Education Act 2005
2005 c. 18
An Act to make provision about the inspection of schools, child minding, day care, nursery education and careers services; to make other provision about school education; to make provision about the training of persons who work in schools and other persons who teach, about the supply of personal information for purposes related to education and about the attendance of children at educational provision outside schools; and for connected purposes.
[7th April 2005]
Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—
5 Duty to inspect certain schools at prescribed intervals
(1) It is the duty of the Chief Inspector—
(a) to inspect under this section every school in England to which this section applies, at such intervals as may be prescribed, and
(b) when the inspection has been completed, to make a report of the inspection in writing.
(2) Subject to subsections (3) and (4A), the schools to which this section applies are—
(a) community, foundation and voluntary schools,
(b) community and foundation special schools,
(c) maintained nursery schools,
(d) Academy schools,
(da) alternative provision Academies,
(e) city technology colleges,
(f) city colleges for the technology of the arts, and
(g) special schools which are not community or foundation special schools but are for the time being approved by the Secretary of State under section 342 of the Education Act 1996 (c. 56) (approval of special schools).
(3) This section does not apply to any school—
(a) which is a closing school (as defined by subsection (4)), and
(b) in respect of which the Chief Inspector has decided, having regard to the date on which the closure is to take effect, that no useful purpose would be served by the school being inspected under this section.
(4) In subsection (3)(a)a “closing school” means—
(a) any community, foundation or voluntary school, community or foundation special school or maintained nursery school in respect of which proposals to discontinue the school have been approved, adopted or determined under any enactment,
(b) a foundation or voluntary school in respect of which the governing body have given notice of discontinuance under section 30 of the School Standards and Framework Act 1998 (c. 31),
(c) a community, foundation or voluntary or community or foundation special school in respect of which the Secretary of State has given a direction to discontinue the school under section 17 or 68 of the Education and Inspections Act 2006 ,
(d) an Academy in respect of which notice of termination of Academy arrangements has been given, or
(e) a special school which is not a community or foundation special school but is for the time being approved by the Secretary of State under section 342 of the Education Act 1996 and which the proprietor has decided to close.
(4A) Regulations may provide that this section does not apply to prescribed categories of school in prescribed circumstances.
(4B) A school to which this section does not apply by virtue of regulations under subsection (4A) is an “exempt school”.
(5) It is the general duty of the Chief Inspector, when conducting an inspection under this section, to report on the quality of education provided in the school.
(5A) The Chief Inspector's report under subsection (5) must in particular cover—
(a) the achievement of pupils at the school;
(b) the quality of teaching in the school;
(c) the quality of the leadership in and management of the school;
(d) the behaviour and safety of pupils at the school.
(5B) In reporting under subsection (5), the Chief Inspector must consider—
(a) the spiritual, moral, social and cultural development of pupils at the school;
(b) the extent to which the education provided at the school meets the needs of the range of pupils at the school, and in particular the needs of—
(i) pupils who have a disability for the purposes of the Equality Act 2010, and
(ii) pupils who have special educational needs.
(6) Subsection (1) has effect subject to section 9.
(7) An inspection which is required under this section must not extend to—
(a) denominational education, or
(b) the content of collective worship which falls to be inspected under section 48.
(1) If the appropriate authority for a school ... is notified by, or under arrangements made by, the Chief Inspector that the Chief Inspector is proposing to inspect the school under section 5, the appropriate authority must take such steps as are reasonably practicable to notify—
(a) the registered parents of registered pupils at the school, and
(b) such other persons as may be prescribed,
of the time when the inspection is to take place.
(2) Any notification given under subsection (1)(a) must include a statement, in a form approved by the Chief Inspector, inviting the registered parents of registered pupils to inform the Chief Inspector of their views on matters relating to the school.
(3) In subsection (1) “appropriate authority” means—
(a) in relation to a community, foundation or voluntary school, a community or foundation special school or a maintained nursery school, the school's governing body or, if the school does not have a delegated budget, the local authority, and
(b) in relation to a school falling within any of paragraphs (d) to (g) of section 5(2), the proprietor of the school.
In conducting an inspection of a school under section 5, the matters to which the Chief Inspector must have regard include any views expressed to him by any of the following persons—
(a) the head teacher,
(b) in the case of a maintained school, the governing body,
(c) in the case of any other school, the proprietor of the school,
(d) any person prescribed for the purposes of section 6(1)(b),
(e) members of the staff of the school,
(f) registered pupils at the school, and
(g) the registered parents of registered pupils.
(1) If requested to do so by the Secretary of State, the Chief Inspector must inspect and report on such school, or class of school, in England as is specified in the request.
(2) The Chief Inspector may inspect any school in England in circumstances where he is not required to do so by section 5 or subsection (1) above.
(3) If the Chief Inspector carries out an inspection of a school under subsection (2) in response to a request from the appropriate authority for the school, the Chief Inspector may charge the appropriate authority for the cost of the inspection.
(4) In subsection (3), “appropriate authority” has the meaning given by section 6(3).
9 Power or duty to treat other inspection as section 5 inspection
(1) If the Chief Inspector so elects in the case of any inspection under section . . . 8 of a school to which section 5 applies, that inspection is to be treated for the purposes of section 5(1) and of Chapter 2 as if it were an inspection under section 5.
(2) In the case of an inspection of an exempt school under section 8, the Chief Inspector may elect to treat the inspection for the purposes of subsections (5) to (5B) and (7) of section 5, sections 6 and 7 and Chapter 2 as if it were an inspection under section 5.
(3) In the case of an inspection of an exempt school under section 8(1), the Secretary of State may require the Chief Inspector to treat the inspection for the purposes of subsections (5) to (5B) and (7) of section 5, sections 6 and 7 and Chapter 2 as if it were an inspection under section 5.
(4) In the case of an inspection of a school under section 8(2) which is carried out in response to a request from the appropriate authority for the school, the Chief Inspector must treat the inspection for the purposes of subsections (5) to (5B) and (7) of section 5, sections 6 and 7 and Chapter 2 as if it were an inspection under section 5.
(5) In subsection (4), “appropriate authority” has the meaning given by section 6(3).
10 Power of entry etc. for purposes of inspection under section 5 or 8
(1) When inspecting a school under section 5 or 8, the Chief Inspector has at all reasonable times—
(a) a right of entry to the premises of the school,
(b) a right of entry to any other premises on which, by virtue of arrangements made by the school, any pupils who—
(i) are registered at the school, and
(ii) have attained the age of 15, or will attain that age in the current school year, but have not ceased to be of compulsory school age,
are receiving part of their education from any person (“the provider”),
(c) a right of entry to any premises of the provider used in connection with the provision by him of that education,
(d) a right to inspect, and take copies of, any records kept by the school, and any other documents containing information relating to the school, which he considers relevant to the discharge of his functions, and
(e) a right to inspect and take copies of—
(i) any records kept by the provider relating to the provision of education for pupils registered at the school, and
(ii) any other documents containing information relating to the provision of such education by the provider,
which the Chief Inspector considers relevant to the discharge of his functions.
(2) It is an offence intentionally to obstruct the Chief Inspector in relation to the inspection of a school for the purposes of section 5 or 8.
(3) A person guilty of an offence under subsection (2) is liable on summary conviction to a fine not exceeding level 4 on the standard scale.
(1) The Chief Inspector may make a statement (an “interim statement”) about a school in England to which section 5 applies.
(2) An interim statement is a statement—
(a) that the Chief Inspector is of the opinion that it is not necessary for the school to be inspected under section 5 for at least a year after the date on which the statement is made,
(b) setting out the Chief Inspector's reasons for forming that opinion, and
(c) containing such other information (if any) as the Chief Inspector considers appropriate.
(3) The Chief Inspector may arrange for an interim statement to be published in such manner as the Chief Inspector considers appropriate.
(4) Section 151 of the Education and Inspections Act 2006 (publication of inspection reports: privilege and electronic publication) applies in relation to an interim statement as it applies in relation to a report.
(1) The Chief Inspector may arrange for any report of an inspection carried out by him under any provision of this Chapter (whether the report is required by any such provision or is otherwise made in pursuance of his functions under that provision) to be published in such manner as he considers appropriate.
(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
11A Power of Chief Inspector to investigate complaints about schools
(1) The Chief Inspector may investigate a qualifying complaint if he thinks it is appropriate to do so—
(a) for the purpose of determining whether it is or may be appropriate to have regard to the matters raised by the complaint in carrying out any of his functions in relation to schools in England, and
(b) in particular, for the purpose of determining, in the light of the complaint—
(i) when to carry out an inspection under section 5 (insofar as the timing of such an inspection is within his discretion), and
(ii) whether it would be appropriate to carry out an inspection under section 8(2).
(2) A complaint is a qualifying complaint if—
(a) it is about a matter relating to a relevant school and that matter—
(i) falls within a prescribed description, and
(ii) does not fall within any prescribed exception,
(b) it is made in writing to the Chief Inspector, and
(c) it is made by a person who satisfies prescribed conditions.
(3) The conditions prescribed for the purposes of subsection (2)(c) may, in particular, require that the person has, before making the complaint to the Chief Inspector, taken advantage of other procedures of a prescribed description for dealing with the complaint.
(4) Regulations may enable the Chief Inspector to determine that a condition prescribed for the purposes of subsection (2)(c) by virtue of subsection (3) is not to apply in relation to a person making a complaint.
(5) In this section, “ relevant school ” means any of the schools mentioned in paragraphs (a) to (g) of section 5(2).
(1) This section applies where a qualifying complaint is made to the Chief Inspector by a person who is a registered parent of a registered pupil at the school to which the complaint relates.
(2) If the Chief Inspector so requests for the purposes of an investigation of the complaint, the governing body of the school to which the complaint relates must provide him with—
(a) such information held by them as may be specified or described in the Chief Inspector's request, and
(b) such other information held by them as they consider may be relevant to the investigation.
(3) If the complaint relates to a maintained school and the Chief Inspector so requests for the purposes of an investigation of the complaint, the local authority who maintain the school must provide him with—
(a) such information held by them as may be specified or described in the Chief Inspector's request, and
(b) such other information held by them as they consider may be relevant to the investigation.
(4) If, for the purposes of an investigation of the complaint, it appears to the Chief Inspector to be appropriate to hold a meeting for registered parents of registered pupils at the school to which the complaint relates—
(a) he must give notice to that effect to—
(i) the governing body of the school (unless the school falls within sub-paragraph (ii)), or
(ii) if the school is a maintained school which does not have a delegated budget, the local authority who maintain the school, and
(b) on being so notified, the governing body or (as the case may be) the local authority must co-operate with the Chief Inspector in the making of arrangements for the meeting.
(5) In particular, the governing body or (as the case may be) the local authority must if so requested by the Chief Inspector—
(a) allow the meeting to be held on the premises of the school,
(b) fix a date for the meeting which is consistent with any request made by the Chief Inspector for that purpose, and
(c) take such steps as are specified by the Chief Inspector to give—
(i) the registered parents of registered pupils at the school, and
(ii) if the school is a maintained school which has a delegated budget, the local authority who maintain the school,
such notice as the Chief Inspector may specify of the date, time and place of the meeting and of its purpose.
(6) The following persons (in addition to the registered parents of registered pupils at the school) may attend a meeting held in pursuance of subsection (5)—
(a) a representative of the governing body of the school, and
(b) if the school is a maintained school, a representative of the local authority who maintain the school.
(7) In this section—
“ governing body ”, in relation to a relevant school which is not a maintained school, means the proprietor of the school;
“ maintain ”, in relation to school, has the same meaning as in the School Standards and Framework Act 1998;
“ maintained school ” means a community, foundation or voluntary school, a community or foundation special school or a maintained nursery school;
“ qualifying complaint ” is to be read in accordance with section 11A(2);
“ relevant school ” has the meaning given by section 11A(5).
(1) This section applies where, for the purposes of an investigation of a qualifying complaint to which section 11B applies the Chief Inspector—
(a) requests information as mentioned in subsection (2) or (3) of that section, or
(b) gives notice in pursuance of subsection (4)(a) of that section that he considers it appropriate to hold a meeting for registered parents of registered pupils at the school to which the complaint relates.
(2) The Chief Inspector may, if he considers it appropriate to do so, prepare a report of the outcome of the investigation by him of the complaint.
(3) If the Chief Inspector prepares a report under subsection (2) he must send a copy of the report to—
(a) the governing body of the school (unless the school falls within paragraph (b)), or
(b) if the school is a maintained school which does not have a delegated budget, the local authority who maintain the school.
(4) The body to whom a report is sent under subsection (3) must, if so requested by the Chief Inspector, provide a copy of the report to the registered parents of registered pupils at the school to which the complaint relates.
(5) In this section, “ governing body ” and “ qualifying complaint ” have the same meaning as in section 11B.
In this Chapter—
“the Chief Inspector” means Her Majesty's Chief Inspector of Education, Children's Services and Skills;
“exempt school” has the meaning given in section 5(4B);
“prescribed” means prescribed by regulations;
“regulations” means regulations made by the Secretary of State under this Chapter;
“well-being”, in relation to pupils at a school, is a reference to their well-being having regard to the matters mentioned in section 10(2) of the Children Act 2004 (c. 31).
13 Duties of Chief Inspector where school causes or has caused concern
(1) If, on completion of a section 5 inspection of a school, the Chief Inspector 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 comply with subsections (2) and (3).
(2) The Chief Inspector must—
(a) send a draft of the report of the inspection—
(i) in the case of a maintained school, to the governing body, and
(ii) in the case of any other school, to the proprietor of the school, and
(b) consider any comments on the draft that are made to him within the prescribed period by the governing body or proprietor, as the case may be.
(3) If, after complying with subsection (2), the Chief Inspector is of the opinion that the case falls within paragraph (a) or (b) of subsection (1)—
(a) he must without delay give a notice in writing, stating that the case falls within paragraph (a) or (b) of subsection (1)—
(i) to the Secretary of State,
(ii) in the case of a maintained school, to the local authority, and
(iii) in the case of any other school, to the proprietor of the school, and
(b) he must state his opinion in the report of the inspection.
(4) If a report of a section 5 inspection is made in circumstances where—
(a) in the latest report of an inspection of the school, the Chief Inspector stated that in his opinion special measures were required to be taken in relation to the school, but
(b) the Chief Inspector is of the opinion that special measures are not required to be taken in relation to the school,
he must state his opinion in the report (whether or not he is required by subsection (3)(b) also to state the opinion that the school requires significant improvement).
(5) If a report of a section 5 inspection is made in circumstances where—
(a) in the latest report of an inspection of the school, the Chief Inspector stated that in his opinion the school required significant improvement, but
(b) the Chief Inspector 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,
he must state his opinion in the report.
(1) The Chief Inspector must ensure that a copy of the report of any section 5 inspection of a maintained school is sent without delay to the appropriate authority for the school.
(2) The Chief Inspector must ensure that copies of the report are sent—
(a) to the head teacher of the school,
(b) to whichever of the local authority and the governing body are not the appropriate authority,
(c) in the case of a school having foundation governors, to the person who appoints them and (if different) to the appropriate appointing authority, and
(d) in such circumstances as may be prescribed, to such other persons (if any) as may be prescribed.
(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4) The appropriate authority must—
(a) make a copy of any report sent to the authority under subsection (1) 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, 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 report within such period following receipt of the report by the authority as may be prescribed.
14A Destination of interim statements: maintained schools
(1) The Chief Inspector must ensure that a copy of any interim statement about a maintained school is sent without delay to the appropriate authority for the school.
(2) The Chief Inspector must ensure that copies of the statement are sent—
(a) to the head teacher of the school,
(b) to whichever of the local authority and the governing body are not the appropriate authority, and
(c) in the case of a school having foundation governors, to the person who appoints them and (if different) to the appropriate appointing authority.
(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4) The appropriate authority must—
(a) make a copy of any statement sent to the authority under subsection (1) available for inspection by members of the public at such times and at such places as may be reasonable,
(b) provide one copy of the statement free of charge 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 within such period following receipt of the statement by the authority as may be prescribed.
(1) Subsection (2)applies where, in a report of a section 5 inspection of a maintained school, the Chief Inspector stated either—
(a) that in his opinion special measures were required to be taken in relation to the school, or
(b) that in his opinion the school required significant improvement.
(2) The local authority must—
(a) consider what action to take in the light of the report,
(b) consider what arrangements to make for the purpose of informing registered parents of the proposed action, ascertaining their views on the proposed action and taking account of those views,
(c) consider whether those arrangements are to include the appointment of a specified person for that purpose,
(d) prepare a written statement—
(i) of the action they propose to take, and the period within which they propose to take that action, or, if they do not propose to take such action, of their reasons for not doing so, and
(ii) of the arrangements they propose to make for the purpose mentioned in paragraph (b), and
(e) send a copy of the statement prepared under paragraph (d) to—
(i) the Chief Inspector,
(ii) in the case of a voluntary aided school, the person who appoints the foundation governors and (if different) the appropriate appointing authority, and
(iii) such other persons as the Secretary of State may specify.
(2A) Subsection (2B) applies where—
(a) the local authority have prepared a statement under subsection (2) in relation to a school,
(b) it appears to the Secretary of State, on the basis of a report of an interim inspection of the school by the Chief Inspector, that the case has become urgent, and
(c) no subsequent inspection of the school has been made under section 5.
(2B) The Secretary of State may by notice require the local authority to—
(a) consider the action to be taken in the light of the report of the interim inspection and the arrangements to be made for the purpose mentioned in subsection (2)(b),
(b) prepare a written statement—
(i) of the action they propose to take, and the period within which they propose to take that action, or, if they do not propose to take such action, of their reasons for not doing so, and
(ii) of the arrangements they propose to make for the purpose mentioned in subsection (2)(b), and
(c) send a copy of the statement to the Secretary of State and to the persons mentioned in subsection (2)(e)(i) to (iii).
(2C) For the purposes of subsections (2A) and (2B) an “interim inspection” is an inspection under section 8 which is not treated as a section 5 inspection by virtue of section 9.
(3) It is the duty of the local authority to prepare a statement under subsection (2) or (2B) 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 Chief Inspector is of the opinion that special measures are required to be taken in relation to the school, and
(ii) the Secretary of State is of the opinion that the urgency of the case requires a shorter period,
such shorter period as the Secretary of State 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.
(4) In performing their functions under subsections (2)(a), (b), (c) and (d) and (2B)(a) and (b), the local authority must have regard to any guidance given from time to time by the Secretary of State.
(1) The Chief Inspector must ensure that a copy of the report of any section 5 inspection of a school other than a maintained school is sent without delay to the proprietor of the school.
(2) In the case of a special school which is not a community or foundation special school, the proprietor must without delay send a copy of any report sent to him under subsection (1) to any local authority that are paying fees in respect of the attendance of a registered pupil at the school.
(3) The proprietor of the school must—
(a) make any report sent to him under subsection (1) 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, 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 report within such period following receipt of the report by the proprietor as may be prescribed.
16A Destination of interim statements: non-maintained schools
(1) The Chief Inspector must ensure that a copy of any interim statement about a school other than a maintained school is sent without delay to the proprietor of the school.
(2) In the case of a special school which is not a community or foundation special school, the proprietor must without delay send a copy of any interim statement sent to the proprietor under subsection (1) to any local authority that are paying fees in respect of the attendance of a registered pupil at the school.
(3) The proprietor of the school must—
(a) make any statement sent to the proprietor under subsection (1) available for inspection by members of the public at such times and at such place as may be reasonable,
(b) provide one copy of the statement free of charge 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 within such period following receipt of the statement by the proprietor as may be prescribed.
17 Statement to be prepared by proprietor of school
(1) Subsection (1A) appliesWhere there is sent to the proprietor of a school other than a maintained school a report of a section 5 inspection in which the Chief Inspector states—
(a) that he is of the opinion that special measures are required to be taken in relation to the school, or
(b) that he is of the opinion that the school requires significant improvement,
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(1A) The proprietor must—
(a) consider what action to take in the light of the report,
(b) consider what arrangements to make for the purpose of informing registered parents of the proposed action, ascertaining their views on the proposed action and taking account of those views,
(c) consider whether those arrangements are to include the appointment of a specified person for that purpose, and
(d) prepare a written statement—
(i) of the action the proprietor proposes to take, and the period within which he proposes to take that action, or, if he does not propose to take such action, of his reasons for not doing so, and
(ii) of the arrangements he proposes to make for the purpose mentioned in paragraph (b).
(1B) Subsection (1C) applies where—
(a) the proprietor of a school has prepared a statement under subsection (1A) in relation to the school,
(b) it appears to the Secretary of State, on the basis of a report of an interim inspection of the school by the Chief Inspector, that the case has become urgent, and
(c) no subsequent inspection of the school has been made under section 5.
(1C) The Secretary of State may by notice require the proprietor to—
(a) consider the action to be taken in the light of the report of the interim inspection and the arrangements to be made for the purpose mentioned in subsection (1A)(b), and
(b) prepare a written statement—
(i) of the action the proprietor proposes to take, and the period within which he proposes to take that action, or, if he does not propose to take such action, of his reasons for not doing so, and
(ii) of the arrangements the proprietor proposes to make for the purpose mentioned in subsection (1A)(b)”.
(1D) For the purposes of subsections (1B) and (1C) an “interim inspection” is an inspection under section 8 which is not treated as a section 5 inspection by virtue of section 9.
(2) It is the duty of the proprietor of the school 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 Chief Inspector is of the opinion that special measures are required to be taken in relation to the school, and
(ii) the Secretary of State is of the opinion that the urgency of the case requires a shorter period,
such shorter period as the Secretary of State 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 a statement under subsection (1A) or (1C) 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,
(aa) in the case of a statement under subsection (1C), to the Secretary of State,
and
(b) in such circumstances as may be prescribed, to such other persons (if any) as may be prescribed.
(4) In the case of a special school which is not a community or foundation special school, the proprietor of the school must, before the end of the prescribed period, send a copy of any such statement prepared by him to any local authority that are paying fees in respect of the attendance of a registered pupil at the school.
(5) In performing his functions under subsections (1A)(a), (b), (c) and (d) and (1C)(a) and (b), the proprietor must have regard to any guidance given from time to time by the Secretary of State.
In this Chapter—
“the appropriate appointing authority”, in relation to a voluntary aided school, means—
the appropriate diocesan authority, if it is 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, Children's Services and Skills;
“ interim statement ” means an interim statement under section 10A;
“maintained school” means a community, foundation or voluntary school, a community or foundation special school or a maintained nursery school;
“prescribed” means prescribed by regulations;
“regulations” means regulations made by the Secretary of State under this Chapter;
“section 5 inspection” means an inspection under section 5.
19 Her Majesty's Inspectorate of Education and Training in Wales
(1) Her Majesty may by Order in Council appoint a person to the office of Her Majesty's Chief Inspector of Education and Training in Wales or Prif Arolygydd Ei Mawrhydi dros Addysg a Hyfforddiant yng Nghymru (“the Chief Inspector”).
(2) Her Majesty may by Order in Council appoint persons as Her Majesty's Inspectors of Education and Training in Wales or Arolgwyr Ei Mawrhydi dros Addysg a Hyfforddiant yng Nghymru.
(3) Any person appointed as one of Her Majesty's Inspectors of Education and Training in Wales is to serve, in accordance with the terms and conditions on which he is appointed, as a member of the staff of the Chief Inspector.
(4) The Chief Inspector holds and vacates office in accordance with the terms of his appointment, but—
(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 Assembly, and
(c) may be removed from office by Her Majesty on the ground of incapacity or misconduct.
(5) The previous appointment of a person as Chief Inspector does not affect his eligibility for appointment.
(6) If the Assembly considers that any of the powers conferred by subsection (1), (2) and (4)(c) ought to be exercised, the Assembly must advise the Secretary of State on any recommendation to be made to Her Majesty as to the exercise of the power.
(7) The terms of a person's appointment under subsection (2) are to be determined by the Chief Inspector with the approval of the Assembly.
(8) Schedule 2 makes further provision about the Chief Inspector and his staff.
(1) The Chief Inspector has the general duty of keeping the Assembly informed about—
(a) the quality of the education provided by schools in Wales,
(b) how far that education meets the needs of the range of pupils at those schools,
(c) the educational standards achieved in those schools,
(d) the quality of the leadership in and management of those schools, including whether the financial resources made available to those schools are managed efficiently,
(da) the development of pupils at maintained schools (except those over compulsory school age) by reference to the four purposes of a curriculum for those pupils,
(e) the spiritual, moral, social and cultural development of pupils at those schools, and
(f) the contribution made by those schools to the well-being of those pupils.
(g) actions taken at maintained schools to promote healthy eating and drinking.
(1A) In subsection (1)(da)—
“maintained school” does not include a community special school established in a hospital, and
“the four purposes of a curriculum” for the pupils mentioned in paragraph (da) are those set out in section 2(1) of the Curriculum and Assessment (Wales) Act 2021.
(2) When asked to do so by the Assembly, the Chief Inspector must—
(a) give advice to the Assembly on such matters as may be specified in the Assembly's request, and
(b) inspect and report on such school, or class of school, in Wales as may be so specified.
(3) In addition, the Chief Inspector has the following specific duties—
(a) establishing and maintaining the register mentioned in section 25(1);
(b) giving guidance to inspectors registered in that register, and such other persons as he considers appropriate, in connection with inspections of schools in Wales under section 28 and the making of reports of such inspections;
(c) keeping under review the system of inspecting schools under that section and, in particular, the standard of such inspections and of the reports made by registered inspectors;
(d) keeping under review the extent to which any requirement imposed by or under this Part, or any other enactment, on any registered inspector, local authority, proprietor of a school or governing body in relation to inspections of schools in Wales is complied with;
(e) promoting efficiency in the conduct and reporting of inspections of schools in Wales by encouraging competition in the provision of services by registered inspectors.
(4) The Chief Inspector may at any time give advice to the Assembly on any matter connected with schools, or a particular school, in Wales.
(5) The Chief Inspector is to have such other functions in connection with schools in Wales, including functions with respect to the training of teachers for such schools, as may be assigned to him by the Assembly.
(6) In exercising his functions, the Chief Inspector must have regard to such aspects of policy adopted or formulated by the Assembly as the Assembly may direct.
(7) This section does not apply in relation to education to which the functions of the Chief Inspector under Part 2 of the Tertiary Education and Research (Wales) Act 2022 apply.
(1) The Chief Inspector—
(a) must make an annual report to the Assembly,
(b) may make such other reports to the Assembly, with respect to matters which fall within the scope of his functions, as he considers appropriate, and
(c) may arrange for any report made by him under this section to be published in such manner as he considers appropriate.
(2) The Assembly must publish any report that is made to it under subsection (1)(a).
(1) The Assembly may by regulations—
(a) establish a panel for the purpose of providing advice to the Assembly on matters relating to the functions that are at any time exercisable by the Chief Inspector under this Part or any other enactment, and
(b) make provision as to the functions of the panel.
(2) The regulations may in particular—
(a) make provision about the appointment of members of the panel,
(b) make provision for remuneration and allowances to be paid to members of the panel,
(c) require the panel and the Chief Inspector to co-operate with each other,
(d) require the panel to make reports to the Assembly.
(1) For the purposes of the exercise of any function conferred by or under section 20, the Chief Inspector has at all reasonable times, in relation to any school in Wales—
(a) a right of entry to the premises of the school, and
(b) a right to inspect, and take copies of, any records kept by the school, and any other documents containing information relating to the school, which he requires for those purposes.
(2) For the purposes of the exercise of any function conferred by or under section 20, the Chief Inspector has at all reasonable times—
(a) a right of entry to any premises (other than school premises) on which, by virtue of arrangements made by a school in Wales, any pupils who—
(i) are registered at the school, and
(ii) have attained the age of 15, or will attain that age in the current school year, but have not ceased to be of compulsory school age,
are provided with part of their education by any person (“the provider”),
(b) a right of entry to any premises of the provider used in connection with the provision by him of that education, and
(c) a right to inspect and take copies of—
(i) any records kept by the provider relating to the provision of that education, and
(ii) any other documents containing information so relating,
which the Chief Inspector requires for those purposes.
(3) It is an offence intentionally to obstruct the Chief Inspector—
(a) in the exercise of his functions in relation to the inspection of a school for the purposes of section 20(2)(b), or
(b) in the exercise of any right under subsection (1) or (2) for the purposes of the exercise of any other function.
(4) A person guilty of an offence under subsection (3) is liable on summary conviction to a fine not exceeding level 4 on the standard scale.
24 Power of Chief Inspector to arrange for inspections
(1) The Chief Inspector may cause any school in Wales to be inspected by one or more of Her Majesty's Inspectors of Education and Training in Wales (in this section referred to as “Inspectors”).
(2) Where an inspection of a school in Wales is being conducted by a registered inspector under section 28, the Chief Inspector may arrange for that inspection to be monitored by one or more Inspectors.
(3) An Inspector inspecting a school, or monitoring an inspection, under this section has at all reasonable times—
(a) a right of entry to the premises of the school,
(b) a right of entry to any other premises on which, by virtue of arrangements made by the school, any pupils who—
(i) are registered at the school, and
(ii) have attained the age of 15, or will attain that age in the current school year, but have not ceased to be of compulsory school age,
are receiving part of their education from any person (“the provider”),
(c) a right of entry to any premises of the provider used in connection with the provision by him of that education,
(d) a right to inspect, and take copies of, any records kept by the school, and any other documents containing information relating to the school, which he considers relevant to the discharge of his functions, and
(e) a right to inspect and take copies of—
(i) any records kept by the provider relating to the provision of education for pupils registered at the school, and
(ii) any other documents containing information relating to the provision of such education by the provider,
which the Inspector considers relevant to the discharge of his functions.
(4) It is an offence intentionally to obstruct any Inspector in the exercise of any of his functions under this section.
(5) A person guilty of an offence under subsection (4) is liable on summary conviction to a fine not exceeding level 4 on the standard scale.
(6) An inspection of a school conducted under subsection (1) may not extend to any education of a kind to which the functions of the Chief Inspector under Part 2 of the Tertiary Education and Research (Wales) Act 2022 apply that is provided by the school.
(1) No person may conduct an inspection of any school in Wales under section 28 unless—
(a) he is a member of the Inspectorate, or
(b) he is registered as an inspector in a register kept by the Chief Inspector for the purposes of this Chapter.
(2) The Chief Inspector may not register a person under this section unless, having regard to any conditions that he proposes to impose under subsection (4)(c), it appears to him that that person—
(a) is a fit and proper person for discharging the functions of a registered inspector, and
(b) will be capable of conducting inspections under this Chapter competently and effectively,
and no person may be so registered if he falls within a category of persons prescribed for the purposes of this subsection.
(3) An application for registration under this section—
(a) must be made in such manner, and be accompanied by such particulars, as the Chief Inspector may direct, and
(b) must be accompanied by the prescribed fee.
(4) On an application duly made under this section the Chief Inspector may—
(a) register the applicant,
(b) refuse to register him, or
(c) register him subject to such conditions as the Chief Inspector considers it appropriate to impose.
(5) The matters to which the Chief Inspector may have regard in deciding whether to register the applicant include, in particular—
(a) the extent to which the Chief Inspector proposes to exercise his discretion under subsection (1) of section 28 to secure that inspections under that section are conducted by members of the Inspectorate rather than registered inspectors, and
(b) the extent to which there is a need for registered inspectors in Wales.
(6) Conditions under subsection (4)(c) may be conditions applying generally in relation to all cases, or particular classes of case, or such conditions together with specific conditions applying in the particular case.
(7) Where a person is registered subject to conditions imposed under subsection (4)(c), he is to be taken to be authorised to act as a registered inspector only so far as those conditions permit.
(8) The period for which any registration is to have effect is to be determined by the Chief Inspector and must be entered in the register kept by him.
(9) Nothing in subsection (8) is to be taken as preventing a registered inspector from applying for a fresh registration to take effect immediately on the expiry of his current registration.
26 Removal from register and imposition or variation of conditions
(1) If the Chief Inspector is satisfied that any of the conditions mentioned in subsection (2) is satisfied with respect to an inspector registered in the register, he may remove the name of that inspector from the register.
(2) The conditions are that—
(a) he is no longer a fit and proper person for discharging the functions of a registered inspector under this Chapter;
(b) he is no longer capable of conducting inspections under this Chapter competently and effectively;
(c) there has been a significant failure on his part to comply with any condition imposed under section 25(4)(c) and subject to which his registration has effect;
(d) he has, without reasonable explanation, produced a report of an inspection which is, in whole or in part, seriously misleading.
(3) If the Chief Inspector is satisfied—
(a) that he is authorised by subsection (2) to remove the name of an inspector from the register, or
(b) that it would otherwise be in the public interest to act under this subsection,
he may vary any condition subject to which the registration of that inspector has effect or vary that registration by imposing a condition subject to which it will have effect.
(1) Any person who is aggrieved by—
(a) the refusal of the Chief Inspector to renew his registration under section 25,
(b) the imposition or variation of any condition subject to which he is registered under that section, or
(c) the removal of his name from the register under section 26,
may appeal against the Chief Inspector's decision to a tribunal constituted in accordance with Schedule 3.
(2) Where—
(a) a decision to refuse to renew a person's registration under section 25 is expressed to be based on the ground—
(i) that there is a reduced need for registered inspectors in Wales, or
(ii) that there is no longer any need for registered inspectors in Wales, and
(b) the tribunal is satisfied that the decision was based on one of those grounds,
the tribunal must confirm the decision to refuse renewal.
(3) No decision of the Chief Inspector falling within (1)(b) or (c) is to have effect until—
(a) the disposal of any appeal against the decision which is duly made under this section, or
(b) the period within which an appeal may be made has expired without an appeal having been made.
(4) Subsection (3) does not apply where the Chief Inspector—
(a) is satisfied that the circumstances of the case justify the decision in question taking effect immediately, or earlier than would otherwise be the case, and
(b) notifies the person concerned to that effect.
(5) On determining any appeal under this section, the tribunal may—
(a) confirm, reverse or vary the decision appealed against, or
(b) remit the case to the Chief Inspector with directions as to the action to be taken by him.
(6) Schedule 3 makes further provision with respect to tribunals constituted to hear appeals under this section.
28 Duty to arrange regular inspections of certain schools
(1) It is the duty of the Chief Inspector to secure that every school in Wales to which this section applies is inspected under this section, at such intervals as may be prescribed, by an inspector registered under section 25 or by a member of the Inspectorate.
(2) Subject to subsection (3), the schools to which this section applies are—
(a) community, foundation and voluntary schools,
(b) community ... special schools,
(c) maintained nursery schools, and
(d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3) This section does not apply to any school—
(a) which is a closing school (as defined by subsection (4)), and
(b) in respect of which the Chief Inspector has decided, having regard to the date on which the closure is to take effect, that no useful purpose would be served by the school being inspected under this section.
(4) In subsection (3)(a) a “closing school” means—
(a) any community, foundation or voluntary school, community ... special school or maintained nursery school in respect of which proposals to discontinue the school have been approved, adopted , confirmed or determined under any enactment,
(b) a foundation or voluntary school in respect of which the governing body have given notice of discontinuance under section 80 of the School Standards and Organisation (Wales) Act 2013,
(c) a community, foundation or voluntary or community ... special school in respect of which the Assembly has given a direction to discontinue the school under section 16(2) or 81(1) of the School Standards and Organisation (Wales) Act 2013, or
(d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(5) It is the general duty of any inspector conducting an inspection under this section to report on—
(a) the quality of the education provided in the school,
(b) how far the education provided in the school meets the needs of the range of pupils at the school,
(c) the educational standards achieved in the school,
(d) the quality of the leadership in and management of the school, including whether the financial resources made available to the school are managed effectively,
(da) the development of the pupils at the school (except those over compulsory school age) by reference to the four purposes of a curriculum for those pupils,
(e) the spiritual, moral, social and cultural development of the pupils at the school, and
(f) the contribution made by the school to the well-being of those pupils.
(5A) The duty to report on the matters mentioned in subsection (5)(da) does not apply in the case of an inspection conducted at a community special school established in a hospital.
(5B) In subsection (5)(da), “the four purposes of a curriculum” for the pupils mentioned in paragraph (da) are those set out in section 2(1) of the Curriculum and Assessment (Wales) Act 2021.
(6) Subsection (1) has effect subject to section 32.
(7) An inspection which is required under this section must not extend to—
(a) denominational education,
(b) education to which the functions of the Chief Inspector under Part 2 of the Tertiary Education and Research (Wales) Act 2022 apply, or
(c) the content of collective worship which falls to be inspected under section 50.
(8) Schedule 4 makes further provision with respect to inspections under this section.
(1) The Chief Inspector may, in the case of—
(a) any report by a member of the Inspectorate of an inspection carried out by him under any provision of this Chapter (whether the report is required by any such provision or is otherwise made in pursuance of his functions under that provision), or
(b) any report of an inspection under section 28 made by a registered inspector,
arrange for the report to be published in such manner as the Chief Inspector considers appropriate.
(2) Without prejudice to the generality of—
(a) section 21(1)(c), or
(b) subsection (1),
the Chief Inspector may arrange for a report to which that provision applies to be published by electronic means.
(3) For the purposes of the law of defamation any report published by the Chief Inspector under either of those provisions is privileged unless the publication is shown to have been made with malice.
(4) Subsection (3) does not limit any privilege subsisting apart from that subsection.
(1) Any sums received by the Chief Inspector under—
(a) section 25(3)(b), or
(b) paragraph 4(3) or 5(2) of Schedule 4,
must be paid into the Consolidated Fund.
(2) Subsection (1) has effect subject to paragraph 4 of Schedule 6 to the Government of Wales Act 1998 (c. 38) (Treasury power to direct that requirement for payment into Consolidated Fund not to apply in relation to specified sums received by the Chief Inspector).
(1) In this Chapter—
“the Chief Inspector” means Her Majesty's Chief Inspector of Education and Training in Wales;
“ maintained school ” means a community, foundation or voluntary school, a community ... special school, a maintained nursery school or a pupil referral unit in Wales.
“member of the Inspectorate” means the Chief Inspector, any of Her Majesty's Inspectors of Education and Training in Wales and any additional inspector appointed under paragraph 2 of Schedule 2;
“prescribed” means prescribed by regulations;
“regulations” means regulations made by the Assembly under this Chapter;
“well-being”, in relation to pupils at a school, is a reference to their well-being having regard to the matters mentioned in section 25(2) of the Children Act 2004 (c. 31).
(2) For the purposes of this Chapter any reference to a condition imposed under section 25(4)(c) includes a reference to a condition imposed under section 26(3).
(1) If the Chief Inspector so elects in the case of any inspection of a school by a member of the Inspectorate under section 20(2)(b) or 24(1), that inspection is to be treated for the purposes of the relevant provisions as if it were an inspection under section 28.
(2) In subsection (1) “the relevant provisions” means sections 28(1) and (5) and 35 and—
(a) (in the case of an inspection of a maintained school) sections 38 to 40, and
(b) (in the case of an inspection of a school other than a maintained school), sections 41 and 42.
Where a section 28 inspection by a registered inspector or a member of the Inspectorate has been completed, the inspector must make in writing a report of the inspection and a summary of the report.