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Education Act 2005 (c. 18)

(The document as of February, 2008)

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Education Act 2005

2005 CHAPTER 18

CONTENTS

Content
  1. Part 1

    School inspections and other inspections by school inspectors

    1. Chapter 1

      School inspectors and school inspections: England

      1. Her Majesty's Inspectorate for England

        1. 1. Her Majesty's Inspectorate of Schools in England

        2. 2. Functions of Her Majesty's Chief Inspector of Schools in England

        3. 3. Annual and other reports to Secretary of State

        4. 4. Powers of entry etc. for purposes of section 2

      2. Inspections

        1. 5. Duty to inspect certain schools at prescribed intervals

        2. 6. Duty to notify parents of section 5 inspection

        3. 7. Duty to have regard to views of certain persons

        4. 8. Inspection at discretion of Chief Inspector

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

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

      3. Publication of inspection reports

        1. 11. Publication of inspection reports

      4. Interpretation of Chapter

        1. 12. Interpretation of Chapter 1

    2. Chapter 2

      Procedure for inspections under Chapter 1

      1. Inspections and reports: all schools

        1. 13. Duties of Chief Inspector where school causes or has caused concern

      2. Destination of reports and measures required: maintained schools

        1. 14. Destination of reports: maintained schools

        2. 15. Measures to be taken by local education authority

      3. Destination of reports and measures required: non-maintained schools

        1. 16. Destination of reports: non-maintained schools

        2. 17. Statement to be prepared by proprietor of school

      4. Interpretation of Chapter

        1. 18. Interpretation of Chapter 2

    3. Chapter 3

      School inspectors and school inspections: Wales

      1. Her Majesty's Inspectorate for Wales

        1. 19. Her Majesty's Inspectorate of Education and Training in Wales

        2. 20. Functions of Chief Inspector

        3. 21. Annual and other reports to Assembly

        4. 22. Power of Assembly to establish advisory panel

        5. 23. Powers of entry etc. of Chief Inspector

        6. 24. Power of Chief Inspector to arrange for inspections

      2. Registered inspectors

        1. 25. Registration of inspectors in Wales

        2. 26. Removal from register and imposition or variation of conditions

        3. 27. Appeals in relation to registration

      3. Inspections by registered inspectors and members of the Inspectorate

        1. 28. Duty to arrange regular inspections of certain schools

      4. Publication of inspection reports

        1. 29. Publication of inspection reports

      5. Receipts

        1. 30. Payment of fees into Consolidated Fund

      6. Interpretation of Chapter

        1. 31. Interpretation of Chapter 3

    4. Chapter 4

      Procedure for inspections under Chapter 3

      1. Introductory

        1. 32. Inspections by members of the Inspectorate

      2. Inspections and reports: all schools

        1. 33. Duty to report on section 28 inspections

        2. 34. Section 28 inspections by registered inspectors

        3. 35. Reports of inspections by members of the Inspectorate

        4. 36. Timing of section 28 inspections by registered inspectors

      3. Destination of reports and measures required: maintained schools

        1. 37. Duty to notify where inspection shows maintained school causing concern

        2. 38. Destination of reports: maintained schools

        3. 39. Statement to be prepared by appropriate authority for school

        4. 40. Statement to be prepared by local education authority

      4. Destination of reports and measures required: non-maintained schools

        1. 41. Destination of reports: non-maintained schools

        2. 42. Statement to be prepared by proprietor of school

      5. Interpretation of Chapter

        1. 43. Interpretation of Chapter 4

    5. Chapter 5

      Schools causing concern

      1. 44. Categories of schools causing concern

      2. 45. Cases where Secretary of State or Assembly may direct closure of school

      3. 46. Sixth forms requiring significant improvement

    6. Chapter 6

      Other inspections: England and Wales

      1. Inspection of religious education

        1. 47. Meaning of "denominational education"

        2. 48. Inspection of religious education: England

        3. 49. Procedure for inspections under section 48

        4. 50. Inspection of religious education: Wales

      2. LEA inspections

        1. 51. Power of LEA to inspect maintained school for specific purpose

        2. 52. Provision of inspection services by LEAs in Wales

      3. Inspection of child minding, day care and nursery education

        1. 53. Inspection of child minding, day care and nursery education

      4. Inspection of independent schools

        1. 54. Inspection of independent schools

      5. Inspection of careers services in Wales

        1. 55. Inspection of careers services in Wales

        2. 56. Inspection of services related to careers services in Wales

        3. 57. Inspections under sections 55 and 56: further provisions

    7. Chapter 7

      Supplementary

      1. 58. Inspection of computer records

      2. 59. Combined reports

      3. 60. Repeal of School Inspections Act 1996

      4. 61. Further amendments relating to school inspection

      5. 62. Power of Assembly to change inspection framework for Wales

      6. 63. Interpretation of Part 1

  2. Part 2

    School organisation

    1. 64. Proposals not requiring consent of Secretary of State

    2. 65. Publication of proposals with consent of Secretary of State

    3. 66. Proposals for new secondary schools in England

    4. 67. Rationalisation of school places in England

    5. 68. Proposals for establishment of federated school

    6. 69. LEA not to establish school on opposite side of Welsh border

    7. 70. Proposals for discontinuance of rural primary school

    8. 71. Proposals relating to maintained special school

    9. 72. School organisation: further amendments

    10. 73. Interpretation of Part 2

  3. Part 3

    Training the school workforce

    1. The Training and Development Agency for Schools

      1. 74. The Training and Development Agency for Schools

      2. 75. Functions of Agency

      3. 76. Functions of Agency in relation to Wales

      4. 77. Membership etc. of Agency

      5. 78. Powers of Agency to provide financial support

      6. 79. Forms of financial support under section 78

      7. 80. Provisions supplementary to sections 78 and 79

      8. 81. Grants to Agency by Secretary of State

      9. 82. Grants to Agency by Assembly

      10. 83. Non-funding functions of Agency

      11. 84. Directions by Secretary of State and Assembly

    2. Funding of teacher training by Higher Education Funding Council for Wales

      1. 85. Qualifying activities and eligible institutions in relation to HEFCW funding

      2. 86. Grants, loans and other payments by HEFCW

      3. 87. Provisions supplementary to section 86

      4. 88. Grants to HEFCW

      5. 89. Power of HEFCW to carry out or commission research

      6. 90. Supplementary and ancillary functions of HEFCW

      7. 91. Directions by Assembly

    3. Common provisions

      1. 92. Joint exercise of functions

      2. 93. Efficiency studies

      3. 94. Duty to provide information

    4. Provision of training in schools

      1. 95. Power of maintained schools to provide training for the school workforce

    5. Supplementary

      1. 96. Interpretation of references to training

      2. 97. Institutions of a denominational character

      3. 98. Further amendments relating to Part 3

      4. 99. Transitional and transitory provisions relating to Part 3

      5. 100. Interpretation of Part 3

  4. Part 4

    Miscellaneous

    1. Maintained schools

      1. 101. Funding of maintained schools

      2. 102. LEA targets: England

      3. 103. Removal of requirements for governors' reports and parents' meetings

      4. 104. School profiles

      5. 105. Provision and funding of higher education in maintained schools

      6. 106. Admission arrangements to make special provision for looked-after children

      7. 107. Restrictions on disposal of land

    2. Information

      1. 108. Supply of information: education maintenance allowances

      2. 109. Unauthorised disclosure of information received under section 108

      3. 110. Supply of information: free school lunches etc.

      4. 111. Unauthorised disclosure of information received under section 110

      5. 112. Power to provide that function of determining eligibility remains with LEA

      6. 113. Information about the school workforce: introductory

      7. 114. Supply of information about school workforce

    3. Attendance at alternative educational provision

      1. 115. Power of governing body to make alternative provision for excluded pupils

      2. 116. Failure of parent to secure regular attendance of child at alternative provision

    4. Supplementary

      1. 117. Further amendments relating to Part 4

      2. 118. Meaning of "the 2002 Act" in Part 4

  5. Part 5

    General

    1. 119. Functions to be exercisable by National Assembly for Wales

    2. 120. Subordinate legislation: general provisions

    3. 121. Parliamentary control of subordinate legislation

    4. 122. General interpretation

    5. 123. Repeals

    6. 124. Power to make further supplementary and consequential provision etc.

    7. 125. Commencement

    8. 126. The appropriate authority by whom commencement order is made

    9. 127. Extent

    10. 128. Short title, etc.

    1. Schedule 1

      Her Majesty's Chief Inspector of Schools In England

    2. Schedule 2

      Her Majesty's Chief Inspector of Education and Training in Wales

    3. Schedule 3

      Registration of inspectors in Wales: tribunals hearing appeals under section 27

    4. Schedule 4

      School inspections in Wales under section 28

    5. Schedule 5

      Sixth forms requiring significant improvement

    6. Schedule 6

      Inspections of denominational education in Wales

    7. Schedule 7

      Inspection of child minding, day care and nursery education

      1. Part 1

        Child minding and day care: amendments of Children Act 1989

      2. Part 2

        Nursery education: amendments of School Standards and Framework Act 1998

    8. Schedule 8

      Inspection of independent schools

    9. Schedule 9

      Further amendments relating to school inspection

    10. Schedule 10

      Proposals under section 66 for establishment of secondary schools: supplementary

      1. Part 1

        Introductory

      2. Part 2

        Approval of proposals by school organisation committee or adjudicator

      3. Part 3

        Determination by LEA whether to implement proposals

      4. Part 4

        Implementation of proposals

    11. Schedule 11

      Rationalisation of school places in England

      1. Part 1

        Introductory

      2. Part 2

        Directions to bring forward proposals

      3. Part 3

        Proposals by Secretary of State

      4. Part 4

        Procedure for dealing with proposals under paragraph 7

      5. Part 5

        Transitional exemption orders for purposes of Sex Discrimination Act 1975

    12. Schedule 12

      School organisation: further amendments

    13. Schedule 13

      The Training and Development Agency for Schools

    14. Schedule 14

      Amendments relating to the training of the school workforce

    15. Schedule 15

      Transitional and transitory provisions relating to Part 3

    16. Schedule 16

      Funding of maintained schools

    17. Schedule 17

      Foundation, voluntary and foundation special schools: disposal of land

    18. Schedule 18

      Further amendments related to provisions of Part 4

    19. Schedule 19

      Repeals

      1. Part 1

        School inspections

      2. Part 2

        School organisation

      3. Part 3

        Training the school workforce

      4. Part 4

        Repeals relating to Part 4

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:--



Part 1 School inspections and other inspections by school inspectors

Chapter 1 School inspectors and school inspections: England

Her Majesty's Inspectorate for England

1 Her Majesty's Inspectorate of Schools in England

(1) Her Majesty may by Order in Council appoint a person to the office of Her Majesty's Chief Inspector of Schools in England ("the Chief Inspector").

(2) Her Majesty may by Order in Council appoint persons as Her Majesty's Inspectors of Schools in England.

(3) Any person appointed as one of Her Majesty's Inspectors of Schools in England 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 Secretary of State, 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) Schedule 1 makes further provision about the Chief Inspector and his staff.

2 Functions of Her Majesty's Chief Inspector of Schools in England

(1) The Chief Inspector has the general duty of keeping the Secretary of State informed about--

(a) the quality of the education provided by schools in England,

(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,

(e) the spiritual, moral, social and cultural development of pupils at those schools,

(f) the contribution made by those schools to the well-being of those pupils,

(g) the extent to which those schools are developing rigorous internal procedures of self-evaluation, and

(h) the behaviour and attendance of pupils at those schools.

(2) When asked to do so by the Secretary of State, the Chief Inspector must--

(a) give advice to the Secretary of State on such matters as may be specified in the Secretary of State's request, and

(b) inspect and report on such school, or class of school, in England as may be so specified.

(3) In addition, the Chief Inspector must keep under review the extent to which any requirement imposed by or under this Part, or any other enactment, on any local education authority, proprietor of a school or governing body in relation to inspections of schools in England is complied with.

(4) The Chief Inspector may at any time give advice to the Secretary of State on any matter connected with schools, or a particular school, in England.

(5) The Chief Inspector is to have such other functions in connection with schools in England, including functions with respect to the training of teachers for such schools, as may be assigned to him by the Secretary of State.

(6) In exercising his functions, the Chief Inspector must have regard to such aspects of government policy as the Secretary of State may direct.

3 Annual and other reports to Secretary of State

The Chief Inspector--

(a) must make an annual report to the Secretary of State, who must lay a copy of it before each House of Parliament,

(b) may make such other reports to the Secretary of State, 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.

4 Powers of entry etc. for purposes of section 2

(1) For the purposes of the exercise of any function conferred by or under section 2, the Chief Inspector has at all reasonable times, in relation to any school in England--

(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 2, 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 England, 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 2(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.



Inspections

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 subsection (3), 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) 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 19 or 32 of that Act,

(d) a city technology college, city college for the technology of the arts or Academy in respect of which notice of termination of an agreement made under section 482 of the Education Act 1996 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.

(5) It is the general duty of the Chief Inspector, when 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,

(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.

(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.

6 Duty to notify parents of section 5 inspection

(1) If the appropriate authority for a school to which section 5 applies is notified by, or under arrangements made by, the Chief Inspector that the Chief Inspector is proposing to inspect the school under that section, 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 education 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.

7 Duty to have regard to views of certain persons

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.

8 Inspection at discretion of Chief Inspector

The Chief Inspector may inspect any school in England, in circumstances where he is not required by section 2(2)(b) or 5 to do so.

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

If the Chief Inspector so elects in the case of any inspection under section 2(2)(b) or 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.

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.



Publication of inspection reports

11 Publication of inspection reports

(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) Without prejudice to the generality of--

(a) section 3(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.



Interpretation of Chapter

12 Interpretation of Chapter 1

In this Chapter--

  • "the Chief Inspector" means Her Majesty's Chief Inspector of Schools in England;

  • "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

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Inspections and reports: all schools

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 education 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 reports and measures required: maintained schools

14 Destination of reports: maintained schools

(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 education 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) If the school provides full-time education suitable to the requirements of pupils over compulsory school age, the Chief Inspector must ensure that a copy of the report is also sent to the Learning and Skills Council for England.

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