(1) For the purposes of this Chapter, “an independent educational institution” means—
(a) an independent school, or
(b) an institution other than an independent school which—
(i) provides part-time education for one or more persons of compulsory school age (“part-time students”) whether or not it also provides full-time education for any person, and
(ii) would be an independent school but for the fact that the education provided for the part-time student or students is part-time rather than full-time.
(2) For the purposes of this section, an institution provides “part-time” education for a person if it provides education for the person—
(a) for at least 12.5 hours a week, for at least 28 weeks, during an academic year at the end of which the person is under the age of 12, or
(b) for at least 15 hours a week, for at least 28 weeks, during an academic year at the end of which the person is aged 12 or over,
which does not amount to full-time education.
(3) Regulations may—
(a) provide that a specified institution or an institution of a specified description is not an independent educational institution by virtue of subsection (1)(b);
(b) provide that time spent on a specified activity or on an activity of a specified description is or is not to be treated as time during which education is being provided for the purposes of this section;
(c) amend subsection (2)(a) or (b) so as to substitute a different number of weeks for the number of weeks for the time being mentioned there.
(4) In this section—
“an academic year” means a period of 12 months ending with 31 August;
“specified” means specified in regulations under this section.
(1) References in this Chapter to an independent educational institution are to an independent educational institution in England.
(2) For provision regulating independent schools in Wales, see Chapter 1 of Part 10 of the Education Act 2002 (c. 32).
(1) The Secretary of State must by regulations prescribe standards for the purposes of this Chapter about the following matters—
(a) the quality of education provided at independent educational institutions;
(b) the spiritual, moral, social and cultural development of students at independent educational institutions;
(c) the welfare, health and safety of students at independent educational institutions;
(d) the suitability of proprietors of and staff at independent educational institutions;
(e) the premises of and accommodation at independent educational institutions;
(f) the provision of information by independent educational institutions;
(g) the manner in which independent educational institutions handle complaints;
(h) the quality of the leadership in and management of independent educational institutions.
(2) A standard may be prescribed in relation to—
(a) all independent educational institutions,
(b) specified independent educational institutions, or
(c) independent educational institutions of a specified description.
(3) In subsection (2) “specified” means specified in regulations made under this section.
(4) The standards do not apply to early years provision for children who have not attained the age of three (separate requirements as to such provision being imposed by or under Part 3 of the Childcare Act 2006 (c. 21)).
(5) In this Chapter “independent educational institution standards” means—
(a) the standards for the time being prescribed under this section, and
(b) in relation to early years provision for children who have attained the age of three, the Early Years Foundation Stage (see section 39 of the Childcare Act 2006).
(1) The Secretary of State must keep a register of independent educational institutions.
(2) The register is to be known as “the register of independent educational institutions in England”.
(3) The Secretary of State must publish the register in such manner, and at such times, as the Secretary of State considers appropriate.
(1) A person must not conduct an independent educational institution unless it is registered.
(2) A person who conducts an independent educational institution in contravention of subsection (1) is guilty of an offence.
(3) A person guilty of an offence under this section is liable on summary conviction to imprisonment for a term not exceeding 51 weeks or to a fine not exceeding level 5 on the standard scale (or to both).
(4) In relation to an offence committed before the commencement of section 281(5) of the Criminal Justice Act 2003 (c. 44), for “51 weeks” in subsection (3) substitute “six months”.
(1) Where the Chief Inspector has reasonable cause to believe that an offence under section 96 is being committed on any premises, the Chief Inspector may at any reasonable time—
(a) enter and inspect the premises, and
(b) inspect and take copies of any records or other documents which the Chief Inspector has reasonable cause to believe may be required for the purposes of proceedings in relation to such an offence.
(2) Section 58 of the Education Act 2005 (c. 18) (computer records) applies in relation to the inspection of records or other documents under this section.
(3) This section does not confer power to inspect or take copies of anything of a kind specified in section 9(2) of the Police and Criminal Evidence Act 1984 (c. 60) (legally privileged material etc).
(4) It is an offence intentionally to obstruct a person in the exercise of the person’s functions in relation to the inspection.
(5) A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 4 on the standard scale.
(1) The proprietor of an independent educational institution may apply to the Secretary of State for the institution to be entered on the register.
(2) An application to enter an institution in the register must—
(a) contain the prescribed information, and
(b) be made in the prescribed manner.
(3) The information prescribed under subsection (2)(a) must include information as to the following matters relating to the institution—
(a) whether the institution is—
(i) an independent school, or
(ii) an institution within section 92(1)(b);
(b) the age range of students;
(c) the maximum number of students;
(d) whether the institution is for male or female students or both;
(e) whether the institution provides accommodation for students;
(f) whether the institution is specially organised to make special educational provision for students with special educational needs;
(g) in the case of an institution within paragraph (f), the type or types of special educational needs for which the institution is specially organised to make special educational provision.
(4) The Secretary of State must notify the Chief Inspector of an application under this section.
(1) Where the Chief Inspector is notified under section 98(4) that an institution has applied to be entered on the register, the Chief Inspector must—
(a) inspect the institution, and
(b) make a report to the Secretary of State on the extent to which the independent educational institution standards are likely to be met in relation to the institution once it becomes a registered independent educational institution.
(2) The Secretary of State must then decide, taking into account—
(a) the report of the Chief Inspector, and
(b) any other evidence relating to the independent educational institution standards,
whether those standards are likely to be met in relation to the institution once it becomes a registered independent educational institution.
(3) The Secretary of State must notify the proprietor of the institution of the decision made under subsection (2).
(4) If the Secretary of State decides under subsection (2) that the independent educational institution standards are likely to be met in relation to the institution once it becomes a registered independent educational institution, the Secretary of State must enter the institution in the register.
(5) An entry in the register for an independent educational institution must include—
(a) the name and address of the institution,
(b) the name of the proprietor of the institution, and
(c) the information supplied pursuant to section 98(3)(a) to (g).
(1) If the Secretary of State—
(a) has reasonable cause to believe that a registered institution has ceased to be an independent educational institution, and
(b) does not have reasonable cause to believe that the institution will become an independent educational institution again within the following twelve months,
the Secretary of State may remove the institution from the register.
(2) The Secretary of State must notify the proprietor of an institution of any decision to remove it from the register under this section.
(3) The Secretary of State’s decision does not have effect during the period in which—
(a) an appeal may be brought under section 124 against the decision, or
(b) where such an appeal has been brought, the appeal has not been determined, withdrawn or otherwise disposed of.
(1) This section defines “a material change” in relation to an independent educational institution for the purposes of this Chapter.
(2) In relation to an institution other than a special institution, “a material change” means a change in respect of any matter referred to in section 98(3)(e) or (f).
(3) In relation to a special institution, “a material change” means—
(a) a change of proprietor,
(b) a change of address, or
(c) a change in respect of any matter referred to in section 98(3)(a) to (g).
(4) In this section “a special institution” means an independent educational institution that is specially organised to make special educational provision for students with special educational needs.
(1) Where the proprietor of a registered independent educational institution is aware that a material change is to be made in relation to the institution, the proprietor must make an application to the Secretary of State for approval of the change.
(2) An application for approval under this section must be made in writing and, in the case of approval of a change of proprietor, must be made by the proposed new proprietor.
(1) Where an application for approval of a material change is made under section 102, the Secretary of State may direct the Chief Inspector to inspect the institution.
(2) Where such a direction is given, the Chief Inspector must—
(a) inspect the institution, and
(b) make a report to the Secretary of State on the extent to which any relevant standard is likely to continue to be met in relation to the institution if the change is made.
(3) In this section “any relevant standard” means any independent educational institution standard—
(a) specified by the Secretary of State for the purposes of the inspection, or
(b) considered to be relevant by the Chief Inspector in the circumstances of the case.
(1) Where an application for approval of a material change is made under section 102, the Secretary of State must—
(a) approve the change, if satisfied that the independent educational institution standards are likely to continue to be met in relation to the institution if the change is made;
(b) in any other case refuse to approve it.
(2) In coming to a decision under subsection (1) the Secretary of State must take into account—
(a) any report of the Chief Inspector under section 103, and
(b) any other evidence relating to the independent educational institution standards.
(3) The Secretary of State must notify the proprietor of the institution of any decision under subsection (1).
(4) A decision under subsection (1) to refuse to approve a material change does not have effect during the period in which—
(a) an appeal may be brought under section 125 against the decision, or
(b) where such an appeal has been brought, the appeal has not been determined, withdrawn or otherwise disposed of.
(1) The Secretary of State may remove an independent educational institution from the register if—
(a) there has been a material change in relation to the institution,
(b) the change has not been approved under this Chapter, and
(c) either—
(i) no application has been made under section 102 for approval of the change, or
(ii) such an application has been made but has been refused.
(2) The Secretary of State must notify the proprietor of an institution of any decision to remove it from the register under this section.
(3) The Secretary of State’s decision does not have effect during the period in which—
(a) an appeal may be brought under section 124 against the decision, or
(b) where such an appeal has been brought, the appeal has not been determined, withdrawn or otherwise disposed of.
(1) The Secretary of State may—
(a) approve a body or bodies to carry out inspections of registered independent educational institutions;
(b) withdraw approval previously given under paragraph (a).
(2) The Secretary of State may approve a body in relation to—
(a) specified registered independent educational institutions, or
(b) registered independent educational institutions of a specified description.
In this subsection “specified” means specified by the Secretary of State.
(3) The power in subsection (2)(b) to specify a description of independent educational institution includes power to specify a description by reference to membership of a body.
(4) The Secretary of State may by regulations specify matters that must be taken into account in deciding to approve or withdraw approval from a body under this section.
(5) In this Chapter, “an independent inspectorate” means a body approved under this section.
(1) The Chief Inspector must, at intervals of no more than a year, prepare and send to the Secretary of State a report about independent inspectorates.
(2) In preparing a report under this section the Chief Inspector must have regard to such matters as the Secretary of State may direct.
(3) The Secretary of State may in particular give directions about—
(a) matters to be taken into account in preparing a report, and
(b) the form and contents of a report.
(1) The Chief Inspector must—
(a) inspect each independent educational institution to which this section applies at such intervals as may be prescribed, and
(b) make a report to the Secretary of State, in relation to each inspection, on the extent to which any relevant standard is being met, and is likely to continue to be met, in relation to the institution.
(2) In this section “any relevant standard”, in relation to an inspection, means any independent educational institution standard that is—
(a) specified by the Secretary of State for the purposes of the inspection, or
(b) considered to be relevant by the Chief Inspector in the circumstances of the case.
(3) This section does not require the Chief Inspector to carry out an inspection or make a report if the Chief Inspector has been notified by the Secretary of State that the institution is to be inspected instead by an independent inspectorate.
(4) An interval may be prescribed under subsection (1) by reference to the time of an inspection carried out—
(a) by the Chief Inspector in compliance with subsection (1), or
(b) by an independent inspectorate as mentioned in subsection (3).
(5) This section applies to any registered independent educational institution that is not—
(a) an Academy,
(b) a city technology college, or
(c) a city college for the technology of the arts.
(1) The Secretary of State may at any time direct the Chief Inspector to inspect a registered independent educational institution specified in the direction.
(2) Where such a direction is made the Chief Inspector must—
(a) inspect the institution, and
(b) make a report to the Secretary of State on the extent to which any relevant standard is being met in relation to the institution.
(3) The Secretary of State may at any time arrange for an independent inspectorate—
(a) to inspect a registered independent educational institution in relation to which it is approved under section 106, and
(b) to make a report to the Secretary of State on the extent to which any relevant standard is being met in relation to the institution.
(4) In this section “any relevant standard” means any independent educational institution standard that is—
(a) specified by the Secretary of State for the purposes of the inspection, or
(b) considered to be relevant by the person carrying out the inspection in the circumstances of the case.
(1) This section applies to any inspection of a registered independent educational institution that is carried out by the Chief Inspector under this Chapter.
(2) The Chief Inspector has at all reasonable times—
(a) a right of entry to the premises of the institution for the purposes of the inspection, and
(b) a right to inspect and take copies of any records kept by the institution and any other documents containing information relating to the institution that are required for the purposes of the inspection.
(3) Section 58 of the Education Act 2005 (c. 18) (computer records) applies in relation to the inspection of records or other documents under subsection (2)(b).
(4) This section does not confer power to inspect or take copies of anything of a kind specified in section 9(2) of the Police and Criminal Evidence Act 1984 (c. 60) (legally privileged material etc).
(5) It is an offence intentionally to obstruct a person in the exercise of the person’s functions in relation to the inspection.
(6) A person guilty of an offence under subsection (5) is liable on summary conviction to a fine not exceeding level 4 on the standard scale.
(1) Regulations may require the proprietor of an institution to which this section applies to pay to the Chief Inspector a fee in respect of an inspection of the institution carried out by the Chief Inspector under this Chapter.
(2) Regulations under this section must make provision for determining—
(a) the amount of any fee, and
(b) the time at which it must be paid.
(3) Regulations under this section may make provision—
(a) for determining the amount of a fee by reference to circumstances obtaining at a time before the inspection to which it relates takes place;
(b) requiring two or more fees to be paid in respect of an inspection under section 108 (inspections at prescribed intervals);
(c) requiring a fee to be paid at a time before the inspection to which it relates takes place;
(d) prescribing circumstances in which the amount of a fee may be varied or a fee may be waived;
(e) conferring a discretion on the Secretary of State.
(4) The power in subsection (3)(c)—
(a) does not include power to make provision requiring a fee in respect of an inspection under section 108 to be paid at any time at which an independent inspectorate is approved in relation to the institution;
(b) includes power to make provision as to circumstances in which a fee is not to be refunded (and any requirement to pay a fee is to be unaffected) if the inspection to which it relates does not take place.
(5) Without prejudice to section 166(6), regulations under this section may make different provision—
(a) for inspections of different descriptions of institution, or
(b) for inspections carried out for different purposes or in different circumstances.
(6) This section applies to any registered independent educational institution that is not—
(a) an Academy,
(b) a city technology college, or
(c) a city college for the technology of the arts.
(1) Where the proprietor of an institution fails to pay a fee in accordance with regulations under section 111, the Secretary of State may remove the institution from the register.
(2) The Secretary of State must notify the proprietor of an institution of any decision to remove it from the register under this section.
(3) The Secretary of State’s decision does not have effect during the period in which—
(a) an appeal may be brought under section 124 against the decision, or
(b) where such an appeal has been brought, the appeal has not been determined, withdrawn or otherwise disposed of.
(1) The Chief Inspector must comply with a direction given by the Secretary of State to publish the report of any inspection carried out by the Chief Inspector under this Chapter.
(2) A report published by virtue of this section must be published in the prescribed manner.
(1) This section applies to a registered independent educational institution if the Secretary of State is satisfied, taking into account relevant evidence, that one or more of the independent educational institution standards is or are not being met in relation to the institution.
(2) In subsection (1) “relevant evidence” means—
(a) the report of an inspection carried out by the Chief Inspector or an independent inspectorate, or
(b) any other evidence in respect of the institution.
(3) The Secretary of State may require the proprietor of a registered independent educational institution to which this section applies to submit an action plan to the Secretary of State for approval.
(4) In this Chapter “an action plan” means a plan specifying—
(a) the steps that will be taken to meet a standard or standards, and
(b) the time by which each step will be taken.
(5) Any requirement imposed under this section to submit an action plan must be imposed by serving a notice on the proprietor of the institution in question—
(a) identifying the standard or standards that the Secretary of State is satisfied is or are not being met in relation to the institution, and
(b) specifying a date by which the action plan must be submitted.
(6) Where an action plan is submitted in pursuance of a requirement imposed under this section (whether or not by the date specified in the notice), the Secretary of State may—
(a) approve it, with or without modifications, or
(b) reject it.
(7) Where the Secretary of State rejects an action plan, the Secretary of State may impose a further requirement under this section to submit an action plan.
(8) An action plan that has been approved may be varied at any time by the proprietor of the institution in question with the agreement of the Secretary of State.
(1) This section applies to a registered independent educational institution if the Secretary of State is satisfied, taking into account relevant evidence, that one or more of the independent educational institution standards is or are not being met in relation to the institution.
(2) In subsection (1) “relevant evidence” means—
(a) the report of an inspection carried out by the Chief Inspector or an independent inspectorate, or
(b) any other evidence in respect of the institution.
(3) The Secretary of State may take enforcement action under section 116 against the proprietor of a registered independent educational institution to which this section applies if either of the following conditions is met.