Education Act 1997

Part VIU.K. Inspection of [F1local authorities] and school inspections

Chapter IU.K. Inspection of [F1local authorities]

38 Inspection of [F1local authorities] .E+W

(1)The Chief Inspector—

(a)may, and

(b)if requested to do so by the Secretary of State, shall,

arrange for any [F2local authority] to be inspected under this section.

F3(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F4(2A)An inspection of a [F2local authority] in Wales under this section shall consist of a review of the way in which the authority are performing—

[F5(a)any education function of theirs;]

(b)the functions conferred on them under sections 25 and 26 [F6of the Children Act 2004] so far as relating to education, training or youth support services (within the meaning of section 123 of the Learning and Skills Act 2000).]

(3)A request by the Secretary of State under this section may relate to one or more [F1local authorities], and shall specify both—

(a)the [F2local authority] or authorities concerned, and

(b)the functions of theirs to which the inspection is to relate.

(4)Before making any such request the Secretary of State shall consult the Chief Inspector as to the matters to be specified in the request in accordance with subsection (3).

(5)Any inspection under this section shall be conducted—

(a)by one of Her Majesty’s Inspectors of Schools in F7... Wales, or

(b)by any additional inspector authorised under F8... [F9paragraph 2 of Schedule 2 to [F10the Education Act 2005]];

but he may be assisted by such other persons (whether or not members of the Chief Inspector’s staff) as the Chief Inspector thinks fit.

(6)For the purposes of this section a [F2local authority] shall provide the Chief Inspector with such information as may be prescribed, and shall do so in such form and—

(a)within such period following a request made by the Chief Inspector in any prescribed circumstances, or

(b)at such other times,

as regulations may provide.

(7)In this section and sections 39 to [F1141A] “the Chief Inspector” means—

F12(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)in relation to a [F2local authority] in Wales, [F13Her Majesty’s Chief Inspector of Education and Training in Wales or Prif Arolygydd Ei Mawrhydi dros Addysg a Hyfforddiant yng Nghymru];

and in those sections references to “the inspector” in relation to an inspection under this section are references to the person conducting the inspection.

39 Reports of inspections under s. 38 and action plan by [F2local authority]E+W

(1)Where an inspection under section 38 has been completed, the inspector shall make a written report on the matters reviewed in the course of the inspection, and shall send copies of the report to—

(a)any [F2local authority] to which the inspection relates; and

(b)the Secretary of State.

(2)Where a [F2local authority] receive a copy of a report under this section, 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.

(3)The authority shall publish—

(a)the report, and

(b)the statement prepared under subsection (2),

within such period, and in such manner, as may be prescribed.

(4)The Chief Inspector may arrange for any report under this section to be published in such manner as he considers appropriate [F14; and F15[F16... section 29(2) to (4) of [F17 the Education Act 2005 ]] shall apply in relation to the publication of any such report as they apply in relation to the publication of a report under any of the provisions mentioned in F18[F19... section 29(2)] .]

[F2040 Inspector’s rights of entry etc.E+W

(1)This section applies where a [F2local authority] are inspected under section 38.

(2)The inspector, and any person assisting him, shall have at all reasonable times a right of entry to—

(a)the premises of the [F2local authority],

(b)the premises of any school maintained by the authority, and

(c)any other premises at which relevant section 19 education is provided, other than premises which are or form part of a private dwelling house but are not a school.

(3)The inspector, and any person assisting him, shall also have at all reasonable times a right to inspect and take copies of—

(a)any records kept by, and any other documents containing information relating to, the [F2local authority] or any school maintained by the authority, and

(b)any records kept by a person who provides relevant section 19 education that relate to the provision of that education, and any other documents containing information that so relates;

which he considers relevant to the exercise of his functions.

(4)[F21Section 58 of the Education Act 2005] (inspection of computer records) shall apply for the purposes of subsection (3) as it applies for the purposes of Part 1 of that Act.

(5)Without prejudice to subsections (2) and (3), the [F2local authority] and the governing body of any school maintained by the authority—

(a)shall give the inspector and any person assisting him, all assistance in connection with the exercise of his functions which they are reasonably able to give, and

(b)shall secure that all such assistance is also given by persons who work at the school.

(6)It shall be an offence wilfully to obstruct the inspector or any person assisting him in the exercise of his functions in relation to the inspection.

(7)A person guilty of an offence under subsection (6) shall be liable on summary conviction to a fine not exceeding level 4 on the standard scale.

(8)In this section—

• “document” and “records” each include information recorded in any form; and

• “relevant section 19 education” means education provided to a child by virtue of arrangements made by the [F2local authority] under section 19 of the Education Act 1996 (exceptional provision of education at schools or otherwise).]

F2241 Inspections involving collaboration of Audit Commission.E+W

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[F2341AInspections involving collaboration of Auditor General for WalesU.K.

(1)If requested to do so by the Chief Inspector, the Auditor General for Wales may assist with any inspection under section 38 of a [F2local authority] in Wales; and subsections (2) to (5) below have effect where the Auditor General for Wales assists with any such inspection.

(2)Section 40 shall apply to the Auditor General for Wales and to any authorised person as it applies to the inspector.

(3)Any information obtained by virtue of section 40 by a person falling within one of the categories mentioned in subsection (4) may be disclosed for the purposes of the inspection, or the preparation or making of the report under section 39(1), to a person falling within the other category.

(4)Those categories are—

(a)the Auditor General for Wales and any authorised person; and

(b)the inspector and any person assisting him.

(5)Any report prepared under section 39(1) shall be prepared by the inspector acting in conjunction with the Auditor General for Wales.

(6)The Auditor General for Wales shall not provide assistance under this section unless, before he does so, the Chief Inspector has agreed to pay the Auditor General for Wales an amount equal to the full costs incurred by the Auditor General for Wales in providing the assistance.

(7)In this section “authorised person” means a person authorised by the Auditor General for Wales for the purposes of this section.]

Chapter IIU.K. School Inspections

F2442 Miscellaneous amendments relating to school inspections.E+W

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