Cookies on GOV.UK

We use some essential cookies to make this website work.

We’d like to set additional cookies to understand how you use GOV.UK, remember your settings and improve government services.

We also use cookies set by other sites to help us deliver content from their services.

You have accepted additional cookies. You can change your cookie settings at any time.

You have rejected additional cookies. You can change your cookie settings at any time.

what is section 5 of the education act 2005

  • Education, training and skills
  • Inspections and performance of education providers
  • Inspection and performance of schools
  • Inspection of maintained schools and academies

School inspection handbook

Ofsted guidance on inspecting maintained schools and academies in England under the education inspection framework.

Applies to England

Types of school inspections.

PDF , 120 KB , 1 page

School monitoring handbook

Summary of changes.

You can also read ‘Ofsted EIF inspections and the EYFS ’ – what those delivering the EYFS in schools need to know about inspection, the EYFS and the pandemic.

This handbook is primarily a guide for inspectors on how to carry out inspections of maintained schools and academies under section 5 and section 8 of the Education Act 2005.

We also publish this for schools and other interested parties so that they are aware of Ofsted’s inspection processes and procedures under the education inspection framework ( EIF ) .

We have also published guidance for monitoring inspections , along with ‘Inspecting schools: guide for maintained and academy schools’ .

See 'Summary of changes'.

See 'Summary of changes.'

We are in the process of updating the school inspection and school monitoring handbooks to reflect the changes mentioned in our statement published on 7 December.

See 'Summary of changes' for details.

See 'Summary of changes' document.

Added guidance on aligned inspections of schools with boarding or residential provision.

Removed old guidance: the September 2021 handbook is now in force.

Edits throughout: see 'Summary of changes' for details.

Updated with minor changes following the launch of the education inspection framework (EIF).

Updated with minor changes as we launch the education inspection framework (EIF).

First published.

Related content

Is this page useful.

  • Yes this page is useful
  • No this page is not useful

Help us improve GOV.UK

Don’t include personal or financial information like your National Insurance number or credit card details.

To help us improve GOV.UK, we’d like to know more about your visit today. We’ll send you a link to a feedback form. It will take only 2 minutes to fill in. Don’t worry we won’t send you spam or share your email address with anyone.

File : Education Act 2005 (UKPGA 2005-18).pdf

File history, file usage on commons.

File:Education Act 2005 (UKPGA 2005-18).pdf

Original file ‎ (1,239 × 1,752 pixels, file size: 4.78 MB, MIME type: application/pdf , 154 pages)

Summary [ edit ]

Licensing [ edit ].

Click on a date/time to view the file as it appeared at that time.

You cannot overwrite this file.

The following page uses this file:

  • File:Education Act 2005 (UKPGA 2005-18).pdf

This file contains additional information such as Exif metadata which may have been added by the digital camera, scanner, or software program used to create or digitize it. If the file has been modified from its original state, some details such as the timestamp may not fully reflect those of the original file. The timestamp is only as accurate as the clock in the camera, and it may be completely wrong.

what is section 5 of the education act 2005

Structured data

Items portrayed in this file.

  • United Kingdom Public General Acts
  • Books without Wikidata item
  • Images uploaded by Fæ
  • Files with no machine-readable author

Navigation menu

  • Skip to main content
  • Skip to navigation

legislation.gov.uk

  • Browse Legislation
  • New Legislation
  • Coronavirus Legislation
  • Changes To Legislation

Search Legislation

Education act 2005, you are here:.

  • UK Public General Acts

Explanatory Notes

  • Table of contents
  • Table of Contents
  • Open full notes
  • Explanatory Notes Table of contents

Print Options

Please note:.

All reference to 'Parts' and 'sections' are from the Education Act 2005. For other versions of these Explanatory Notes, see More Resources .

Introduction

Summary and Overview

Territorial Extent

Territorial Application: Wales

Part 1: School Inspections and Other Inspections by School Inspectors

Chapter 1 – School Inspectors and School Inspections: England

Section 1: Her Majesty’s Inspectorate of Schools in England

Schedule 1: Her Majesty’s Chief Inspector of Schools in England

Section 2: Functions of Her Majesty’s Chief Inspector of Schools in England

Section 3: Annual and other reports to Secretary of State

Section 4: Powers of entry etc. for purposes of section 2

Section 5: Duty to inspect certain schools at prescribed intervals

Section 6: Duty to notify parents of section 5 inspection

Section 7: Duty to have regard to views of certain persons

Section 8: Inspection at discretion of Chief Inspector

Section 9: Power of Chief Inspector to treat discretionary inspection as section 5 inspection

Section 10: Power of entry etc. for purposes of inspection under section 5 or 8

Section 11: Publication of inspection reports

Chapter 2 – Procedure for Inspections under Chapter 1

Section 13: Duties of Chief Inspector where school causes or has caused concern

Section 14: Destination of reports: maintained schools

Section 15: Measures to be taken by local education authority

Section 16: Destination of reports: non-maintained schools

Section 17: Statement to be prepared by proprietor of school

Chapter 3 – School Inspectors and School Inspections: Wales

Section 19 and Schedule 2: Her Majesty’s Inspectorate of Education and Training in Wales

Section 20: Functions of Chief Inspector

Section 21: Annual and other reports to the Assembly

Section 22: Power of Assembly to establish advisory panel

Section 23: Powers of entry etc. of Chief Inspector

Section 24: Power of Chief Inspector to arrange for inspections

Section 25: Registration of inspectors in Wales

Section 26: Removal from register and imposition or variation of conditions

Section 27 and Schedule 3: Appeals in relation to registration

Section 28 and Schedule 4: Duty to arrange regular inspections of certain schools

Section 29: Publication of inspection reports

Section 30: Payment of fees into Consolidated Fund

Chapter 4 – Procedure for Inspections under Chapter 3

Section 32: Inspections by members of the Inspectorate

Section 33: Duty to report on section 28 inspections

Sections 32-33: Section 28 inspections by registered inspectors and reports of inspections by members of the Inspectorate

Section 36: Timing of section 28 inspections by registered inspectors

Section 37: Duty to notify where inspection shows maintained school causing concern

Section 38: Destination of reports: maintained schools

Section 39: Statement to be prepared by appropriate authority

Section 40: Statement to be prepared by local education authority

Section 41: Destination of reports: non-maintained schools

Section 42: Statement to be prepared by proprietor of school

Chapter 5 – Schools Causing Concern

Section 44: Categories of schools causing concern

Section 45: Cases where Secretary of State or Assembly may direct closure of school

Section 46: Sixth forms requiring significant improvement

Schedule 5: Sixth forms requiring significant improvement

Chapter 6 – Other Inspections: England and Wales

Section 48: Inspection of religious education: England

Section 49: Procedure for inspections under section 48

Section 50 and Schedule 6: Inspection of religious education: Wales

Section 51: Power of LEA to inspect maintained school for specific purpose

Section 52: Provision of inspection services by LEAs in Wales

Section 53: Inspection of child minding, day care and nursery education

Schedule 7: Inspection of child minding, day care and nursery education

Section 54:  Inspection of independent schools

Schedule 8: Amendments relating to inspection of independent schools

Section 55: Inspection of careers services in Wales

Section 56: Inspection of services related to careers services in Wales

Section 57: Inspections under sections 55 and 56

Chapter 7 - Supplementary

Section 58: Inspection of computer records

Section 59: Combined reports

Section 61: Further amendments relating to school inspection

Schedule 9: Amendments relating to school inspections

Section 62: Power of Assembly to change inspection framework for Wales

Part 2: School Organisation

Section 64: Proposals not requiring consent of Secretary of State

Section 65: Publication of proposals with consent of Secretary of State

Section 66 and Schedule 10: Proposals for new secondary schools in England and proposals under section 66 for establishment of secondary schools: supplementary

Section 67 and Schedule 11: Rationalisation of school places in England

Section 68: Proposals for establishment of federated schools

Section 69: LEA not to establish school on opposite side of Welsh border

Section 70: Proposals for discontinuance of rural primary school

Section 71: Proposals relating to maintained special school

Section 72 and Schedule 12: School organisation: further amendments

Part 3: Training the School Workforce

Section 74: The Training and Development Agency for Schools

Section 75:  Functions of the Agency

Section 76:  Powers of the Agency in Wales

Section 77:  Membership etc. of Agency

Schedule 13: The Training and Development Agency for Schools

Sections 78 to 80: Powers of the Agency to provide financial support

Section 81:  Grants to Agency by Secretary of State

Section 82:  Grants to the Agency by the Assembly

Section 83:  Non-funding functions of the Agency

Section 84:  Directions by the Secretary of State and Assembly

Sections 85 to 91: Provisions relating to HEFCW

Section 92:  Joint exercise of functions

Section 94: Duty to provide information

Section 95: Power of maintained schools to provide training for the school workforce

Section 99 and Schedule 14:  Amendments relating to the training of the school workforce

Part 4: Miscellaneous

Maintained schools

Section 101: Funding of maintained schools

Schedule 16: Funding of maintained schools

Section 102: LEA targets: England

Section 103: Removal of requirements for governors’ reports and parents’ meetings

Section 104: School profiles

Section 105: Provision and funding of higher education in maintained schools

Section 106: Admission arrangements to make special provision for looked-after children

Section 107 and Schedule 17: Restrictions on disposal of land

Information

Section 108: supply of information: education maintenance allowances

Section 109: Unauthorised disclosure of information received under section 108

Section 110:  Supply of information: free school lunches etc.

Section 111:  Unauthorised disclosure of information received under section 110

Section 112:  Power to provide that function of determining eligibility remains with LEA

Section 114: Supply of information about school workforce

Attendance at alternative education provision

Section 115: Power of governing body to make alternative provision for excluded pupils

Section 116: Failure of a parent to secure regular school attendance of a child at alternative provision

Section 117: Further amendments

Schedule 18: Further amendments related to Part 4

Part 5: General

Section 124: Power to make further supplementary, consequential provision etc.

Commencement

Hansard References

Territorial Application

Back to top

Options/Help

Print table of contents.

  • PDF table of contents
  • Web page table of contents

Print The Full Notes

  • PDF The Full Notes
  • Web page The Full Notes

Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
  • New site design
  • Accessibility
  • Privacy Notice

IMAGES

  1. Education Act 2005 (UK), The Law Library

    what is section 5 of the education act 2005

  2. School inspection handbook : handbook for inspecting schools in England

    what is section 5 of the education act 2005

  3. Education Act 2005

    what is section 5 of the education act 2005

  4. Education act, 2005

    what is section 5 of the education act 2005

  5. The education inspection framework: Framework for inspections carried

    what is section 5 of the education act 2005

  6. Fillable Online This inspection of the school was carried out under

    what is section 5 of the education act 2005

VIDEO

  1. Free and Compulsory Education Act 2009

  2. Right to Information Act 2005 || RTI

  3. FVWL RIC National 5 English Sentence Structure

  4. Limitation Act 1963

  5. Five Principles of NCF 2005

  6. Grade 5, Unit 9, Lesson 1, Exercise 3A

COMMENTS

  1. Education Act 2005

    Education Act 2005, Section 5 is up to date with all changes known to be in force on or before 16 April 2024. There are changes that may be brought into force at a future date. ... are not community or foundation special schools but are for the time being approved by the Secretary of State under section 342 of the Education Act 1996 ...

  2. Education Act 2005

    Education Act 2005 is up to date with all changes known to be in force on or before 23 April 2024. There are changes that may be brought into force at a future date. ... 5. (1) Section 494 of the Education Act 1996 (recoupment: excluded... 6. In section 566 of the Education Act 1996 (evidence: documents),... School Standards and Framework Act ...

  3. Education Act 2005

    The Education Act 2005 (c 18) is an Act of the Parliament of the United Kingdom.It was enacted in order to simplify the process of school improvement, strengthening the accountability framework for schools, in particular by amending the approach used by Ofsted when inspecting schools in England.This Act repealed the provisions of the School Inspections Act 1996.

  4. PDF School inspection handbook

    School inspection handbook. This handbook provides instructions and guidance for inspectors conducting inspections under section 5 of the Education Act 2005 (as amended). It sets out what inspectors must do and what schools can expect, and provides guidance for inspectors on making their judgements.

  5. Inspecting schools: guide for maintained and academy schools

    We inspect schools under section 5 or section 8 of the Education Act 2005 (as amended). New schools We usually inspect all new schools, including academies, in the first 3 years after they open.

  6. PDF The Framework for School Inspection

    The framework for inspecting schools in England under section 5 of the Education Act 2005 (as amended). This framework sets out the statutory basis for inspections conducted under section 5 of the Education Act 2005 (as amended) from September 2012. It summarises the main features of school inspections and describes how the general principles and

  7. PDF School Inspection Handbook Section

    conducted under the Education Act 2005. 5. The handbook applies to all schools in England that are to be inspected under section 5 of the Education Act 2005.3 The schools subject to inspection under this section of the Act are: community, foundation and voluntary schools community and foundation special schools pupil referral units4

  8. PDF School Inspection Handbook

    The handbook applies to all schools in England that are to be inspected under section 5 of the Education Act 2005.5 The schools subject to inspection under this section of the Act are: community, foundation and voluntary schools. community and foundation special schools. pupil referral units (PRUs)6.

  9. School inspections: a guide for parents

    When Ofsted has judged a school to be good or outstanding after a graded inspection, which is carried out under section 5 of the Education Act 2005 (the Act), we will then normally go into the ...

  10. PDF Education Act 2005

    9 Power of Chief Inspector to treat other inspection as section 5 inspection 10 Power of entry etc. for purposes of inspection under section 5 or 8 Publication of inspection reports ... Education Act 2005 (c. 18) Part 1 — School inspections and other inspections by school inspectors Chapter 1 — School inspectors and school inspections ...

  11. School inspection handbook

    This handbook is primarily a guide for inspectors on how to carry out inspections of maintained schools and academies under section 5 and section 8 of the Education Act 2005. We also publish this ...

  12. PDF Schools causing concern

    section 5 of the Education Act 2005 was Requires Improvement (RI), and • the school's overall effectiveness was also below Good at the inspection under section 5 immediately prior to the most recent such inspection The Secretary of State has powers to intervene in these schools, by virtue of the legislation on 'coasting' schools. 7

  13. Section 5 Ofsted Framework

    Section 5 is listed in the Education Act 2005. Section 5 Ofsted refers to the individual inspection of an educational setting, to ensure the overall effectiveness of said setting meets Ofsted's standards. The inspection follows criteria which identify overall effectiveness: Quality of education. Behaviour and attitudes.

  14. PDF School inspection handbook

    The CIF and this handbook set out the statutory basis for school inspections conducted under the Education Act 2005. 7. The handbook applies to all schools in England that are to be inspected under section 5 of the Education Act 2005.5 The schools subject to inspection under this section of the Act are: community, foundation and voluntary schools.

  15. Graded and Ungraded Ofsted Inspections of Schools (England)

    Ofsted uses Section 44 of the Education Act 2005 to determine whether a school has serious weaknesses or should be placed in special measures. [15] A school judged 'inadequate' will have serious weaknesses, 'because it is performing significantly less well than it might in all circumstances be reasonably expected to perform'.

  16. Education Act 2005

    Education Act 2005 (2005 c 18) UK Parliament Acts contains Statutes of England and Wales. Acts that were made by the Westminster Parliament and relate to Scotland only are not included, although provisions of Scottish Acts that apply or are relevant to England and/or Wales are included.

  17. Education Act 2005

    An Act to make provision about the inspection of schools, child minding, day care, nursery education and careers services; to make other provision about school education; to make provision about the training of persons who work in schools and other persons who teach, about the supply of personal information for purposes related to education and about the attendance of children at educational ...

  18. PDF File:Education Act 2005 (UKPGA 2005-18).pdf

    English: An Act to make provision about the inspection of schools, child minding, day care, nursery education and careers services; to make other provision about school education; to make provision about the training of persons who work in schools and other persons who teach, about the supply of personal information for purposes related to education and about the attendance of children at ...

  19. what is section 5 of the education act 2005

    Cookies on GOV.UK. We use some essential cookies to make this website work. We'd like to set additional cookies to understand how you use GOV.UK, remember your settings and impr

  20. Education Act 2005

    2 (1) Section 10B of the Employment and Training Act 1973 (inspection) is amended as follows. (2) For subsection (6) substitute—. "(6) A person carrying out or participating in the inspection shall have the same powers as the Chief Inspector has under the following provisions of the Education Act 2005—. (a) s.

  21. Education Act 2005

    (c) section 193 of the Education Act 2002, (d) section 66 of this Act, or (e) paragraph 7 of Schedule 11 to this Act, for the establishment of a new school may relate to the establishment of the school as a federated school. (2) In this section "federated school" has the meaning given by section 24(2) of the Education Act 2002.

  22. PDF FACT SHEET: U.S. Department of Education's 2024 Title IX Final Rule

    On April 19, 2024, the U.S. Department of Education released its final rule to fully effectuate Title IX's promise that no person experiences sex discrimination in federally funded education. Before issuing the proposed regulations, the Department received feedback on its Title IX regulations, as amended in 2020, from a wide variety of ...

  23. Education Act 2005

    Section 2: Functions of Her Majesty's Chief Inspector of Schools in England. Section 3: Annual and other reports to Secretary of State. Section 4: Powers of entry etc. for purposes of section 2. Section 5: Duty to inspect certain schools at prescribed intervals. Section 6: Duty to notify parents of section 5 inspection.