Educational Institutions and Social Services: Inspections

(asked on 19th May 2020) - View Source

Question to the Department for Education:

To ask the Secretary of State for Education, with reference to Ofsted's announcement of 17 March 2020 on the temporary suspension of routine Ofsted inspections of schools, further education, early years and social care providers, under which powers that suspension was made; on what date that suspension came into effect; and whether that suspension includes inspections of children’s homes.


Answered by
Nick Gibb Portrait
Nick Gibb
This question was answered on 2nd June 2020

On 17 March, the Secretary of State announced the temporary suspension of routine Ofsted inspections in the school, further education, early years, local authority and care sectors. The suspension, which includes routine inspections of children’s homes, took effect from that date, although legislative measures have followed subsequently.

The Government remains fully committed to inspection by Ofsted, and routine inspection will resume at the appropriate time. In the meantime, Ofsted may use its inspection powers if it has significant safeguarding concerns.

Section 5 of the Education Act 2005 places a duty on HM Chief Inspector to inspect state-funded schools at prescribed intervals. This duty has been temporarily suspended under the Coronavirus Act 2020 Disapplication of sections 5(1), 15(3), 17(2), 48(3) and 49(1) and (2) of the Education Act 2005 (England) Notice 2020, which took effect from 1 May 2020.

Ofsted’s routine inspection of further education and skills take place under Part 8 of the Education and Inspections Act 2006. These provisions do not require amendment during this period as there are no statutory requirements for inspection intervals.

Routine inspections of independent schools by Ofsted take place on a direction from the Secretary of State under section 109 of the Education and Skills Act 2008. On 25 March, the Secretary of State confirmed to HM Chief Inspector that standard inspections of independent schools by Ofsted did not need to take place until further notice.

The period within which Ofsted must inspect provision registered on the early years register, as required by section 49(2) of the Childcare Act 2006, is specified by the Secretary of State. On 25 March, the Secretary of State confirmed to HM Chief Inspector that Ofsted will not be required to undertake regular inspections of provision registered on the early years or childcare register until further notice.

The prescribed intervals within which Ofsted must inspect childminder agencies as required by Section 51D(1)(a) and 61E(1)(a) of the Childcare Act 2006 are specified by the Secretary of State. On 25 March, the Secretary of State confirmed to HM Chief Inspector that Ofsted will not be required to undertake regular inspections of childminder agencies, until further notice.

In relation to the inspection of local authority children’s services, HM Chief Inspector has a power to inspect generally and a duty to inspect at the request of the Secretary of State under section 136 of the Education and Inspections Act 2006. No amendment during this period was necessary as there are no statutory requirements for inspection intervals.

The frequency of routine inspections for establishments and agencies (children’s homes, residential family centres, holiday schemes for disabled children, voluntary adoption agencies, adoption support agencies and fostering agencies) are provided for by regulation 27 of HM Chief Inspector of Education, Children’s Services and Skills (Fees and Frequency of Inspections) (Children’s Homes etc.) Regulations 2015. This regulation was temporarily revoked by the Adoption and Children (Coronavirus) (Amendment) Regulations 2020 with the effect that routine inspections of these establishments and agencies are suspended until 25 September 2020. This will be kept under review.

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