Education and Inspections Bill

House of Commons

Session 2005 - 06
Internet Publications
Other Bills before Parliament

Education and Inspections Bill

Education and Inspections Bill
Part 8 — Inspections
Chapter 4 — Inspection and review of Local Authorities in England
86

Chapter 4
Inspection and review of Local Authorities in England
Functions to which this Chapter applies
121
Functions to which this Chapter applies and related activities
(1)
This Chapter applies to the following functions of a local authority in
5
England—
(a)
the functions conferred on the authority under Part 1 of the Childcare
Act 2006,
(b)
the functions conferred on or exercisable by the authority in their
capacity as a local education authority,
10
(c)
the functions conferred on the authority under sections 10, 12 and 17 to
19 of the Children Act 2004 (c. 31),
(d)
the social services functions (within the meaning of the Local Authority
Social Services Act 1970 (c. 42)) of the authority, so far as relating to
persons aged under 18, and
15
(e)
the functions conferred on the authority under sections 23C to 24D of
the Children Act 1989 (c. 41), so far as not falling within paragraph (d).
(2)
In this Chapter “related activity”, in relation to a function within subsection
(1)(a) or (b), means anything done in any place by, or pursuant to arrangements
made by, the authority under section 2(1)(a) or (b) of the Local Government Act
20
2000 (c. 22) (promotion of economic and social well-being) which is similar in
nature to anything which could be done by the authority in the performance of
the function in question.
(3)
In this Chapter “related activity”, in relation to a function within subsection
(1)(c), (d) or (e), means anything done in any place by, or pursuant to
25
arrangements made by, the authority under section 2(1)(a) or (b) of that Act
which—
(a)
is similar in nature to anything which could be done by the authority in
the performance of the function in question, and
(b)
is done for or in relation to—
30
(i)
persons aged under 18, or
(ii)
persons aged 18 or over in relation to whom the authority has
functions under sections 23C to 24D of the Children Act 1989.
(4)
On the coming into force of this Chapter the Commission for Social Care
Inspection is to cease to have functions under Chapter 5 of Part 2 of the Health
35
and Social Care (Community Health and Standards) Act 2003 (c. 43) in relation
to anything which may be inspected by the Chief Inspector under this Chapter.
Inspections and annual reviews
122
Inspection of local authorities in England
(1)
The Chief Inspector may inspect—
40
(a)
the overall performance by any local authority in England of the
functions to which this Chapter applies, or

Education and Inspections Bill
Part 8 — Inspections
Chapter 4 — Inspection and review of Local Authorities in England
87

(b)
the performance by any such authority of any particular function or
functions comprised in the functions to which this Chapter applies.
(2)
An inspection under subsection (1) of the performance by an authority of any
function must include an inspection of any related activity.
(3)
When requested to do so by the Secretary of State, the Chief Inspector must
5
conduct an inspection under this section in relation to the local authority
specified in the request.
(4)
Such a request may specify particular matters which the Chief Inspector must
inspect.
123
Reports of inspections under section 122
10
(1)
On completing an inspection under section 122, the Chief Inspector must make
a written report on the matters which were the subject of the inspection.
(2)
The Chief Inspector must send copies of the report to—
(a)
the local authority in England which was inspected, and
(b)
the Secretary of State.
15
(3)
Where an authority receive a copy of a report under this section, they must
prepare a written statement of—
(a)
the action which they propose to take in the light of the report, and
(b)
the period within which they propose to take that action.
(4)
The authority must publish—
20
(a)
the report, and
(b)
the statement prepared under subsection (3),

within such period, and in such manner, as may be prescribed by regulations
made by the Secretary of State.
(5)
Such regulations may provide for the authority to charge a reasonable fee for
25
providing a person with a copy of a document published under subsection (4).
(6)
The Chief Inspector may arrange for any report under this section to be
published in such manner as he considers appropriate.
124
Annual reviews of local authorities in England
(1)
In each financial year the Chief Inspector must review the overall performance
30
by each local authority in England of the functions to which this Chapter
applies.
(2)
A review under subsection (1) of the performance of functions must include a
review of related activities.
(3)
After conducting a review under this section in relation to an authority the
35
Chief Inspector must award the authority a performance rating in respect of
the matters reviewed.
(4)
In this section “financial year” means a period of 12 months ending with 31st
March in any year.

Education and Inspections Bill
Part 8 — Inspections
Chapter 4 — Inspection and review of Local Authorities in England
88

Powers of entry etc.
125
Power of entry
(1)
This section applies to—
(a)
any inspection conducted by the Chief Inspector under section 122, and
(b)
any review conducted by him under section 124.
5
(2)
The Chief Inspector may, at any reasonable time, enter any premises for the
purposes of the inspection or review, other than any premises excluded by
subsection (3).
(3)
The premises excluded by this subsection are any domestic premises that are
not a school (within the meaning of EA 1996).
10
126
Power to inspect documents, etc.
(1)
This section applies to—
(a)
any inspection conducted by the Chief Inspector under section 122, and
(b)
any review conducted by him under section 124.
(2)
If the Chief Inspector considers it necessary or expedient for the purposes of
15
the inspection or review, he may do any of the following—
(a)
inspect, take copies of, or take away any documents which—
(i)
relate to the performance by the local authority being inspected
or reviewed of any function to which this Chapter applies, or to
any related activity, and
20
(ii)
are on any premises in relation to which he exercises his power
of entry under section 125,
(b)
inspect or take away any other item which is on the premises,
(c)
interview in private—
(i)
any person working on the premises, or
25
(ii)
(subject to subsection (3)) any person accommodated or cared
for there, and
(d)
make any other examination into the state and management of the
premises and treatment of persons accommodated or cared for there.
(3)
Subsection (2)(c)(ii) does not apply unless consent to the interview is given by
30
or on behalf of the person concerned.
(4)
The power in subsection (2)(a) includes—
(a)
power to require any person holding or accountable for any documents
kept on the premises to produce them, and
(b)
in relation to documents kept by means of a computer, power to require
35
them to be produced in a form in which they are legible and can be
taken away.
(5)
In connection with inspecting any such documents, the Chief Inspector—
(a)
may obtain access to, and inspect and check the operation of, any
computer and associated apparatus or material which he considers is or
40
has been in use in connection with the documents, and
(b)
may require a person within subsection (6) to afford him such
reasonable assistance as he may require for that purpose.

Education and Inspections Bill
Part 8 — Inspections
Chapter 4 — Inspection and review of Local Authorities in England
89

(6)
A person is within this subsection if he is—
(a)
the person by whom or on whose behalf the computer is or has been
used, or
(b)
a person having charge of, or otherwise concerned with the operation
of, the computer, apparatus or material.
5
(7)
The Chief Inspector may—
(a)
require any person to afford him such facilities and assistance with
respect to matters within the person’s control as are necessary to enable
him to exercise his powers under section 125 or this section, and
(b)
take such measurements and photographs and make such recordings
10
as he considers necessary to enable him to exercise those powers.
(8)
The powers conferred by this section may be exercised by the Chief Inspector
at reasonable times only; and a person may not be required to do anything in
pursuance of any provision of this section otherwise than at a reasonable time.
(9)
Any person who without reasonable excuse—
15
(a)
obstructs the exercise of any power conferred by section 125 or this
section, or
(b)
fails to comply with any requirement imposed under this section,

is guilty of an offence and liable on summary conviction to a fine not exceeding
level 4 on the standard scale.
20
Supplementary
127
Power to require information etc.
(1)
The Chief Inspector may at any time require any person within subsection (2)
to provide him with any information, documents or other items—
(a)
which relates or relate to the performance by a local authority in
25
England of any of the functions to which this Chapter applies or any
related activity, and
(b)
which the Chief Inspector considers it necessary or expedient to have
for the purposes of, or in connection with, the performance by him of
any function under this Chapter.
30
(2)
The persons within this subsection are—
(a)
the local authority;
(b)
any person with whom the authority have entered into arrangements—
(i)
in the performance of any of the functions to which this Chapter
applies, or
35
(ii)
in connection with any related activity.
(3)
The power in subsection (1) includes, in relation to documents kept by means
of a computer, power to require them to be produced in a form in which they
are legible and can be taken away.
(4)
Any person who without reasonable excuse fails to comply with any
40
requirement imposed by virtue of this section is guilty of an offence and liable
on summary conviction to a fine not exceeding level 4 on the standard scale.