The Education (School Inspection) (Wales) Regulations 1993

Made: 15th June 1993

Laid before Parliament: 24th June 1993

Coming into force: 15th July 1993

The Secretary of State for Wales, in exercise of the powers conferred upon him by sections 9(2) and (5), 13(6), 14(5)(b) and 19(3) of and paragraphs 6, 9(1), (2) and (5)(b), 10(1), (2) and (5)(b), 14(1), (2) and (4)(b) and 15(1), (2) and (3)(b) of Schedule 2 to the Education (Schools) Act 1992[^f00001], hereby makes the following Regulations:

PART 1 — GENERAL

Citation, commencement and extent

1

• (1) These Regulations may be cited as the Education (School Inspection) (Wales) Regulations 1993 and shall come into force on 15th July 1993.

• (2) These Regulations only apply to schools in Wales.

Interpretation

2

In these Regulations—

• “school year” means the period of twelve calendar months commencing on 1st August;

• “the Act” means the Education (Schools) Act 1992;

• “working day” means any day which is not a Saturday, a Sunday, a Bank Holiday or part of a holiday longer than a week taken by a school under inspection; and

• any reference to a child who is looked after by a local authority shall have the same meaning as in section 22 of the Children Act 1989[^f00002].

PART 2 — SCHOOL INSPECTIONS

Intervals for inspection

3

The Chief Inspector for Wales shall ensure that every school in Wales to which section 9 of the Act applies is inspected by an inspector registered under section 10(2) of the Act:

• (a)

• (i) in the case of a secondary school, on or after 1st September 1993 and before 1st September 1998;

• (ii) in any other case, on or after 1st September 1994 and before 1st September 1999; and

• (b) thereafter in either case above, within five school years from the end of the school year when the last inspection took place.

Notification of inspection

4

Where an inspection is arranged, the appropriate authority shall take such steps as are reasonably practicable to notify:

• (a) in the case of a maintained school which is not a grant-maintained school and for which the governing body is the appropriate authority, an appropriate officer of the local education authority;

• (b) in the case of a maintained school for which the local education authority is the appropriate authority, the chairman of the governing body;

• (c) in the case of a voluntary school or a grant-maintained school which, immediately before it became a grant-maintained school, was a voluntary school, the person who appoints the school’s foundation governors;

• (d) in the case of an independent school approved by the Secretary of State under section 11(3)(a) of the Education Act 1981[^f00003], an appropriate officer of any local authority which is paying fees to the school in respect of a registered pupil at the school;

• (e) in the case of any other school, the Secretary of State; and

• (f) in the case of a secondary school, the Training and Enterprise Council for the area in which the school is located, and such members of the local business community as the appropriate authority think fit, after considering whether it would be desirable to include in particular members who have recently employed former pupils of the school

of the time when the inspection is to take place.

Meeting with parents

5

The appropriate authority, in arranging a meeting pursuant to paragraph 6(b) of Schedule 2 to the Act, shall:

• (a) select a time for the meeting before the time when the inspection is to take place;

• (b) in selecting a time and place for the meeting, have regard to the convenience of parents;

• (c) take such steps as are reasonably practicable to give written notification at least three weeks in advance of the time and place when the meeting is to take place to

• (i) the parents of registered pupils at the school and, if a registered pupil is a child who is looked after by a local authority, an appropriate officer of that authority; and

• (ii) in the case of an independent school approved by the Secretary of State under section 11(3)(a) of the Education Act 1981, an appropriate officer of any local authority which is paying the fees of a registered pupil at the school, if a parent of that pupil so requests;

• (d) not permit anyone to attend the meeting except:

• (i) the registered inspector and the inspection team;

• (ii) any person whom the registered inspector may request to attend the meeting for the purpose of providing administrative support or of recording what is said;

• (iii) the parents of registered pupils at the school and, if a registered pupil is a child who is looked after by a local authority, an appropriate officer of that authority;

• (iv) in the case of an independent school approved by the Secretary of State under section 11(3)(a) of the Education Act 1981, an appropriate officer of any local authority which is paying the fees of a registered pupil at the school, if a parent of that pupil so requests; and

• (v) an Inspector monitoring the inspection under section 7(2) of the Act;

• (e) arrange for the registered inspector to have control of the meeting in all other respects.

Reports and action plans

6

• (1) An inspection shall be carried out during a period not exceeding two weeks.

• (2) Within five weeks from the completion of the inspection, or within seven weeks thereof where it is necessary to provide a translation into Welsh or English, the registered inspector shall prepare in writing a report of the inspection and a summary of the report.

• (3) The appropriate authority shall, within forty working days from the date when the registered inspector reported to them or within 45 working days thereof where it is necessary to provide a translation into Welsh or English, prepare an action plan.

• (4) The appropriate authority shall, within five working days from the date when they completed the preparation of the action plan, send copies of it together with any translation thereof to the persons and bodies mentioned in paragraph 10(2) of Schedule 2 to the Act and to all persons employed at the school and in the case of a secondary school, the Training and Enterprise Council for the area in which the school is located.

Fees for provision of the report and summary and of the action plan

7

• (1) A fee of 10 pence per sheet is payable where, under paragraph 9(5)(b) of Schedule 2 to the Act, an appropriate authority provides:

• (a) a copy of a report to any person who is not:

• (i) otherwise entitled to receive one; or

• (ii) a parent of a registered pupil at the school; or

• (iii) a parent of a child aged between three years and nineteen years living within a radius of three miles of the school; or

• (b) a copy of a summary to any person who already has a copy.

• (2) A fee of 10 pence per sheet is payable where, under paragraph 10(5)(b) of Schedule 2 to the Act, an appropriate authority provides a copy of an action plan to any person:

• (a) who lives or whose principal office is located outside a radius of three miles from the school and who is not otherwise entitled to receive one; or

• (b) who already has a copy.

• (3) The fee payable under this regulation includes a fee payable in respect of any part of the report, summary or action plan which relates to inspections of denominational education under Part 3 of these Regulations.

PART 3 — INSPECTIONS OF DENOMINATIONAL EDUCATION

Intervals for inspection

8

The governing body of every school to which section 13 of the Act applies shall secure that the school’s denominational education is inspected:

• (a)

• (i) in the case of a secondary school, on or after 1st September 1993 and before 1st September 1998; and

• (ii) in any other case, on or after 1st September 1994 and before 1st September 1999; and

• (b) thereafter in either case above, within five school years from the end of the school year when the last inspection took place.

Reports and additional action plans

9

• (1) An inspection shall be carried out during a period not exceeding two weeks.

• (2) Within five weeks from the completion of the inspection or within seven weeks thereof where it is necessary to provide a translation into Welsh or English, the inspector shall prepare in writing a report of the inspection and a summary of the report.

• (3) The governing body shall, within forty working days from the date when the inspector reported to them, or within 45 working days thereof where it is necessary to provide a translation into Welsh or English, prepare an additional action plan.

• (4) The governing body shall, within five working days from the date when they completed the preparation of the additional action plan, send copies of it together with any translation thereof to the persons and bodies mentioned in paragraph 15(2) of Schedule 2 to the Act and to all persons who are employed at the school and are engaged in the provision of denominational religious education there.

Fees for provision of the report and summary and of the additional action plan

10

• (1) Subject to paragraph (2), a fee of 10 pence per sheet is payable where, under paragraph 14(4)(b) of Schedule 2 to the Act, a governing body provides:

• (a) a copy of a report to any person who is not otherwise entitled to receive one or who is not a parent of a registered pupil at the school or is not a parent of a child aged between three years and nineteen years living within a radius of three miles of the school; or

• (b) a copy of a summary to any person who already has a copy.

• (2) No fee shall be charged under paragraph (1) if the report or summary, as the case may be, forms part of or is otherwise bound with the report or summary referred to in Regulation 6.

• (3) A fee of 10 pence per sheet is payable where, under paragraph 15(3)(b) of Schedule 2 to the Act, a governing body provides a copy of an additional action plan to any person—

• (a) who lives or whose principal office is located outside a radius of 3 miles from the school and who is not otherwise entitled to receive one; or

• (b) who already has a copy.

PART 4 — LOCAL EDUCATION AUTHORITY ACCOUNTS

11

• (1) For each financial year in which a local education authority provides a school inspection service, the authority shall keep an account as regards any services which are provided by them in that year.

• (2) In this regulation “financial year” means a period of 12 months beginning with 1st April.

Signed

John Redwood — Secretary of State for Wales — 15th June 1993

Explanatory note

(This note is not part of the Regulations)

These Regulations, which apply only to schools in Wales, fall into four parts.

Part 1

Part 1 contains general information only.

Part 2

Part 2 contains provisions applying to the inspection of schools in Wales under section 9 of the Education (Schools) Act 1992.

Regulation 3 provides that the first inspection of a secondary school is to take place on or after 1st September 1993 and before 1st September 1998 and the first inspection of a school of any other type on or after 1st September 1994 and before 1st September 1999; subsequent inspections are to take place within five school years (defined by regulation 2 as years commencing on 1st August) from the end of the school year when the last inspection took place.

Regulation 4 specifies the persons whom the appropriate authority for schools of the types mentioned must notify of the time when the inspection is to take place.

The appropriate authority must also arrange a meeting with parents under paragraph 6 of Part 1 of Schedule 2 to the Act, and regulation 5 provides that they shall select a time before the inspection is to begin for the meeting, have regard to the convenience of parents in selecting a time and place for the meeting, give three weeks' notice of the meeting, and permit attendance only to the registered inspector and the inspection team, any person whom the registered inspector asks to provide administrative support or to record what is said, the parents of registered pupils and, in particular cases, local authority representatives, and any Inspector monitoring the inspection.Otherwise, the registered inspector is to have control of the meeting.

Regulation 6 sets time limits for the preparation of the report and the summary by the registered inspector and the preparation and distribution of the action plan by the appropriate authority.

Regulation 7 provides for fees to be charged in specified circumstances for the provision of copies of the report, summary and action plan.

Part 3

Part 3 contains provisions applying to the inspection of denominational religious education in schools in Wales under section 13 of the Act.

Regulation 8 provides that the first inspection of a secondary school is to take place on or after 1st September 1993 and before 1st September 1998 and the first inspection of a school of any other type on or after 1st September 1994 and before 1st September 1999; subsequent inspections are to take place within five school years (defined by regulation 2 as years commencing on 1st August) from the end of the school year when the last inspection took place.

Regulation 9 sets time limits for the preparation of the report and the summary by the registered inspector and the preparation and distribution of the additional action plan by the appropriate authority.

Regulation 10 provides for fees to be charged in specified circumstances for the provision of copies of the report, summary and additional action plan.

Part 4

Part 4, regulation 11, provides for local education authorities to keep accounts for each financial year in which they provide a school inspection service.

Footnotes

[^f00001]: 1992 c. 38; for matters to be prescribed, see section 18(1) of this Act.

[^f00002]: 1989 c. 41.

[^f00003]: 1981 c. 60.