What is the legal basis for inspection and review?

​​​HM Inspectors’ powers to inspect educational establishments and services are set out in legislation.

Inspectors are referred to in various places in education legislation as “Her Majesty’s inspectors” as defined in section 135(1) of the Educat​​ion (Scotland) Act 1980 to mean “the inspectors of schools appointed by Her Majesty” housed within Education Scotland.  HM Inspectors (HMIs) have the statutory functions of inspection conferred on them by Part III of the 1980 Act.

​Where legislation refers to “Her Majesty’s inspectors”, Education Scotland is responsible and accountable for the fulfilment of the duties imposed on HM Inspectors.​​

Appointment to the post of HM Inspector is subject to approval by Her Majesty at a sitting of her Privy Council, hence the term Her Majesty’s Inspector of Education.