provided by persons in respect of whom he is the registration authority by virtue of any enactment; and
(c) references to persons for whose benefit activities are carried on are, in relation to activities within paragraph (a)(i) or (ii), references to persons for whom the education, training or care is provided, or (as the case may be) for whom the services or facilities are provided.
(1) The Chief Inspector has the general duty of keeping the Secretary of State informed about—
(a) the quality of activities within the Chief Inspector’s remit and (where appropriate) the standards achieved by those for whose benefit such activities are carried on,
(b) improvements in the quality of such activities and in any such standards,
(c) the extent to which such activities are being carried on as user-focused activities, and
(d) the efficient and effective use of resources in the carrying on of such activities and services.
(2) If requested to do so by the Secretary of State, the Chief Inspector must provide the Secretary of State with information or advice on such matters relating to activities within the Chief Inspector’s remit as are specified in the request.
(3) The Chief Inspector may at any time give advice to the Secretary of State on any matter connected with any activities within his remit, including advice relating to a particular establishment, institution or agency.
(4) The Chief Inspector is to have such other functions in connection with activities within his remit as may be assigned to him by the Secretary of State.
(5) Subsection (6) applies where the Chief Inspector is requested under subsection (2) to provide the Secretary of State with information or advice on matters relating to activities within the Chief Inspector’s remit.
(6) Any enactment by virtue of which—
(a) an inspection may be conducted by the Chief Inspector in relation to the activities in question (whether or not in pursuance of any duty), or
(b) any power of entry is exercisable by him in relation to those activities,
is to have effect, with any necessary modifications, so as to enable him to conduct an inspection, or exercise any such power, for the purpose of complying with the request.
(7) In subsection (6) any reference to a power of entry includes a reference to a power to inspect documents or a power conferred in connection with the inspection of documents.
(8) Nothing in this section prejudices the operation of any other enactment relating to functions of the Chief Inspector.
(1) The Chief Inspector is to perform his functions for the general purpose of encouraging—
(a) the improvement of activities within the Chief Inspector’s remit,
(b) the carrying on of such activities as user-focused activities, and
(c) the efficient and effective use of resources in the carrying on of such activities.
(2) The Chief Inspector must ensure—
(a) that his functions are performed efficiently and effectively, and
(b) that, so far as practicable, those functions are performed in a way that responds to—
(i) the needs of persons for whose benefit activities within the Chief Inspector’s remit are carried on, and
(ii) the views expressed by other relevant persons about such activities.
(3) In performing his functions the Chief Inspector must have regard to—
(a) the matters mentioned in section 117(2); and
(b) such aspects of government policy as the Secretary of State may direct.
(4) In this section “relevant persons” has the same meaning as in section 117.
(1) One of the persons appointed to the staff of the Office under paragraph 6 of Schedule 11 is to be appointed as Children’s Rights Director.
(2) The Children’s Rights Director is to have such functions in relation to the performance by the Chief Inspector of functions within subsection (3) as may be prescribed by regulations made by the Secretary of State.
(3) The following functions of the Chief Inspector are functions within this subsection—
(a) his functions under section 87 of the Children Act 1989 (c. 41) (welfare of children in boarding schools and colleges),
(b) his functions under Part 2 of the Care Standards Act 2000 (c. 14) (registration and standards), and
(c) his functions under Chapter 4 of this Part (inspection and review of local authorities in England) in connection with the inspection and review of the performance by such authorities of their functions within section 135(1)(d) and (e).
(1) The Chief Inspector must make an annual report to the Secretary of State.
(2) The Secretary of State must lay a copy of any such report before each House of Parliament.
(3) The Chief Inspector may make to the Secretary of State such other reports relating to matters which fall within the scope of the Chief Inspector’s functions as he considers appropriate.
(4) The Chief Inspector may arrange for any report made by him under this section to be published in such manner as he considers appropriate.
(1) Subject to the following provisions of this Part, the functions of the existing Chief Inspector under or by virtue of any enactment are transferred to the new Chief Inspector.
(2) In this section—
“the existing Chief Inspector” means Her Majesty’s Chief Inspector of Schools in England, and
“the new Chief Inspector” means the Chief Inspector appointed under Chapter 1 of this Part.
(1) This Chapter applies to the following kinds of education and training—
(a) secondary education provided in institutions which are in England and are within the further education sector;
(b) further education for persons aged 16 or over but under 19 which is provided in such institutions and wholly or partly funded by the Learning and Skills Council for England;
(c) further education for persons aged 19 or over which is wholly or partly funded by the Council;
(d) further education for persons aged under 19 which is provided by local education authorities in England;
(e) further education for persons aged 19 or over which is funded by such authorities;
(f) training for persons aged 16 or over which is funded by the Secretary of State under section 2 of the Employment and Training Act 1973 (c. 50);
(g) training for persons aged 16 or over if it is training the whole or part of which takes place at the premises of an employer and which is wholly or partly funded by the Council;
(h) such other education or training as may be prescribed by regulations made by the Secretary of State.
(2) The training which may be prescribed by regulations under subsection (1)(h) includes training of or for teachers, lecturers, trainers or other persons engaged in the provision of education or training falling within subsection (1)(a) to (g).
(3) If regulations made by the Secretary of State so provide—
(a) the provision of information, advice or guidance falling within section 5(1)(i) of the Learning and Skills Act 2000 (c. 21) (Council to secure provision of financial resources), or
(b) the provision of any description of such information, advice or guidance specified in the regulations,
is to be treated for the purposes of this Chapter as training to which it applies.
(4) In this Chapter—
(a) “further education” and “secondary education” have the same meanings as in EA 1996, and
(b) any reference to institutions which are within the further education sector is to be read in accordance with section 91(3) of the Further and Higher Education Act 1992 (c. 13).
(1) The Chief Inspector must conduct—
(a) inspections of such education or training to which this Chapter applies as may be specified by the Secretary of State, and
(b) inspections of such class of education or training to which this Chapter applies as may be so specified.
(2) The inspections are to be conducted at such intervals as may be specified by the Secretary of State.
(3) On completing an inspection under this section, the Chief Inspector must make a written report on it.
(4) The report—
(a) must state whether the Chief Inspector considers the education or training inspected to be of a quality adequate to meet the reasonable needs of those receiving it, and
(b) may deal with such other matters as he considers relevant.
(5) The Chief Inspector must send copies of the report to—
(a) the Secretary of State,
(b) the Council,
(c) any local education authority providing funds for the education or training inspected, and
(d) the provider of the education or training inspected.
(6) Copies may also be sent to such other persons as the Chief Inspector considers appropriate.
(7) The Chief Inspector must arrange for the report to be published in such manner as he considers appropriate.
(1) The Chief Inspector must inspect all institutions within the further education sector.
(2) The inspections are to be conducted at such intervals as may be specified by the Secretary of State.
(3) On completing an inspection under this section, the Chief Inspector must make a written report on it.
(4) The report—
(a) must state whether the Chief Inspector considers the education or training inspected to be of a quality adequate to meet the reasonable needs of those receiving it, and
(b) may deal with such other matters as he considers relevant.
(5) The Chief Inspector must send copies of the report to—
(a) the Secretary of State,
(b) the Council, and
(c) the provider of the education or training inspected.
(6) Copies may also be sent to such other persons as the Chief Inspector considers appropriate.
(7) The Chief Inspector must arrange for the report to be published in such manner as he considers appropriate.
(1) The Chief Inspector may inspect any education or training to which this Chapter applies (in a case where he is not required to do so by virtue of any provision of this Chapter).
(2) The Chief Inspector may inspect any education or training to which this Chapter does not apply if—
(a) it is further education (whether for persons aged 16 or over but under 19, or for persons aged 19 or over) or training for persons aged 16 or over, and
(b) he is requested to conduct the inspection by the provider of the education or training.
(3) On completing an inspection under this section, the Chief Inspector may—
(a) make a written report on it;
(b) arrange for the report to be published in such manner as he considers appropriate.
(4) If the Chief Inspector makes a report of an inspection conducted under subsection (1), he must send copies of the report to—
(a) the Secretary of State,
(b) the Council,
(c) any local education authority providing funds for the education or training inspected, and
(d) the provider of the education or training inspected.
(5) Copies may also be sent to such other persons as the Chief Inspector considers appropriate.
(6) In the case of an inspection conducted under subsection (2) the Chief Inspector may charge the provider of the education or training concerned for the cost of the inspection.
(7) For the purposes of that subsection it is immaterial whether the education or training concerned is provided in the United Kingdom or elsewhere.
(1) This section applies where the Chief Inspector publishes a report of an inspection conducted under section 124 or 125 or section 126(1).
(2) The provider of the education or training which is the subject of the report must prepare a written statement of—
(a) the action which he proposes to take in the light of the report, and
(b) the period within which he proposes to take that action.
(3) That person must—
(a) publish the statement within such period, and in such manner, as may be prescribed by regulations made by the Secretary of State; and
(b) send copies of it to such persons as may be so prescribed.
(4) The requirements of subsection (2) may be waived by the Chief Inspector.
(1) If requested to do so by the Secretary of State, the Chief Inspector must inspect—
(a) the quality and availability of a specified description of education or training, in a specified area in England, for persons who are aged 15 or over but under 19;
(b) the standards achieved by those receiving that education or training; and
(c) whether the financial resources made available to those providing that education and training are managed efficiently and used in a way which provides value for money.
(2) The Chief Inspector may conduct such an inspection without being requested to do so.
(3) Subsection (4) applies if financial resources have been applied by—
(a) the Council, or
(b) a local education authority,
in respect of education or training which is being inspected under this section.
(4) In such a case the inspection may extend to considering whether the application of those resources in that way—
(a) constituted an efficient and effective use of the resources for the purpose of meeting the needs of persons within subsection (1)(a) as regards education or training of the kind in question, and
(b) was appropriate to secure value for money.
(5) The education or training that may be made the subject of an inspection under this section (“an area inspection”) is—
(a) any education or training to which this Chapter applies, or
(b) any other education or training within the scope of the Chief Inspector’s functions.
(6) A provider of education or training which is the subject of an area inspection must provide the Chief Inspector with any information reasonably requested by him in connection with the inspection.
(7) Any local education authority whose area is wholly or partly within the area which is the subject of an area inspection must provide the Chief Inspector with any information reasonably requested by him in connection with the inspection.
(8) In subsection (1)(a) the reference to persons who are aged 15 includes persons—
(a) for whom education is being provided at a school, and
(b) who will attain that age in the current school year;
and for this purpose “school” and “school year” have the same meanings as in EA 1996.
(1) On completing an area inspection conducted under section 128, the Chief Inspector must make a written report on it.
(2) The Chief Inspector must send copies of the report to—
(a) the Secretary of State,
(b) the Council, and
(c) each local education authority whose area is wholly or partly within the area subject to the inspection.
(3) Copies may also be sent to such other persons as the Chief Inspector considers appropriate.
(4) The Chief Inspector must arrange for the report to be published in such manner as he considers appropriate.
(1) This section applies where the Chief Inspector publishes a report of an area inspection conducted under section 128.
(2) The Secretary of State may direct the Council to prepare a written statement of—
(a) the action which it proposes to take in the light of the report, and
(b) the period within which it proposes to take that action.
(3) The Secretary of State may direct a local education authority whose area is wholly or partly within the area covered by the report to prepare a written statement of—
(a) the action which they propose to take in the light of the report, and
(b) the period within which they propose to take that action.
(4) In preparing a statement under subsection (2) or (3) the Council or the authority must consult such persons as the Secretary of State may direct.
(5) The Council or the authority must—
(a) publish the statement within such period, and in such manner, as may be prescribed by regulations made by the Secretary of State; and
(b) send copies of it to such persons as may be so prescribed.
(1) This section applies to an inspection conducted by the Chief Inspector under this Chapter, other than one conducted under section 126(2).
(2) When conducting such an inspection, the Chief Inspector may, at any reasonable time, enter—
(a) any premises on which the education or training inspected is provided;
(b) any premises of the provider of that education or training which are used in connection with its provision.
(3) In respect of education or training provided by an employer in the workplace, the power of entry conferred by subsection (2) may be exercised only if the employer has been given reasonable notice in writing.
Education and Inspections Act 2006