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Key definition
School definition

What does School mean? In legal practice, “school” denotes an institution providing primary or secondary education to pupils, whether state-funded or independent, and includes special schools. The expression is used across education, public, employment, safeguarding and equality law in issues such as admissions, exclusions, SEND/ASN, governance, premises and duty of care. In England and Wales, statutory definitions are found chiefly in the Education Act 1996 and the Academies Act 2010, covering maintained schools (community, foundation, voluntary aided/controlled), academies and independent schools; pupil referral units, early years and further education institutions are distinct. In Scotland, the Education (Scotland) Act 1980 defines schools, including nursery, primary, secondary and...

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Ofsted inspections and interventions: legal framework, schools causing concern, special measures, academy conversion, and complaints and judicial review in England

Practice notes
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This Practice Note outlines the statutory bases for Ofsted’s administrative framework and fields of activity, the cadence and character of School Inspections in particular, the distinct categories of inadequate schools in England, and the actions that a local authority may need to take under the Education and Inspections Act 2006 (EIA 2006) if one of its schools is deemed inadequate.

Ofsted

Ofsted is a non-departmental public body funded by government, working in England and led by His Majesty’s Chief Inspector of Education, Children’s Services and Skills (HMCI). The bulk of Ofsted’s powers and responsibilities sit in Part 1 of the Education Act 2005 (EA 2005), while the overarching functions and duties of His Majesty’s Chief Inspector are specified in EIA 2006, ss 116–119. In line with EIA 2006, Sch 12, these functions can be delegated lawfully. Ofsted inspectors (HMIs) are accountable to a senior HMI. This Practice Note focuses on arrangements in England specifically and not elsewhere. The inspectorate for education and training in Wales is Estyn. For more detail about Estyn in Wales, see Practice Note: Regulation and inspection of maintained schools (primary, secondary, all-age and special schools) and pupil referral units and local government education services by Estyn...

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Katie Michelon
Katie Michelon

Katie is a Partner in the education team at Browne Jacobson. She advises schools and academies on a wide range of education law issues including safeguarding, exclusions, admissions, governance and parental complaints. She leads the firm's practice on school intervention and inspection, delivering strategic advice to schools and academies who may be vulnerable to formal intervention measures from their local authority or the Secretary of State and supporting schools with challenging Ofsted inspections. Katie has also advised schools and academy trusts across the country on academy conversions under the Academies Act 2010. She now focuses largely on group and specialist projects, working with a number of multi-academy trusts on their expansion, including academy merger and re-brokerage projects. Katie also regularly delivers training and webinars to school leaders on education law matters....

Nicholas Hancox
Nicholas Hancox

Nicholas qualified in 1977. He specialises in Education Law, Local Government Law and Highways Law and has been authoring and editing for LexisNexis since 2000....

Web page updated on 21/05/2026

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