The Education (School Inspection) (Wales) Regulations 2006

Explanatory Note

(This note is not part of the Regulations)

Part 1 of the Education Act 2005 (“the 2005 Act”) re-enacts (with modifications) the School Inspections Act 1996 (“the 1996 Act”) in relation to Wales. A separate (and different) system of school inspections applies to England. Like the 1996 Act, the 2005 Act sets out a statutory framework for the inspection of schools, but leaves much of the details to be dealt with in Regulations made by the National Assembly for Wales. These Regulations, which are made under the re-enacted provisions in the 2005 Act, prescribe those details. They largely consolidate the provisions contained in the Education (School Inspection) (Wales) Regulations 1998, as amended, which they replace. They also consolidate the Education (Registered Inspectors) (Fees) Regulations 1992. The main provisions of these Regulations are summarised below, with any significant changes from the 1998 Regulations highlighted. References below in this Explanatory Note to sections, Parts and Schedules (without more) are to sections and Parts of, and Schedules to, the 2005 Act.

Part 1 deals with general matters.

Regulation 2 revokes the Education (School Inspection) (Wales) Regulations 1998 (as amended) and the Education (Registered Inspectors) (Fees) Regulations 1992. It also makes a consequential amendment to the Annual Parents' Meeting (Exemptions) (Wales) Regulations 2005.

Regulation 3 defines terms and expressions used throughout the Regulations. Paragraph (3) of that regulation (effectively) corrects an error in the 2005 Act.

Part 2 deals with school inspections.

Regulation 4 defines terms and expressions used in Part 2.

Regulation 5 prescribes a fee of £150 for registration under section 25 as a registered inspector.

Regulation 6 provides for inspections to take place at intervals of six years from when the school was last inspected or, where there has been no previous inspection, from when it first admitted pupils.

Regulation 7 lists those persons who must be notified by the appropriate authority (normally the governing body of the school — see regulation 4(1)) of the time when the inspection is to take place.

Regulation 8 sets out the arrangements to be made by the appropriate authority for a meeting of parents etc prior to an inspection, and provides that only those persons listed may attend the meeting. Subject to that, it provides for the inspector conducting the inspection to have control of the meeting.

Regulation 9 provides that an inspection is to be completed within two weeks, and that a report of the inspection is to be completed within 35 working days (as defined in regulation 3) of the date on which the inspection was completed. It also requires the appropriate authority or proprietor to take reasonably practicable steps to ensure that a summary of the report (to which parents are entitled under section 38 (4) or 41(4) of the Act) is received by parents within ten working days from the receipt of the report by the authority or proprietor. Unlike its predecessor, this regulation does not apply to independent schools (which are now subject to inspection under the 2002 Act, as amended by Schedule 8).

Regulation 10 requires the appropriate authority or proprietor to prepare an action plan within the period of forty five working days from the date on which they receive the report, and to send copies to those persons and bodies entitled to receive copies within a period specified in that regulation (which varies according to whether the school is identified as a school causing concern). The persons and bodies concerned are those referred to in the Act and prescribed in paragraph (3) of regulation 10. Unlike its predecessor, this regulation does not apply to independent schools (which are now subject to inspection under the 2002 Act, as amended by Schedule 8).

Regulation 11 requires a local education authority to prepare the statement they are required to prepare under section 40(3)(a) within a period specified in that regulation.

Regulation 12 permits fees (not exceeding the cost of supply) to be charged for inspection reports, summaries and action plans in the cases specified in that regulation.

Part 3 deals with inspections of denominational education.

Regulation 13 defines terms and expressions used in Part 3.

Regulation 14 provides for such inspections to take place at intervals of six years from when the provision was last inspected or, where there has been no previous inspection of the provision, from when the school first admitted pupils.

Regulation 15 is made under a new power. It provides for consultation with the appropriate diocesan authority on the choice of inspector.

Regulation 16 prescribes periods within which such inspections are to be carried out, an inspection report and action plan are to be prepared, and an action plan is to be sent to those entitled to receive a copy of it. Those persons are the persons referred to in the Act and, if they so request, the additional persons prescribed by paragraph (6).

Regulation 17 prescribes cases in which a fee (not exceeding the cost of supply) may be charged for a copy of an inspection report, summary or action plan.

Part 4 makes provision in relation to local education authority school inspection services.

Regulation 18 requires an authority to keep accounts in respect of such a service.