Legalize / United Kingdom / Public General Act

Education Act 2005

Type Public General Act

Publication 2005-04-07

State In force

Department Statute Law Database

Source legislation.gov.uk

Reform history JSON API

Part 1 — School inspections and other inspections by school inspectors

Chapter 1 — School inspectors and school inspections: England

Her Majesty's Inspectorate for England

Repeal of School Inspections Act 1996

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Functions of Her Majesty’s Chief Inspector of Schools in England

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Annual and other reports to Secretary of State

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Powers of entry etc. for purposes of section 2

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Inspections

Duty to inspect certain schools at prescribed intervals

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(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,

(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;

(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.

Duty to notify parents of section 5 inspection

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(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.

Duty to have regard to views of certain persons

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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,

(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.

Inspection at discretion of Chief Inspector

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(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).

Power of Chief Inspector to treat other inspection as section 5 inspection

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(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).

Power of entry etc. for purposes of inspection under section 5 or 8

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(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”),

(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.

Publication of inspection reports

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(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.

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(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Interpretation of Chapter

Interpretation of Chapter 1

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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).

Chapter 2 — Procedure for inspections under Chapter 1

Inspections and reports: all schools

Duties of Chief Inspector where school causes or has caused concern

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(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.

Destination of reportsand interim statements and measures required: maintained schools

Destination of reports: maintained schools

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(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.

Measures to be taken by local education authority

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(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,

(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

(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

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