Learning and Skills Act 2000

Chapter II E+W Her Majesty’s Chief Inspector of Schools in England

The Chief Inspector’s extended remit E+W

60 The extended remit. E+W

(1) The following kinds of education and training are brought within the remit of Her Majesty’s Chief Inspector of Schools in England by this Chapter—

(a) secondary education provided in institutions which are in England and within the further education sector;

(b) further education provided in the further education sector which is suitable to the requirements of those aged 16 or over but under 19 and funded wholly or partly by the Learning and Skills Council for England;

(c) further education provided by local education authorities in England for persons aged under 19;

(d) such other education or training (which may, in particular, include training of or for teachers or lecturers) as may be prescribed by regulations made by the Secretary of State.

(2) “Secondary education” and “further education” have the same meaning as they have in the M1 Education Act 1996.

Marginal Citations

M1 1996 c. 56.

Additional functions E+W

61 Additional functions of the Chief Inspector. E+W

(1) Her Majesty’s Chief Inspector of Schools in England must keep the Secretary of State informed about—

(a) the quality of the education and training brought within the Chief Inspector’s remit by this Chapter;

(b) the standards achieved by those receiving that education and training; and

(c) whether the financial resources made available to those providing it are managed efficiently and used so as to provide value for money.

(2) When asked to do so by the Secretary of State, the Chief Inspector must—

(a) give him advice on such matters, relating to education or training brought within the Chief Inspector’s remit by this Chapter, as the Secretary of State may specify;

(b) inspect such education or training, or such class of education or training, within that remit as the Secretary of State may specify;

(c) report on the result of an inspection conducted under this section.

(3) The Chief Inspector is to have such other functions in connection with education and training brought within the Chief Inspector’s remit by this Chapter, including functions with respect to the training of or for teachers or lecturers, as the Secretary of State may specify.

62 Inspection of further education institutions. E+W

(1) Her Majesty’s Chief Inspector of Schools in England must inspect all institutions within the further education sector other than those providing education or training falling wholly within the remit of the Adult Learning Inspectorate.

(2) Inspections are to be conducted at such intervals as may be specified by the Secretary of State.

(3) When the Chief Inspector has completed an inspection under this section he must make a written report.

(4) The report—

(a) must state whether the Chief Inspector considers the education or training inspected to be adequate to meet the reasonable needs of those receiving it; and

(b) may deal with such other matters as the Chief Inspector considers relevant.

(5) Copies of the report must be sent to—

(a) the Secretary of State;

(b) the Learning and Skills Council for England;

(c) the provider of the education or training inspected.

(6) Copies may also be sent to such other persons as the Chief Inspector considers appropriate.

(7) The Chief Inspector must arrange for the report to be published in such manner as he considers appropriate.

Modifications etc. (not altering text)

C1 S. 62(5)-(7) applied (1.4.2001) by S.I. 2001/799, regs. 6(4), 8(2)

63 Right of entry and offences. E+W

(1) This section applies to an inspection conducted under section 61(2)(b), 62, 65 or 68(2).

(2) When conducting an inspection, Her Majesty’s Chief Inspector of Schools in England has, at all reasonable times—

(a) a right of entry to premises on which the education or training being inspected is provided;

(b) a right of entry to premises of the provider of that education or training used in connection with that provision;

(c) a right to inspect, and take copies of, any records kept by that person, and any other documents containing information relating to the education or training, which the Chief Inspector requires for the purposes of the inspection.

(3) The right to inspect conferred by subsection (2)(c) includes the right to have access to, and to inspect and check the operation of, any computer and any associated apparatus or material which is or has been in use in connection with the records in question.

(4) That right also includes the right to require—

(a) the person by whom or on whose behalf the computer is or has been so used, or

(b) any person having charge of, or otherwise concerned with the operation of, the computer, apparatus or material,

to afford the Chief Inspector such assistance as he may reasonably require.

(5) It is an offence wilfully to obstruct the Chief Inspector in the exercise of functions in relation to an inspection.

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

Modifications etc. (not altering text)

C2 S. 63(2)-(6) applied (1.9.2005) by Children Act 2004 (Joint Area Reviews) Regulations 2005 (S.I. 2005/1973), reg. 1(1), Sch. para. 3(2)

64 Action plans. E+W

(1) This section applies if Her Majesty’s Chief Inspector of Schools in England publishes a report of an inspection conducted under section 61(2)(b), 62 or 68(2).

(2) The provider of the education or training which is the subject of the report must prepare a written statement of the action which he proposes to take in the light of the report and the period within which he proposes to take it.

(3) The person making the statement must—

(a) publish it within such period, and in such manner, as may be prescribed by regulations made by the Secretary of State; and

(b) send copies of it to such persons as may be so prescribed.

(4) The requirements of subsection (2) may be waived by the Chief Inspector.

65 Area inspections. E+W

(1) If asked to do so by the Secretary of State, Her Majesty’s Chief Inspector of Schools in England must inspect—

(a) the quality and availability of a specified description of education or training, in a specified area in England, for persons who are aged [F1 15] or over but under 19;

(b) the standards achieved by those receiving that education or training; and

(c) whether the financial resources made available to those providing that education and training are managed efficiently and used in a way which provides value for money.

(2) The Chief Inspector may, without being asked to, conduct such an inspection.

(3) If financial resources have been applied by the Learning and Skills Council for England or a local education authority in respect of education or training which is being inspected under this section, the inspection may extend to considering the manner in which those resources have been applied and whether they have been applied in a way which provides value for money.

(4) The education or training that may be made the subject of an area inspection is any education or training within—

(a) the Chief Inspector’s remit (whether as a result of this Chapter or of any other enactment); or

(b) the Adult Learning Inspectorate’s remit.

(5) If, in connection with an area inspection, the Chief Inspector asks the Chief Inspector of Adult Learning for advice on a matter relating to education or training within the Inspectorate’s remit, he must give such advice as he considers likely to be appropriate for the purposes of the inspection.

(6) If the Chief Inspector asks the Chief Inspector of Adult Learning to undertake a specified part of an area inspection, he must do so.

(7) A provider of education or training which is the subject of an area inspection must—

(a) provide the Chief Inspector with any information reasonably asked for by him in connection with the inspection;

(b) provide the Chief Inspector of Adult Learning with any information reasonably asked for by him in connection with the inspection.

(8) Any local education authority whose area, or part of whose area, is within the area which is the subject of an area inspection must provide the Chief Inspector with such information as the Chief Inspector may reasonably ask for in connection with the inspection.

(9) “Area inspection” means an inspection under this section.

[F2 (10) In subsection (1)(a) “ persons who are aged 15 ” includes persons for whom education is being provided at a school who will attain that age in the current school year; and for this purpose “ school ” and “ school year ” have the same meaning as in the Education Act 1996. ]

Textual Amendments

F1 Word in s. 65(1)(a) substituted (20.1.2003 for E.) by Education Act 2002 (c. 32), ss. 178(3)(a), 216 (with ss. 210(8), 214(4)); S.I. 2002/2952, art. 2

F2 S. 65(10) inserted (20.1.2003 for E.) by Education Act 2002 (c. 32), ss. 178(3)(b), 216(4) (with ss. 210(8), 214(4)); S.I. 2002/2952, art. 2

Modifications etc. (not altering text)

C3 S. 65(3)(5)-(8) applied (1.9.2005) by Children Act 2004 (Joint Area Reviews) Regulations 2005 (S.I. 2005/1973), reg. 1(1), Sch. para. 3(2)

C4 S. 65(8): functions transferred (E.) (1.4.2002) by Contracting Out (Local Education Authority Functions) (England) Order 2002 (S.I. 2002/928), art. 3, Sch. 3 para. (n)

66 Reports of area inspections. E+W

(1) On completing an area inspection, Her Majesty’s Chief Inspector of Schools in England must make a written report.

(2) In preparing the report the Chief Inspector must ensure that the views of the Chief Inspector of Adult Learning in relation to the subject matter of the inspection, so far as—

(a) the Chief Inspector is aware of them, and

(b) they relate to matters within the Inspectorate’s remit,

are properly recorded in the report.

(3) The Chief Inspector must send a copy of the report to—

(a) the Secretary of State,

(b) the Learning and Skills Council for England;

(c) the Adult Learning Inspectorate;

(d) each local education authority whose area, or part of whose area, falls within the area which is the subject of the inspection; and

(e) such other persons as he considers appropriate.

(4) The Chief Inspector must arrange for the report to be published in such manner as he considers appropriate.

67 Action plans following section 65 inspections. E+W

(1) This section applies if Her Majesty’s Chief Inspector of Schools in England publishes a report of an area inspection conducted under section 65.

(2) The Secretary of State may direct the Learning and Skills Council for England to prepare a written statement of the action which it proposes to take in the light of the report and the period within which it proposes to take it.

(3) The Secretary of State may direct a local education authority whose area is wholly or partly in the area covered by the report to 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.

(4) In preparing the statement the Council or the authority must consult such persons as the Secretary of State may direct.

(5) The person making the statement must—

(a) publish it within such period, and in such manner, as may be prescribed by regulations made by the Secretary of State; and

(b) send copies of it to such persons as may be so prescribed.

Modifications etc. (not altering text)

C5 S. 67(3): functions transferred (E.) (1.4.2002) by Contracting Out (Local Education Authority Functions) (England) Order 2002 (S.I. 2002/928), art. 3, Sch. 3 para. (o)

68 Further powers of the Chief Inspector. E+W

(1) Her Majesty’s Chief Inspector of Schools in England may give advice to the Secretary of State on any matter relating to education or training of a kind brought within his remit by this Chapter.

(2) The Chief Inspector may—

(a) inspect any education or training of that kind;

(b) report to the Secretary of State on any such inspection; and

(c) arrange for any such report to be published in such manner as he considers appropriate.