SCHEDULES
SCHEDULE 2 School Inspections
Part I Inspections Under Section 9
Action plans
F2F310
1
Where—
a
a report of a section 9 inspection of a school, or
b
a report of an inspection of a school made by a member of the Inspectorate which is required by paragraph 9A to state that he is of the opinion that special measures are required to be taken in relation to the school,
is sent to the appropriate authority they shall prepare a written statement of the action which they propose to take in the light of the report and the period within which they propose to take it.
2
It is the duty of the appropriate authority to prepare the statement within the period allowed by this sub-paragraph, that is—
a
such period as may be prescribed, or
b
if, in the case of any report where the person making it states that he is of the opinion that special measures are required to be taken in relation to the school, and either that person is a member of the Inspectorate or the report states that the Chief Inspector agrees with his opinion, the Secretary of State is of the opinion that the urgency of the case requires a shorter period, such period as the Secretary of State may direct,
but this sub-paragraph does not relieve the appropriate authority of any duty to prepare a statement which has not been performed within that period.
3
Where such a statement has been prepared by the appropriate authority they shall, before the end of the prescribed period, send copies of it—
a
to the Chief Inspector,
b
to the Secretary of State, except in the case of a maintained nursery school, and
c
in such circumstances as may be prescribed, to such other persons (if any) as may be prescribed.
C14
In the case of—
a
a special school which is not a maintained or grant-maintained special school, or
b
an independent school approved by the Secretary of State under section 189(1) of the Education Act 1993 (approval of independent schools for children with statements),
the appropriate authority shall, before the end of the prescribed period, send a copy of any such statement prepared by them to the funding authority, or any local education authority, if the authority are paying fees in respect of the attendance of a registered pupil at the school.
5
The appropriate authority shall—
a
make any statement prepared by them under this paragraph available for inspection by members of the public, at such times and at such place as may be reasonable,
b
provide a copy of the statement, free of charge or in prescribed cases on payment of such fee as they think fit (not exceeding the cost of supply), and
c
take such steps as are reasonably practicable to secure that every registered parent of a registered pupil at the school receives a copy of the statement as soon as is reasonably practicable.
10
1
The appropriate authority to whom an inspector has reported under this Part of this Schedule shall, before the end of the prescribed period, prepare a written statement (“the action plan”) of the action which they propose to take in the light of his report and the period within which they propose to take it.
2
Where an action plan has been prepared by an appropriate authority they shall, before the end of the prescribed period, send copies of it to the Chief Inspector and—
a
where the appropriate authority are the governing body of a maintained school (other than a grant-maintained school), to the local education authority,
b
where the appropriate authority are the local education authority, to the governing body (if any), or
c
in any other case, to the Secretary of State,
and to such other persons (if any), in such circumstances, as may be prescribed.
3
In the case of—
a
a voluntary school, or
b
a grant-maintained school which was a voluntary school immediately before it became a grant-maintained school,
the appropriate authority shall also send a copy of the action plan to the person who appoints the school’s foundation governors.
4
In addition—
a
the governing body of a special school which is not maintained by a local education authority, and
b
the proprietor of an independent school approved by the Secretary of State under section 11(3)(a) of the M1Education Act 1981 (schools suitable for children for whom statements are maintained under section 7 of that Act),
shall, without delay, send a copy of any action plan prepared by the governing body or proprietor to any local education authority who are paying fees to the school concerned in respect of a registered pupil at the school.
5
The appropriate authority shall—
a
make any action plan prepared by them available for inspection by members of the public, at such times and at such a place as may be reasonable;
b
provide a copy of the action plan, free of charge or in prescribed cases on payment of the prescribed fee, to any person who asks for one; and
c
take such steps as are reasonably practicable to secure that every parent of a registered pupil at the school receives a copy of the action plan as soon as is reasonably practicable.
6
Where the governing body of a maintained school which is not a nursery school have prepared an action plan, they shall include in their governors’ report a statement of the extent to which the proposals set out in the action plan have been carried into effect.
7
In sub-paragraph (6) “governors’ report” means—
a
in the case of a grant-maintained school, the report referred to in section 58(5)(j) of the M2Education Reform Act 1988; and
b
in the case of any other kind of maintained school, the report referred to in section 30 of the M3Education (No.2) Act 1986.
8
Sub-paragraph (6) applies only in relation to the most recent action plan for the school in question.
Part I Inspections Under Section 9
Training for inspections
I14
1
No person shall conduct an inspection of a school in England, or act as a member of an inspection team for such a school, unless he has in the opinion of the Chief Inspector for England, satisfactorily completed a course of training provided by or complying with arrangements approved by that Chief Inspector.
2
Sub-paragraph (1) shall not apply in such circumstances as may be specified, either generally or in relation to a particular case or class of case, by the Chief Inspector for England.
3
Where the Chief Inspector for England provides such training he may charge such fees as are reasonable for the purpose of recovering the whole, or part, of the cost of providing it.
I25
1
No person shall conduct an inspection of a school in Wales, or act as a member of an inspection team for such a school, unless he has in the opinion of the Chief Inspector for Wales, satisfactorily completed a course of training provided by or complying with arrangements approved by that Chief Inspector.
2
Sub-paragraph (1) shall not apply in such circumstances as may be specified, either generally or in relation to a particular case or class of case, by the Chief Inspector for Wales.
3
Where the Chief Inspector for Wales provides such training he may charge such fees as are reasonable for the purpose of recovering the whole, or part, of the cost of providing it.
Part I Inspections Under Section 9
1
In this Part of this Schedule—
“appropriate authority” means—
- a
in the case of a maintained school (other than a grant-maintained school) whose governing body does not have a delegated budget, the local education authority for that school;
- b
in the case of a school falling within paragraph (e), (f) or (g) of section 9(3), the proprietor of the school;
- c
in any other case, the school’s governing body;
- a
F1“inspection by a member of the Inspectorate” means a section 9 inspection carried out by a member of the Inspectorate or an inspection under section 2(2)(b), 3(1), 6(2)(b) or 7(1),
“member of the Inspectorate” means the Chief Inspector, any of Her Majesty’s Inspectors of Schools in England or, as the case may be, Wales and any additional inspector, and
“section 9 inspection” means an inspection under section 9,
and for the purposes of this Part of this Schedule, special measures are required to be taken in relation to a school if the school is failing or likely to fail to give its pupils an acceptable standard of education.
Selection of registered inspectors
2
Before entering into any arrangement for an inspection, the Chief Inspector shall, after consulting the appropriate authority for the school concerned as to the tender specification, invite tenders from at least two registered inspectors who can reasonably be expected—
a
to wish to tender for the proposed inspection; and
b
to tender at arm’s length from each other.
Inspection teams
3
1
Every inspection shall be conducted by a registered inspector with the assistance of a team (an “inspection team”) consisting of persons who are fit and proper persons for carrying out the inspection.
2
It shall be the duty of the registered inspector to ensure that—
a
at least one member of the inspection team is a person—
i
without personal experience in the management of any school or the provision of education in any school (otherwise than as a governor or in any other voluntary capacity); and
ii
whose primary function on the team is not that of providing financial or business expertise; and
b
no member of the inspection team falls within a category of person prescribed for the purposes of this sub-paragraph.
3
Otherwise, the composition of the inspection team shall be determined by the registered inspector, subject to his complying with any condition imposed under section 10(5)(c).
4
Any experience of a kind mentioned in sub-paragraph (2)(a) which it is reasonable to regard as insignificant, having regard to the purposes of sub-paragraph (2), may be ignored by the registered inspector.
5
It shall be the duty of the registered inspector to ensure that no person takes any part in an inspection if he has, or has at any time had, any connection with—
a
the school in question,
b
any person who is employed at the school,
c
any person who is a member of the school’s governing body, or
d
the proprietor of the school,
of a kind which might reasonably be taken to raise doubts about his ability to act impartially in relation to that school.
Training for inspections
I14
1
No person shall conduct an inspection of a school in England, or act as a member of an inspection team for such a school, unless he has in the opinion of the Chief Inspector for England, satisfactorily completed a course of training provided by or complying with arrangements approved by that Chief Inspector.
2
Sub-paragraph (1) shall not apply in such circumstances as may be specified, either generally or in relation to a particular case or class of case, by the Chief Inspector for England.
3
Where the Chief Inspector for England provides such training he may charge such fees as are reasonable for the purpose of recovering the whole, or part, of the cost of providing it.
I25
1
No person shall conduct an inspection of a school in Wales, or act as a member of an inspection team for such a school, unless he has in the opinion of the Chief Inspector for Wales, satisfactorily completed a course of training provided by or complying with arrangements approved by that Chief Inspector.
2
Sub-paragraph (1) shall not apply in such circumstances as may be specified, either generally or in relation to a particular case or class of case, by the Chief Inspector for Wales.
3
Where the Chief Inspector for Wales provides such training he may charge such fees as are reasonable for the purpose of recovering the whole, or part, of the cost of providing it.
SCHEDULE 2 School Inspections
Part I Inspections Under Section 9
Action plans
F310
1
Where—
a
a report of a section 9 inspection of a school, or
b
a report of an inspection of a school made by a member of the Inspectorate which is required by paragraph 9A to state that he is of the opinion that special measures are required to be taken in relation to the school,
is sent to the appropriate authority they shall prepare a written statement of the action which they propose to take in the light of the report and the period within which they propose to take it.
2
It is the duty of the appropriate authority to prepare the statement within the period allowed by this sub-paragraph, that is—
a
such period as may be prescribed, or
b
if, in the case of any report where the person making it states that he is of the opinion that special measures are required to be taken in relation to the school, and either that person is a member of the Inspectorate or the report states that the Chief Inspector agrees with his opinion, the Secretary of State is of the opinion that the urgency of the case requires a shorter period, such period as the Secretary of State may direct,
but this sub-paragraph does not relieve the appropriate authority of any duty to prepare a statement which has not been performed within that period.
3
Where such a statement has been prepared by the appropriate authority they shall, before the end of the prescribed period, send copies of it—
a
to the Chief Inspector,
b
to the Secretary of State, except in the case of a maintained nursery school, and
c
in such circumstances as may be prescribed, to such other persons (if any) as may be prescribed.
C14
In the case of—
a
a special school which is not a maintained or grant-maintained special school, or
b
an independent school approved by the Secretary of State under section 189(1) of the Education Act 1993 (approval of independent schools for children with statements),
the appropriate authority shall, before the end of the prescribed period, send a copy of any such statement prepared by them to the funding authority, or any local education authority, if the authority are paying fees in respect of the attendance of a registered pupil at the school.
5
The appropriate authority shall—
a
make any statement prepared by them under this paragraph available for inspection by members of the public, at such times and at such place as may be reasonable,
b
provide a copy of the statement, free of charge or in prescribed cases on payment of such fee as they think fit (not exceeding the cost of supply), and
c
take such steps as are reasonably practicable to secure that every registered parent of a registered pupil at the school receives a copy of the statement as soon as is reasonably practicable.