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 4 — Inspection and review of Local Authorities in England
91

Chapter 4
Inspection and review of Local Authorities in England
Functions to which this Chapter applies
126
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,
15
(e)
(whether or not within paragraph (d)) functions conferred on or
exercisable by the authority under the Children Act 1989 (c. 41), the
Adoption (Intercountry Aspects) Act 1999 (c. 18) or the Adoption and
Children Act 2002 (c. 38) and functions continuing to be exercisable by
the authority under the Adoption Act 1976 (c. 36), and
20
(f)
such other functions of the authority as may be prescribed by
regulations made by the Secretary of State.
(2)
In this Chapter “related activity”, in relation to a function to which this Chapter
applies, means (subject to subsections (3) and (4)) anything done in any place
by, or pursuant to arrangements made by, the authority under section 2(1)(a)
25
or (b) of the Local Government Act 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 relation to a function within subsection (1)(c), (d) or (e), anything done as
mentioned in subsection (2) is a “related activity” only if it is done in relation
30
to or for the benefit of—
(a)
persons aged under 18,
(b)
persons aged 18 or over in relation to whom the authority have
functions under any of sections 23C to 24D of the Children Act 1989, or
(c)
persons not within paragraph (a) or (b) in connection with adoption or
35
special guardianship.

In paragraph (c) “special guardianship” means special guardianship under
sections 14A to 14G of the Children Act 1989.
(4)
In relation to a function prescribed by regulations under subsection (1)(f),
anything done as mentioned in subsection (2) is a “related activity” only if it is
40
prescribed as such by the regulations.
(5)
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
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.
45

Education and Inspections Bill
Part 8 — Inspections
Chapter 4 — Inspection and review of Local Authorities in England
92

Inspections and annual reviews
127
Inspection of local authorities in England
(1)
The Chief Inspector may inspect—
(a)
the overall performance by any local authority in England of the
functions to which this Chapter applies, or
5
(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
10
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.
128
Reports of inspections under section 127
15
(1)
On completing an inspection under section 127, 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.
20
(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—
25
(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
30
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.
129
Annual reviews of local authorities in England
(1)
In each financial year the Chief Inspector must review the overall performance
35
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.

Education and Inspections Bill
Part 8 — Inspections
Chapter 4 — Inspection and review of Local Authorities in England
93

(3)
After conducting a review under this section in relation to an authority the
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.
5
Powers of entry etc.
130
Power of entry
(1)
This section applies to—
(a)
any inspection conducted by the Chief Inspector under section 127, and
(b)
any review conducted by him under section 129.
10
(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).
15
131
Power to inspect documents, etc.
(1)
This section applies to—
(a)
any inspection conducted by the Chief Inspector under section 127, and
(b)
any review conducted by him under section 129.
(2)
If the Chief Inspector considers it necessary or expedient for the purposes of
20
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
25
(ii)
are on any premises in relation to which he exercises his power
of entry under section 130,
(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
30
(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
35
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
40
them to be produced in a form in which they are legible and can be
taken away.

Education and Inspections Bill
Part 8 — Inspections
Chapter 4 — Inspection and review of Local Authorities in England
94

(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
has been in use in connection with the documents, and
(b)
may require a person within subsection (6) to afford him such
5
reasonable assistance as he may require for that purpose.
(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
10
of, the computer, apparatus or material.
(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 130 or this section, and
15
(b)
take such measurements and photographs and make such recordings
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.
20
(9)
Any person who without reasonable excuse—
(a)
obstructs the exercise of any power conferred by section 130 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
25
level 4 on the standard scale.
Supplementary
132
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—
30
(a)
which relates or relate to the performance by a local authority in
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
35
any function under this Chapter.
(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
40
applies, or
(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.
45

Education and Inspections Bill
Part 8 — Inspections
Chapter 5 — Inspection of CAFCASS functions
95

(4)
Any person who without reasonable excuse fails to comply with any
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.
133
Interpretation etc.
(1)
In this Chapter “related activity”, in relation to a function of a local authority to
5
which this Chapter applies, has the meaning given by section 126(2) to (4).
(2)
For the purposes of this Chapter, references to the performance by a local
authority in England of any function include references to—
(a)
anything done in any place by the authority in the performance of the
function, and
10
(b)
anything done in any place by another person pursuant to
arrangements made by the authority in the performance of the
function.
(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.
15
Chapter 5
Inspection of CAFCASS functions
134
Inspection of CAFCASS functions
(1)
The Chief Inspector must inspect the performance of CAFCASS functions.
(2)
On completing an inspection under this section, the Chief Inspector must make
20
a written report on it.
(3)
The Chief Inspector must send copies of the report to—
(a)
the Secretary of State, and
(b)
CAFCASS.
(4)
The Chief Inspector must arrange for the report to be published in such manner
25
as he considers appropriate.
(5)
In this Chapter—
(a)
“CAFCASS” means the Children and Family Court Advisory and
Support Service, and
(b)
“CAFCASS functions” means the functions of CAFCASS and its
30
officers.
135
Power of entry
(1)
This section applies to an inspection conducted by the Chief Inspector under
section 134.
(2)
The Chief Inspector may, at any reasonable time, enter for the purposes of the
35
inspection—
(a)
any premises occupied by CAFCASS,
(b)
any premises occupied by any organisation with whom arrangements
have been made under section 13 of the 2000 Act (other powers of
CAFCASS) in respect of the performance of any CAFCASS functions,
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Education and Inspections Bill
Part 8 — Inspections
Chapter 5 — Inspection of CAFCASS functions
96

and so occupied in connection with the performance of any such
functions, or
(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.
5
(3)
Subsection (2) does not confer a power of entry to any part of any domestic
premises.
(4)
In this section and section 136 “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
10
Act 2000 (c. 43).
136
Power to inspect documents, etc.
(1)
This section applies to any inspection conducted by the Chief Inspector under
section 134.
(2)
If the Chief Inspector considers it necessary or expedient for the purposes of
15
the inspection, he may inspect, take copies of, or take away any documents
kept by CAFCASS, or otherwise relating to the performance of CAFCASS
functions, which—
(a)
are on any premises in relation to which he exercises his power of entry
under section 135, or
20
(b)
are kept by an officer of the Service on domestic premises.
(3)
The power in subsection (2) 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
25
them to be produced in a form in which they are legible and can be
taken away.
(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
30
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.
(5)
Where any such computer, apparatus or material is kept on domestic
premises—
35
(a)
subsection (4) does not apply, but
(b)
the Chief Inspector may require a person within subsection (6) to give
him possession of it for the purpose of inspecting it and checking its
operation.
(6)
A person is within this subsection if he is—
40
(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.
(7)
Where the Chief Inspector takes possession of anything under subsection (5)—
45

Education and Inspections Bill
Part 8 — Inspections
Chapter 6 — Further provisions relating to functions of Chief Inspector
97

(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 134, but
(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.
5
(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.
Chapter 6
Further provisions relating to functions of Chief Inspector
10
Functions
137
Inspection of secure training centres
(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
15
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.
(3)
In this section “secure training centre” has the same meaning as in section
43(1)(d) of the Prison Act 1952 (c. 52).
138
Inspection of premises in connection with adoption and fostering functions
20
(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
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
25
undertaken under section 127.
(3)
In this section “relevant functions”, in relation to a local authority, has the same
meaning as in Part 3 of the Care Standards Act 2000 (c. 14).
139
Transfer of certain CSCI functions to the Chief Inspector
(1)
The functions of the CSCI under Part 2 of the Care Standards Act 2000
30
(registration and standards) as the registration authority in relation to—
(a)
children’s homes,
(b)
residential family centres,
(c)
fostering agencies,
(d)
voluntary adoption agencies, and
35
(e)
adoption support agencies,

are transferred to the Chief Inspector.
(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