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Education Act 2002

Enforcement of prescribed standards after registration
Sections 162 to 167
Section 162: Changes to registered details

321.This section enables the registration authority to remove a school from the register when there has been a material change which has not been approved. It requires the proprietor of an independent school to notify the Secretary of State, or the NAW, of specified variations in the details of the school’s registration so that the new provision can be approved, where appropriate, following an inspection.

Section 163: Power to inspect registered schools

322.Subsection (1) makes provision for inspections by registered inspectors, HMI and any ‘approved body’. The Independent Schools Inspectorate (ISI) will be an ‘approved body’ for this purpose. In fact, the ISI already undertake inspections of independent schools in England in membership of associations affiliated to the Independent Schools Council. The section also requires reports to be made to the Secretary of State or the NAW for their publication.

Section 164: Inspections: supplementary

323.This section deals with a range of supplementary inspection issues including at subsection (9) provision for the introduction of charges by Ofsted or Estyn (the education and training inspectorate for Wales) for inspections of registered schools.

Section 165: Failure to meet standards

324.The section introduces a new regime for dealing with independent schools where standards are not being maintained. Subsection (2) refers specifically to a fast track arrangement when a school is failing to meet the required standards and there is a serious risk to pupils’ welfare. In all other cases schools found not to be meeting the standards will be required to produce, and subsequently implement, an action plan to remedy the areas of concern.

Sections 166 and 167: Appeals and determination of appeals

325.Where action is taken against a school failing to meet the standards under section 165, provision is made in 166 for an appeal to a standing tribunal (the CST). An order or determination made by the Secretary of State will not take effect until the school has had an opportunity to lodge an appeal. The tribunal will, however, have the power to make an order for interim suspension under subsection (5) of this section if it considers there is a risk of serious harm occurring to pupils pending the determination of the appeal. Section 167 sets out the powers of the tribunal.

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