Education Act 1944 (repealed 1.11.1996)

77 Inspection of educational establishments. E+W

(1) In this section the expression “educational establishment” means a school, [F1 an institution within the PCFC funding sector or an institution which is maintained or assisted by a local education authority and provides higher education or further education (or both)]; and if the persons responsible for the management of any institution which is not an educational establishment within the foregoing definition request the [F2 Secretary of State] or any local education authority to cause an inspection of that institution to be made under the powers conferred by this section, the institution shall, for the purposes of that inspection, be deemed to be also included within that definition.

(2) It shall be the duty of the [F2 Secretary of State for Education and Science] to cause inspections to be made of every educational establishment at such intervals as appear to him to be appropriate, and to cause a special inspection of any such establishment to be made whenever he considers such an inspection to be desirable; and for the purpose of enabling such inspections to be made on behalf of the [F2 Secretary of State for Education and Science], inspectors may be appointed by His Majesty on the recommendation of the [F2 Secretary of State for Education and Science], and persons may be authorised by the [F2 Secretary of State for Education and Science] to assist such inspectors and to act as additional inspectors:

Provided that the [F2 Secretary of State for Education and Science] shall not be required by virtue of this subsection to cause inspections to be made of any educational establishment during any period during which he is satisfied that suitable arrangements are in force for the inspection of that establishment otherwise than in accordance with this subsection.

(3) Any local education authority may cause an inspection to be made of any educational establishment maintained by the authority, and such inspections shall be made by officers appointed by the local education authority.

(4) If any person obstructs any person authorised to make an inspection in pursuance of the provisions of this section in the execution of his duty, he shall be liable on summary conviction to a fine not exceeding [F3 level 4 on the standard scale], or, in the case of a second or subsequent conviction, to a fine not exceeding [F3 level 4 on the standard scale] or to imprisonment for a term not exceeding three months or to both such imprisonment and such fine.

(5) Subject as hereinafter provided, the religious [F4 education] given in any school maintained by a local education authority shall not be subject to inspection except by one of His Majesty’s Inspectors or by a person ordinarily employed for the purpose of inspecting secular [F4 education] either as an additional inspector appointed by the [F2 Secretary of State for Education and Science] or as an officer in the whole-time employment of a local education authority:

Provided that the religious instruction given in a voluntary school otherwise than in accordance with an agreed syllabus shall not be subject to such inspection as aforesaid, but may be inspected under arrangements made for that purpose by the . . . F5 governors of the school, or, in the case of a controlled school, by the . . . F5 foundation governors thereof so, however, that such inspections shall not be made on more than two days in any year and not less than fourteen days’ notice of the dates fixed therefor shall be given to the local education authority.

(6) No pupil who has been excused from attendance at religious worship or [F6 receiving religious education in a voluntary school in accordance with section 9 of the Education Reform Act 1988] shall be required to attend the school on a day fixed for an inspection by arrangements made under the proviso to the last foregoing subsection.

Textual Amendments

F1 Words substituted by Education Reform Act 1988 (c. 40, SIF 41:1), ss. 231(7), 235(6), 237(1), Sch. 12 para. 57

F2 Words substituted by virtue of S.I. 1964/490, art. 3(2)(a)

F3 Words substituted by virtue of Criminal Law Act (c. 45, SIF 39:1) and of Criminal Justice Act 1982 (c. 48, SIF 39:1), ss. 39(1), 46, Sch.3

F4 Word substituted by Education Reform Act 1988 (c. 40, SIF 41:1), ss. 9, 231(7), 235(6), Sch. 1 para. 5(a)

F5 Words repealed by Education Act 1980 (c. 20, SIF 41:1), s. 1(3), Sch. 1 para. 11

F6 Words substituted by Education Reform Act 1988 (c. 40, SIF 41:1), ss. 9, 231(7), 235(6), 237(1), Sch. 1 para. 5(b)

Modifications etc. (not altering text)

C1 Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 35 (in relation to liability on first and subsequent convictions) applies