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Part IE+W School Inspections

Chapter IIE+W PROCEDURE FOR INSPECTIONS UNDER CHAPTER I

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

16 Destination of reports.E+W

(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 F1. . .; and

(b)if in the case of [F2a community, foundation or voluntary or community or foundation special school] [F3or maintained nursery 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 [F4a community, foundation or voluntary or community or foundation special school] [F5or maintained nursery school] , to whichever of the local education authority and the governing body are not the appropriate authority;F6. . .

(d)in the case of a school having foundation governors, to the person who appoints them and (if different) to the appropriate appointing authority [F7and

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

F8(e). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F8(f). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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 [F9within such period following receipt of the report by the authority as may be prescribed].

[F10(5)Subsection (6) applies to a report of an inspection of a school falling within section 11(2) if—

(a)the inspection was a section 10 inspection or was carried out by a member of the Inspectorate, and

(b)the school provides full-time education suitable to the requirements of pupils over compulsory school age.

F10(6)The person making the report shall send a copy (together with a copy of the summary, if there is one) to—

(a)the Learning and Skills Council for England, if the school is in England, or

(b)the National Council for Education and Training for Wales, if the school is in Wales.]

Textual Amendments

F1Words in s. 16(1)(a) repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 194(2)(a), Sch. 31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1

F2Words in s. 16(1)(b) substituted (1.9.1999) by 1998 c. 31, s. 140(1), Sch. 30 para. 194(2)(b) (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1

F3Words in s. 16(1)(b) inserted (1.9.2003 for E., 31.10.2005 for W.) by Education Act 2002 (c. 32), s. 216(4), Sch. 21 para. 62 (with ss. 210(8), 214(4)); S.I. 2003/1667, art. 4; S.I. 2005/2910, art. 4, Sch.

F4Words in s. 16(3)(c) substituted (1.9.1999) by 1998 c. 31, s. 140(1), Sch. 30 para. 194(3)(a)(i) (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1

F5Words in s. 16(3)(c) inserted (1.9.2003 for E., 31.10.2005 for W.) by Education Act 2002 (c. 32), s. 216(4), Sch. 21 para. 62 (with ss. 210(8), 214(4)); S.I. 2003/1667, art. 4; S.I. 2005/2910, art. 4, Sch.

F6Word in s. 16(3)(c) repealed (1.10.2002 for E., 19.12.2002 for W.) by Education Act 2002 (c. 32), s. 216(4), Sch. 22 Pt 3; S.I. 2002/2439, art. 3(with ss. 210(8), 214(4)); S.I. 2002/3185, art. 4

F7S. 16(3)(da) and preceding word inserted (1.10.2002 for E., 19.12.2002 for W.) by Education Act 2002 (c. 32), ss. 188, 216(4), Sch. 16 para. 7 (with ss. 210(8), 214(4)); S.I. 2002/2439, art. 3; S.I. 2002/3185, art. 4, Sch. Pt. I

F9Words in s. 16(4)(c) substituted (1.9.1997) by 1997 c. 44, s. 42, Sch. 6 para. 7; S.I. 1997/1468, arts. 2,4, Sch. 1 Pt. II, Sch. 2 Pt. I (subject to transitional provisions and savings in Sch. 2 Pt. I)

F10S. 16(5)(6) inserted (28.7.2000 for specified purposes, 1.4.2001 in so far as not already in force) by 2000 c. 21, s. 149, Sch. 9 para. 68; S.I. 2001/654, art. 2, Sch. Pt. II; S.I. 2001/1274, art. 2(1), Sch. Pt. I

Modifications etc. (not altering text)

C1S. 16 functions of a local education authority made exercisable (1.4.2002) by authorised persons (E.) by (Contracting Out (Local Education Authority Functions) (England) Order 2002 (S.I. 2002/928), art. 3, {Sch. 3 para. (a)}

C2S. 16(3)(4) applied (with modifications) (1.10.2000 for specified purposes, 1.4.2001 in so far as not already in force (E.), 1.4.2002 in so far as not already in force (W.)) by 2000 c. 21, s. 113(1), Sch. 7 paras. 6(3)(a)(b)(4), 13(3)(a)(b); S.I. 2000/2559, art. 2(1), Sch. Pt. I; S.I. 2001/654, art. 2, Sch. Pt. II; S.I. 2001/2705, art. 2(1), Sch. Pt. I