Section 13 Duties of Chief Inspector where school causes or has caused concern

C1(1)

If, on completion of a section 5 inspection of a school, the Chief Inspector is of the opinion—

(a)

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

(b)

that the school requires significant improvement,

he must comply with subsections (2) and (3).

(2)

The Chief Inspector must—

(a)

send a draft of the report of the inspection—

(i)

in the case of a maintained school, to the governing body, and

(ii)

in the case of any other school, to the proprietor of the school, and

(b)

consider any comments on the draft that are made to him within the prescribed period by the governing body or proprietor, as the case may be.

(3)

If, after complying with subsection (2), the Chief Inspector is of the opinion that the case falls within paragraph (a) or (b) of subsection (1)—

(a)

he must without delay give a notice in writing, stating that the case falls within paragraph (a) or (b) of subsection (1)—

(i)

to the Secretary of State,

(ii)

in the case of a maintained school, to the F1local authority, and

(iii)

in the case of any other school, to the proprietor of the school, and

(b)

he must state his opinion in the report of the inspection.

(4)

If a report of a section 5 inspection is made in circumstances where—

(a)

in the latest 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, but

(b)

the Chief Inspector is of the opinion that special measures are not required to be taken in relation to the school,

he must state his opinion in the report (whether or not he is required by subsection (3)(b) also to state the opinion that the school requires significant improvement).

(5)

If a report of a section 5 inspection is made in circumstances where—

(a)

in the latest report of an inspection of the school, the Chief Inspector stated that in his opinion the school required significant improvement, but

(b)

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,

he must state his opinion in the report.

Annotations

Textual amendments

F1: Words in Act substituted (5.5.2010) by The Local Education Authorities and Children’s Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), Sch. 2 para. 13(2)

Modifications

C1: S. 13(1)-(3) applied (with modifications) (1.9.2005 for E. and 1.9.2006 for W.) by 2000 c. 21, Sch. 7 para. 7 (as substituted by Education Act 2005 (c. 18), ss. 46, 125, Sch. 5 para. 3(9)); S.I. 2005/2034, art. 4; S.I. 2006/1338, art. 3, Sch. 1

Notes on Part 1

Modifications

C1: Pt. 1 applied in part (with modifications) (1.2.2008) by Education (Pupil Referral Units) (Application of Enactments)(England) Regulations 2007 (S.I. 2007/2979), reg. 1(1), Sch. 1 para. 21
C2: Pt. 1 applied (1.4.2010) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), ss. 137(3), 269(4); S.I. 2010/1151, art. 2, Sch. 1 (with arts. 5-20)
C3: Pt. 1 applied in part (with modifications) (E.) (1.2.2008) by The Education (Pupil Referral Units) (Application of Enactments) (England) Regulations 2007 (S.I. 2007/2979), reg. 1(1), reg. 3, Sch. 1 para. 21
C4: Pt. 1 applied (with modifications) (W.) (23.4.2007) by The Education (Pupil Referral Units) (Application of Enactments) (Wales) Regulations 2007(S.I. 2007/1069), reg. 3, {Sch. 1 para. 11}
C5: Pt. 1 applied (with modifications) (E.) (1.9.2005) by The Education (Pupil Referral Units) (Application of Enactments) (England) Regulations 2005 (S.I. 2005/2039), reg. 3, Sch. 1 para. 11

Notes on Chapter 2

Modifications

C1: Pt. 1 applied (1.4.2010) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), ss. 137(3), 269(4); S.I. 2010/1151, art. 2, Sch. 1 (with arts. 5-20)