Regulating the inspection of Further Education and Training

From April 2026, the Commission for Tertiary Education and Research (now known as Medr) will become responsible for the oversight and funding of Estyn’s core inspection work and thematic reviews of the further education and training specified in section 57(1) of the Tertiary Education and Research (Wales) Act 2022 (“TERA”). Estyn will also be under a duty to provide advice and guidance relating to the inspection and quality of post compulsory further education and training (including school sixth form element of school inspection).

We are consulting on the draft Inspection of Education and Training (Wales) Regulations 2026 (‘the 2026 Regulations’) which will revoke and replace the Inspection of Education and Training (Wales) Regulations 2001 (‘the 2001 Regulations’) (as amended most recently by the Education (Amendments Relating to the Intervals for Inspection of Education and Training) (Wales) Regulations 2020). The 2001 Regulations require the inspection of further education and training to be carried out at specified intervals and require inspection reports and action plans to be completed within a specified period. 

The aim of the 2026 Regulations is to ensure inspection intervals (the period required between inspections) and the specified period in which reports need to be completed provide sufficient flexibility for Estyn to exercise its duties effectively and in a timely manner. 

Whilst there is no intention to alter the policy intent in respect of the intervals of inspections as set out in the 2001 Regulations, we are consulting on a proposed change to the reporting period for Estyn inspections of further education and training. The 2001 Regulations require that a report be published within 70 working days from the date on which the inspection is completed. We propose reducing that period to 35 working days starting with the working day after the day an inspection is completed, to bring the sector into alignment with Estyn inspections of schools.

The framework for education and training inspections is currently set out under the Learning and Skills Act 2000 (“the 2000 Act”). By virtue of section 73 of the 2000 Act, responsibility for the inspection of schools falls to His Majesty’s Chief Inspector of Education and Training in Wales (Estyn), and section 75 extends the remit to cover further education and training. 

Part IV of the 2000 Act provides that inspections must be carried out in respect of specific education or training brought within the remit of Estyn by that Part, and provides duties and powers for Estyn to carry out area inspections.

The 2001 Regulations detail the current inspection intervals and reporting periods which apply to Estyn. They also outline the requirement that an action plan must be published by the body concerned within a specific time period and further publication requirements for action plans. 

The 2001 Regulations (as amended most recently by the Education (Amendments Relating to the Intervals for Inspection of Education and Training) (Wales) Regulations 2020) require that:

• following the conclusion of the previous eight year inspection period ending on 31st August 2024, inspections will be conducted at least once within every six years
• inspection reports must be made within the period of 70 working days from the date on which the inspection or area inspection is completed
• action plans must be published within the period of 20 working days from the date on which the body concerned received a copy of the inspection report

The Tertiary Education and Research (Wales) Act 2022 (“the 2022 Act”) received Royal Assent on 8 September 2022. The 2022 Act provided for the establishment of Medr and the dissolution of the Higher Education Funding Council for Wales (“HEFCW”). Medr was established as a legal entity on 15 December 2022 and became operational of 1 August 2024, with HEFCW also being dissolved on that date.

Following the commencement of all relevant provision within the 2022 Act, Medr will be responsible for strategy, funding, and oversight of the following sectors: 

• Further education, including colleges and school sixth-forms.
• Higher education, including research and innovation.
• Adult education and adult community learning.
• Apprenticeships and training.

Sections 57 to 68 of the 2022 Act contain the functions of Estyn, previously set out in Part 4 of the Learning and Skills Act 2000, in respect of the inspection of post-16 education and training, set out the requirements on Medr in respect of its role in the strategic oversight and funding of the inspection of further education and training, along with the duties of persons responsible for providing the education being inspected. 

Section 57(4) of the 2022 Act provides the power for the Welsh Ministers to make regulations specifying the intervals at which inspections of specific education and training are required to be conducted and the period in which reports on such inspections are required to be made. 

Section 57(5) of the 2022 Act sets out the requirement for the Welsh Ministers to consult with Medr (and Estyn) before making these Regulations.

Section 62 of the 2022 Act outlines the requirements for the provider of education and training which is subject to a report: the person responsible for the management of the provider must prepare and publish a written statement of the action which the person proposes to take in the light of the report and the period within which the person proposes to take it.

Section 63(9)(b) of the 2022 Act provides the power for the Welsh Ministers to make regulations specifying the period in which reports on area inspections are required to be published.

Welsh Government policy in respect of inspection intervals in respect of both the specific further education or training inspections (under section 57(1) of the Act) and area inspections (under section 63 of the Act) remains unchanged and will continue to apply to the Estyn funding and planning cycle in future years. 

The 2026 regulations will not alter the requirements in respect of inspection intervals as currently set out in the 2001 Regulations (as amended) but will confirm that the existing arrangements in respect of six yearly inspection intervals will continue following the commencement of the relevant functions relating to the quality of further education and training as set out in the 2022 Act.

In order to ensure no gap in the inspection of further education and training, the 2026 Regulations provide for a number of scenarios:

• Where the education or training has not been inspected under section 77 of the LSA 2000 or the section 57 of the 2022 Act, an inspection must be completed within six years of Estyn being subject to a duty to inspect the education or training under those sections,
• Where the education or training has been inspected under section 77 of the LSA 2000 but that inspection did not occur between 1 September 2024 and 31 March 2026, an inspection must be completed at least once between 1 April 2026 and 31 August 2030,
• In all other cases, an inspection must be completed at least once within the period of six years beginning with 1 September 2030, and at least once within every subsequent six-year period beginning at the end of the previous period

Welsh Government policy in respect of the timing of inspection reports in respect of inspections of further education and training has changed. 

The proposed change will reduce Estyn’s reporting period from 70 to 35 working days from the working day after the day an inspected is completed. 

This would bring the timing of inspection reports for further education and training into alignment with the reporting period for schools, increasing consistency across the different educational sectors and enabling further education and training providers to act upon Estyn recommendations more quickly than the current Regulations allow.

In developing this policy proposal, the Welsh Government has engaged with Medr and Estyn with both organisations agreeing with the proposed change.

Question 1

Do you agree with the proposal to revoke and replace the Inspection of Education and Training (Wales) Regulations 2001 to consolidate and reflect the statutory role of the Commission in exercising its statutory duties and functions as set out in the Tertiary Education and Research (Wales) Act 2022? 

Question 2 

Do you agree with the transitional arrangements included within the draft regulations as set out in the table in regulation 2 which ensures the continuity of the current 6-year inspection period that started under the 2001 Regulations?

Question 3 

Do you agree with amending the timeframe within which further education and training inspection reports must be made, from 70 working days to 35 working days to be in line with other inspections undertaken by Estyn?

Question 4

What, in your opinion, would be the likely effects of the legislation on the Welsh language? We are particularly interested in any likely effects on opportunities to use the Welsh language and on not treating the Welsh language less favourably than English.

Do you think that there are opportunities to promote any positive effects?

Do you think that there are opportunities to mitigate any adverse effects?

Question 5

In your opinion, could the legislation be formulated or changed so as to:

• have positive effects or more positive effects on using the Welsh language and on not treating the Welsh language less favourably than English; or
• mitigate any negative effects on using the Welsh language and on not treating the Welsh language less favourably than English?

Please use the consultation response form to respond to the above questions.

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