The Education (Exemption from School and Further Education Institutions Inspections) (England) (Amendment) Regulations 2020

First inspection of a school which has ceased to be an exempt school3B

1

This regulation applies in the case of a school to which, immediately before this regulation came into force, section 5 of the 2005 Act7 (duty to inspect certain schools at prescribed intervals) did not apply as a result of the Education (Exemption from School Inspection) (England) Regulations 20128 (a “former exempt school”).

2

The Chief Inspector9 must, before 1st August 2026, carry out a section 5 inspection10, or an initial section 8 inspection, of the former exempt school.

3

In this regulation, “initial section 8 inspection” means an inspection carried out under section 8(2) of the 2005 Act11 (other inspections) for the purposes of determining whether the school would be likely to achieve a grade of “outstanding” for the quality of education it provides if a section 5 inspection were carried out.

4

Paragraph (5) applies where, having carried out an initial section 8 inspection of a former exempt school for the purposes of paragraph (2), the Chief Inspector is satisfied that the evidence does not suggest that the school would not achieve a grade of “outstanding” for the quality of education it provides if a section 5 inspection were carried out.

5

For the purposes of regulation 3—

a

the initial section 8 inspection of the former exempt school is to be treated as the earlier section 5 inspection of that school in determining the first interval between inspections taking place on or after the day on which this regulation came into force; and

b

the school is to be treated as having been awarded in that earlier section 5 inspection a grade of “outstanding” for the quality of education it provides.

6

Where paragraph (5) does not apply, the Chief Inspector must carry out a section 5 inspection of the school before 1st August 2027.

7

Any inspection of a former exempt school that was carried out before the day on which this regulation came into force is to be ignored in determining under regulation 3 the intervals between inspections taking place on or after that day.

8

For the purposes of this regulation an inspection is treated as being carried out at the time at which it is begun.