34 Section 28 inspections by registered inspectors
(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.
35 Reports of inspections by members of the Inspectorate
(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.
36 Timing of section 28 inspections by registered inspectors
(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 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.
37 Duty to notify where inspection shows maintained school causing concern
(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 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.
(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 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 Assembly .
39 Statement to be prepared by appropriate authority for school
(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 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 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 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 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 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 ... 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 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.
42 Statement to be prepared by proprietor of school
(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 ... 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 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 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 ... 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.
(1) Sections 44B to 44D apply to a maintained school in Wales which—
(a) provides full-time education suitable to the requirements of pupils over compulsory school age, and
(b) provides full-time education suitable to the requirements of pupils of compulsory school age.
(2) For the purposes of those sections a school requires significant improvement in relation to its sixth form if—
(a) the school is failing to give its pupils over compulsory school age an acceptable standard of education, or
(b) in relation to its provision for pupils over compulsory school age, the school is performing significantly less well than it might in all the circumstances reasonably be expected to perform.
44B Inspection reports on schools with sixth forms requiring significant improvement
(1) Where a person inspecting a school under Chapter 3 is of the opinion that the school requires significant improvement in relation to its sixth form, the provisions specified in subsection (2) apply (with the necessary modifications) as they apply where the person is of the opinion that special measures are required to be taken in relation to the school.
(2) Those provisions are section 34(1) to (6) (registered inspectors) or, as the case requires, section 35(1) of that Act (members of the Inspectorate).
44C Report after area inspection on schools with sixth forms requiring significant improvement
(1) This section applies if in the course of an area inspection under section 63 of the Tertiary Education and Research (Wales) Act 2022 the Chief Inspector forms the opinion that a school requires significant improvement in relation to its sixth form.
(2) The Chief Inspector must make a report about the school stating that opinion.
(3) The report is to be treated for the purposes of this Part as if it were a report of an inspection of the school under section 28.
(1) This section applies to a report of an inspection under Chapter 3 which—
(a) states an opinion that a school requires significant improvement in relation to its sixth form, and
(b) is made by a member of the Inspectorate or states that the Chief Inspector agrees with the opinion.
(2) The person making the report must send a copy (together with a copy of the summary, if there is one)—
(a) to the Welsh Ministers, and
(b) if the person making the report is a member of the Inspectorate, to the appropriate authority for the school.
(3) The following provisions apply (with the necessary modifications) in relation to a report to which this section applies—
(a) section 38(3) (additional copies),
(b) section 38(4) (publication by appropriate authority),
(c) section 39 (action plan by appropriate authority), and
(d) where the local authority receives a copy of a report about a school the governing body of which have a delegated budget, section 40(2) and (3) (measures by local authority).
(4) In the application of those provisions—
(a) a reference to a report and summary is to be taken as a reference to a report and, if there is one, its summary, and
(b) a reference to a summary alone is to be taken, in a case where there is no summary, as a reference to the report.
44E Report on sixth form schools causing concern after area inspection
(1) This section applies if in the course of an area inspection under section 63 of the Tertiary Education and Research (Wales) Act 2022 the Chief Inspector forms the opinion that—
(a) special measures are required to be taken in relation to a sixth form school, or
(b) that a sixth form school requires significant improvement.
(2) The Chief Inspector must make a report about the school stating that opinion.
(3) The report is to be treated for the purpose of this Part as if it were a report of an inspection of the school under section 28.
(4) A “sixth form school” is a maintained school which—
(a) provides full-time education suitable to the requirements of pupils over compulsory school age, and
(b) does not provide full-time education suitable to the requirements of pupils of compulsory school age.
In sections 44A to 44E—
“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 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 or a community special 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.
(1) In this Part “denominational education”, in relation to a school in England, 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.
(2) In this Part, “denominational education”, in relation to a school in Wales, means teaching and learning in respect of Religion, Values and Ethics, which is provided—
(a) under paragraph 7(3) or paragraph 8(4) of Schedule 1 to the Curriculum and Assessment (Wales) Act 2021, or
(b) under section 61 of that Act, and in accordance with—
(i) any provisions of the school’s trust deed that relate to teaching and learning in respect of the mandatory element of Religion, Values and Ethics, or
(ii) the tenets of the religion or religious denomination specified in relation to the school in an order under section 68A of the School Standards and Framework Act 1998.
(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 68A 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 68A 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.
51 Power of local authority to inspect maintained school for specific purpose
(1) Where—
(a) for the purpose of enabling them to exercise any education function of theirs, a local 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 authority inspecting a school under this section has at all reasonable times a right of entry to the premises of the school.
52 Provision of inspection services by local authorities in Wales
(1) Any local 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 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 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 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 authorities in Wales (as required by paragraph 2 of Schedule 4),
(b) make provision with respect to the accounts to be kept by local 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 authorities as the Assembly considers appropriate.
(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).
56 Inspection of services related to careers services in Wales
(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).
57 Inspections under sections 55 and 56: further provisions
(1) This section applies to any inspection under section 55 or 56.
(2) The inspection must be conducted by one or more of the following—
(a) any of Her Majesty's Inspectors of Education and Training in Wales, or
(b) any additional inspector authorised under paragraph 2 of Schedule 2;
but such an inspector or inspectors may be assisted by such other persons (whether or not members of the Chief Inspector's staff) as the Chief Inspector thinks fit.
(3) In conducting the inspection, the inspector or inspectors must act in accordance with any instructions or guidelines given from time to time by the Assembly.
(4) The inspector conducting the inspection, and any person assisting him by virtue of subsection (2), have at all reasonable times—
(a) a right of entry to any premises where the relevant services, or as the case requires the education, training or advisory services falling within section 56(1), are provided, and
(b) a right to inspect, and take copies of, any records or other documents kept by the person being inspected, which he requires for the purposes of the inspection.
(5) It is an offence intentionally to obstruct—
(a) the inspector conducting the inspection, or
(b) any person assisting him by virtue of subsection (2),
in the exercise of his 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.
(7) Where the inspection has been completed, the Chief Inspector must—
(a) prepare a written report on the inspection within a prescribed period,
(b) send a copy of the report to—
(i) the person inspected,
(ii) the Assembly,
(iii) any prescribed person, and
(iv) any other person whom he considers appropriate, and
(c) publish the report in the prescribed manner or, if none is prescribed, in such manner as the Chief Inspector considers appropriate.
(8) Subsections (3) and (4) of section 29 (which relate to defamation) apply to the publication of a report under this section as they apply to the publication of a report under either of the provisions mentioned in subsection (2) of that section.
(9) Regulations may require the person inspected to prepare a written statement in response to the report of the inspection.
(10) Regulations under subsection (9) may—
(a) prescribe the matters to be dealt with in the statement,
(b) prescribe the period within which it must be prepared, and
(c) require the person who prepared it to send copies of the statement to prescribed persons and to publish it in the prescribed manner.
A person authorised by any provision of this Part to inspect records or other documents—
(a) is entitled at any reasonable time to have access to, and inspect and check the operation of, any computer and any associated apparatus or material which is or has been in use in connection with the records or other documents in question, and
(b) may require—
(i) the person by whom or on whose behalf the computer is or has been so used, or
(ii) any person having charge of, or otherwise concerned with the operation of, the computer, apparatus or material,
to afford him such assistance as he may reasonably require (including, in particular, the making of information available for inspection or copying in a legible form).
(1) For the purposes of this section “the inspection enactments” are—
(a) this Part,
(b) Part 2 of the Children and Families (Wales) Measure 2010 (child minding and day care for children),
(c) section 122 of, and Schedule 26 to, the School Standards and Framework Act 1998 (c. 31) (inspection of nursery educationin Wales ), ...
(d) Chapter 1 of Part 10 of the Education Act 2002 (c. 32) (regulation of independent schoolsin Wales), ...
(e) Chapters 2 and 3 of Part 3 of the Childcare Act 2006 (regulation of early years and later years provision in England), and
(f) Chapter 1 of Part 4 of the Education and Skills Act 2008 (regulation of independent educational provision in England).
(2) Where, following inspections conducted under two or more inspection enactments by one person or two or more different persons, that person is (or those persons are) required to make a report under each of those enactments, nothing in any of those enactments is to be regarded as preventing him (or them) from—
(a) including those reports in a single document (“a combined report”), and
(b) to such extent as he considers (or they consider) appropriate, combining the substantive reports required by those enactments.
(2A) Subsection (2) does not apply so as to authorise the making of a combined report by the Chief Inspector for England (as to which section 152 of the Education and Inspections Act 2006 applies instead).
(3) Where a combined report is made, any reference in the inspection enactments to the publication of a report, or to the giving, or making available, to any person of a copy of a report is to be read so far as necessary as a reference to the publication of the combined report, or to the giving or making available to that person of a copy of the combined report.
(4) The Chief Inspector for Walesmay arrange for a combined report to be published in any manner he considers appropriate, but this subsection does not limit any duty as to publication imposed by any of the inspection enactments.
(5) In this section—
“ the Chief Inspector for England ” means Her Majesty's Chief Inspector of Education, Children's Services and Skills; and
“ the Chief Inspector for Wales ” means Her Majesty's Chief Inspector of Education and Training in Wales.
62 Power of Assembly to change inspection framework for Wales
(1) The Assembly may by order—
(a) make provision in relation to Wales corresponding to—
(i) that made in relation to England by any English inspection provision, or
(ii) that which could be made in relation to England by regulations under any English inspection provision,
(b) repeal any Welsh inspection provision which does not correspond to an English inspection provision, and
(c) make such provision as the Assembly thinks fit in connection with any provision made by virtue of paragraph (a) or (b).
(2) In relation to section 39 (statement to be prepared by appropriate authority for maintained school), the power conferred by paragraph (b) of subsection (1) includes power, instead of repealing the section, to limit the cases in which it applies.
(3) The powers conferred by paragraphs (a) and (c) of subsection (1) include power to amend or repeal any enactment (whenever passed or made), including any provision of this Act.
(4) For the purposes of this section—
(a) an English inspection provision is any provision of—
(i) Chapters 1 and 2,
(ii) sections 48 and 49 (denominational education in England),
(iii) Schedule 26 to the School Standards and Framework Act 1998 (c. 31) (nursery education), so far as relating to England, or
(iv) sections 106 to 113 of the Education and Skills Act 2008 (independent educational institutions in England),
(b) a Welsh inspection provision is any provision of —
(i) Chapters 3 and 4,
(ii) section 50 and Schedule 6 (denominational education in Wales),
(iii) section 52 (provision of inspection services by local authorities in Wales),
(iv) Schedule 26 to the School Standards and Framework Act 1998 (nursery education), so far as relating to Wales, or
(v) sections 163 and 164 of the Education Act 2002 (independent schools in Wales).
(5) In this section “enactment” includes an enactment comprised in subordinate legislation, within the meaning of the Interpretation Act 1978 (c. 30).
(1) In this Part—
“Church of England school”, “Church in Wales school”, “Roman Catholic Church school” and “appropriate diocesan authority”, in each case, have the meaning given by section 142 of the School Standards and Framework Act 1998 (c. 31);
“delegated budget” has the same meaning as in section 49 of the School Standards and Framework Act 1998;
“denominational education” has the meaning given by section 47.
(2) References in this Part to special measures being, or not being, required to be taken in relation to a school are to be read in accordance with section 44(1).
(3) References in this Part to a school requiring, or not requiring, significant improvement are to be read in accordance with section 44(2).