Decision

Disapplication notice: school inspections legislation changes

Secretary of State for Education issues a 16th notice about changes to state-funded school inspection requirements during the coronavirus (COVID-19) pandemic.

Applies to England

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Details

The Secretary of State for Education issues a 16th notice about changes to state-funded school inspection requirements during the (COVID-19) pandemic.

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 provisions in academy arrangements from December 2020 to April 2021. The specified time period for the 12th notice was 1 April to 30 April 2021.

On 27 April 2021, the Secretary of State for Education issued a cancellation notice, cancelling the 12th notice with effect from the beginning of 28 April 2021. The cancellation notice contains transitional and savings provisions that continued the disapplication of 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) to the end of 30 April 2021. The transitional and savings provisions also contain provisions relating to Ofsted routine inspections that have effect until the Education (School Inspection) (England) (Coronavirus) (Amendment) Regulations 2021 come into force on 1 September 2021, including a provision that prevents 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.

On 27 April 2021, the Secretary of State for Education issued a 13th notice disapplying sections 48(3) and 49(1) and (2) of the Education Act 2005 (and academy arrangements similar to sections 48(3) and 49(1) and (2) of the 2005 Act) for May 2021. Subsequent notices were also issued disapplying those enactments and similar provisions in academy arrangements for June and July 2021.

The Secretary of State for Education has now issued a 16th 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 August 2021.

The 16th notice is relevant to:

  • state-funded schools
  • academy trusts

The 16th 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 16th notice applies from 1 August to 31 August 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 23 July 2021 + show all updates
  1. Added 'Education Act 2005: school inspection disapplication notice August 2021'.

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

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

  4. Added 'Education Act 2005: cancellation of school inspection disapplication notice April 2021' and 'Education Act 2005: school inspection disapplication notice May 2021'.

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

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

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

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

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

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

  11. Added a sixth notice for October 2020.

  12. Added a fifth notice for September 2020.

  13. Added a fourth notice for August 2020.

  14. Added a third notice for July 2020.

  15. Added a second notice for June 2020.

  16. First published.