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Education Act 2005

Chapter 4 – Procedure for Inspections under Chapter 3
Section 32: Inspections by members of the Inspectorate

73.This section re-enacts section 12(3) and (4) of SIA 1996 in its application to Wales. It enables the Chief Inspector to treat an inspection by HMI under section 20(2)(b) or 24(1) as though it were an inspection under section 28.

Section 33: Duty to report on section 28 inspections

74.This section re-enacts section 13(1) of SIA 1996 in its application to Wales. It requires the making of a written report and summary report following completion of a school inspection under section 28.

Sections 32-33: Section 28 inspections by registered inspectors and reports of inspections by members of the Inspectorate

75.These sections re-enact with modifications section 13(2) to (8) and section 14 of SIA 1996 in their application to Wales, extending their application to schools requiring significant improvement in addition to schools requiring special measures. They set out the required procedure in relation to the report of an inspection carried out by a registered inspector or an HMI who is of the view that a school requires significant improvement or special measures.

Section 36: Timing of section 28 inspections by registered inspectors

76.This section re-enacts section 15 of SIA 1996 in its application to Wales. It requires a school inspection by a registered inspector to be carried out within a time specified in regulations made by the Assembly and for the period allowed for the making of an inspection report to be specified in such regulations. It allows the Chief Inspector to extend those times and provides for the giving of notice of any extension.

Section 37: Duty to notify where inspection shows maintained school causing concern

77.This section re-enacts with modifications section 16A of SIA 1996 as it applies to Wales, with changes to terminology as set out at section 44, and to the arrangements for notifying the local education authority when a maintained school receives a designation. Where an inspection of a maintained school identifies that the school requires significant improvement or special measures, the Chief Inspector is required to inform the Assembly and the local education authority of this immediately in writing. Thus, the local education authority will in future receive such notification direct from the Chief Inspector, rather than as at present from the Assembly.

Section 38: Destination of reports: maintained schools

78.This section re-enacts with modifications section 16 of SIA 1996 in its application to Wales. It requires school inspection reports and summaries to be made widely available to specified persons, and sets out who must receive a copy of a report and summary and in what circumstances. In addition to all reports following an inspection under section 28 and to other reports by HMI identifying a school as requiring special measures, this section applies to other reports by HMI identifying a school as requiring significant improvement.

Section 39: Statement to be prepared by appropriate authority

79.This section re-enacts with modifications section 17 of SIA 1996 in its application to Wales. It sets out the requirement on a school’s governing body or, where the school does not have a delegated budget, on the local education authority, to prepare a written statement of action setting out the steps they propose to take in the light of a report of any inspection under section 28, or any other inspection by HMI stating that special measures are required. New provision is made requiring a statement of action to be prepared also after other HMI inspections where the report states that the school requires significant improvement. Regulations made by the Assembly will set out the periods for preparing a written statement and the periods for sending them to specified persons, including the Assembly.

Section 40: Statement to be prepared by local education authority

80.This section re-enacts with modifications section 18 of SIA 1996 in its application to Wales. It places a requirement on local education authorities to prepare a written statement of action they intend to take in the light of an inspection report for schools requiring special measures. New provision is made requiring a statement to be prepared where an inspection report states that a school requires significant improvement. Regulations made by the Assembly will set out the periods for preparing these written statements.

Section 41: Destination of reports: non-maintained schools

81.This section re-enacts with modifications section 20 of SIA 1996 in its application to Wales. It requires school inspection reports and summaries to be made widely available to specified persons, and sets out who must receive a copy of a report and summary and in what circumstances. In addition to all reports following an inspection under section 28 and to other reports by HMI identifying a school as requiring special measures, this section now applies to other reports by HMI identifying a school as requiring significant improvement.

Section 42: Statement to be prepared by proprietor of school

82.This section re-enacts with modifications section 21 of SIA 1996 in its application to Wales. It sets out the requirement on the proprietor to prepare a written statement of action setting out the steps he proposes to take in light of a report of any inspection under section 28, or any other inspection by HMI stating that a school requires special measures. New provision is made requiring a statement of action to be prepared after other HMI inspections where the report states that a school requires significant improvement. Regulations made by the Assembly will set out the periods for preparing these written statements and the periods for sending them to specified persons, including the Assembly.

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