Education and Skills Act 2008 (c. 25)

Part 4 E+W Regulation and inspection of independent educational provision in England

Chapter 1 E+W Independent educational institutions in England

Modifications etc. (not altering text)

C1 Pt. 4 Ch. 1 modified (22.12.2014) by The Education and Skills Act 2008 (Commencement No. 11 and Saving and Transitory Provisions) Order 2014 (S.I. 2014/3364), art. 3(2)

C2 Pt. 4 Ch. 1: power to amend conferred (1.4.2018) by Children and Social Work Act 2017 (c. 16), ss. 35(4)(e), 70(2); S.I. 2018/346, reg. 4(f)

C3 Pt. 4 Ch. 1: power to amend conferred (1.4.2018) by Children and Social Work Act 2017 (c. 16), ss. 34(6)(e), 70(2); S.I. 2018/346, reg. 4(e)

Failure to meet standards E+W

114 Action plans E+W

(1) This section applies to a registered independent educational institution if the Secretary of State is satisfied, taking into account relevant evidence, that one or more of the independent educational institution standards is or are not being met in relation to the institution.

(2) In subsection (1) “relevant evidence” means—

(a) the report of an inspection carried out by the Chief Inspector or an independent inspectorate, or

(b) any other evidence in respect of the institution.

(3) The Secretary of State may require the proprietor of a registered independent educational institution to which this section applies to submit an action plan to the Secretary of State for approval.

(4) In this Chapter “an action plan” means a plan specifying—

(a) the steps that will be taken to meet a standard or standards, and

(b) the time by which each step will be taken.

(5) Any requirement imposed under this section to submit an action plan must be imposed by serving a notice on the proprietor of the institution in question—

(a) identifying the standard or standards that the Secretary of State is satisfied is or are not being met in relation to the institution, and

(b) specifying a date by which the action plan must be submitted.

(6) Where an action plan is submitted in pursuance of a requirement imposed under this section (whether or not by the date specified in the notice), the Secretary of State may—

(a) approve it, with or without modifications, or

(b) reject it.

(7) Where the Secretary of State rejects an action plan, the Secretary of State may impose a further requirement under this section to submit an action plan.

(8) An action plan that has been approved may be varied at any time by the proprietor of the institution in question with the agreement of the Secretary of State.

Commencement Information

I1 S. 114 in force at 5.1.2015 by S.I. 2014/3364, art. 2(j)