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Education Act 2002

Section 54: Duty to notify where inspection shows school causing concern

154.The section inserts a new provision as section 16A in the School Inspections Act 1996 (SIA) to place a duty on HMCI to notify the Secretary of State, or the NAW, where an inspector has concluded that a school has serious weaknesses or requires special measures. This change enables other provisions of this Part to allow earlier intervention by the Secretary of State, or the NAW, or by LEAs in such schools.

155.The section identifies the routes by which HMCI might be notified, whether by one of Her Majesty’s Inspectors (HMI) or by a registered inspector, that a school has been judged to have serious weaknesses or to require special measures. It provides that HMCI must agree with a registered inspector that a school requires special measures.

156.The section requires HMCI to notify the Secretary of State, or the NAW, in writing that a school requires special measures or has serious weaknesses; and requires the Secretary of State, or the NAW, to notify the relevant LEA in writing that she has been informed of that judgement in respect of a named school. The section defines when a school is to be regarded for this purpose as having serious weaknesses. ‘Special measures’ is defined in the SIA.

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