The Education (Independent School Inspection Fees and Publication) (England) Regulations 2008

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations make provision for the payment of fees by the proprietor of an independent school in relation to inspections carried out by the Chief Inspector under section 162A of the Education Act 2002. These Regulations also prescribe the manner in which inspection reports prepared under that section are published. These Regulations consolidate with amendments the Education (Independent School Inspection Fees and Publication) (England) Regulations 2003, SI 2003/1926 (“the 2003 Regulations”).

These Regulations provide for the payment of a fee in relation to—

(a) a full inspection of an independent school (regulation 4);

(b) a reduced tariff inspection of an independent school (regulation 5); and

(c) a follow up inspection of an independent school (regulation 7).

Definitions of the various types of inspections in relation to which fees are payable are set out in regulation 3. The fee for a full inspection is calculated in accordance with Schedule 1 (regulation 4(2)). The fee for a reduced tariff inspection is calculated in accordance with Schedule 2 (regulation 5(2)). The fee for a full inspection or reduced tariff inspection is payable in six equal annual instalments (regulation 6). The fee for a follow up inspection is calculated as a percentage of the fee for the full inspection or reduced tariff inspection which gave rise to the follow up inspection (regulation 7).

Where the registration authority requires an inspection report to be published, the report and any summary of it must be sent to the proprietor of the school and posted on the Chief Inspector’s website (regulation 8). (www.ofsted.gov.uk )

These Regulations revoke the 2003 Regulations. However, any independent school which was inspected before 1st September 2008 continues to be liable to pay any fee which it was required to pay in relation to that inspection under the 2003 Regulations at the time the inspection was carried out (regulation 9).

A full impact assessment of the effect that this instrument will have on the business and voluntary sector is available from Margaret Pattinson, Department for Children, Schools and Families, Mowden Hall, Staindrop Road, Darlington, DL3 9BG and is annexed to the Explanatory Memorandum which is available alongside this instrument on the OPSI website. (www.opsi.gov.uk)