OpenLegislation

Regulation 3 Amendment to regulation 4I1

England and Wales

For regulation 4 (Coasting schools), substitute—

“4
(1)

A school is coastingf1 for the purposes of section 60B(1) of the Education and Inspections Act 2006 where—

(a)

the school meets the entry conditions in paragraph (2), (3), (4) or (5); and

(b)

following any inspections which cause the school to meet the entry conditions in paragraph (2), (3), (4) or (5), the school has not met the exit condition.

(2)

The entry conditions in this paragraph are that—

(a)

in a section 5 inspection, the school was awarded a grade of “needs attention” by the Chief Inspector in the evaluation area of leadership and governance; and

(b)

the Chief Inspector made a relevant assessment—

(i)

in the school’s previous section 5 inspection; or

(ii)

if the school has not had a previous section 5 inspection, in the most recent section 5 inspection of a linked school.

(3)

The entry conditions in this paragraph are that in a section 5 inspection report the Chief Inspector—

(a)

made a statement required under section 13(4)f2 or section 13(5)f3 of the Education Act 2005f4;

(b)

did not make a statement required under section 13(3)(b)f5 of the Education Act 2005; and

(c)

awarded the school—

(i)

a grade of “needs attention” in any evaluation area applicable to the school;

(ii)

if the section 5 inspection occurred on or after 2nd September 2024, a grade of “requires improvement” in the key judgement of quality of education or leadership and management; or

(iii)

if the section 5 inspection occurred before 2nd September 2024, a grade of “satisfactory” or “requires improvement” for the school’s overall effectiveness.

(4)

The entry conditions in this paragraph are that—

(a)

in a section 5 inspection that occurred on or after 2nd September 2024, the school was awarded a grade of “requires improvement” by the Chief Inspector in the key judgement of quality of education or leadership and management; and

(b)

the Chief Inspector made a relevant assessment—

(i)

in the school’s previous section 5 inspection; or

(ii)

if the school has not had a previous section 5 inspection, in the most recent section 5 inspection of a linked school.

(5)

The entry conditions in this paragraph are that—

(a)

in a section 5 inspection that occurred before 2nd September 2024, the school was awarded a grade of “requires improvement” by the Chief Inspector for overall effectiveness; and

(b)

the Chief Inspector made a relevant assessment—

(i)

in the school’s previous section 5 inspection; or

(ii)

if the school has not had a previous section 5 inspection, in the most recent section 5 inspection of a linked school.

(6)

In this regulation the exit condition is met if—

(a)

in a section 5 inspection or section 8 inspection of the school the Chief Inspector awarded none of the following grades in any evaluation area applicable to the school—

(i)

“needs attention”;

(ii)

“urgent improvement”;

(iii)

“not met”;

(b)

in a section 5 inspection that occurred on or after 2nd September 2024, the Chief Inspector awarded a grade of “outstanding” or “good” in the key judgements of quality of education and leadership and management; or

(c)

in a section 5 inspection that occurred before 2nd September 2024, the Chief Inspector awarded a grade of “outstanding” or “good” for the school’s overall effectiveness.

(7)

In this regulation a “relevant assessment” is—

(a)

a statement required under section 13(3)(b) of the Education Act 2005;

(b)

a grade of “needs attention” in the evaluation area of leadership and governance;

(c)

in a section 5 inspection that occurred on or after 2nd September 2024, a grade of “requires improvement” in the key judgement of quality of education or leadership and management; or

(d)

in a section 5 inspection that occurred before 2nd September 2024, a grade of “satisfactory” or “requires improvement” for the school’s overall effectiveness.

(8)

In this regulation a “linked school” is, in relation to a school (“School A”)—

(a)

its predecessor school;

(b)

if there are two or more predecessor schools, each predecessor school; or

(c)

if School A has only one predecessor school and that school has not had a section 5 inspection, the most recent school in a chain with School A to receive a section 5 inspection.

(9)

In paragraph (8)—

(a)

a “predecessor school” is a school that—

(i)

has been discontinued; and

(ii)

upon discontinuation was replaced by School A;

(b)

a “school in a chain with School A” means any of the schools which are part of a sequence of schools which were discontinued and replaced by another school where the last school in the sequence is School A.

(10)

In this regulation—

(a)

a “section 5 inspection” means an inspection under section 5 of the Education Act 2005f6.

(b)

a “section 8 inspection” means an inspection under section 8 of the Education Act 2005f7.”.

Annotations

Commencement

I1

Reg. 3 in force at 17.11.2025, see reg. 1(1)

Footnotes

f1

By virtue of section 2B(6) of the Academies Act 2010 (c. 32), the definition of “coasting” applies in respect of academies as it does in respect of maintained schools.

f2

A statement that the Chief Inspector is of the opinion that special measures are not required to be taken in relation to the school if, in the previous report of an inspection of the school, the Chief Inspector stated that in his opinion special measures were required to be taken in relation to the school.

f3

A statement that the Chief Inspector is of the opinion that the school does not require significant improvement and that special measures are not required to be taken in relation to the school if, in the previous report of an inspection of the school, the Chief Inspector stated that in his opinion the school required significant improvement.

f4

2005 c. 18. Section 13 has been amended by paragraph 13(2) of Schedule 2(1) to the Local Education Authorities and Children’s Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158).

f5

A statement in a section 5 inspection report that, in the opinion of the Chief Inspector, special measures are required to be taken in relation to the school or that the school requires significant improvement.

f6

2005 c. 18. Section 5 has been amended by paragraph 23 of Schedule 7(2) to the Education and Inspections Act 2006, paragraph 17 of Schedule 2 to the Academies Act 2010 (c. 32), and sections 40(2) and 41(1) of, and paragraph 15(2) of Schedule 13 to, the 2011 Act.

f7

Section 8 has been amended by paragraph 100 of Schedule 14 to the Education and Inspections Act 2006 and section 40(4) of the 2011 Act.