Search Legislation

Education Act 2005

 Help about what version

What Version

 Help about advanced features

Advanced Features

Changes to legislation:

Education Act 2005, Section 5 is up to date with all changes known to be in force on or before 19 March 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.

View outstanding changes

Changes and effects yet to be applied to Section 5:

5Duty to inspect certain schools at prescribed intervalsE+W
This section has no associated Explanatory Notes

(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 [F1subsections (3) and (4A)], the schools to which this section applies are—

(a)community, foundation and voluntary schools,

(b)community and foundation special schools,

(c)maintained nursery schools,

[F2(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 [F3section 17 or 68 of the Education and Inspections Act 2006] ,

[F4(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.

[F5(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”.]

[F6(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;

(c)the quality of the leadership in and management of 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.

Textual Amendments

F1Words in s. 5(2) substituted (15.11.2011) by Education Act 2011 (c. 21), ss. 40(2)(a), 82(1)(b)

F5S. 5(4A)(4B) inserted (15.11.2011) by Education Act 2011 (c. 21), ss. 40(2)(b), 82(1)(b)

F6S. 5(5)-(5B) substituted for s. 5(5)(5A) (15.11.2011) by Education Act 2011 (c. 21), ss. 41(1), 82(1)(c)

Modifications etc. (not altering text)

C1S. 5: power to modify conferred (temp.) (25.3.2020) by Coronavirus Act 2020 (c. 7), s. 87(1), Sch. 17 para. 5 (with ss. 88-90)

C2S. 5(1): power to disapply conferred (temp.) (25.3.2020) by Coronavirus Act 2020 (c. 7), s. 87(1), Sch. 17 para. 5 (with ss. 88-90)

Back to top

Options/Help

Print Options

You have chosen to open The Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act as a PDF

The Whole Act you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open the Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open Schedules only

The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Timeline of Changes

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources