
1 

(1) These Regulations may be cited as the Coasting Schools (England) Regulations 2022 and come into force on 1st September 2022.
(2) These Regulations extend to England and Wales and apply in relation to schools and units in England.
2 
In these Regulations—
(a) “school” has the meaning given in section 4 of the Education Act 1996;
(b) “unit” means a pupil referral unit within the meaning given in section 19 of that Act.
3 
Section 60B of the Education and Inspections Act 2006 does not apply to a maintained nursery school.
4 

(1) A school is coasting for the purposes of section 60B(1) of the Education and Inspections Act 2006 where—
(a) the school meets the entry conditions in paragraph (2), (3), (4) or (5); and
(b) following any inspections which cause the school to meet the entry conditions in paragraph (2), (3), (4) or (5), the school has not met the exit condition.
(2) The entry conditions in this paragraph are that—
(a) in a section 5 inspection, the school was awarded a grade of “needs attention” by the Chief Inspector in the evaluation area of leadership and governance; and
(b) the Chief Inspector made a relevant assessment—
(i) in the school’s previous section 5 inspection; or
(ii) if the school has not had a previous section 5 inspection, in the most recent section 5 inspection of a linked school.
(3) The entry condition in this paragraph is that in a section 5 inspection report the Chief Inspector—
(a) made a statement required under section 13(4) or section 13(5) of the Education Act 2005;
(b) did not make a statement required under section 13(3)(b) of the Education Act 2005; and
(c) awarded the school—
(i) a grade of “needs attention” in any evaluation area applicable to the school;
(ii) if the section 5 inspection occurred on or after 2nd September 2024, a grade of “requires improvement” in the key judgement of quality of education or leadership and management; or
(iii) if the section 5 inspection occurred before 2nd September 2024, a grade of “satisfactory” or “requires improvement” for the school’s overall effectiveness.
(4) The entry conditions in this paragraph are that—
(a) in a section 5 inspection that occurred on or after 2nd September 2024, the school was awarded a grade of “requires improvement” by the Chief Inspector in the key judgement of quality of education or leadership and management; and
(b) the Chief Inspector made a relevant assessment—
(i) in the school’s previous section 5 inspection; or
(ii) if the school has not had a previous section 5 inspection, in the most recent section 5 inspection of a linked school.
(5) The entry conditions in this paragraph are that—
(a) in a section 5 inspection that occurred before 2nd September 2024, the school was awarded a grade of “requires improvement” by the Chief Inspector for overall effectiveness; and
(b) the Chief Inspector made a relevant assessment—
(i) in the school’s previous section 5 inspection; or
(ii) if the school has not had a previous section 5 inspection, in the most recent section 5 inspection of a linked school.
(6) In this regulation the exit condition is met if—
(a) in a section 5 inspection or section 8 inspection of the school the Chief Inspector awarded none of the following grades in any evaluation area applicable to the school—
(i) “needs attention”;
(ii) “urgent improvement”;
(iii) “not met”;
(b) in a section 5 inspection that occurred on or after 2nd September 2024, the Chief Inspector awarded a grade of “outstanding” or “good” in the key judgements of quality of education and leadership and management; or
(c) in a section 5 inspection that occurred before 2nd September 2024, the Chief Inspector awarded a grade of “outstanding” or “good” for the school’s overall effectiveness.
(7) In this regulation a “relevant assessment” is—
(a) a statement required under section 13(3)(b) of the Education Act 2005;
(b) a grade of “needs attention” in the evaluation area of leadership and governance;
(c) in a section 5 inspection that occurred on or after 2nd September 2024, a grade of “requires improvement” in the key judgement of quality of education or leadership and management; or
(d) in a section 5 inspection that occurred before 2nd September 2024, a grade of “satisfactory” or “requires improvement” for the school’s overall effectiveness.
(8) In this regulation a “linked school” is, in relation to a school (“School A”)—
(a) its predecessor school;
(b) if there are two or more predecessor schools, each predecessor school; or
(c) if School A has only one predecessor school and that school has not had a section 5 inspection, the most recent school in a chain with School A to receive a section 5 inspection.
(9) In paragraph (8)—
(a) a “predecessor school” is a school that—
(i) has been discontinued; and
(ii) upon discontinuation was replaced by School A;
(b) a “school in a chain with School A” means any of the schools which are part of a sequence of schools which were discontinued and replaced by another school where the last school in the sequence is School A.
(10) In this regulation—
(a) a “section 5 inspection” means an inspection under section 5 of the Education Act 2005.
(b) a “section 8 inspection” means an inspection under section 8 of the Education Act 2005.
5 

(1) The Education (Pupil Referral Units) (Management Committees etc) (England) Regulations 2007 are amended as follows.
(2) In regulation 2(1), (interpretation) in the definition of “eligible for intervention”, before sub-paragraph (a) insert—“
(za) the circumstances set out in section 60B of the Education and Inspections Act 2006 apply in relation to the unit;”.
6 

(1) The Education (Pupil Referral Units) (Application of Enactments) (England) Regulations 2007 are amended as follows.
(2) In Schedule 1—
(a) before paragraph 23 insert—“
22A. 

(1) Section 60B of the Education and Inspections Act 2006 applies in relation to units as it applies in relation to maintained schools with the following modifications.
(2) Section 60B has effect as if—
(a) for subsection (1) there were substituted—“
(1) A unit is by virtue of this section eligible for intervention if—
(a) the unit is coasting, and
(b) the Secretary of State has notified the management committee that it is coasting.”.
(b) subsections (2) and (3) were omitted.”;
(b) in paragraph 23C (application of section 4 of the Academies Act 2010 to units), for sub-paragraph (2) substitute—“
(2) Subsection (1) has effect as for it there were substituted—“
(1) The Secretary of State may make an Academy order in respect of a unit in England if—
(a) an application in respect of the unit is made under section 3; or
(b) the unit is eligible for intervention, within the meaning of Part 4 of the Education and Inspections Act 2006, by virtue of section 60B of that Act (coasting schools).”.”;
(c) omit paragraph 23D(3)(a) (application of section 5 of the Academies Act 2010 to units);
(d) omit paragraph 23DA(2)(a) (application of section 5B of the Academies Act 2010 to units);
(e) omit paragraph 23DB(2)(a) (application of section 5C of the Academies Act 2010 to units);
(f) in paragraph 23DC (application of section 5D of the Academies Act 2010 to units), omit the words after “maintained schools”;
(g) in paragraph 23DD (application of section 5E of the Academies Act 2010 to units), in the modification made by paragraph (3)(b), after “set out in” insert “section 60B,”;
(h) after paragraph 30 insert—“
31. 
Regulation 4 of the Coasting Schools (England) Regulations 2022 applies in relation to a unit as if for—
(a) “school” in each place there were substituted “unit”; and
(b) “schools” in each place there were substituted “units”.”.
7 
The Coasting Schools (England) Regulations 2017 are revoked.
Barran
Parliamentary Under Secretary of State
Department for Education
