Decision

Disapplication notice: school inspections legislation changes

Secretary of State for Education issues a thirteenth notice about changes to state-funded school inspection requirements during the coronavirus (COVID-19) outbreak.

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The Secretary of State for Education issues a thirteenth notice about changes to state-funded school inspection requirements during the coronavirus (COVID-19) outbreak.

On 28 April 2020, the Secretary of State for Education issued a notice disapplying sections 5(1), 15(3), 17(2), 48(3) and 49(1) and (2) of the Education Act 2005 (and academy arrangement provisions similar to sections 48(3) and 49(1) and (2) of the 2005 Act). The specified time period of that notice was 1 May to 31 May 2020. Five subsequent notices were issued disapplying those enactments and similar academy arrangements from June to October 2020.

On 25 October 2020, the Secretary of State for Education issued a seventh notice disapplying sections 5(1), 48(3) and 49(1) and (2) of the Education Act 2005 (and academy arrangement provisions similar to sections 48(3) and 49(1) and (2) of the 2005 Act). Five subsequent notices were issued disapplying those enactments and similar academy arrangements from December 2020 to April 2021. The specified time period for the twelfth notice was 1 April to 30 April 2021.

On 27 April 2021, the Secretary of State for Education issued a cancellation notice, cancelling the twelfth notice with effect from the beginning of 28 April 2021. The cancellation notice contains transitional and savings provisions continuing the disapplication of sections 48(3) and 49(1) and (2) of the Education Act 2005 (and similar academy arrangements) to the end of 30 April 2021. The transitional and savings provisions also, for a limited period, prevent the Chief Inspector from being in breach of her duty to inspect certain schools within the prescribed period that have not been inspected due to the suspension of routine inspections.

The Secretary of State for Education has now issued a thirteenth notice disapplying sections 48(3) and 49(1) and (2) of the Education Act 2005 (and academy arrangement provisions similar to sections 48(3) and 49(1) and (2) of the 2005 Act) for April 2021.

The thirteenth notice and the cancellation notice are relevant to:

  • Ofsted
  • state-funded schools
  • academy trusts

The thirteenth notice will temporarily disapply the duty on the governing bodies of voluntary or foundation schools which have been designated as having a religious character, and the proprietors of academies designated as having a religious character, to arrange inspections covering collective worship at the school and denominational education provided by the school within prescribed intervals, and for the person conducting such an inspection to inspect and produce a report within prescribed periods.

The thirteenth notice applies from 1 May to 31 May 2021.

Under the Coronavirus Act 2020, the Secretary of State for Education can issue notices to temporarily disapply or modify statutory requirements where this is an appropriate and proportionate action relating to the incidence or transmission of coronavirus (COVID-19).

Published 30 April 2020
Last updated 30 April 2021 + show all updates
  1. Added 'Education Act 2005: cancellation of school inspection disapplication notice April 2021' and 'Education Act 2005: school inspection disapplication notice May 2021'.

  2. Added 'Education Act 2005: school inspection disapplication notice April 2021'.

  3. Added 'Education Act 2005: school inspection disapplication notice March 2021'.

  4. Added 'Education Act 2005: school inspection disapplication notice February 2021'.

  5. Added the Education Act 2005: school inspection disapplication notice January 2020.

  6. Added 'Education Act 2005: school inspection disapplication notice December 2020'.

  7. Added 'Education Act 2005: school inspection disapplication notice November 2020'.

  8. Added a sixth notice for October 2020.

  9. Added a fifth notice for September 2020.

  10. Added a fourth notice for August 2020.

  11. Added a third notice for July 2020.

  12. Added a second notice for June 2020.

  13. First published.