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Inspection and review of Local Authorities in England |
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Functions to which this Chapter applies |
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126 | Functions to which this Chapter applies and related activities |
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(1) | This Chapter applies to the following functions of a local authority in |
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(a) | the functions conferred on the authority under Part 1 of the Childcare |
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(b) | the functions conferred on or exercisable by the authority in their |
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capacity as a local education authority, |
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(c) | the functions conferred on the authority under sections 10, 12 and 17 to |
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19 of the Children Act 2004 (c. 31), |
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(d) | the social services functions (within the meaning of the Local Authority |
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Social Services Act 1970 (c. 42)) of the authority, so far as relating to |
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(e) | (whether or not within paragraph (d)) functions conferred on or |
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exercisable by the authority under the Children Act 1989 (c. 41), the |
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Adoption (Intercountry Aspects) Act 1999 (c. 18) or the Adoption and |
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Children Act 2002 (c. 38) and functions continuing to be exercisable by |
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the authority under the Adoption Act 1976 (c. 36), and |
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(f) | such other functions of the authority as may be prescribed by |
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regulations made by the Secretary of State. |
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(2) | In this Chapter “related activity”, in relation to a function to which this Chapter |
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applies, means (subject to subsections (3) and (4)) anything done in any place |
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by, or pursuant to arrangements made by, the authority under section 2(1)(a) |
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or (b) of the Local Government Act 2000 (c. 22) (promotion of economic and |
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social well-being) which is similar in nature to anything which could be done |
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by the authority in the performance of the function in question. |
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(3) | In relation to a function within subsection (1)(c), (d) or (e), anything done as |
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mentioned in subsection (2) is a “related activity” only if it is done in relation |
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to or for the benefit of— |
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(a) | persons aged under 18, |
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(b) | persons aged 18 or over in relation to whom the authority have |
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functions under any of sections 23C to 24D of the Children Act 1989, or |
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(c) | persons not within paragraph (a) or (b) in connection with adoption or |
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| In paragraph (c) “special guardianship” means special guardianship under |
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sections 14A to 14G of the Children Act 1989. |
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(4) | In relation to a function prescribed by regulations under subsection (1)(f), |
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anything done as mentioned in subsection (2) is a “related activity” only if it is |
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prescribed as such by the regulations. |
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(5) | On the coming into force of this Chapter the Commission for Social Care |
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Inspection is to cease to have functions under Chapter 5 of Part 2 of the Health |
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and Social Care (Community Health and Standards) Act 2003 (c. 43) in relation |
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to anything which may be inspected by the Chief Inspector under this Chapter. |
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Inspections and annual reviews |
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127 | Inspection of local authorities in England |
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(1) | The Chief Inspector may inspect— |
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(a) | the overall performance by any local authority in England of the |
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functions to which this Chapter applies, or |
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(b) | the performance by any such authority of any particular function or |
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functions comprised in the functions to which this Chapter applies. |
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(2) | An inspection under subsection (1) of the performance by an authority of any |
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function must include an inspection of any related activity. |
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(3) | When requested to do so by the Secretary of State, the Chief Inspector must |
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conduct an inspection under this section in relation to the local authority |
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specified in the request. |
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(4) | Such a request may specify particular matters which the Chief Inspector must |
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128 | Reports of inspections under section 127 |
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(1) | On completing an inspection under section 127, the Chief Inspector must make |
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a written report on the matters which were the subject of the inspection. |
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(2) | The Chief Inspector must send copies of the report to— |
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(a) | the local authority in England which was inspected, and |
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(b) | the Secretary of State. |
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(3) | Where an authority receive a copy of a report under this section, they must |
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prepare a written statement of— |
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(a) | the action which they propose to take in the light of the report, and |
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(b) | the period within which they propose to take that action. |
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(4) | The authority must publish— |
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(b) | the statement prepared under subsection (3), |
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| within such period, and in such manner, as may be prescribed by regulations |
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made by the Secretary of State. |
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(5) | Such regulations may provide for the authority to charge a reasonable fee for |
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providing a person with a copy of a document published under subsection (4). |
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(6) | The Chief Inspector may arrange for any report under this section to be |
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published in such manner as he considers appropriate. |
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129 | Annual reviews of local authorities in England |
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(1) | In each financial year the Chief Inspector must review the overall performance |
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by each local authority in England of the functions to which this Chapter |
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(2) | A review under subsection (1) of the performance of functions must include a |
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review of related activities. |
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(3) | After conducting a review under this section in relation to an authority the |
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Chief Inspector must award the authority a performance rating in respect of |
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(4) | In this section “financial year” means a period of 12 months ending with 31st |
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(1) | This section applies to— |
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(a) | any inspection conducted by the Chief Inspector under section 127, and |
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(b) | any review conducted by him under section 129. |
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(2) | The Chief Inspector may, at any reasonable time, enter any premises for the |
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purposes of the inspection or review, other than any premises excluded by |
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(3) | The premises excluded by this subsection are any domestic premises that are |
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not a school (within the meaning of EA 1996). |
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131 | Power to inspect documents, etc. |
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(1) | This section applies to— |
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(a) | any inspection conducted by the Chief Inspector under section 127, and |
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(b) | any review conducted by him under section 129. |
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(2) | If the Chief Inspector considers it necessary or expedient for the purposes of |
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the inspection or review, he may do any of the following— |
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(a) | inspect, take copies of, or take away any documents which— |
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(i) | relate to the performance by the local authority being inspected |
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or reviewed of any function to which this Chapter applies, or to |
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any related activity, and |
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(ii) | are on any premises in relation to which he exercises his power |
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of entry under section 130, |
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(b) | inspect or take away any other item which is on the premises, |
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(c) | interview in private— |
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(i) | any person working on the premises, or |
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(ii) | (subject to subsection (3)) any person accommodated or cared |
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(d) | make any other examination into the state and management of the |
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premises and treatment of persons accommodated or cared for there. |
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(3) | Subsection (2)(c)(ii) does not apply unless consent to the interview is given by |
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or on behalf of the person concerned. |
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(4) | The power in subsection (2)(a) includes— |
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(a) | power to require any person holding or accountable for any documents |
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kept on the premises to produce them, and |
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(b) | in relation to documents kept by means of a computer, power to require |
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them to be produced in a form in which they are legible and can be |
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(5) | In connection with inspecting any such documents, the Chief Inspector— |
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(a) | may obtain access to, and inspect and check the operation of, any |
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computer and associated apparatus or material which he considers is or |
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has been in use in connection with the documents, and |
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(b) | may require a person within subsection (6) to afford him such |
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reasonable assistance as he may require for that purpose. |
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(6) | A person is within this subsection if he is— |
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(a) | the person by whom or on whose behalf the computer is or has been |
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(b) | a person having charge of, or otherwise concerned with the operation |
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of, the computer, apparatus or material. |
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(7) | The Chief Inspector may— |
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(a) | require any person to afford him such facilities and assistance with |
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respect to matters within the person’s control as are necessary to enable |
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him to exercise his powers under section 130 or this section, and |
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(b) | take such measurements and photographs and make such recordings |
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as he considers necessary to enable him to exercise those powers. |
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(8) | The powers conferred by this section may be exercised by the Chief Inspector |
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at reasonable times only; and a person may not be required to do anything in |
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pursuance of any provision of this section otherwise than at a reasonable time. |
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(9) | Any person who without reasonable excuse— |
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(a) | obstructs the exercise of any power conferred by section 130 or this |
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(b) | fails to comply with any requirement imposed under this section, |
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| is guilty of an offence and liable on summary conviction to a fine not exceeding |
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level 4 on the standard scale. |
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132 | Power to require information etc. |
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(1) | The Chief Inspector may at any time require any person within subsection (2) |
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to provide him with any information, documents or other items— |
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(a) | which relates or relate to the performance by a local authority in |
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England of any of the functions to which this Chapter applies or any |
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(b) | which the Chief Inspector considers it necessary or expedient to have |
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for the purposes of, or in connection with, the performance by him of |
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any function under this Chapter. |
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(2) | The persons within this subsection are— |
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(b) | any person with whom the authority have entered into arrangements— |
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(i) | in the performance of any of the functions to which this Chapter |
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(ii) | in connection with any related activity. |
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(3) | The power in subsection (1) includes, in relation to documents kept by means |
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of a computer, power to require them to be produced in a form in which they |
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are legible and can be taken away. |
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(4) | Any person who without reasonable excuse fails to comply with any |
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requirement imposed by virtue of this section is guilty of an offence and liable |
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on summary conviction to a fine not exceeding level 4 on the standard scale. |
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(1) | In this Chapter “related activity”, in relation to a function of a local authority to |
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which this Chapter applies, has the meaning given by section 126(2) to (4). |
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(2) | For the purposes of this Chapter, references to the performance by a local |
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authority in England of any function include references to— |
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(a) | anything done in any place by the authority in the performance of the |
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(b) | anything done in any place by another person pursuant to |
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arrangements made by the authority in the performance of the |
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(3) | This Chapter applies in relation to the Isles of Scilly subject to such |
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modifications as may be specified by order made by the Secretary of State. |
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Inspection of CAFCASS functions |
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134 | Inspection of CAFCASS functions |
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(1) | The Chief Inspector must inspect the performance of CAFCASS functions. |
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(2) | On completing an inspection under this section, the Chief Inspector must make |
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(3) | The Chief Inspector must send copies of the report to— |
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(a) | the Secretary of State, and |
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(4) | The Chief Inspector must arrange for the report to be published in such manner |
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as he considers appropriate. |
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(a) | “CAFCASS” means the Children and Family Court Advisory and |
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(b) | “CAFCASS functions” means the functions of CAFCASS and its |
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(1) | This section applies to an inspection conducted by the Chief Inspector under |
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(2) | The Chief Inspector may, at any reasonable time, enter for the purposes of the |
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(a) | any premises occupied by CAFCASS, |
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(b) | any premises occupied by any organisation with whom arrangements |
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have been made under section 13 of the 2000 Act (other powers of |
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CAFCASS) in respect of the performance of any CAFCASS functions, |
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and so occupied in connection with the performance of any such |
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(c) | any premises occupied by any individual in connection with the |
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performance of functions of an officer of the Service in accordance with |
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arrangements under that section. |
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(3) | Subsection (2) does not confer a power of entry to any part of any domestic |
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(4) | In this section and section 136 “officer of the Service” is to be construed in |
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accordance with section 11(3) of the 2000 Act (establishment of CAFCASS). |
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(5) | In this section “the 2000 Act” means the Criminal Justice and Court Services |
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136 | Power to inspect documents, etc. |
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(1) | This section applies to any inspection conducted by the Chief Inspector under |
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(2) | If the Chief Inspector considers it necessary or expedient for the purposes of |
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the inspection, he may inspect, take copies of, or take away any documents |
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kept by CAFCASS, or otherwise relating to the performance of CAFCASS |
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(a) | are on any premises in relation to which he exercises his power of entry |
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(b) | are kept by an officer of the Service on domestic premises. |
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(3) | The power in subsection (2) includes— |
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(a) | power to require any person holding or accountable for any documents |
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kept on the premises to produce them, and |
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(b) | in relation to documents kept by means of a computer, power to require |
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them to be produced in a form in which they are legible and can be |
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(4) | In connection with inspecting any such documents the Chief Inspector— |
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(a) | may obtain access to, and inspect and check the operation of, any |
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computer and associated apparatus or material which he considers is or |
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has been in use in connection with the documents; and |
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(b) | may require a person within subsection (6) to afford him such |
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reasonable assistance as he may require for that purpose. |
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(5) | Where any such computer, apparatus or material is kept on domestic |
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(a) | subsection (4) does not apply, but |
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(b) | the Chief Inspector may require a person within subsection (6) to give |
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him possession of it for the purpose of inspecting it and checking its |
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(6) | A person is within this subsection if he is— |
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(a) | the person by whom or on whose behalf the computer is or has been |
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(b) | a person having charge of, or otherwise concerned with the operation |
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of, the computer, apparatus or material. |
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(7) | Where the Chief Inspector takes possession of anything under subsection (5)— |
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(a) | he may retain it for as long as he considers that it is necessary to retain |
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it for the purposes of the inspection under section 134, but |
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(b) | once he considers that it is no longer necessary to retain it for that |
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purpose, he must arrange for it to be returned to the person from whose |
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(8) | The powers conferred by this section may be exercised by the Chief Inspector |
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at reasonable times only; and a person may not be required to do anything in |
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pursuance of any provision of this section otherwise than at a reasonable time. |
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Further provisions relating to functions of Chief Inspector |
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137 | Inspection of secure training centres |
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(1) | The Chief Inspector and the Secretary of State may make arrangements for the |
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Chief Inspector to conduct inspections of secure training centres in England. |
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(2) | Inspections under this section shall be on such terms, including terms as to |
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payments to be made to the Chief Inspector in respect of such inspections, as |
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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 |
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43(1)(d) of the Prison Act 1952 (c. 52). |
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138 | Inspection of premises in connection with adoption and fostering functions |
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(1) | The Secretary of State may by regulations require the Chief Inspector to |
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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 |
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intervals as may be specified in the regulations. |
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(2) | An inspection under this section is to be regarded for all purposes as |
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undertaken under section 127. |
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(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). |
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139 | Transfer of certain CSCI functions to the Chief Inspector |
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(1) | The functions of the CSCI under Part 2 of the Care Standards Act 2000 |
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(registration and standards) as the registration authority in relation to— |
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(b) | residential family centres, |
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(d) | voluntary adoption agencies, and |
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(e) | adoption support agencies, |
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| are transferred to the Chief Inspector. |
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(2) | The Chief Inspector shall make available to the public information about |
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services of the kind provided by persons for whom he is (in accordance with |
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