Education Act 2005 (c. 18)

Part 1 E+W School inspections and other inspections by school inspectors

Modifications etc. (not altering text)

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

Chapter 4 E+W Procedure for inspections under Chapter 3

Inspections and reports: all schools E+W

34 Section 28 inspections by registered inspectors E+W

(1) Where a section 28 inspection was conducted by a registered inspector and he 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 submit a draft of the report of the inspection to the Chief Inspector.

(2) If the Chief Inspector so requests, an inspector who has submitted a draft under subsection (1) must provide the Chief Inspector with such further information as the Chief Inspector may specify.

(3) The Chief Inspector must inform an inspector who has submitted a draft under subsection (1) whether he agrees or disagrees with the inspector's opinion.

(4) Where—

(a) the Chief Inspector informs the inspector that he disagrees with the inspector's opinion, but

(b) the inspector remains of the opinion that special measures are required to be taken in relation to the school or that the school requires significant improvement,

the inspector may not make a report stating that opinion unless the terms in which he makes the report are substantially the same (except as to the statement required by subsection (6)(b)) as the draft or as a subsequent draft submitted to the Chief Inspector under this subsection.

(5) Where a subsequent draft is submitted under subsection (4), the Chief Inspector must inform the inspector whether he agrees or disagrees with the inspector's opinion.

(6) A report made by a registered inspector who is of the opinion that special measures are required to be taken in relation to the school or that the school requires significant improvement must—

(a) state his opinion, and

(b) state whether the Chief Inspector agrees or disagrees with his opinion.

(7) If a report of an inspection of a school by a registered inspector is made in circumstances where—

(a) he is of the opinion that special measures are not required to be taken in relation to the school, but

(b) in the latest report of an inspection of the school the person making the report stated that in his opinion such measures were required to be taken and either—

(i) that person was a member of the Inspectorate, or

(ii) the report stated that the Chief Inspector agreed with his opinion,

the registered inspector must state his opinion in the report (whether or not he is required by subsection (6) also to state the opinion that the school requires significant improvement).

(8) If a report of an inspection of a school by a registered inspector is made in circumstances where—

(a) he 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, but

(b) in the latest report of an inspection of the school the person making the report stated that in his opinion the school did require significant improvement and either—

(i) that person was a member of the Inspectorate, or

(ii) the report stated that the Chief Inspector agreed with his opinion,

the registered inspector must state his opinion in the report.

Modifications etc. (not altering text)

C6 S. 34(1)-(6) applied (with modifications) (1.9.2006 for W.) by 2000 c. 21 Sch. 7 para. 7(2)(b) (as substituted by Education Act 2005 (c. 18), ss. 46, 125, Sch. 5 para. 3(9)); S.I. 2006/1338, art. 3, Sch. 1