Inspections

10AF1Duty of Her Majesty’s Inspectors to make reference to Scottish Ministers

1

This section applies where, after an inspection under section 9 of this Act, Her Majesty’s Inspectors identify that an education authority require to take action to secure improvement in the way the authority exercise a function in relation to the provision of school education.

2

If it appears to Her Majesty’s Inspectors that—

a

having been given sufficient opportunity to secure improvement in the way they exercise a function identified under subsection (1) above, the education authority are failing or have failed to take satisfactory action to do so; and

b

having regard to the seriousness of that failure, an enforcement direction is justified,

they shall make a reference to the Scottish Ministers.

3

A reference under subsection (2) above shall—

a

be in writing;

b

specify the failure mentioned in subsection (2)(a) above; and

c

include recommendations as to the action which, in the opinion of Her Majesty’s Inspectors, the education authority require to take to remedy or prevent the recurrence of that failure.

4

Where Her Majesty’s Inspectors make a reference under subsection (2) above, they shall inform the education authority of the making of that reference.