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Education and Inspections Bill


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

97

 

Inspections and annual reviews

132     

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.

133     

Reports of inspections under section 132

15

(1)   

On completing an inspection under section 132, 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.

134     

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

98

 

(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.

135     

Power of entry

(1)   

This section applies to—

(a)   

any inspection conducted by the Chief Inspector under section 132, and

(b)   

any review conducted by him under section 134.

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

136     

Power to inspect documents, etc.

(1)   

This section applies to—

(a)   

any inspection conducted by the Chief Inspector under section 132, and

(b)   

any review conducted by him under section 134.

(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 135,

(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

99

 

(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 135 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 135 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

137     

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

100

 

(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.

138     

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 131(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

139     

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.

140     

Power of entry

(1)   

This section applies to an inspection conducted by the Chief Inspector under

section 139.

(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,

40

 
 

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

101

 

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 141 “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).

141     

Power to inspect documents, etc.

(1)   

This section applies to any inspection conducted by the Chief Inspector under

section 139.

(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 140, 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

102

 

(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 139, 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

142     

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).

143     

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 132.

(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).

144     

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

 
 

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

103

 

subsection (1)) the registration authority under Part 2 of the Care Standards

Act 2000.

(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.

5

(4)   

In this section “the CSCI” means the Commission for Social Care Inspection.

145     

Interaction with other authorities

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.

10

General provisions

146     

Evidence of authority

(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

15

enactment,

(b)   

any power to inspect documents so conferred, or

(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

20

showing his authority to exercise the power concerned.

(3)   

Nothing in this section applies in relation to any exercise of the power

conferred by section 137(1).

147     

Publication of inspection reports

(1)   

For the purposes of the law of defamation, a report made by the Chief Inspector

25

which—

(a)   

is published under any enactment, or

(b)   

is not so published but is made in pursuance of his functions under any

enactment,

   

is privileged unless its publication is shown to have been made with malice.

30

(2)   

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.

(3)   

Nothing in this section—

35

(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 (2).

148     

Combined reports

(1)   

Nothing in any enactment prevents the Chief Inspector from—

40

 
 

 
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