Accountability
Section 45 – Inspection plan
101.The Chief Inspector is required to, as soon as reasonably practicable after this section comes into force, publish an inspection plan and lay it before the Scottish Parliament.
102.The inspection plan must set out details of inspections to be carried out during the period to which the plan applies (other than in relation to excepted establishments, where inspections happen only upon request by the Scottish Ministers). The detail which must be covered by the plan includes—
the period to which the plan relates (which must comply with any rule set by virtue of subsection (8) of this section),
information about the frequency with which the Chief Inspector intends to instigate inspections (which must be within the parameters set by virtue of section 38(4)),
the approximate number of institutions to be inspected as a result,
information about how and when advance notice will be provided of an inspection in cases where advance notice is being given,
information about the different models of inspection (which might include, for example, abbreviated and full inspections, and scheduled and unscheduled),
information about the standards against which all establishments (including any excepted establishments) are to be assessed,
information about how inspections will evaluate the extent to which relevant educational establishments are taking action to secure better or further effect of the rights of children,
information about the extent to which outdoor education will be evaluated and how it will be evaluated in the cases where it is evaluated (including the standards it will be measured against),
information about the processes for making recommendations to establishments and for establishments to respond to such recommendations.
103.The plan may also include such other material as the Chief Inspector considers appropriate.
104.The Chief Inspector must consult in accordance with subsection (4) in preparing the plan.
105.The Chief Inspector must keep the plan under review and may publish and lay before the Parliament a new inspection plan at any time. The rules about what an inspection plan must contain will apply automatically to any new inspection plan, as will the requirements as to consultation.
106.Before publishing an inspection plan (whether the first inspection plan under subsection (1)(a) or a new inspection plan under subsection (3)(c)), the Chief Inspector is required to lay a draft of the plan before the Scottish Parliament for a period of 40 days (not including any time in which Parliament is dissolved or in recess for more than 4 days). The Chief Inspector must have regard to any representations made about the plan during that 40 day period, any resolution relating to the draft plan passed by Parliament, and any report relating to the draft plan published by a committee of the Parliament.
107.Subsection (8) also allows the Scottish Ministers to make regulations (subject to the affirmative procedure) specifying how frequently the inspection plan must be reviewed, subject to consulting as required by subsection (9).
Section 46 – Reports on inspections
108.Subsection (1) requires the Chief Inspector to prepare and publish a report on the findings of each inspection carried out in pursuance of section 38(2). When preparing the report, the Chief Inspector is required by subsection (2) to have regard to any representations made by persons representing the interests of registered teachers or college teaching staff providing teaching or training in the establishment which is the subject of the inspection report.
109.Subsections (3) and (4) make provision about the sharing of advance copies of inspection reports. This rule applies where an inspection is carried out in respect of a single educational establishment or what the Chief Inspector considers to be connected establishments (for example, a boys’ school and a girls’ school which operate as a pair). The rule would therefore not apply to, for example, a thematic inspection report on maths which was produced under section 38(2)(b)(iii) and which sampled 30 different institutions. Where the rule applies, the Chief Inspector must share an advance copy of the inspection report with the institution unless the Chief Inspector considers that there are exceptional circumstances which justify not sharing the advance copy. Section 47(2)(b) makes related provision requiring reporting on the number of times this exception is relied upon.
110.Under subsection (5), where the report is one that relates to an inspection which the Chief Inspector was required to carry out under a Ministerial request, a copy of the report must be passed to the Scottish Ministers. The Chief Inspector is empowered under subsection (6) to lay a copy of any report on an inspection before the Scottish Parliament but is not required to do so (given the expected volume and the fact that they are published anyway).
111.It is for the Chief Inspector to determine the form and content of any report (subsection (7)). Among other things, this flexibility as to content will allow the Chief Inspector to take account of other existing obligations (such as data protection) and good practice when considering the level of detail that it is appropriate to include in each case, balancing the public interest in the outcomes of inspections with privacy considerations.
112.Subsection (8) requires the managers of a relevant educational establishment to have regard to the most recent report published in respect of their establishment. They would be free to have regard also to relevant aspects of older reports, or of reports published in respect of other establishments, but the obligation is only in respect of the current report about their own establishment. The term “managers” is defined in subsection (9).
Section 47 – Annual report
113.Section 47 requires the Chief Inspector to prepare an annual report on the Chief Inspector’s activities during the financial year. This must include a summary of any advice provided by the Advisory Council and the Chief Inspector’s response (for example, actions in response), as well as information about the number of times during the year that the exception in section 46(4) has been relied upon in order to not provide an advance copy of a report to an establishment (see paragraph 109 of these Notes). It may also include any other content determined by the Chief Inspector.
114.The report must be published and sent to the Scottish Ministers, as soon as practicable after the end of each financial year. At the same time as the report is sent to the Scottish Ministers, a copy of the report must be laid before the Scottish Parliament.
Section 48 – Report on performance of the Scottish education system
115.This section requires the Chief Inspector to prepare and publish a report assessing the performance of the Scottish education system, as far as it relates to the Chief Inspector’s functions. A copy of this report must also be sent to the Scottish Ministers, and laid before the Scottish Parliament at the same time. This report must include an overview of the findings set out in inspection reports published under section 46(1) during the reporting period insofar as they relate to the performance of the Scottish education system. The form of the report is to be decided by the Chief Inspector, and it may form part of another document: for example, it could be included as part of the annual report to be prepared under section 47.
116.There is an obligation on the managers of a relevant educational establishment to have regard to the most recent report under this section when exercising their functions. They would be free to have regard also to relevant aspects of older reports under this section, but the obligation exists only in respect of the current report. The term “managers” is defined in subsection (5).
117.The report must be prepared annually, as soon as reasonably practicable after the end of each reporting period (being the period between the date this section comes into force and the following 31 July, and each subsequent period of 1 year beginning on 1 August). Subsection (7) allows the Scottish Ministers to make regulations (subject to the affirmative procedure) to modify the reporting period, subject to consulting with the Chief Inspector, the Advisory Council, and such other persons as the Scottish Ministers consider appropriate.
Section 49 – Other reports
118.This section allows the Chief Inspector to prepare and publish a report about any other matter relating to the Chief Inspector’s functions as the Chief Inspector considers appropriate. A copy of any such report must be sent to the Scottish Ministers and laid before the Scottish Parliament at the same time as being sent to Ministers.
Section 50 – Protection from actions of defamation
119.This section provides for statements made in a report published by the Chief Inspector to have absolute privilege (meaning they cannot form the basis of an action of defamation by any person referred to in those statements).
120.What is meant by a “statement” is “words, pictures, visual images, gestures or any other method of signifying meaning”. This definition is set out in section 36(b) of the Defamation and Malicious Publication (Scotland) Act 2021.
