Functions
Section 37 – Purpose of inspection
79.Section 37(1) sets out the purposes which the Chief Inspector is, so far as relevant, to carry out their functions with a view to achieving. The qualifier “so far as relevant” recognises that there may be times where the Chief Inspector is, for example, performing a purely administrative task where it is difficult to draw a direct line between the task and achieving the purposes of inspection.
80.The purposes of inspection encompass recognising effective practice that has been adopted by relevant educational establishments, promoting improvements that could be made in the quality of education in Scotland, and providing assurance to the public that the quality of education provided in relevant educational establishments is being assessed.
81.Subsection (2) allows the Scottish Ministers by regulations (subject to the affirmative procedure – see section 29 of the Interpretation and Legislative Reform (Scotland) Act 2010) to modify this section so as to add, remove or vary a purpose of inspection. However, under subsection (3) this is subject to the requirement to first consult the Chief Inspector, the Advisory Council established under section 44, and such other persons as Ministers consider appropriate.
Section 38 – The inspection function
82.Section 38 provides that the Chief Inspector is to secure the inspection of relevant educational establishments, as defined in section 39, subject to the detailed provision made in this section.
83.Under subsection (2)(a) of section 38, inspections of relevant educational establishments – other than excepted establishments – are to be carried out at the intervals the Chief Inspector considers appropriate, within the parameters set under subsection (4). The terms “relevant educational establishment” and “excepted establishment” are both defined in section 39 (see paragraphs 87 to 91 of these Notes). The Scottish Ministers may, under subsection (4), make regulations specifying the minimum frequency with which these inspections must be carried out, though such regulations may only be made after consultation under subsections (5) and (6). Any such regulations would be subject to the affirmative procedure (see section 29 of the Interpretation and Legislative Reform (Scotland) Act 2010). Excepted establishments are to be inspected only on a request from Ministers (see subsection (2)(c)).
84.Under subsection (2)(b), the Scottish Ministers may also require the Chief Inspector to inspect a particular educational establishment (including an excepted establishment), a type of educational establishment (for example, grant-aided schools), or a sample of a type of educational establishment. The last of these would allow the Chief Inspector to require inspection of a sample of educational establishments, for example to assess how a specific issue is being addressed by them or how well a particular aspect of the curriculum is being delivered.
85.Subsection (3) provides that an inspection is secured by the Chief Inspector directing an Inspector or a person appointed to assist with inspections under section 36 to carry out the inspection, by the Chief Inspector carrying out the inspection personally, or by any combination of the foregoing people carrying out the inspection.
86.Subsection (7) links to subsection (4) (discussed above in paragraph 83). It requires the Scottish Ministers, within 12 months of the section coming fully into force, to put draft regulations before the Parliament for approval which would set the minimum frequency of inspection of schools (as defined in subsection (8)). If the draft regulations are approved, Ministers would be required to make them.
Section 39 – Meaning of “relevant educational establishment” and “excepted establishment”
87.This section sets out the meaning of “relevant educational establishment” which will, other than excepted establishments (also defined in this section), be subject to inspection at the discretion of the Chief Inspector under section 38 (subject to any minimum frequency of inspection set by Ministers under section 38(4)). Excepted establishments are subject to inspection under section 38 too, but only at the request of the Scottish Ministers.
88.The Scottish Ministers may modify this section to amend either or both of these definitions by regulations under subsection (6), after consultation with the Chief Inspector, the Advisory Council and any others the Scottish Ministers consider it appropriate to consult. Any such regulations would be subject to the affirmative procedure.
89.The definition of “
90.Subsection (3) provides higher education institutions are only subject to inspection in relation to the teacher training they provide and not in relation to their operations more generally. In addition, residential accommodation is only to be inspected in regard to the adequate safeguarding and promotion of welfare (because the accommodation will not be where the education is provided). Finally, education authorities are only to be inspected in regard to the provision of school education (because local authorities have many other functions which are not relevant to these inspections).
91.As noted above, the section also sets out the meaning of “excepted establishments” – those which the Scottish Ministers may order inspection of, but which are not to be inspected at the Chief Inspector’s instance. In brief, these are places where fundable further education is provided by a post-16 education body or where teacher training is provided. The former is already subject to review and assessment by the Scottish Funding Council (see section 13 of the Further and Higher Education (Scotland) Act 2005), and higher education institutions are similarly subject to separate quality assurance processes. As such, it is considered that there would be a risk of double inspection if the Chief Inspector took on this role.
Section 40 – The voluntary arrangements function
92.This section allows the Chief Inspector to provide inspections or advice in relation to the provision of education by private arrangement. For example, an establishment providing both further and higher education might want to ask the Chief Inspector to inspect the higher education elements which do not fall under section 38. Alternatively, an establishment might want/need to enter into an arrangement with the Chief Inspector in order to contract for the provision of recognised ‘educational oversight’ for the purposes of UK Visas and Immigration sponsor status for some of its students. The Chief Inspector may recover the expenses of carrying out the inspections or providing the advice.
Section 41 – The advisory function
93.Section 41 requires the Chief Inspector to give the Scottish Ministers advice when they request it, and allows the Chief Inspector to give such other advice as the Chief Inspector thinks fit, on any matter to relating to the Chief Inspector’s functions.
Section 42 – Working with others
94.This section requires the Chief Inspector to work in collaboration with others, in every case in which it appears to the Chief Inspector appropriate to do so, on any matter relating to the Chief Inspector’s functions.
Section 43 – Duties when exercising functions
95.Section 43 places several duties on the Chief Inspector, when exercising the functions of the Chief Inspector.
96.The Chief Inspector is required to set and uphold high standards in education governance and accountability (paragraph (a) of subsection (1)).
97.The Chief Inspector is further required to have regard to a number of things, including the National Improvement Framework (defined in subsection (2)) and the statutory roles and responsibilities of persons or bodies the Chief Inspector works with. There is also a safeguarding duty, as the Chief Inspector is required to have regard to the need for relevant educational establishments to have adequate arrangements in place to safeguard and promote the welfare of children and young people. In addition, the Chief Inspector must have regard to the needs and interests of persons who are receiving or will receive education at a relevant educational establishment (as defined in section 39), including those with educational support needs (as defined in section 63) and those who are receiving, or wish to receive, British Sign Language learner education, British Sign Language medium education, Gaelic learner education, Gaelic medium education, or the teaching of British Sign Language or the Gaelic language in further education. Finally, the Chief Inspector is to have regard to the experience of those providing teaching or training in relevant educational establishments, and also the experience of those providing support to individuals with educational support needs at relevant educational establishments.
