Part 4

Regulation and inspection of independent educational provision in England
Chapter 1

Independent educational institutions in England

Failure to meet standards

Power of Secretary of State to take enforcement action
115
1
This section applies to a registered independent educational institution if the Secretary of State is satisfied, taking into account relevant evidence, that one or more of the independent educational institution standards is or are not being met in relation to the institution.
2
In subsection (1) “relevant evidence” means—
a
the report of an inspection carried out by the Chief Inspector or an independent inspectorate, or
b
any other evidence in respect of the institution.
3
The Secretary of State may take enforcement action under section 116 against the proprietor of a registered independent educational institution to which this section applies if either of the following conditions is met.
4
The first condition is that—
a
the Secretary of State has, during the period of three years before the enforcement action is taken, required the proprietor of the institution to submit one or more action plans under section 114, and
b
any action plan required as mentioned in paragraph (a)—
i
has not been submitted, and the date specified by the Secretary of State under section 114(5)(b) has passed,
ii
was submitted but was rejected, or
iii
was approved but was subsequently not complied with.
5
The second condition is that—
a
at least two years before the enforcement action is taken the Secretary of State required the proprietor of the institution to submit an action plan,
b
at least one inspection of the institution has been carried out, by the Chief Inspector or an independent inspectorate approved under section 106 in relation to the institution, since that requirement was imposed, and
c
the Secretary of State has not at any time since that requirement was imposed been satisfied that the institution was meeting all of the independent educational institution standards.
Pt. 4 Ch. 1 modified (22.12.2014) by The Education and Skills Act 2008 (Commencement No. 11 and Saving and Transitory Provisions) Order 2014 (S.I. 2014/3364), art. 3(2)
S. 115 in force at 5.1.2015 by S.I. 2014/3364, art. 2(k)
Pt. 4 Ch. 1: power to amend conferred (1.4.2018) by Children and Social Work Act 2017 (c. 16), ss. 34(6)(e), 70(2); S.I. 2018/346, reg. 4(e)
Pt. 4 Ch. 1: power to amend conferred (1.4.2018) by Children and Social Work Act 2017 (c. 16), ss. 35(4)(e), 70(2); S.I. 2018/346, reg. 4(f)