Education and Inspections Act 2006

1. Introduction

2. Background

3. Summary and Overview

4. Territorial Extent

5. Territorial Application: Wales

6. Commentary

   1. Part 1: Education Functions of Local Authorities

      1. Section 1: Duties in relation to high standards and the fulfilment of potential

      2. Section 2: Duties in relation to diversity and choice

      3. Section 3: Duty to consider parental representations

      4. Section 4: Duty to identify children not receiving education

      5. Section 5: School improvement partners

      6. Section 6: Functions in respect of recreation etc

      7. Schedule 1: Amendments relating to section 6

   2. Part 2: Establishment, Discontinuance Or Alteration of Schools in England

      1. Section 7: Invitation for proposals for establishment of new schools

      2. Section 8:  Proposals under section 7 relating to community or community special schools

      3. Section 9: Consultation and publicity in relation to notice and proposals under Section 7

      4. Section 10: Publication of proposals with consent of Secretary of State

      5. Section 11: Publication of proposals to establish maintained schools: special cases

      6. Section 12: Establishment of a school as a federated school

      7. Section 13: Schools established outside area of relevant LEA

      8. Section 14: LEA in England not to establish a school in Wales

      9. Section 15 and Schedule 2: Proposals for discontinuance of schools maintained by a local education authority

      10. Section 16: Consultation in relation to proposals under section 15

      11. Section 17: Direction requiring discontinuance of community or foundation special school

      12. Section 18: Alterations that may be made under section 19

      13. Section 19: Publication of proposals for alteration of school

      14. Section 20: Restriction on power of governing body to publish foundation proposals

      15. Section 21: Proposals under section 19: procedure

      16. Section 22: Right of governing body to determine own foundation proposals

      17. Section 23: Rights of interested bodies in relation to proposals under section 21

      18. Section 24: Proposals under section 19: implementation

      19. Section 25: Proposals for removal of foundation or reduction in foundation governors

      20. Section 26: Proposals under section 25: procedure

      21. Section 27: Proposals under section 25: implementation

      22. Section 28: Restriction on establishment, alteration or discontinuance of schools

      23. Section 29: Abolition of school organisation committees

      24. Section 30: Amendments relating to school organisation

      25. Section 31: Transitional provisions

      26. Section 32: Interpretation of Part 2

   3. Part 3: Further Provisions about Maintained Schools

      1. Section 33: Requirements as to foundations

      2. Section 34: Parents councils for certain foundation or foundation special schools

      3. Section 35: Funding of voluntary aided schools: meaning of ‘capital expenditure’

      4. Section 36: Disposal and changes of use of land

      5. Schedule 4: Disposals and changes of use of land

      6. Section 37: Staff at foundation or voluntary schools with religious character

      7. Section 38: General duties of governing body of maintained school

      8. Section 39: General restriction on selection by ability

      9. Section 40: Code for school admissions

      10. Section 41: Role of admission forums

      11. Section 42: Support for parental preferences

      12. Section 43: Duty of governing body to implement decisions relating to admissions

      13. Section 44: Prohibition on interviews

      14. Section 45: Admission arrangements for schools with religious character: consultation and objections

      15. Section 46: Restriction on alteration of admission arrangements

      16. Section 47: Objections to admission arrangements

      17. Section 48: Looked after children to whom section 87(2) of SSFA 1998 applies

      18. Section 49: Procedure for giving direction under section 96 of SSFA 1998

      19. Section 50: Direction to admit looked after child to specified school

      20. Section 51: Directions to admit child to specified school: supplementary provisions

      21. Section 52: Power of Assembly to make regulations about looked after children

      22. Section 53: Schools with pre-1998 arrangements for selection by ability or aptitude

      23. Section 54: Pupil banding

      24. Section 55: Right of sixth-form pupils to be excused from attendance at religious worship

      25. Section 56: Charges for music tuition

      26. Section 57: School funding

      27. Section 58: Removal of requirement to issue code of practice as to relationships between LEAs and maintained schools in England etc

   4. Part 4: Schools Causing Concern

      1. Section 59: Meaning of "maintained school" and "eligible for intervention"

      2. Section 60:  Warning notice by local education authority

      3. Section 61: School requiring significant improvement

      4. Section 62: School requiring special measures

      5. Section 63: Power of LEA to require governing body to enter into arrangements

      6. Section 64: Power of LEA etc. to appoint additional governors

      7. Section 65: Power of LEA to provide for governing body to consist of interim executive members

      8. Section 66: Power of LEA to suspend right to delegated budget

      9. Section 67: Power of Secretary of State to appoint additional governors

      10. Section 68: Power of Secretary of State to direct closure of school

      11. Section 69: Power of Secretary of State to provide for governing body to consist of interim executive members

      12. Section 70: Governing bodies consisting of interim executive members

      13. Schedule 6: Governing bodies consisting of interim executive members

      14. Section 71: Amendments relating to schools causing concern

      15. Schedule 7, Part 1: Amendments relating to schools causing concern

      16. Schedule 7, Part 2: Minor and consequential amendments

      17. Section 72: Duty of LEA to have regard to guidance

   5. Part 5: Curriculum and Entitlements

      1. Section 74: Curriculum requirements for the fourth key stage

      2. Section 75: Education and training to satisfy entitlements

   6. Part 6: School Travel and School Meals

      1. Section 76: LEAs in England: duty to promote sustainable modes of travel etc

      2. Section 77: LEAs in England: provision of travel arrangements etc for children

      3. Schedule 8: Travel to schools etc: meaning of eligible child

      4. Section 78: LEAs in England: school travel schemes

      5. Schedule 9: School Travel Schemes

      6. Section 79: Piloting of school travel scheme provisions

      7. Section 80: Power to repeal school travel scheme provisions etc

      8. Section 81: Local education authorities in England: provision of transport etc for certain adult learners

      9. Section 82: Amendments of section 444 EA 1996 relating to school travel

      10. Section 83: Learning and Skills Council for England: transport etc for persons of sixth form age

      11. Section 84: LEAs in England: duty to have regard to religion or belief in exercise of travel functions

      12. Section 85: Further amendments relating to travel to schools etc.

      13. Section 86: Provision of food and drink on school premises etc.

      14. Section 87: Power to charge for provision of meals etc

   7. Part 7: Discipline, Behaviour and Exclusion

      1. Section 88: Responsibility of governing body for discipline

      2. Section 89: Determination by head teacher of behaviour policy

      3. Section 90: Meaning of “disciplinary penalty”

      4. Section 91: Enforcement of disciplinary penalties: general

      5. Section 92: Enforcement of disciplinary penalties: detention outside normal school sessions

      6. Section 93: Power of members of staff to use force

      7. Section 94: Defence where confiscation lawful

      8. Section 95: Interpretation of Chapter 1

      9. Section 96: Repeals consequential on provisions of Chapter 1

      10. Section 97: Parenting contracts

      11. Section 98: Parenting orders in cases of exclusion or misbehaviour

      12. Section 99: Parenting contracts and parenting orders: further provisions

      13. Section 100: Duty of governing body or proprietor where pupil excluded for fixed period

      14. Section 101: Duty of local education authority in relation to excluded pupils

      15. Section 102: Reintegration interviews

      16. Section 103: Duty of parent in relation to excluded pupil

      17. Section 104: Notice to parent relating to excluded pupil

      18. Section 105: Penalty notice in respect of presence of excluded pupil in public place

      19. Section 106: Penalty notices: supplemental

      20. Section 107: Penalty notices: amendments of Police Reform Act 2002

      21. Section 108: Removal of excluded pupils to designated premises

      22. Section 109: Failure to secure school attendance

      23. Section 110: Sums received under section 444A of 1996 Act

      24. Section 111: Meaning of “maintained school" and "relevant school" in Chapter 2

   8. Part 8 – Inspections

      1. Chapter 1 – The Office and the Chief Inspector

         1. Section 112: Office for Standards in Education, Children’s Services and Skills

         2. Schedule 11: The Office for Standards in Education, Children’s Services and Skills

         3. Section 113: Her Majesty’s Chief Inspector of Education, Children’s Services and Skills

         4. Section 114: Her Majesty’s Inspectors of Education, Children’s Services and Skills

         5. Section 115: Further provision about Chief Inspector and other inspectors etc.

         6. Schedule 12: The Chief Inspector and other inspectors

         7. Schedule 12, Part 1 – The Chief Inspector

         8. Schedule 12, Part 2 – Inspectors etc. acting on behalf of Chief Inspector

         9. Section 116: Functions of the Office

         10. Section 117: Performance of Office’s functions

         11. Section 118: Functions of the Chief Inspector

         12. Section 119: Performance of Chief Inspector’s functions

         13. Section 120: Children’s Rights Director

         14. Section 121: Annual report and other reports to Secretary of State

      2. Chapter 2 – General transfer of functions

         1. Section 122: General transfer of functions to the Chief Inspector

      3. Chapter 3 – Inspection of Further Education and Training etc

         1. Section 123: Education and training to which this Chapter applies

         2. Section 124: Inspection of education and training to which this Chapter applies

         3. Section 125: Inspection of further education institutions

         4. Section 126: Other inspections

         5. Section 127: Action plans

         6. Section 128: Area inspections

         7. Section 129:  Reports of area inspections

         8. Section 130:  Action plans following area inspections

         9. Section 131: Power of entry

         10. Section 132: Power to inspect documents, etc.

         11. Section 133: Framework for inspections

         12. Section 134: Abolition of Adult Learning Inspectorate

      4. Chapter 4 – Inspection and review of Local Authorities in England

         1. Section 135: Functions to which this Chapter applies and related activities

         2. Section 136: Inspection of local authorities in England

         3. Section 137: Reports of inspections under section 136

         4. Section 138: Annual reviews of local authorities in England

         5. Section 139: Power of entry

         6. Section 140: Power to inspect documents etc.

         7. Section 141: Power to require information etc.

         8. Section 142: Interpretation etc.

      5. Chapter 5 – Inspection of CAFCASS functions

         1. Section 143: Inspection of CAFCASS functions

         2. Section 144: Power of entry

         3. Section 145: Power to inspect documents etc.

      6. Chapter 6 – Further provisions relating to functions of Chief Inspector

         1. Section 146: Inspection of secure training centres

         2. Section 147: Inspection of premises in connection with adoption and fostering functions

         3. Section 148: Transfer of certain CSCI functions to the Chief Inspector

         4. Section 149: Interaction with other authorities

         5. Schedule 13: Interaction with other authorities

         6. Section 150: Evidence of authority

         7. Section 151: Publication of inspection reports

         8. Section 152: Combined reports

         9. Section 153 – Use of information

      7. Chapter 7 – Miscellaneous and supplementary

         1. Section 154: Duty to report on contribution of certain schools to community cohesion

         2. Section 155: Payment of annual fee to the Chief Inspector by local authorities

         3. Section 156: Removal of HMICA’s duty to inspect performance of Assembly’s functions relating to family proceedings

         4. Section 157: Minor and consequential amendments

         5. Schedule 14: Minor and consequential amendments relating to Part 8

         6. Section 158: Transitional provisions

         7. Schedule 15: Transitional provisions relating to Part 8

         8. Section 159: Interpretation of Part 8

   9. Part 9: Miscellaneous

      1. Section 160: Power of Chief Inspector to investigate complaints by parents about schools

      2. Section 161 and Schedule 16: Powers to facilitate innovation

      3. Section 162: Power to repeal references to "local education authority" and “children’s services authority” etc.

      4. Section 163: Provision of advice by adjudicator

      5. Section 164: Provision of information about children receiving funded education outside school

      6. Section 165: Power of members of staff of further education institutions to use force

      7. Section 166: Collaboration arrangements: maintained schools and further education bodies

      8. Section 167: Consultation with young pupils

      9. Section 168: Maintained nursery schools: amendment of sections 496 and 497 of EA 1996

      10. Section 169: Prohibition on participation in management of independent school

      11. Section 170: Prohibition on participation in management: supplementary

      12. Section 171: Prohibition on participation in management; transitional provisions.

      13. Section 172: Offences relating to independent schools.

      14. Section 173: Special educational needs co-ordinators

      15. Section 174: Time limits relating to statements of special educational needs

      16. Section 175: Miscellaneous amendments relating to schools in Wales

      17. Section 176: Support schemes relating to education and training for persons aged 10 to 15

      18. Section 177: University bodies: amendments of section 29 of Leasehold Reform Act 1967

   10. Part 10: General

       1. Section 178: Framework power relating to Wales

       2. Section 179: Restrictions on framework power conferred by section 178

       3. Section 180: Functions to be exercisable by National Assembly for Wales

       4. Section 183: Power to make consequential and transitional provision etc.

7. Commencement

8. Hansard References

9. ANNEX A – TERRITORIAL APPLICATION

10. ANNEX B - DIFFERENCES BETWEEN FOUNDATION AND COMMUNITY SCHOOLS