Education Act 2005

InspectionsE+W

5Duty to inspect certain schools at prescribed intervalsE+W

(1)It is the duty of the Chief Inspector—

(a)to inspect under this section every school in England to which this section applies, at such intervals as may be prescribed, and

(b)when the inspection has been completed, to make a report of the inspection in writing.

(2)Subject to subsection (3), the schools to which this section applies are—

(a)community, foundation and voluntary schools,

(b)community and foundation special schools,

(c)maintained nursery schools,

(d)Academies,

(e)city technology colleges,

(f)city colleges for the technology of the arts, and

(g)special schools which are not community or foundation special schools but are for the time being approved by the Secretary of State under section 342 of the Education Act 1996 (c. 56) (approval of special schools).

(3)This section does not apply to any school—

(a)which is a closing school (as defined by subsection (4)), and

(b)in respect of which the Chief Inspector has decided, having regard to the date on which the closure is to take effect, that no useful purpose would be served by the school being inspected under this section.

(4)In subsection (3)(a)a “closing school” means—

(a)any community, foundation or voluntary school, community or foundation special school or maintained nursery school in respect of which proposals to discontinue the school have been approved, adopted or determined under any enactment,

(b)a foundation or voluntary school in respect of which the governing body have given notice of discontinuance under section 30 of the School Standards and Framework Act 1998 (c. 31),

(c)a community, foundation or voluntary or community or foundation special school in respect of which the Secretary of State has given a direction to discontinue the school under section 19 or 32 of that Act,

(d)a city technology college, city college for the technology of the arts or Academy in respect of which notice of termination of an agreement made under section 482 of the Education Act 1996 has been given, or

(e)a special school which is not a community or foundation special school but is for the time being approved by the Secretary of State under section 342 of the Education Act 1996 and which the proprietor has decided to close.

(5)It is the general duty of the Chief Inspector, when conducting an inspection under this section, to report on—

(a)the quality of the education provided in the school,

(b)how far the education provided in the school meets the needs of the range of pupils at the school,

(c)the educational standards achieved in the school,

(d)the quality of the leadership in and management of the school, including whether the financial resources made available to the school are managed effectively,

(e)the spiritual, moral, social and cultural development of the pupils at the school, and

(f)the contribution made by the school to the well-being of those pupils.

(6)Subsection (1) has effect subject to section 9.

(7)An inspection which is required under this section must not extend to—

(a)denominational education, or

(b)the content of collective worship which falls to be inspected under section 48.

6Duty to notify parents of section 5 inspectionE+W

(1)If the appropriate authority for a school to which section 5 applies is notified by, or under arrangements made by, the Chief Inspector that the Chief Inspector is proposing to inspect the school under that section, the appropriate authority must take such steps as are reasonably practicable to notify—

(a)the registered parents of registered pupils at the school, and

(b)such other persons as may be prescribed,

of the time when the inspection is to take place.

(2)Any notification given under subsection (1)(a) must include a statement, in a form approved by the Chief Inspector, inviting the registered parents of registered pupils to inform the Chief Inspector of their views on matters relating to the school.

(3)In subsection (1) “appropriate authority” means—

(a)in relation to a community, foundation or voluntary school, a community or foundation special school or a maintained nursery school, the school's governing body or, if the school does not have a delegated budget, the local education authority, and

(b)in relation to a school falling within any of paragraphs (d) to (g) of section 5(2), the proprietor of the school.

7Duty to have regard to views of certain personsE+W

In conducting an inspection of a school under section 5, the matters to which the Chief Inspector must have regard include any views expressed to him by any of the following persons—

(a)the head teacher,

(b)in the case of a maintained school, the governing body,

(c)in the case of any other school, the proprietor of the school,

(d)any person prescribed for the purposes of section 6(1)(b),

(e)members of the staff of the school,

(f)registered pupils at the school, and

(g)the registered parents of registered pupils.

8Inspection at discretion of Chief InspectorE+W

The Chief Inspector may inspect any school in England, in circumstances where he is not required by section 2(2)(b) or 5 to do so.

9Power of Chief Inspector to treat other inspection as section 5 inspectionE+W

If the Chief Inspector so elects in the case of any inspection under section 2(2)(b) or 8 of a school to which section 5 applies, that inspection is to be treated for the purposes of section 5(1) and of Chapter 2 as if it were an inspection under section 5.

10Power of entry etc. for purposes of inspection under section 5 or 8E+W

(1)When inspecting a school under section 5 or 8, the Chief Inspector has at all reasonable times—

(a)a right of entry to the premises of the school,

(b)a right of entry to any other premises on which, by virtue of arrangements made by the school, any pupils who—

(i)are registered at the school, and

(ii)have attained the age of 15, or will attain that age in the current school year, but have not ceased to be of compulsory school age,

are receiving part of their education from any person (“the provider”),

(c)a right of entry to any premises of the provider used in connection with the provision by him of that education,

(d)a right to inspect, and take copies of, any records kept by the school, and any other documents containing information relating to the school, which he considers relevant to the discharge of his functions, and

(e)a right to inspect and take copies of—

(i)any records kept by the provider relating to the provision of education for pupils registered at the school, and

(ii)any other documents containing information relating to the provision of such education by the provider,

which the Chief Inspector considers relevant to the discharge of his functions.

(2)It is an offence intentionally to obstruct the Chief Inspector in relation to the inspection of a school for the purposes of section 5 or 8.

(3)A person guilty of an offence under subsection (2) is liable on summary conviction to a fine not exceeding level 4 on the standard scale.