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Part ISchool Inspections

Chapter IIProcedure for inspections under Chapter I

Destination of reports and special measures: schools within s. 11(2)

16Destination of reports

(1)In the case of a report of a section 10 inspection of a school falling within section 11(2), the person making the report shall without delay—

(a)send a copy of the report together with the summary of it to the appropriate authority for the school and, if it is a grant-maintained or grant-maintained special school, to the Secretary of State; and

(b)if in the case of a county, voluntary or maintained special school the report states that the person making it is of the opinion that special measures are required to be taken in relation to the school, and either—

(i)that person is a member of the Inspectorate, or

(ii)the report states that the Chief Inspector agrees with his opinion,

send a copy of the report and summary to the Secretary of State.

(2)In a case where—

(a)a report of an inspection of a school falling within section 11(2) is made by a member of the Inspectorate, and

(b)he is required by section 14(1)(b) to state in the report that he is of the opinion that special measures are required to be taken in relation to the school,

the member of the Inspectorate shall send a copy of the report together with the summary of it to the appropriate authority for the school and the Secretary of State.

(3)In any case, copies of the report and summary referred to in subsection (1) or (2) shall be sent by the person who made the report—

(a)to the Chief Inspector (unless the report was made by a member of the Inspectorate);

(b)to the head teacher of the school;

(c)in the case of a county, voluntary or maintained special school, to whichever of the local education authority and the governing body are not the appropriate authority;

(d)in the case of a school having foundation governors, to the person who appoints them and (if different) to the appropriate appointing authority;

(e)to any person named as a sponsor of the school in the instrument of government; and

(f)in the case of any school in a group of grant-maintained schools in respect of which any person has power to appoint an externally appointed core governor under a provision of the instrument of government made in pursuance of Schedule 25 to the [1996 c. 56.] Education Act 1996 (core governors for groups), to that person.

(4)The appropriate authority shall—

(a)make a copy of any report and summary sent to the authority under subsection (1) or (2) available for inspection by members of the public at such times and at such place as may be reasonable;

(b)provide a copy of the report and summary, free of charge or in prescribed cases on payment of such fee as they think fit (not exceeding the cost of supply), to any person who asks for one; and

(c)take such steps as are reasonably practicable to secure that every registered parent of a registered pupil at the school receives a copy of the summary as soon as is reasonably practicable.

17Special measures by appropriate authority

(1)Where there is sent to the appropriate authority for a school falling within section 11(2) either—

(a)a report of a section 10 inspection of the school, or

(b)a report of an inspection of the school by a member of the Inspectorate in which that person is required by section 14(1)(b) to state that he is of the opinion that special measures are required to be taken in relation to the school,

the appropriate authority 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.

(2)It is the duty of the appropriate authority to prepare the statement within the period allowed by this subsection, that is—

(a)such period as may be prescribed, or

(b)if—

(i)the report states that the person making it is of the opinion that special measures are required to be taken in relation to the school, and

(ii)either that person is a member of the Inspectorate or the report states that the Chief Inspector agrees with his opinion, and

(iii)the Secretary of State is of the opinion that the urgency of the case requires a shorter period,

such shorter period as the Secretary of State may direct;

but this subsection does not relieve the appropriate authority of any duty to prepare a statement which has not been performed within that period.

(3)Where such a statement has been prepared by the appropriate authority they shall, before the end of the prescribed period, send copies of it—

(a)to the Chief Inspector;

(b)in the case of a county, voluntary or maintained special school, to whichever of the governing body and the local education authority are not the appropriate authority;

(c)in the case of a grant-maintained or grant-maintained special school, to the Secretary of State; and

(d)in such circumstances as may be prescribed, to such other persons (if any) as may be prescribed.

(4)If in the case of a county, voluntary or maintained special school—

(a)the statement is prepared in response to a report of an inspection of the school in which the person who made the report states that in his opinion special measures are required to be taken in relation to the school, and

(b)either that person is a member of the Inspectorate or the report states that the Chief Inspector agrees with his opinion,

the appropriate authority shall, before the end of the prescribed period, send a copy of the statement to the Secretary of State.

(5)The appropriate authority shall also send a copy of the statement—

(a)in the case of a school having foundation governors, to the person who appoints them and (if different) to the appropriate appointing authority;

(b)to any person named as a sponsor of the school in the instrument of government; and

(c)in the case of any school in a group of grant-maintained schools in respect of which any person has power to appoint an externally appointed core governor under a provision of the instrument of government made in pursuance of Schedule 25 to the [1996 c. 56.] Education Act 1996 (core governors for groups), to that person.

(6)The appropriate authority shall—

(a)make any statement prepared by them under this section available for inspection by members of the public, at such times and at such place as may be reasonable;

(b)provide a copy of the statement, free of charge or in prescribed cases on payment of such fee as they think fit (not exceeding the cost of supply); and

(c)take such steps as are reasonably practicable to secure that every registered parent of a registered pupil at the school receives a copy of the statement as soon as is reasonably practicable.

(7)Where the governing body of a school have prepared a statement under this section, they shall in the report referred to in—

(a)section 161 of the [1996 c. 56.] Education Act 1996 (governors' report in case of county, voluntary or maintained special school), or

(b)paragraph 7 of Schedule 23 to that Act (governors' report for grant-maintained school),

as the case may be, state the extent to which the proposals set out in the statement (or if there is more than one, the most recent statement) have been carried into effect.

18Additional special measures by local education authority

(1)This section applies in circumstances where—

(a)in a report of an inspection of a county, voluntary or maintained special school the governing body of which have a delegated budget, the person who made the report stated that in his opinion special measures were required to be taken in relation to the school; and

(b)either that person was a member of the Inspectorate or the report stated that the Chief Inspector agreed with his opinion; and

(c)either—

(i)the local education authority have received a copy of a statement prepared under section 17 in response to the report, or

(ii)the period prescribed for the purposes of subsection (3) of that section has expired.

(2)The local education authority shall—

(a)prepare a written statement of any action they propose to take in the light of the report, and the period within which they propose to take such action, or, if they do not propose to take any such action, of their reasons for not doing so, and

(b)send a copy of the statement prepared under paragraph (a) above, together with their comments on any statement prepared under section 17 of which they have received a copy, to the Secretary of State and the Chief Inspector and, in the case of an aided or special agreement school—

(i)to the person who appoints the foundation governors, and

(ii)(if different) to the appropriate appointing authority.

(3)It is the duty of the local education authority to prepare the statement within the period allowed by this subsection, that is—

(a)such period as may be prescribed, or

(b)if the Secretary of State is of the opinion that the urgency of the case requires a shorter period, such shorter period as the Secretary of State may direct;

but this subsection does not relieve the local education authority of any duty to prepare a statement which has not been performed within that period.

19Monitoring special measures and further inspections

(1)This section applies in circumstances where—

(a)in a report of an inspection of a school falling within section 11(2) the person who made it stated that in his opinion special measures were required to be taken in relation to the school; and

(b)either that person was a member of the Inspectorate or the report stated that the Chief Inspector agreed with his opinion; and

(c)either—

(i)a statement has been prepared under section 17, or

(ii)the period prescribed for the purposes of subsection (3) of that section has expired; and

(d)if any registered inspector or member of the Inspectorate has made a later report of an inspection of the school, he did not state in the report that in his opinion special measures were not required to be taken in relation to the school.

(2)Regulations may make provision with a view to securing that any measures taken by—

(a)the appropriate authority, and

(b)in the case of a school which has a delegated budget, the local education authority,

for improving the standard of education at the school are monitored in accordance with the regulations by such persons as may be prescribed.

(3)The regulations may, in particular, provide for reports to be made by such persons and at such intervals as may be prescribed.

(4)The regulations may authorise the Secretary of State to require the Chief Inspector to conduct further inspections of the school and prepare further reports of such inspections.

(5)In respect of cases where—

(a)any report prepared in pursuance of a requirement imposed by virtue of subsection (4) states that, in the opinion of the person who prepared it, special measures are required to be taken in relation to the school concerned, but the grounds for that opinion are substantially different from the grounds for the opinion in any preceding report by a registered inspector or member of the Inspectorate, or

(b)any report prepared in pursuance of any such requirement states that, in the opinion of the person who prepared it, special measures are not required to be taken in relation to the school concerned,

the regulations may make provision corresponding to any of the provisions of this Chapter so far as it has effect in relation to schools falling within section 11(2).