School Standards and Framework Act 1998

Section 122.

SCHEDULE 26U.K. Inspection of nursery education [F1in Wales]

IntroductoryE+W

1(1)In this Schedule “relevant nursery education” means—E+W

[F2(za)nursery education provided in a maintained school [F3in Wales] or a maintained nursery school [F3in Wales];]

(a)nursery education [F4not falling within paragraph (za)] which is provided by a [F5local authority] [F6in Wales];

[F7(b)nursery education which is provided by any other person who is (or is to be) in receipt of financial assistance given by such an authority and whose provision of nursery education is taken into account by the authority in formulating proposals for the purposes of section 120(2)(a); or]

[F7(b)nursery education which is provided by any other person under arrangements made with that person by a [F5local authority] [F8in Wales] in pursuance of the duty imposed on the authority by section 118 and in consideration of financial assistance provided by the authority under the arrangements.]

F9(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2)In this Schedule “nursery education under consideration for funding” means nursery education provided by a person [F10to whom a [F5local authority] [F11in Wales] are considering giving financial assistance and whose provision of nursery education would fall to be taken into account by the authority in formulating proposals for the purposes of section 120(2)(a).] [F10with whom a [F5local authority] [F11in Wales] are considering making arrangements in pursuance of the duty imposed on the authority by section 118 for the provision of nursery education in consideration of financial assistance provided by the authority under the arrangements.]

[F12(3)Where—

(a)any education is for the time being provided at any premises for children who have not attained the age prescribed for the purposes of section 118(1)(b), and

(b)that education is provided by a person—

(i)who proposes to provide nursery education at those premises, and

(ii)to whom a [F5local authority] [F13in Wales] are considering giving financial assistance in the event of his providing that nursery education, and

(iii)whose provision of that nursery education would fall to be taken into account by the authority in formulating proposals for the purposes of section 120(2)(a),

this Schedule shall apply in relation to the education for the time being provided for the children mentioned in paragraph (a) above as it applies in relation to nursery education under consideration for funding. ]

[F12(3)Where—

(a)any education is for the time being provided at any premises for children who have not attained the age prescribed for the purposes of section 118(1)(b) (“the prescribed age”), and

(b)that education is provided by a person—

(i)who proposes to provide nursery education at those premises for children who have attained the prescribed age, and

(ii)with whom a [F5local authority] [F13in Wales] are considering making arrangements of the kind mentioned in sub-paragraph (2),

the education is to be treated for the purposes of this Schedule as nursery education under consideration for funding even though it is provided for children who have not attained the prescribed age.]

2[F14(1)In this Schedule—E+W

F15(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)“the Chief Inspector for Wales” means Her Majesty's Chief Inspector of Education and Training in Wales, and

[F16(c)“the Chief Inspector” (without more) means the Chief Inspector for Wales.]

(2)In this Schedule references to registered [F17Welsh] nursery education inspectors are to persons registered under paragraph 8.

[F18(3)In this Schedule “members of the Welsh Inspectorate” means—

(a)the Chief Inspector for Wales,

(b)Her Majesty's Inspectors of Education and Training in Wales, and

(c)additional inspectors with whom the Chief Inspector for Wales has made arrangements to give him assistance under paragraph 2 of Schedule 2 to the Education Act 2005.]

F19(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F20(5)In this Schedule, “well-being” in relation to children for whom nursery education is provided in Wales, is a reference to their well-being having regard to the matters mentioned in section 25(2) of the Children Act 2004.]]

General functions of the Chief InspectorE+W

3[F21(1)]The Chief Inspector has the general duty of keeping [F22the Assembly] informed about—E+W

(a)the quality and standards of relevant nursery education,

[F23(aa)how far relevant nursery education meets the needs of the range of children for whom it is provided,

(ab)the quality of leadership and management in connection with the provision of relevant nursery education,

(ac)the contribution of relevant nursery education to the well-being of the children for whom it is provided,] F24...

[F25(ad)the development of children for whom relevant nursery education is provided, by reference to the four purposes of a curriculum for those children, and]

(b)the spiritual, moral, social and cultural development of children for whom relevant nursery education is provided.

[F26(2)In sub-paragraph (1), the four purposes of a curriculum for the children mentioned in paragraph (ad) are those set out in section 2(1) of the Curriculum and Assessment (Wales) Act 2021.]

4E+WWhen asked to do so by [F27the Assembly], the Chief Inspector shall give advice to [F27the Assembly] on such matters relating to relevant nursery education as may be specified in [F28the Assembly's] request.

5E+WThe Chief Inspector may at any time give advice to [F29the Assembly] on any matter connected with—

(a)relevant nursery education generally, or

(b)relevant nursery education, or nursery education under consideration for funding, provided at particular premises.

F30...E+W

F306E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F30Inspections in EnglandU.K.

F316AU.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Inspections in WalesU.K.

6B(1)The Chief Inspector for Wales—U.K.

(a)shall secure that relevant nursery education provided in Wales is inspected by a member of the Welsh Inspectorate or a registered Welsh nursery education inspector at such intervals as may be prescribed,

(b)shall secure that relevant nursery education, or nursery education under consideration for funding, provided in Wales is inspected by a member of the Welsh Inspectorate or a registered Welsh nursery education inspector at any time when the National Assembly for Wales requires the Chief Inspector for Wales to secure its inspection, and

(c)may secure that any relevant nursery education, or nursery education under consideration for funding, provided in Wales is inspected by a member of the Welsh Inspectorate or a registered Welsh nursery education inspector at any other time when the Chief Inspector for Wales considers that it would be appropriate for it to be inspected.

(2)Sub-paragraph (1)(a) does not apply to nursery education provided at a school to which section 28 of the Education Act 2005 (duty to arrange regular inspections of certain schools) applies.

(3)The Chief Inspector for Wales may comply with sub-paragraph (1) either by organising inspections or by making arrangements with others for them to organise inspections.

(4)A requirement such as is mentioned in sub-paragraph (1)(b) may relate to nursery education provided at particular premises or a class of premises.

[F30Reports of inspections under paragraph F32... 6BU.K.

7U.K.A person conducting an inspection under paragraph F33... 6B shall report on—

(a)the quality and standards of the nursery education provided,

(b)how far that nursery education meets the needs of the range of children for whom the education is provided,

(c)the quality of leadership and management in connection with the provision of the nursery education,

(d)the contribution made by that nursery education to the well-being of those children, and

(e)so far as it is reasonably practicable to do so, the spiritual, moral, social and cultural development of the children for whom the nursery education is provided.]

Registration of nursery education inspectors [F34for Wales] U.K.

8(1)F35... [F36Her Majesty’s Chief Inspector of Education and Training in Wales or Prif Arolygydd Ei Mawrhydi dros Addysg a Hyfforddiant yng Nghymru] shall establish and maintain a register of nursery education inspectors for Wales.E+W

(2)The Chief Inspector [F37for Wales]—

(a)shall give guidance to registered [F38Welsh] nursery education inspectors and such other persons as he considers appropriate in connection with inspections under paragraph [F396B] and the making of reports of such inspections, and

(b)shall keep under review the system of inspections under paragraph [F396B] and, in particular, the standard of such inspections and of the reports made of them.

(3)The Chief Inspector [F37for Wales] shall not register a person under this paragraph unless, having regard to any conditions that he proposes to impose under sub-paragraph [F40(5B)], it appears to him that the person—

(a)is a fit and proper person for discharging the functions of a registered [F41Welsh] nursery education inspector, and

(b)will be capable of conducting inspections under paragraph [F426B] competently and effectively and no person shall be so registered if he falls within a category of persons prescribed for the purposes of this sub-paragraph.

[F43(4)Subject to that, the Chief Inspector [F37for Wales] shall register such persons as he considers appropriate.

(5)The factors which the Chief Inspector [F37for Wales] may take into account for the purposes of sub-paragraph (4) include the extent to which there is a need for registered inspectors in any part of F44... Wales.

(5A)The Chief Inspector [F37for Wales] may require payment of a fee before registering a person under sub-paragraph (4).

(5B)Registration under sub-paragraph (4) may be subject to such conditions as the Chief Inspector [F37for Wales] considers it appropriate to impose.]

(6)Conditions imposed under sub-paragraph [F45(5B)] may be conditions applying generally in relation to all cases, or particular classes of case, or such conditions together with specific conditions applying in the particular case.

(7)Where a person is registered subject to conditions imposed under sub-paragraph [F45(5B)], he shall be taken to be authorised to act as a [F46registered Welsh nursery education inspector] only so far as those conditions permit.

(8)The period for which any registration is to have effect shall be determined by the Chief Inspector [F37for Wales] and shall be entered in the register kept by him.

F47(9). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

9(1)If the Chief Inspector [F48for Wales] is satisfied that any of the conditions mentioned in sub-paragraph (2) is satisfied with respect to a nursery education inspector registered in his register, he may remove the name of that inspector from that register.E+W

(2)The conditions are that—

(a)he is no longer a fit and proper person for discharging the functions of a registered [F49Welsh] nursery education inspector under paragraph [F506B],

(b)he is no longer capable of conducting inspections under that paragraph competently and effectively,

(c)there has been a significant failure on his part to comply with any condition imposed under [F51paragraph 8(5B)] subject to which his registration has effect,

(d)he has, without reasonable explanation, produced a report of an inspection under paragraph [F526B] which is, in whole or in part, seriously misleading.

(3)The Chief Inspector [F53for Wales] may vary any condition subject to which the registration of an inspector has effect, or vary the registration of an inspector by imposing a condition subject to which it will have effect, if he is satisfied—

(a)that he is authorised by sub-paragraph (1) to remove the name of the inspector from his register, or

(b)that it would otherwise be in the public interest for him to do so.

(4)References in this Schedule to a condition imposed under [F54paragraph 8(5B)] include a condition imposed under sub-paragraph (3).

F55(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

10(1)Any person who is aggrieved by—E+W

(a)the refusal of the Chief Inspector [F56for Wales] to renew his registration under paragraph 8,

(b)the imposition or variation of any condition subject to which he is registered under that paragraph, or

(c)the removal of his name from the register under paragraph 9,

may appeal against the Chief Inspector’s decision.

F57(1A). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F58(2)An appeal under sub-paragraph (1) shall be made to a tribunal with the same constitution as a tribunal to hear an appeal under section 27 of the Education Act 2005; and paragraph 2 (procedure) and paragraph 3 (staff) of Schedule 3 to that Act apply to tribunals to hear appeals under sub-paragraph (1) as they apply to tribunals to hear appeals under that section.]

(3)No decision against which an appeal may be made under sub-paragraph (1) shall have effect until—

(a)any appeal against it which is duly made is disposed of, or

(b)the period within which an appeal may be made expires without an appeal being made.

(4)Sub-paragraph (3) shall not apply where the Chief Inspector [F59for Wales]—

(a)is satisfied that the circumstances of the case justify the decision in question taking effect immediately or earlier than would otherwise be the case, and

(b)notifies the person concerned to that effect.

(5)On determining any appeal under this paragraph, the tribunal may—

(a)confirm, reverse or vary the decision appealed against, or

(b)remit the case to the Chief Inspector [F59for Wales] with directions as to the action to be taken by him.

[F60Training of registered Welsh nursery education inspectors]E+W

11(1)A registered [F61Welsh] nursery education inspector shall not conduct an inspection under paragraph 6 unless he has, in the opinion of the Chief Inspector [F62for Wales], satisfactorily completed a course of training provided by, or complying with arrangements approved by, the Chief Inspector [F62for Wales].E+W

(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 [F63for Wales].

(3)Where the Chief Inspector [F64for 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.

ImpartialityE+W

12E+WA person shall not undertake an inspection under paragraph [F656B] of nursery education provided by a person at any premises, or accompany a person undertaking such an inspection, if he has, or has at any time had, any connection with—

(a)the person by whom the education is provided (or, where it is provided by a body, any member of the body), or

(b)any person employed by that person (whether or not at the premises),

of a kind which might reasonably be taken to raise doubts about his ability to act impartially.

[F66 Reports of inspectionsU.K.

13(1)Where a person has conducted an inspection under paragraph 6 he shall make his report in writing to the Chief Inspector within such period as may be prescribed, subject to any extension not exceeding three months which the Chief Inspector may consider necessary.U.K.

(2)Once the report of an inspection has been made to the Chief Inspector under sub-paragraph (1) he shall without delay send a copy of it to such authorities and persons as may be prescribed.

(3)Section 42A(2) and (3) of the M1School Inspections Act 1996 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 section 42A(2).]

[F66Reports of inspections: EnglandU.K.

F6713AU.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Reports of inspections: WalesU.K.

13B(1)Where a person has conducted an inspection under paragraph 6B he shall make his report in writing to the Chief Inspector for Wales within such period as may be prescribed, subject to any extension not exceeding three months which the Chief Inspector for Wales may consider necessary.U.K.

(2)Once the report of an inspection has been made to the Chief Inspector for Wales under sub-paragraph (1) he shall without delay send a copy to such authorities and persons as may be prescribed.

(3)Regulations may require any prescribed person to whom a copy of the report is sent under subsection (2) to make a copy of the report available for inspection by prescribed persons.

(4)Subsections (2) to (4) of section 29 of the Education Act 2005 shall apply in relation to the publication of any such report in relation to Wales as they apply in relation to the publication of a report under any of the provisions mentioned in subsection (2) of that section.]

Annual reports of the Chief InspectorU.K.

[F6814F69(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .U.K.

(2)The annual report of the Chief Inspector for Wales required by subsection (1)(a) of section 21 of the Education Act 2005 to be made to the National Assembly for Wales shall include an account of the exercise of the functions conferred or imposed on him by or under this Schedule; and the power conferred by subsection (1)(b) of that section to make other reports to the Assembly includes a power to make reports which fall within the scope of his functions by virtue of this Schedule.]

Reserve powers of the Chief InspectorE+W

F7015E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

16E+WIf the Chief Inspector elects in the case of an inspection within paragraph (b) or (c) of sub-paragraph (1) of paragraph F71[F72... 6B] that the inspection shall be treated as if it were an inspection within paragraph (a) of that sub-paragraph, the inspection shall be so treated.

[F7317E+WWhere an inspection in Wales is being conducted by a registered Welsh nursery education inspector under paragraph 6B, the Chief Inspector for Wales may arrange for the inspection to be monitored by one or more members of the Welsh Inspectorate.]

Rights of entryU.K.

18(1)[F74This paragraph applies to—U.K.

F75(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)a member of the Inspectorate monitoring such an inspection under paragraph 17.]

[F74This paragraph applies to—

(a)the Chief Inspector for England when conducting an inspection under paragraph 6A,

(b)a registered Welsh nursery education inspector or member of the Welsh Inspectorate conducting an inspection under paragraph 6B, or

(c)a member of the Welsh Inspectorate monitoring under paragraph 17 an inspection under paragraph 6B.]

(2)A person to whom this paragraph applies shall have at all reasonable times—

(a)a right of entry to the premises at which the relevant nursery education concerned is provided; and

(b)a right to inspect, and take copies of—

(i)any records kept by the person providing that education, and

(ii)any other documents containing information relating to the provision of that education,

which he requires for the purposes of conducting or (as the case may be) monitoring the inspection.

(3)[F76Section 58 of the Education Act 2005 (inspection of computer records for the purposes of Part 1 of that Act) shall apply for the purposes of this paragraph as it applies for the purposes of Part 1 of that Act.]

(4)[F76It shall be an offence wilfully to obstruct a member of the Inspectorate or a registered nursery education inspector in the exercise of his functions in relation to an inspection under paragraph 6.]

[F76It shall be an offence—

F77(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)intentionally to obstruct a member of the Welsh Inspectorate or a registered Welsh nursery education inspector in the exercise of his functions in relation to an inspection under paragraph 6B.]

(5)Any person guilty of an offence under sub-paragraph (4) shall be liable on summary conviction to a fine not exceeding level 4 on the standard scale.

(6)In this paragraph “documents” and “records” each include information recorded in any form.]