Education and Inspections Bill

House of Commons

Session 2005 - 06
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Other Bills before Parliament

Education and Inspections Bill

Education and Inspections Bill
Part 8 — Inspections
Chapter 5 — Inspection of CAFCASS functions
90

128
Interpretation etc.
(1)
In this Chapter “related activity”, in relation to a function of a local authority to
which this Chapter applies, has the meaning given by section 121(2) and (3).
(2)
For the purposes of this Chapter, references to the performance by a local
authority in England of any function include references to—
5
(a)
anything done in any place by the authority in the performance of the
function, and
(b)
anything done in any place by another person pursuant to
arrangements made by the authority in the performance of the
function.
10
(3)
This Chapter applies in relation to the Isles of Scilly subject to such
modifications as may be specified by order made by the Secretary of State.
Chapter 5
Inspection of CAFCASS functions
129
Inspection of CAFCASS functions
15
(1)
The Chief Inspector must inspect the performance of CAFCASS functions.
(2)
On completing an inspection under this section, the Chief Inspector must make
a written report on it.
(3)
The Chief Inspector must send copies of the report to—
(a)
the Secretary of State, and
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(b)
CAFCASS.
(4)
The Chief Inspector must arrange for the report to be published in such manner
as he considers appropriate.
(5)
In this Chapter—
(a)
“CAFCASS” means the Children and Family Court Advisory and
25
Support Service, and
(b)
“CAFCASS functions” means the functions of CAFCASS and its
officers.
130
Power of entry
(1)
This section applies to an inspection conducted by the Chief Inspector under
30
section 129.
(2)
The Chief Inspector may, at any reasonable time, enter for the purposes of the
inspection—
(a)
any premises occupied by CAFCASS,
(b)
any premises occupied by any organisation with whom arrangements
35
have been made under section 13 of the 2000 Act (other powers of
CAFCASS) in respect of the performance of any CAFCASS functions,
and so occupied in connection with the performance of any such
functions, or

Education and Inspections Bill
Part 8 — Inspections
Chapter 5 — Inspection of CAFCASS functions
91

(c)
any premises occupied by any individual in connection with the
performance of functions of an officer of the Service in accordance with
arrangements under that section.
(3)
Subsection (2) does not confer a power of entry to any part of any domestic
premises.
5
(4)
In this section and section 131 “officer of the Service” is to be construed in
accordance with section 11(3) of the 2000 Act (establishment of CAFCASS).
(5)
In this section “the 2000 Act” means the Criminal Justice and Court Services
Act 2000 (c. 43).
131
Power to inspect documents, etc.
10
(1)
This section applies to any inspection conducted by the Chief Inspector under
section 129.
(2)
If the Chief Inspector considers it necessary or expedient for the purposes of
the inspection, he may inspect, take copies of, or take away any documents
kept by CAFCASS, or otherwise relating to the performance of CAFCASS
15
functions, which—
(a)
are on any premises in relation to which he exercises his power of entry
under section 130, or
(b)
are kept by an officer of the Service on domestic premises.
(3)
The power in subsection (2) includes—
20
(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
them to be produced in a form in which they are legible and can be
taken away.
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(4)
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
has been in use in connection with the documents; and
(b)
may require a person within subsection (6) to afford him such
30
reasonable assistance as he may require for that purpose.
(5)
Where any such computer, apparatus or material is kept on domestic
premises—
(a)
subsection (4) does not apply, but
(b)
the Chief Inspector may require a person within subsection (6) to give
35
him possession of it for the purpose of inspecting it and checking its
operation.
(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
40
(b)
a person having charge of, or otherwise concerned with the operation
of, the computer, apparatus or material.
(7)
Where the Chief Inspector takes possession of anything under subsection (5)—
(a)
he may retain it for as long as he considers that it is necessary to retain
it for the purposes of the inspection under section 129, but
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Education and Inspections Bill
Part 8 — Inspections
Chapter 6 — Further provisions relating to functions of Chief Inspector
92

(b)
once he considers that it is no longer necessary to retain it for that
purpose, he must arrange for it to be returned to the person from whose
possession it was taken.
(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
5
pursuance of any provision of this section otherwise than at a reasonable time.
Chapter 6
Further provisions relating to functions of Chief Inspector
Functions
132
Inspection of secure training centres
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(1)
The Chief Inspector and the Secretary of State may make arrangements for the
Chief Inspector to conduct inspections of secure training centres in England.
(2)
Inspections under this section shall be on such terms, including terms as to
payments to be made to the Chief Inspector in respect of such inspections, as
the Chief Inspector and the Secretary of State may agree in the arrangements.
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(3)
In this section “secure training centre” has the same meaning as in section
43(1)(d) of the Prison Act 1952 (c. 52).
133
Inspection of premises in connection with adoption and fostering functions
(1)
The Secretary of State may by regulations require the Chief Inspector to
arrange for premises which are used by a local authority in England in its
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performance of relevant functions to be inspected on such occasions or at such
intervals as may be specified in the regulations.
(2)
An inspection under this section is to be regarded for all purposes as
undertaken under section 122.
(3)
In this section “relevant functions”, in relation to a local authority, has the same
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meaning as in Part 3 of the Care Standards Act 2000 (c. 14).
134
Transfer of certain CSCI functions to the Chief Inspector
(1)
The functions of the CSCI under Part 2 of the Care Standards Act 2000
(registration and standards) as the registration authority in relation to—
(a)
children’s homes,
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(b)
residential family centres,
(c)
fostering agencies,
(d)
voluntary adoption agencies, and
(e)
adoption support agencies,

are transferred to the Chief Inspector.
35
(2)
The Chief Inspector shall make available to the public information about
services of the kind provided by persons for whom he is (in accordance with
subsection (1)) the registration authority under Part 2 of the Care Standards
Act 2000.

Education and Inspections Bill
Part 8 — Inspections
Chapter 6 — Further provisions relating to functions of Chief Inspector
93

(3)
The functions of the CSCI under sections 65 and 87 to 87D of the Children Act
1989 (c. 41) (functions relating to children’s homes, boarding schools and
colleges) are transferred to the Chief Inspector.
(4)
In this section “the CSCI” means the Commission for Social Care Inspection.
135
Interaction with other authorities
5
Schedule 13 contains provisions authorising or requiring the Chief Inspector to
take certain action in relation to other authorities, including the carrying out of
inspections under arrangements with them.
General provisions
136
Evidence of authority
10
(1)
This section applies to any person exercising (in accordance with paragraph 9
of Schedule 12)—
(a)
any power of entry conferred on the Chief Inspector by virtue of any
enactment,
(b)
any power to inspect documents so conferred, or
15
(c)
any power so conferred in connection with the inspection of
documents.
(2)
Any such person must, if so required, produce a duly authenticated document
showing his authority to exercise the power concerned.
(3)
Nothing in this section applies in relation to any exercise of the power
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conferred by section 127(1).
137
Publication of inspection reports
(1)
For the purposes of the law of defamation, a report made by the Chief Inspector
which—
(a)
is published under a provision to which this section applies, or
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(b)
is not so published but is made as a result of such a provision,

is privileged unless its publication is shown to have been made with malice.
(2)
This section applies to any provision of—
(a)
this Part, or
(b)
Part 2 of the Care Standards Act 2000 (registration of establishments
30
and agencies).
(3)
Where by virtue of any enactment the Chief Inspector has power to arrange for
a report made by him to be published in a manner determined by him, he may
(if he considers it appropriate to do so) arrange for the report to be published
by electronic means only.
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(4)
Nothing in this section—
(a)
limits any privilege subsisting apart from subsection (1), or
(b)
prejudices the generality of any power of the Chief Inspector subsisting
apart from subsection (3).