Learning and Skills Act 2000

Part I Power to publish proposals

Secondary schools

1 (1) Paragraphs 2 to 7 apply to a maintained school (within the meaning given by section 20(7) of the [1998 c. 31.] School Standards and Framework Act 1998) which—

(a) provides full-time education suitable to the requirements of pupils over compulsory school age, and

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

(2) For the purposes of those paragraphs a school has an inadequate sixth-form if—

(a) the school is failing or likely to fail to give pupils over compulsory school-age an acceptable standard of education, or

(b) the school has significant weaknesses in one or more areas of its activities for pupils over compulsory school age.

2 If a person who inspects a school—

(a) states in his report an opinion, in accordance with section 13(8) or 14(2) or (4) of the [1996 c. 57.] School Inspections Act 1996 (school no longer requiring special measures), that special measures are not required in relation to the school, but

(b) is of the opinion that the school has an inadequate sixth-form,

he shall state that opinion in his report.

3 (1) This paragraph applies if in the course of an area inspection under section 65 or 83 the Chief Inspector forms the opinion that a particular school has an inadequate sixth-form.

(2) The Chief Inspector shall make a report about the school stating his opinion.

(3) The report shall be treated for all purposes of this Schedule and the [1996 c. 57.] School Inspections Act 1996 as if it were the report of an inspection of a school under section 10 of that Act.

4 (1) Parts II and III of this Schedule shall apply in relation to a school if—

(a) an opinion that it has an inadequate sixth-form is stated in a report in accordance with paragraph 2, and

(b) where the person making the report is not a member of the Inspectorate, the report also states that the Chief Inspector agrees with his opinion.

(2) Parts II and III of this Schedule shall also apply in relation to a school if—

(a) a report of an inspection under Part I of the [1996 c. 57.] School Inspections Act 1996 states the opinion that the school has an inadequate sixth-form,

(b) the next report of a kind mentioned in paragraph (a) also states that opinion,

(c) each report either results from an inspection by a member of the Inspectorate or states that the Chief Inspector agrees with the opinion mentioned in paragraph (a) or (b), and

(d) neither report states the opinion that special measures are required to be taken in relation to the school.

5 (1) Parts II and III of this Schedule shall cease to apply in relation to a school if a report of an inspection under Part I of the [1996 c. 57.] School Inspections Act 1996 or section 65 or 83 of this Act concludes—

(a) that special measures are required to be taken in relation to the school, or

(b) that the school does not have an inadequate sixth-form.

(2) Where the person making a report is not a member of the Inspectorate, sub-paragraph (1) shall not apply unless the report states that the Chief Inspector agrees with the conclusion mentioned in that sub-paragraph.

(3) Sub-paragraph (1) shall not prevent the continued application of Parts II and III of this Schedule in a case where proposals have been published under paragraph 16 or 20.

6 (1) This paragraph applies to a report of an inspection under Part I of the [1996 c. 57.] School Inspections Act 1996 which—

(a) states an opinion that a school has an inadequate sixth-form, and

(b) is made by a member of the Inspectorate or states that the Chief Inspector agrees with the opinion mentioned in paragraph (a).

(2) The person making a report to which this paragraph applies shall send a copy (together with a copy of the summary, if there is one)—

(a) to the Secretary of State or, in the case of a school in Wales, the National Assembly for Wales, and

(b) if the person making the report is a member of the Inspectorate, to the appropriate authority for the school.

(3) The following provisions of the [1996 c. 57.] School Inspections Act 1996 shall apply (with the necessary modifications) in relation to a report to which this paragraph applies—

(a) section 16(3) (additional copies);

(b) section 16(4) (publication by appropriate authority);

(c) section 17 (action plan by appropriate authority);

(d) where the local education authority receives a copy of a report about a school the governing body of which have a delegated budget, section 18(2) and (3) (measures by local education authority).

(4) In the application of those provisions—

(a) a reference to a report and summary shall be taken as a reference to a report and, if there is one, its summary, and

(b) a reference to a summary alone shall be taken, in a case where there is no summary, as a reference to the report.

7 Section 13(2) to (7) of the [1996 c. 57.] School Inspections Act 1996 (inspections by registered inspectors) shall apply, with the necessary modifications, where the inspector is of the opinion that a school has an inadequate sixth-form as it applies where he is of the opinion that special measures are required to be taken in relation to a school.

Institutions for 16-19 year olds

8 Paragraphs 9 to 14 apply to a maintained school (within the meaning given by section 20(7) of the [1998 c. 31.] School Standards and Framework Act 1998) which—

(a) provides full-time education suitable to the requirements of pupils over compulsory school age, and

(b) does not provide full-time education suitable to the requirements of pupils of compulsory school age.

9 If a person who inspects a school—

(a) states in his report an opinion, in accordance with section 13(8) or 14(2) or (4) of the [1996 c. 57.] School Inspections Act 1996 (school no longer requiring special measures), that special measures are not required in relation to the school, but

(b) is of the opinion that the school has significant weaknesses in one or more areas of its activities,

he shall state that opinion in his report.

10 (1) This paragraph applies if in the course of an area inspection under section 65 or 83 the Chief Inspector forms the opinion that—

(a) special measures are required to be taken in relation to a particular school, or

(b) that a particular school has significant weaknesses in one or more areas of its activities.

(2) The Chief Inspector shall make a report about the school stating his opinion.

(3) The report shall be treated for all purposes of this Schedule and the [1996 c. 57.] School Inspections Act 1996 as if it were the report of an inspection of a school under section 10 of that Act.

11 (1) Parts II and III of this Schedule shall apply in relation to a school if—

(a) an opinion that it has significant weaknesses in one or more areas of its activities is stated in a report in accordance with paragraph 9, and

(b) where the person making the report is not a member of the Inspectorate, the report also states that the Chief Inspector agrees with his opinion.

(2) Parts II and III of this Schedule shall also apply in relation to a school if—

(a) a report of an inspection under Part I of the [1996 c. 57.] School Inspections Act 1996 states that special measures are required to be taken in relation to the school or that the school has significant weaknesses in one or more areas of its activities,

(b) the next report of a kind mentioned in paragraph (a) also states an opinion of a kind mentioned in that paragraph, and

(c) each report either results from an inspection by a member of the Inspectorate or states that the Chief Inspector agrees with the opinion mentioned in paragraph (a) or (b).

12 (1) Parts II and III of this Schedule shall cease to apply in relation to a school if a report of an inspection under Part I of the [1996 c. 57.] School Inspections Act 1996 or section 65 or 83 of this Act states—

(a) that special measures are not required to be taken in relation to the school, or

(b) that the school does not have significant weaknesses in one or more areas of its activities.

(2) Where the person making a report is not a member of the Inspectorate, sub-paragraph (1) shall not apply unless the report states that the Chief Inspector agrees with the conclusion mentioned in that sub-paragraph.

(3) Sub-paragraph (1) shall not prevent the continued application of Parts II and III of this Schedule in a case where proposals have been published under paragraph 24 or 28.

13 (1) This paragraph applies to a report of an inspection under Part I of the [1996 c. 57.] School Inspections Act 1996 which—

(a) states an opinion that a school has significant weaknesses in one or more areas of its activities, and

(b) is made by a member of the Inspectorate or states that the Chief Inspector agrees with the opinion mentioned in paragraph (a).

(2) The person making a report to which this paragraph applies shall send a copy (together with a copy of the summary, if there is one)—

(a) to the Secretary of State or, in the case of a school in Wales, the National Assembly for Wales, and

(b) if the person making the report is a member of the Inspectorate, to the appropriate authority for the school.

(3) The following provisions of the [1996 c. 57.] School Inspections Act 1996 shall apply (with the necessary modifications) in relation to a report to which this paragraph applies—

(a) section 16(3) (additional copies);

(b) section 16(4) (publication by appropriate authority);

(c) section 17 (action plan by appropriate authority);

(d) where the local education authority receives a copy of a report about a school the governing body of which have a delegated budget, section 18(2) and (3) (measures by local education authority).

(4) In the application of those provisions—

(a) a reference to a report and summary shall be taken as a reference to a report and, if there is one, its summary, and

(b) a reference to a summary alone shall be taken, in a case where there is no summary, as a reference to the report.

14 Section 13(2) to (7) of the [1996 c. 57.] School Inspections Act 1996 (inspections by registered inspectors) shall apply, with the necessary modifications, where the inspector is of the opinion that a school has significant weaknesses in one or more areas of its activities as it applies where he is of the opinion that special measures are required to be taken in relation to a school.