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PUBLICATION, DOCUMENT
Regulating the inspection of
Further Education and
Training
We are consulting on the draft Regulations that will replace the
Inspection of Education and Training (Wales) Regulations
2001 (as amended).
First published: 4 April 2025
Last updated: 4 April 2025
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Contents
Summary (https://www.gov.wales/pdf-optimised/node/67692#169213)
Where are we now (https://www.gov.wales/pdf-optimised/node/67692#169215)
The Tertiary Education and Research (Wales) Act (https://www.gov.wales/pdf-
optimised/node/67692#169217)
What changes are we proposing (https://www.gov.wales/pdf-optimised/node/
67692#169219)
Consultation questions (https://www.gov.wales/pdf-optimised/node/67692#169221)
Your rights (https://www.gov.wales/pdf-optimised/node/67692#169223)
UK General Data Protection Regulation (UK GDPR) (https://www.gov.wales/pdf-
optimised/node/67692#169225)
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Summary
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.
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Where are we now
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
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The Tertiary Education and Research (Wales) Act
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.
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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.
What changes are we proposing
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
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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.
Consultation questions
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?
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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
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• 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.
Your rights
Under the data protection legislation, you have the right:
• to be informed of the personal data held about you and to access it
• to require us to rectify inaccuracies in that data
• to (in certain circumstances) object to or restrict processing
• for (in certain circumstances) your data to be ‘erased’
• to (in certain circumstances) data portability
• to lodge a complaint with the Information Commissioner’s Office (ICO) who
is our independent regulator for data protection.
For further details about the information the Welsh Government holds and its
use, or if you want to exercise your rights under the UK GDPR, please see
contact details below:
Data Protection Officer
Welsh Government
Cathays Park
CARDIFF
CF10 3NQ
e-mail: dataprotectionofficer@gov.wales (mailto:dataprotectionofficer@gov.wales)
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Information Commissioner’s Office
Wycliffe House
Water Lane
Wilmslow
Cheshire SK9 5AF
Tel: 0303 123 1113
Website: ico website (https://ico.org.uk/)
UK General Data Protection Regulation (UK
GDPR)
The Welsh Government will be data controller for Welsh Government
consultations and for any personal data you provide as part of your response to
the consultation.
Welsh Ministers have statutory powers they will rely on to process this personal
data which will enable them to make informed decisions about how they
exercise their public functions. The lawful basis for processing information in this
data collection exercise is our public task; that is, exercising our official authority
to undertake the core role and functions of the Welsh Government. (Art 6(1)(e))
Any response you send us will be seen in full by Welsh Government staff
dealing with the issues which this consultation is about or planning future
consultations. In the case of joint consultations this may also include other public
authorities. Where the Welsh Government undertakes further analysis of
consultation responses then this work may be commissioned to be carried out
by an accredited third party (for example, a research organisation or a
consultancy company). Any such work will only be undertaken under contract.
Welsh Government’s standard terms and conditions for such contracts set out
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strict requirements for the processing and safekeeping of personal data.
In order to show that the consultation was carried out properly, the Welsh
Government intends to publish a summary of the responses to this document.
We may also publish responses in full. Normally, the name and address (or part
of the address) of the person or organisation who sent the response are
published with the response. If you do not want your name or address published,
please tell us this in writing when you send your response. We will then redact
them before publishing.
You should also be aware of our responsibilities under Freedom of Information
legislation and that the Welsh Government may be under a legal obligation to
disclose some information.
If your details are published as part of the consultation response then these
published reports will be retained indefinitely. Any of your data held otherwise by
Welsh Government will be kept for no more than three years.
This document may not be fully accessible.
For more information refer to our accessibility statement (https://www.gov.wales/accessibility-statement-govwales).
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Regulating the inspection of Further Education and Training : Last updated: 4 April 2025

What is AI?
‘Artificial intelligence’ (AI) is an umbrella term for a range of technologies based
on algorithms (instructions that tell a computer what to do and how to do it) that are
designed to complete tasks that previously required human thinking.
The UK government has made AI a core part of delivering its missions, as set out
in its AI Opportunities Action Plan. In line with this, as we explained in our policy on
our approach to AI, we are already exploring how AI can help us to make better
decisions and work more efficiently, while ensuring we use it responsibly and
fairly.
This statement builds on the position set out in our policy, and sets out the broad
principles for how we will consider uses of AI encountered on inspection. This
document does not represent a final position. Ofsted’s approach to AI will be
updated as our understanding of the use of AI in education and care settings
continues to develop.
Statement on how Ofsted looks at AI
Guidance
How Ofsted looks at AI during
inspection and regulation
Published 27 June 2025
Applies to England
Menu
Home Education, training and skills Inspections and performance of education providers
How Ofsted looks at AI during inspection and regulation
Contents
What is AI?
Statement on how Ofsted
looks at AI during inspection
and regulation
Expectations regarding the
use of AI in the settings we
inspect and regulate
Use of AI by children and
learners
Evaluating the specific risks of
AI
during inspection and regulation
Ofsted supports innovation and the use of AI where it improves the education and
care of children.
We do not look at AI as a stand-alone part of our inspections, and we do not
directly evaluate the use of AI, nor of any AI tool. However, inspectors can
consider the impact that the use of AI has on the outcomes and experiences of
children and learners. That includes both how providers themselves use AI, and
how they respond to the use of AI by others – for example parents, children and
learners.
Similarly, we do not consider the use of AI in and of itself in our regulation
practice. However, our evaluation of the impact of AI use in the settings we
regulate may be used to help inform any enforcement action.
We do not require our inspectors to actively look for AI use, and their inspection
reports will not refer to AI unless it is crucial to their broader inspection and
regulatory decisions. If inspectors find that a provider’s use of, and response to,
AI has a significant impact on children and learners, they will record it in the same
way as any other evidence gathered during inspection.
We do not expect inspectors to understand how AI software has been designed –
any more than, for example, they need to understand the programming of a
provider’s firewall software to evaluate their data security arrangements.
Expectations regarding the use of AI in
the settings we inspect and regulate
We do not expect or require providers to use AI in a certain way, or to use it at all.
At this stage, we do not have the evidence we would need to define good use of
AI for the purposes of inspection or regulation.
However, providers should be aware that some children or staff members are
likely to be using AI in connection with the education or care they receive or
provide – for example, pupils using it to help complete homework, or support staff
using it to help take case notes.
Any evaluation of the use of AI will ask whether the provider has made sensible
decisions – the same as we would with any other tool. Inspectors may ask leaders
how they make sure that any use of AI supports the best interests of children and
learners. For example:
if a school uses AI to identify causes of absence, inspectors may consider how
it forms a part of the approach to tackling absence
if a local authority uses AI-generated summaries of child protection
conferences, inspectors may want to understand how it makes sure these are
accurate
Use of AI by children and learners
Where relevant, inspectors will explore how leaders make sure that, when AI is
being used by children and learners at their setting or in their home, this is in the
children’s and learners’ best interests.
For example, inspectors may look at the school’s or provider’s policy on pupils’
use of AI in lessons, or at home, to complete homework and coursework
assignments. In social care settings, they may look at how staff make sure that
children’s use of AI on personal devices is in their best interests. If children or
young people are using AI inappropriately, inspectors may evaluate how the
provider has responded and addressed the impact of this.
Evaluating the specific risks of AI
Like any new technology, AI presents both opportunities and risks in education
and social care settings. While the risks associated with AI will not be
evaluated separately in our inspections, they will be addressed when they have
implications for areas that are already considered. For example:
Data protection: many applications of AI use large amounts of data, which can
include personal data. When appropriate, inspectors may ask questions similar
to those they ask about any other instances of the collection, storage and
processing of personal data.
Safeguarding: AI can pose new and unique safeguarding risks. Inspectors will
give appropriate weight to this as part of their more general consideration of a
provider’s safeguarding culture.
Bias and discrimination: another defining characteristic of AI is that it can make
decisions or create outputs based on data without direct human intervention.
This introduces a risk that the AI will perpetuate bias and discrimination that is
present in the data that it processes or has been trained on. Despite the new
context, the risk of bias and discrimination, and measures taken by a provider to
mitigate this, are already part of what inspectors consider when collecting
evidence.
Inspectors may ask what steps the provider has taken to make sure their use of AI
properly considers these risks. Were those risks considered when introducing the
AI application? Do they have any assurance processes to identify emerging risks?
Any evaluation that Ofsted makes is about the provider’s decision-making, what
they have considered, and the impacts on children and learners, not about the tool
itself.
Inspectors only need to consider AI when it is relevant to something specific in
their evaluations, such as the examples above. Some uses of AI will not be
relevant to the inspection and will not be considered by inspectors – for example,
Google Maps uses AI to give users directions. And many providers, children and
learners will not use AI at all.
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Guidance
Principles for deciding
when more than one
inspector is needed for
early years inspection and
regulatory activity
Guidance for inspectors on how to make
this decision and the process to follow.
From:
Ofsted
Published
7 November 2025
Applies to England Related content
Collection
Ofsted inspections of early
years and childcare
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Home Parenting, childcare and children's services Childcare and early years Providing childcare
Performance and inspection of childcare providers
Contents
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The early years operating guide includes this prompt to
inspectors, listed in the ‘preparing for inspection’ section:
When deciding whether more than one inspector is
needed for a regulatory visit or inspection, the inspector
and early years senior officer (SO) consider a range of
factors, including:
whether the information suggests there is a risk of
harm to children
the nature and severity of non-compliance
the location of the premises and the potential personal
risks to staff and children
the size and layout of the premises, the number of
places for children at the setting and number of staff
who work there
whether there is a history of concerns about the
provider
whether the history with the provider suggests our
inspector and/or evidence are likely to be challenged
any other information known about the registered
person or provision
providers
[review] whether an additional inspector is needed
and this has been agreed by the region – if so,
record the rationale and who agreed this decision;
this might include concerns about suitability and/or
your safety, and/or the number of places”
“
Concerns about inspectors’ safety and/or well-being—
Number of places and layout of the setting—
Decision-making process—
This document provides additional guidance for
inspectors to support this decision-making. It outlines the
process for agreeing these decisions and where this
should be recorded.
Concerns about inspectors’ safety and/or
well-being
Where there are concerns about inspectors’ safety or
well-being connected to the suitability and/or integrity of
providers or the premises, regions must support
inspectors to carry out inspections and regulatory activity
with one other inspector.
Number of places and layout of the
setting
Regions can consider whether a setting has 100 or more
registered places or a large number of rooms as an
initial guide to decide whether a second inspector may
be needed. This is not an automatic trigger for there
being more than one inspector but should prompt the
inspector to make an enquiry with the duty desk or SO to
discuss what would be appropriate oversight and
support during inspection and regulatory activity.
This means considering how many children are
estimated to be present at the setting on the day of the
visit/inspection, the layout of the setting’s premises and
any other contextual information about the setting.
When inspectors notify providers of an inspection or a
regulatory visit, they should determine how many children
will be present at the time of the inspection/visit, and how
the provision is organised. This will then enable them to
make a final decision about whether they need a second
inspector and allow for flexibility if, at the time of the
inspection, there are fewer children present than the
number of places.
If inspectors are carrying out an inspection or regulatory
visit without notice, they should use all the information
above and what they know about the setting to decide
whether more than one inspector is needed.
Decision-making process
The inspector agrees the decision with an early years
SO in their region. The inspector then records the
rationale for more than one inspector, and the number of
inspectors, in the relevant sections of Ofsted’s systems
that support inspection and regulatory activity.
Published 7 November 2025
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Principles for deciding when more than one inspector is needed for early years inspection and regulatory activity : Published 7 November 2025

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