Katie Paxton-Doggett studies the effects of the Education Act on school inspections and a host of other issues

The Education Act received royal assent on 7 April 2005. Part 1 repeals the School Inspections Act 1996 and re-enacts many of the provisions in a significantly changed form.


It aims to reform school inspections in England by introducing more regular, lighter- touch inspections. As well as the requirement that schools be inspected at prescribed intervals, the chief inspector has the discretion to inspect schools where he may have cause for concern or for a range of purposes, including monitoring visits to schools in special measures. The National Assembly for Wales is given the power to introduce such reforms in the future. The categorisation of schools causing concern is revised and a designation 'requiring significant improvement' introduced. The existing special measures category is revised - schools will no longer be regarded as requiring special measures merely because they are 'likely to fail', but only where the school is failing to provide an acceptable standard of education, and the capacity to secure the necessary improvement is not demonstrated. Where a non-maintained school requires special measures or significant improvement, the proprietor must prepare a statement of the action he proposes to take and the time-scale for this (see section 17).


The inspection of early-years' provision through child-minding, day care for children and nursery education is aligned with school inspections (section 53). The chief inspector must keep the Secretary of State for Education informed about the quality and standards of child-minding and day care, as well as how far it meets the needs of the children cared for, the quality of the leadership and management, and the contribution made to the wellbeing of the children.


In Wales, the Act provides for the inspection of careers services, so bringing it into line with the system of inspection of other education and training within the chief inspector's remit (section 55).



Part 2 deals with school organisation. Previously, local education authorities were required to invite proposals for new schools in circumstances where there was a need for an additional secondary school. This Act extends this to all circum-stances where statutory proposals are needed to establish a new or replacement secondary school.


Section 70 provides that the local education authority in England or Wales, or the governing body of a voluntary or foundation school, must have regard to certain matters when formulating proposals for the discontinuance of a rural primary school. These include the effect on the local community, transport implications, and alternatives to discontinuance. Prior to publication of such proposals, consultation should take place with any registered parents and any district, parish and community councils in the area.


Part 3 of the Act broadens the objectives of the Teacher Training Agency to encompass the whole school workforce. Section 74 renames the agency as the Training and Development Agency for Schools to reflect this new role. The agency's objectives include encouraging suitable adults to take up careers in teaching and other parts of the school workforce, improving the means by which they may do so, and generally contributing to raising the standards of teaching and other activities. Sections 78 to 80 set out the powers of the agency to provide financial support to any person as it thinks fit in furtherance of its objectives.


Currently, local education authorities set a 'schools' budget' and a 'LEA budget' annually for the forthcoming financial year, as well as calculating annually the budget shares of schools. Part 4 of the Act introduces arrange-ments based on a ring-fenced grant made available by the secretary of state. Maintained schools will be able to adjust their accounting period from financial year to academic year. The Act also provides that regulations can require a local authority in England to set their schools' budget for a funding period of up to 48 months, thereby resulting in a guaranteed three-year budget for schools.


Previously, schools' forums have only had an advisory role in relation to authorities' school funding arrangements. The Act provides that the secretary of state may delegate powers to forums, enabling them to agree proposals from local education authorities for variations in central expenditure limits as part of the local setting of school budgets. Although the provisions relating to the funding of maintained schools are currently limited to England, the Act allows for the Welsh assembly to enact similar provisions.


Under section 102, the secretary of state can make regulations requiring local education authorities to set annual targets for pupil performance. Targets will be set and submitted by a certain date each year.


Maintained schools will no longer be required to produce an annual governors' report and for the governing body to hold an annual parents' meeting. Although section 103 applies only to England, sub-section (3) confers on the Welsh assembly the power to repeal the requirements for an annual report and/or meeting.


Section 102 inserts a provision into the Education Act 2002, requiring the governing bodies of maintained schools in England to prepare and publish a school profile. The secretary of state can make regulations prescribing the content, format and manner of publication of the profile, including the frequency with which it is revised and published.


Limited courses of higher education may be provided and funded in maintained schools (section 105). Types of course that will qualify include vocational or professional courses at level 4 or modules of first degree courses or components of higher national diplomas.


Admission arrangements for maintained schools are to be changed to make special provision for children who are looked after by local authorities (section 106). Such children will be offered admission in preference to other children.


The Act includes safeguards to apply to the disposal of publicly-funded foundation school land or land purchased with the proceeds of disposal of such land (section 107). Those wishing to dispose of land in England and Wales will be required to seek the secretary of state's consent, and conditions may be attached to any consent given.


Section 108 enables lawful sharing of information between the Department for Education and Skills, Revenue & Customs, and the Department for Work and Pensions to verify information provided in applications for education maintenance allowances. The intention is to enable determination of an applicant's eligibility for this means-tested allowance by verifying income related information, so preventing fraud and loss of public monies.


Data on individual teachers and support staff can be collected and held on a school workforce database for statistical, research and other purposes. Section 114 enables regulations requiring or authorising supply of such information to the secretary of state, the Welsh assembly or prescribed persons.


Governing bodies are given the power to direct excluded children to attend alternative educational provision if the pupil is not in attendance but is registered at the school (section 115). Section 116 extends the fixed penalty notice system - a parent or carer can be issued with a fixed penalty notice or be prosecuted for failing to ensure that a child for whom he is responsible regularly attends the alternative provision that has been made for the child.


The provisions of the Education Act should be viewed as part of a broader package of changes set out in detail in the policy document A New Relationship with Schools, published jointly by the government and the Office for Standards in Education in June 2004. It also takes forward several supporting policy developments set out in the Department for Education and Skills' five-year strategy for children and learners.


Katie Paxton-Doggett is a solicitor and producer at the Law Channel, Einstein Network