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Education and Inspections Act 2006

Type Public General Act

Publication 2006-11-08

Last updated 2024-11-27

State In force

Department Statute Law Database

Source legislation.gov.uk

articles Not indexed

Reform history JSON API

(22A) (1) The appropriate person may by regulations make further provision about the exercise by local authorities and the governing bodies of relevant schools of their functions relating to— (a) parenting contracts under section 19, and (b) parenting orders under section 20. (2) The provision that may be made under subsection (1) includes— (a) provision limiting the power of a local authority to enter into a parenting contract, or apply for a parenting order, in prescribed cases where— (i) the school by reference to which the contract is entered into or the application is made is not in the area of the authority, or (ii) the child by reference to whom the contract is entered into or the application is made does not reside in that area; (b) provision as to which governing body may apply for a parenting order in cases where a pupil has been admitted to a relevant school after being permanently excluded from another; (c) provision requiring one local authority or governing body to consult with another before taking any prescribed step; (d) provision authorising or requiring the provision of information by one local authority or governing body to another; (e) provision as to how the costs associated with parenting contracts entered into by local authorities or governing bodies of relevant schools or the costs associated with the requirements of parenting orders under section 20 (including in each case the costs of providing counselling or guidance programmes) are to be met. (3) In subsection (2), “prescribed” means prescribed by regulations made by the appropriate person under subsection (1).

(4) In section 24 (interpretation)—

(a) for “sections 19 to 21” substitute “ sections 19 to 22A ”, and

(b) after the definition of “child of compulsory school age” insert—

“governing body”, in relation to a relevant school which is an Academy, a city technology college or a city college for the technology of the arts, means the proprietor of the school, as defined by section 579(1) of the 1996 Act;

Excluded pupils

Duty of governing body or proprietor where pupil excluded for fixed period

100

(1) Except in prescribed cases, the governing body of a relevant school in England must make arrangements for the provision of suitable full-time education for pupils of compulsory school age who are excluded from the school for a fixed period on disciplinary grounds.

(2) The education referred to in subsection (1) must be provided from a day that, in relation to the pupil concerned, is determined in accordance with regulations.

(3) The education must not be provided at the school unless it is provided there in pursuance of arrangements which—

(a) are made jointly with the governing body of at least one other relevant school, and

(b) make provision for the education of pupils excluded on disciplinary grounds from any of the schools that are parties to the arrangements.

(4) In determining what arrangements to make under subsection (1) in the case of any pupil, a governing body must have regard to any guidance given from time to time by the Secretary of State.

(5) In this section—

“governing body”, in relation to a relevant school which is an Academy school, an alternative provision Academy, a city technology college or a city college for the technology of the arts, means proprietor;

“prescribed” means prescribed by regulations;

“regulations” means regulations made by the Secretary of State;

“relevant school” does not include a pupil referral unit;

“suitable full-time education”, in relation to a pupil, means efficient full-time education suitable to his age, ability and aptitude and to any special educational needs he may have.

Duty of local education authority in relation to excluded pupils

101

(1) Section 19 of EA 1996 (exceptional provision of education in pupil referral units or elsewhere) is amended as follows.

(2) After subsection (3) insert—

(3A) In relation to England, the duty imposed by subsection (1) includes, except in prescribed cases, a duty to make arrangements for the provision of suitable full-time education at school or otherwise than at school for— (a) children of compulsory school age who have been permanently excluded on disciplinary grounds from relevant schools or pupil referral units, and have not subsequently been admitted to schools other than pupil referral units, and (b) children of compulsory school age who are excluded for a fixed period on disciplinary grounds from any pupil referral unit maintained by the authority. (3B) The education referred to in subsection (3A) must be provided from a day that, in relation to the pupil concerned, is determined in accordance with regulations.

(3) For subsection (6) substitute—

(6) In this section— - “relevant school” means— 1. a maintained school, 2. an Academy, 3. a city technology college, or 4. a city college for the technology of the arts; - “suitable education”, in relation to a child or young person, means efficient education suitable to his age, ability and aptitude and to any special educational needs he may have (and “suitable full-time education” is to be read accordingly).

Reintegration interviews

102

(1) Regulations may require the head teacher of a relevant school in prescribed cases to request any parent of a temporarily excluded pupil to attend an interview (“a reintegration interview”) at the school with the head teacher of the school or any other person authorised by the head teacher.

(2) The purpose of a reintegration interview is to assist the reintegration of the pupil after the period of exclusion and to promote the improvement of his behaviour.

(3) Regulations under this section may make provision about the time within which any reintegration interview must be held, the procedure for arranging the interview and the notification of any request to the parent.

(4) In this section—

“prescribed” means prescribed by regulations;

“regulations” means regulations made—in relation to England, by the Secretary of State, orin relation to Wales, by the Assembly;

“a temporarily excluded pupil” means a pupil who is or has been excluded on disciplinary grounds for a fixed period.

Duty of parent in relation to excluded pupil

103

(1) This section applies where—

(a) a pupil of compulsory school age (“the excluded pupil”) is excluded on disciplinary grounds from a relevant school in England, whether for a fixed period or permanently, and

(b) notice under section 104 has been given to a parent of the pupil.

(2) The parent of the excluded pupil must ensure that the pupil is not present in a public place at any time during school hours on a day which—

(a) is one of the first five school days to which the exclusion mentioned in subsection (1)(a) relates or, where that exclusion is for a fixed period of five days or less, any of the days to which the exclusion relates, and

(b) is stated in the notice under section 104 to be a day on which the parent is subject to this subsection.

(3) If the excluded pupil is present in a public place at any time during school hours on a school day falling within subsection (2), the parent commits an offence.

(4) It is a defence for a person charged with an offence under subsection (3) to prove that he had a reasonable justification for his failure to comply with the duty imposed by subsection (2).

(5) A person guilty of an offence under subsection (3) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(6) Proceedings for an offence under subsection (3) may not be instituted except by a local authority.

(7) Where the excluded pupil is excluded during the course of a school day but before the beginning of any afternoon session on that day, that day is to be treated for the purposes of subsection (2)(a) as the first day to which the exclusion relates.

(8) In this section—

“parent”, in relation to a pupil, does not include any person who is not an individual;

“public place” means—any highway, andany place to which at the material time the public or any section of the public have access, on payment or otherwise, as of right or by virtue of express or implied permission;

“school hours” means any time during a school session of the school referred to in subsection (1)(a) or during a break between sessions of that school on the same day.

Notice to parent relating to excluded pupil

104

(1) The head teacher of a relevant school in England, on excluding from the school a pupil of compulsory school age, must give the parent by the prescribed time a notice in writing complying with subsections (2) and (3) and containing such other information as may be prescribed.

(2) Where the appropriate authority are or will be obliged under the relevant enactment to make arrangements for the provision of full-time education for the excluded pupil during his exclusion, or intend to do so without being so obliged, the notice must specify the first day on which full-time education is to be provided for the excluded pupil.

(3) The notice must specify as days on which the parent is to be subject to section 103(2) each school day beginning with the first school day to which the exclusion relates and ending with the earliest of the following—

(a) where a day is specified under subsection (2), the school day preceding that day,

(b) the fifth school day to which the exclusion relates, and

(4) Subsection (7) of section 103 applies for the purposes of subsection (3) as it applies for the purposes of subsection (2)(a) of that section.

(5) Where the appropriate authority are a local authority, they must provide the head teacher with such information as will enable the head teacher to give a notice complying with subsection (2).

(6) Section 572 of EA 1996, which provides for the methods by which notices may be served under that Act, does not preclude a notice under this section from being given to the parent of the excluded pupil by any effective method.

(7) Regulations may enable a notice under this section to be combined with a notice required by virtue of section 52(3)(a) of EA 2002 (which relates to the exclusion of pupils from maintained schools).

(8) In this section—

“the appropriate authority” means—in the case of a permanent exclusion or an exclusion from a pupil referral unit, a local authority,in the case of an exclusion for a fixed period from a maintained school, the governing body of the school, andin the case of an exclusion for a fixed period from a relevant school which is an Academy school, an alternative provision Academy, a city technology college or a city college for the technology of the arts, the proprietor of the school;

“prescribed” means prescribed by regulations;

“regulations” means regulations made by the Secretary of State;

“the relevant enactment” means—where the appropriate authority is a local authority, section 19 of EA 1996, andin any other case, section 100 of this Act.

Penalty notice in respect of presence of excluded pupil in public place

105

(1) Where an authorised officer has reason to believe that a person has committed an offence under section 103(3), he may give the person a penalty notice in respect of the offence.

(2) A penalty notice is a notice offering the person the opportunity of discharging any liability to conviction for the offence under section 103(3) to which the notice relates by payment of a penalty in accordance with the notice.

(3) Where a person is given a penalty notice, proceedings for the offence to which the notice relates may not be instituted before the end of such period as may be prescribed.

(4) Where a person is given a penalty notice, he cannot be convicted of the offence to which the notice relates if he pays a penalty in accordance with the notice.

(5) Sums received by a local authority under this section may be used by the authority for the purposes of any of their functions which may be specified in regulations but, to the extent that they are not so used, must be paid in accordance with regulations to the Secretary of State.

(6) In this section—

“authorised officer” means—a constable,an officer of a local authority in England who is authorised by the authority to give penalty notices, oran authorised staff member;

“authorised staff member” means—a head teacher of a relevant school in England, ora member of the staff of a relevant school in England who is authorised by the head teacher of the school to give penalty notices;

“regulations” means regulations made by the Secretary of State.

Penalty notices: supplemental

106

(1) Regulations may make—

(a) provision as to the form and content of penalty notices;

(b) provision as to the monetary amount of any penalty and the time by which it is to be paid;

(d) provision as to the methods by which penalties may be paid;

(e) provision as to the records which are to be kept in relation to penalty notices;

(f) provision as to the persons who may be authorised by a local authority or a head teacher to give penalty notices;

(g) provision limiting the circumstances in which authorised officers of a prescribed description may give penalty notices;

(h) provision for or in connection with the withdrawal, in prescribed circumstances, of a penalty notice, including—

(i) repayment of any amount by way of penalty under a penalty notice which is withdrawn, and

(ii) prohibition of the institution or continuation of proceedings for the offence to which the withdrawn notice relates;

(i) provision for a certificate—

(i) purporting to be signed by or on behalf of a prescribed person, and

(ii) stating that payment of any amount paid by way of penalty was or, as the case may be, was not received on or before a date specified in the certificate,

to be received in evidence of the matters so stated;

(j) provision as to the action to be taken if a penalty is not paid in accordance with a penalty notice;

(k) provision for or in connection with the preparation of codes of conduct in relation to the giving of penalty notices;

(l) such other provision in relation to penalties or penalty notices as the Secretary of State thinks necessary or expedient.

(2) Without prejudice to the generality of subsection (1) or section 181(2)(a), regulations under subsection (1)(b) may make provision for penalties of different amounts to be payable in different cases (including provision for the penalty payable under a penalty notice to differ according to the time by which it is paid).

(3) Local authorities, head teachers and authorised officers must, in carrying out their functions in relation to penalty notices, have regard to any guidance which is given by the Secretary of State from time to time in relation to penalty notices.

(4) In this section —

“penalty” means a penalty under a penalty notice;

“penalty notice” has the meaning given by section 105(2);

and other expressions have the same meaning as in section 105.

Penalty notices: amendments of Police Reform Act 2002

107

(1) The Police Reform Act 2002 (c. 30) is amended as follows.

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) In paragraph 1(2) of Schedule 5 (powers of accredited persons to issue fixed penalty notices), after paragraph (ab) insert—

(ac) the power of a constable to give a penalty notice under section 105 of the Education and Inspections Act 2006 (penalty notice in respect of presence of excluded pupil in public place);

(5) In paragraph 1(4) of that Schedule, after “sub-paragraph (2)(ab)” insert “ or (ac) ”.

(6) In paragraph 2(4) of that Schedule, after “paragraph 1(2)(ab)” insert “ or (ac) ”.

Removal of excluded pupils to designated premises

108

(1) Section 16 of the Crime and Disorder Act 1998 (c. 37) (removal of truants to designated premises) is amended in accordance with subsections (2) to (6).

(2) In subsection (2)—

(a) for “subsection (3)” substitute “ subsections (3) and (3ZA) ”, and

(b) for “that subsection” substitute “ each of those subsections ”.

(3) After subsection (3) insert—

(3ZA) If a constable has reasonable cause to believe that a child or young person found by him in a public place in a specified area during a specified period and during school hours— (a) is of compulsory school age, (b) has been excluded on disciplinary grounds from a relevant school for a fixed period or permanently, (c) remains excluded from that school, (d) has not subsequently been admitted as a pupil to any other school, and (e) has no reasonable justification for being in the public place, the constable may remove the child or young person to designated premises.

(4) After subsection (3A) insert—

(3B) In subsection (3ZA), “school hours” means any time during a school session of the school referred to in paragraph (b) of that subsection or during a break between sessions of that school on the same day.

(5) In subsection (5), after the definition of “public place” insert—

“relevant school” has the meaning given by section 111 of the Education and Inspections Act 2006;

(6) In the heading, after “truants” insert “ and excluded pupils ”.

(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

School attendance

Failure to secure school attendance

109

(1) In section 444 of EA 1996 (offence of failing to secure regular attendance at school of registered pupil), in subsection (1A), omit “without reasonable justification”.

(2) After that subsection insert—

(1B) It is a defence for a person charged with an offence under subsection (1A) to prove that he had a reasonable justification for his failure to cause the child to attend regularly at the school.

(3) In subsection (2) of that section, for “(3)” substitute “ (2A) ”.

(4) After that subsection insert—

(2A) The child shall not be taken to have failed to attend regularly at the school by reason of his absence from the school at any time if the parent proves that at that time the child was prevented from attending by reason of sickness or any unavoidable cause.

(5) In subsection (3) of that section—

(a) at the end of paragraph (a) insert “ or ”, and

(b) omit paragraph (b) and the “or” immediately following it.

(6) In subsection (6) of that section, for “the parent shall be acquitted if he proves” substitute “ it is a defence for the parent to prove ”.

(7) In subsection (7) of that section, for “at a time when he was not” substitute “ unless the parent proves that at that time the child was ”.

(8) After that subsection insert—

(7A) Where— (a) a child of compulsory school age has been excluded for a fixed period on disciplinary grounds from a school in England which is— (i) a maintained school, (ii) a pupil referral unit, (iii) an Academy, (iv) a city technology college, or (v) a city college for the technology of the arts, (b) he remains for the time being a registered pupil at the school, (c) the appropriate authority make arrangements for the provision of full-time education for him at the school during the period of exclusion, and (d) notice in writing of the arrangements has been given to the child's parent, the exclusion does not affect the application of subsections (1) to (7) to the child's attendance at the school on any day to which the arrangements relate. (7B) In subsection (7A)(c) “the appropriate authority” means— (a) in relation to a maintained school, the governing body of the school, (b) in relation to a pupil referral unit, the local authority, and (c) in relation to any school mentioned in subsection (7A)(a)(iii) to (v), the proprietor of the school.

(9) In subsection (6) of section 444ZA of EA 1996 (application of section 444 to alternative educational provision), for “the parent shall be acquitted if he proves” substitute “ it is a defence for the parent to prove ”.

(10) In section 16 of the Crime and Disorder Act 1998 (c. 37), in subsection (4) for the words from “unless” to the end substitute “ unless the child or young person is prevented from attending by sickness or other unavoidable cause or the absence falls within subsection (3) (leave or day set apart for religious observance) of section 444 of the Education Act 1996 ”.

(11) The amendments made by this section, and the entry in Part 1 of Schedule 18 relating to section 444 of EA 1996, do not apply in relation to any failure to attend at a school, or other place in relation to which that section applies, which occurs before the commencement of the amendment in question.

Sums received under section 444A of EA 1996

110

In section 444A of EA 1996 (penalty notice in respect of failure to secure regular attendance at school of registered pupil) for subsection (6) substitute—

(6) Sums received by a local authority under this section may be used by the authority for the purposes of any of its functions which may be specified in regulations but, to the extent that they are not so used, must be paid in accordance with regulations to the Secretary of State.

Interpretation of Chapter 2

Meaning of “maintained school” and “relevant school” in Chapter 2

111

In this Chapter—

“maintained school” means—a community, foundation or voluntary school,a community or foundation special school, ora pupil referral unit;

“relevant school” means—a maintained school, an Academy school, an alternative provision Academy,a city technology college, ora city college for the technology of the arts.

Part 8 — Inspections

Chapter 1 — The Office and the Chief Inspector

The Office

The Office for Standards in Education, Children’s Services and Skills

112

(1) There is to be a body corporate known as the Office for Standards in Education, Children's Services and Skills.

(2) In this Part that body is referred to as “the Office”.

(3) The Office is to perform its functions on behalf of the Crown.

(4) Schedule 11 makes further provision about the Office.

The Chief Inspector and other inspectors

Her Majesty’s Chief Inspector of Education, Children’s Services and Skills

113

(1) Her Majesty may by Order in Council appoint a person to the office of Her Majesty's Chief Inspector of Education, Children's Services and Skills.

(2) In this Part the holder of that office is referred to as “the Chief Inspector”.

(3) The Chief Inspector is to be a member of the Office (see paragraph 1 of Schedule 11).

(4) The Chief Inspector holds and vacates office in accordance with the terms of his appointment.

(5) Those terms are to be determined by the Secretary of State.

(6) But the Chief Inspector—

(a) must not be appointed for a term of more than five years,

(b) may at any time resign by giving written notice to the Secretary of State, and

(c) may be removed from office by Her Majesty on the grounds that he is unable or unfit to carry out the duties of his office.

(7) The previous appointment of a person as Chief Inspector does not affect his eligibility for appointment.

(8) The office of Her Majesty's Chief Inspector of Schools in England is abolished.

(9) But any person holding that office immediately before the appointed day is to become, as from that day, Her Majesty's Chief Inspector of Education, Children's Services and Skills.

(10) As from the appointed day—

(a) the Order in Council by which such a person was appointed has effect as if it were an Order in Council under subsection (1) appointing him as Chief Inspector, and

(b) the terms of his appointment have effect as if determined under subsection (5).

(11) In this section “the appointed day” means the day appointed under section 188 for the coming into force of this section.

Her Majesty’s Inspectors of Education, Children’s Services and Skills

114

(1) Her Majesty may by Order in Council appoint persons as Her Majesty's Inspectors of Education, Children's Services and Skills.

(2) In this Part a person so appointed is referred to as an “HMI”.

(3) An HMI is to serve, in accordance with the terms of his appointment, as a member of the staff of the Office.

(4) Those terms are to be determined by the Chief Inspector.

(5) A person's appointment as HMI ends when he ceases to serve as a member of the staff of the Office.

(6) Any person who—

(a) is one of Her Majesty's Inspectors of Schools in England immediately before the appointed day, and

(b) is then serving as member of the staff of Her Majesty's Chief Inspector of Schools in England or of the Adult Learning Inspectorate,

is to become, as from that day, one of Her Majesty's Inspectors of Education, Children's Services and Skills.

(7) As from the appointed day—

(a) the Order in Council by which such a person was appointed has effect as if it were an Order in Council under subsection (1) appointing him as an HMI, and

(b) the terms of his appointment have effect as if determined under subsection (4).

(8) In this section “the appointed day” means the day appointed under section 188 for the coming into force of this section.

Further provision about Chief Inspector and other inspectors etc.

115

Schedule 12 makes further provision about the Chief Inspector and persons acting on his behalf.

Functions: the Office

Functions of the Office

116

(1) The Office has the following functions—

(a) to determine strategic priorities for the Chief Inspector in connection with the performance of his functions;

(b) to determine strategic objectives and targets relating to such priorities; and

(2) The Office is to have such other functions in connection with the performance of the Chief Inspector's functions as may be assigned to it by the Secretary of State.

Performance of Office’s functions

117

(1) The Office is to perform its functions for the general purpose of encouraging—

(a) the improvement of activities within the Chief Inspector's remit,

(b) the carrying on of such activities as user-focused activities, and

(2) In performing its functions the Office is to have regard to—

(a) the need to safeguard and promote the rights and welfare of children;

(aa) any matters raised by the Children's Commissioner with the Office or the Chief Inspector;

(b) views expressed by relevant persons about activities within the Chief Inspector's remit;

(d) the need to promote the efficient and effective use of resources in the carrying on of such activities;

(e) the need to ensure that action by the Chief Inspector in relation to such activities is proportionate to the risks against which it would afford safeguards;

(f) any developments in approaches to inspection or regulatory action; and

(g) best practice amongst persons performing functions comparable to those of the Chief Inspector.

(3) In performing its functions the Office must also have regard to such aspects of government policy as the Secretary of State may direct.

(4) In this section—

(a) “children” means persons under the age of 18;

(b) “relevant persons”, in relation to activities within the Chief Inspector's remit, means persons who have an interest in such activities, whether—

(i) as persons for whose benefit they are carried on, or

(ii) as parents (if they are carried on for the benefit of children), or

(iii) as employers;

(i) who are not parents of children but have parental responsibility for them (within the meaning of the Children Act 1989 (c. 41)), or

(ii) who have care of children.

(5) Subsection (6) provides for the interpretation, for the purposes of this Part, of references to activities within the Chief Inspector's remit and related expressions.

(6) For those purposes—

(a) “activities” includes—

(i) the provision of any form of education, training or care,

(ii) the provision of any form of services or facilities, and

(iii) the performance of any function;

(b) activities are within the Chief Inspector's remit—

(i) if he exercises any inspection function in relation to them, or

(ii) if they are services of the kind provided by persons in respect of whom he is the registration authority by virtue of any enactment; and

(c) references to persons for whose benefit activities are carried on are, in relation to activities within paragraph (a)(i) or (ii), references to persons for whom the education, training or care is provided, or (as the case may be) for whom the services or facilities are provided.

Functions: the Chief Inspector

Functions of the Chief Inspector

118

(1) The Chief Inspector has the general duty of keeping the Secretary of State informed about—

(a) the quality of activities within the Chief Inspector's remit and (where appropriate) the standards achieved by those for whose benefit such activities are carried on,

(b) improvements in the quality of such activities and in any such standards,

(d) the efficient and effective use of resources in the carrying on of such activities and services.

(2) If requested to do so by the Secretary of State, the Chief Inspector must provide the Secretary of State with information or advice on such matters relating to activities within the Chief Inspector's remit as are specified in the request.

(3) The Chief Inspector may at any time give advice to the Secretary of State on any matter connected with any activities within his remit, including advice relating to a particular establishment, institution or agency.

(4) The Chief Inspector is to have such other functions in connection with activities within his remit as may be assigned to him by the Secretary of State.

(5) Subsection (6) applies where the Chief Inspector is requested under subsection (2) to provide the Secretary of State with information or advice on matters relating to activities within the Chief Inspector's remit.

(6) Any enactment by virtue of which—

(a) an inspection may be conducted by the Chief Inspector in relation to the activities in question (whether or not in pursuance of any duty), or

(b) any power of entry is exercisable by him in relation to those activities,

is to have effect, with any necessary modifications, so as to enable him to conduct an inspection, or exercise any such power, for the purpose of complying with the request.

(7) In subsection (6) any reference to a power of entry includes a reference to a power to inspect documents or a power conferred in connection with the inspection of documents.

(8) Nothing in this section prejudices the operation of any other enactment relating to functions of the Chief Inspector.

Performance of Chief Inspector’s functions

119

(1) The Chief Inspector is to perform his functions for the general purpose of encouraging—

(a) the improvement of activities within the Chief Inspector's remit,

(b) the carrying on of such activities as user-focused activities, and

(2) The Chief Inspector must ensure—

(a) that his functions are performed efficiently and effectively, and

(b) that, so far as practicable, those functions are performed in a way that responds to—

(i) the needs of persons for whose benefit activities within the Chief Inspector's remit are carried on, and

(ii) the views expressed by other relevant persons about such activities.

(3) In performing his functions the Chief Inspector must have regard to—

(a) the matters mentioned in section 117(2);

(aa) any matters raised by the Children's Commissioner with the Chief Inspector; and

(b) such aspects of government policy as the Secretary of State may direct.

(4) In this section “relevant persons” has the same meaning as in section 117.

The Children's Rights Director

Children’s Rights Director

120

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annual reports etc.

Annual and other reports to Secretary of State

121

(1) The Chief Inspector must make an annual report to the Secretary of State.

(2) The Secretary of State must lay a copy of any such report before each House of Parliament.

(3) The Chief Inspector may make to the Secretary of State such other reports relating to matters which fall within the scope of the Chief Inspector's functions as he considers appropriate.

(4) The Chief Inspector may arrange for any report made by him under this section to be published in such manner as he considers appropriate.

Chapter 2 — General transfer of functions

General transfer of functions to the Chief Inspector

122

(1) Subject to the following provisions of this Part, the functions of the existing Chief Inspector under or by virtue of any enactment are transferred to the new Chief Inspector.

(2) In this section—

“the existing Chief Inspector” means Her Majesty's Chief Inspector of Schools in England, and

“the new Chief Inspector” means the Chief Inspector appointed under Chapter 1 of this Part.

Chapter 3 — Inspection of Further Education and Training etc.

Education and training to which this Chapter applies

123

(1) This Chapter applies to the following kinds of education and training—

(a) secondary education provided in institutions which are in England and are within the further education sector;

(b) further education for persons aged 16 or over but under 19 which is provided in such institutions and wholly or partly funded by the Secretary of State ...;

(ba) education provided in 16 to 19 Academies;

(d) further education for persons aged under 19 which is provided by local authorities in England;

(e) further education for persons aged 19 or over which is funded by such authorities;

(ea) further education for persons aged 19 or over which is wholly or partly funded by a combined authority;

(eb) further education for persons aged 19 or over which is wholly or partly funded by a combined county authority;

(f) training for persons aged 16 or over which is funded by the Secretary of State under section 2 of the Employment and Training Act 1973 (c. 50);

(g) training for persons aged 16 or over if it is training the whole or part of which takes place at the premises of an employer and which is wholly or partly funded by the Secretary of State...;

(h) such other education or training as may be prescribed by regulations made by the Secretary of State.

(2) The training which may be prescribed by regulations under subsection (1)(h) includes training of or for teachers, lecturers, trainers or other persons engaged in the provision of education or training falling within subsection (1)(a) to (g).

(3) If regulations made by the Secretary of State so provide—

(a) the provision of information, advice or guidance falling within section ... 100(1)(j) of the Apprenticeships, Skills, Children and Learning Act 2009, or

(b) the provision of any description of such information, advice or guidance specified in the regulations,

is to be treated for the purposes of this Chapter as training to which it applies.

(4) In this Chapter—

(a) “further education” and “secondary education” have the same meanings as in EA 1996, and

(b) any reference to institutions which are within the further education sector is to be read in accordance with section 91(3) of the Further and Higher Education Act 1992 (c. 13).

(5) In this section—

“combined authority” means a combined authority established under section 103 of the Local Democracy, Economic Development and Construction Act 2009;

“combined county authority” means a combined county authority established under section 9 (1) of the Levelling-up and Regeneration Act 2023.

Inspection

Inspection of education and training to which this Chapter applies

124

(1) The Chief Inspector must conduct—

(a) inspections of such education or training to which this Chapter applies as may be specified by the Secretary of State, and

(b) inspections of such class of education or training to which this Chapter applies as may be so specified.

(2) The inspections are to be conducted at such intervals as may be specified by the Secretary of State.

(3) On completing an inspection under this section, the Chief Inspector must make a written report on it.

(4) The report—

(a) must state whether the Chief Inspector considers the education or training inspected to be of a quality adequate to meet the reasonable needs of those receiving it, and

(b) may deal with such other matters as he considers relevant.

(5) The Chief Inspector must send copies of the report to—

(a) the Secretary of State,

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(ba) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d) the provider of the education or training inspected.

(6) Copies may also be sent to such other persons as the Chief Inspector considers appropriate.

(7) The Chief Inspector must arrange for the report to be published in such manner as he considers appropriate.

Inspection of further education institutions

125

(1) The Chief Inspector must inspect all institutions within the further education sector , and all 16 to 19 Academies, subject to subsection (1A).

(1A) The Secretary of State may by regulations provide that the duty of the Chief Inspector in subsection (1) does not apply to prescribed categories of institution in prescribed circumstances.

(1B) An institution to which the duty in subsection (1) does not apply by virtue of regulations under subsection (1A) is an “exempt institution”.

(2) Inspections under subsection (1) are to be conducted at such intervals as may be specified by the Secretary of State.

(3) On completing an inspection under this section, the Chief Inspector must make a written report on it.

(4) The report—

(a) must state whether the Chief Inspector considers the education or training inspected to be of a quality adequate to meet the reasonable needs of those receiving it,

(aa) must, in a case where it relates to an institution within the further education sector, comment on the careers guidance provided to relevant students at the institution, and

(b) may deal with such other matters as he considers relevant.

(5) The Chief Inspector must send copies of the report to—

(a) the Secretary of State,

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(ba) ... and

(6) Copies may also be sent to such other persons as the Chief Inspector considers appropriate.

(7) The Chief Inspector must arrange for the report to be published in such manner as he considers appropriate.

(8) In this section—

“careers guidance” includes guidance about undertaking any training, education, employment or occupation;

“relevant student” means a student—who is aged under 19, orwho is aged 19 or over and is someone for whom an EHC plan is maintained.

Other inspections

126

(1) The Chief Inspector may inspect any education or training to which this Chapter applies (in a case where he is not required to do so by virtue of any provision of this Chapter).

(1A) The Chief Inspector must inspect an exempt institution if requested to do so by the Secretary of State.

(2) The Chief Inspector may inspect any education or training to which this Chapter does not apply if—

(a) it is further education (whether for persons aged 16 or over but under 19, or for persons aged 19 or over) or training for persons aged 16 or over, and

(b) he is requested to conduct the inspection by the provider of the education or training.

(2A) On completing an inspection under subsection (1) or (1A) conducted in response to a request from the Secretary of State or any other person or body, the Chief Inspector must—

(a) make a written report on the inspection;

(b) arrange for the report to be published in such manner as the Chief Inspector considers appropriate.

(3) On completing an inspection under this section conducted in any other case, the Chief Inspector may—

(a) make a written report on it;

(b) arrange for the report to be published in such manner as he considers appropriate.

(4) If the Chief Inspector makes a report of an inspection conducted under subsection (1) or (1A), he must send copies of the report to—

(a) the Secretary of State,

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(ba) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d) the provider of the education or training inspected.

(5) Copies may also be sent to such other persons as the Chief Inspector considers appropriate.

(5A) In the case of an inspection conducted under subsection (1) in response to a request from the provider of the education or training concerned, the Chief Inspector may charge the provider for the cost of the inspection.

(6) In the case of an inspection conducted under subsection (2) the Chief Inspector may charge the provider of the education or training concerned for the cost of the inspection.

(7) For the purposes of that subsection it is immaterial whether the education or training concerned is provided in the United Kingdom or elsewhere.

(8) In this section “exempt institution” has the meaning given by section 125(1B).

Action plans

127

(1) This section applies where the Chief Inspector publishes a report of an inspection conducted under section 124 or 125 or section 126(1) or (1A).

(2) The provider of the education or training which is the subject of the report must prepare a written statement of—

(a) the action which he proposes to take in the light of the report, and

(b) the period within which he proposes to take that action.

(3) That person must—

(a) publish the statement within such period, and in such manner, as may be prescribed by regulations made by the Secretary of State; and

(b) send copies of it to such persons as may be so prescribed.

(4) The requirements of subsection (2) may be waived by the Chief Inspector.

Area inspections

128

(1) If requested to do so by the Secretary of State, the Chief Inspector must inspect—

(a) the quality and availability of a specified description of education or training, in a specified area in England, for persons who are aged 15 or over but under 19;

(b) the standards achieved by those receiving that education or training; and

(c) whether the financial resources made available to those providing that education and training are managed efficiently and used in a way which provides value for money.

(2) The Chief Inspector may conduct such an inspection without being requested to do so.

(3) Subsection (4) applies if financial resources have been applied by—

(a) the Secretary of State,

(aa) ... or

(b) a local authority in England,

in respect of education or training which is being inspected under this section.

(4) In such a case the inspection may extend to considering whether the application of those resources in that way—

(a) constituted an efficient and effective use of the resources for the purpose of meeting the needs of persons within subsection (1)(a) as regards education or training of the kind in question, and

(b) was appropriate to secure value for money.

(5) The education or training that may be made the subject of an inspection under this section (“an area inspection”) is—

(a) any education or training to which this Chapter applies, or

(b) any other education or training within the scope of the Chief Inspector's functions.

(6) A provider of education or training which is the subject of an area inspection must provide the Chief Inspector with any information reasonably requested by him in connection with the inspection.

(7) Any local authority in England whose area is wholly or partly within the area which is the subject of an area inspection must provide the Chief Inspector with any information reasonably requested by him in connection with the inspection.

(8) In subsection (1)(a) the reference to persons who are aged 15 includes persons—

(a) for whom education is being provided at a school, and

(b) who will attain that age in the current school year;

and for this purpose “school” and “school year” have the same meanings as in EA 1996.

Reports of area inspections

129

(1) On completing an area inspection conducted under section 128, the Chief Inspector must make a written report on it.

(2) The Chief Inspector must send copies of the report to—

(a) the Secretary of State,

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(ba) ... and

(3) Copies may also be sent to such other persons as the Chief Inspector considers appropriate.

(4) The Chief Inspector must arrange for the report to be published in such manner as he considers appropriate.

Action plans following area inspections

130

(1) This section applies where the Chief Inspector publishes a report of an area inspection conducted under section 128.

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) The Secretary of State may direct a local authority in England whose area is wholly or partly within the area covered by the report to 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) In preparing a statement under subsection... (3) ... the authority must consult such persons as the Secretary of State may direct.

(5) The ... authority must—

(a) publish the statement within such period, and in such manner, as may be prescribed by regulations made by the Secretary of State; and

(b) send copies of it to such persons as may be so prescribed.

(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Powers of entry etc.

Power of entry

131

(1) This section applies to an inspection conducted by the Chief Inspector under this Chapter, other than one conducted under section 126(2).

(2) When conducting such an inspection, the Chief Inspector may, at any reasonable time, enter—

(a) any premises on which the education or training inspected is provided;

(b) any premises of the provider of that education or training which are used in connection with its provision.

(3) In respect of education or training provided by an employer in the workplace, the power of entry conferred by subsection (2) may be exercised only if the employer has been given reasonable notice in writing.

Power to inspect documents, etc.

132

(1) This section applies to any inspection conducted by the Chief Inspector under this Chapter, other than one conducted under section 126(2).

(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 relating to the education or training inspected which are on any premises in relation to which he exercises his power of entry under section 131.

(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 any such 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) 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 (5) to afford him such reasonable assistance as he may require for that purpose.

(5) 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.

(6) 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.

(7) Any person who without reasonable excuse—

(a) obstructs the exercise of any power conferred by section 131 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.

Other provisions

Framework for inspections

133

(1) The Chief Inspector must devise—

(a) a common set of principles applicable to all inspections conducted under this Chapter, or

(b) two or more common sets of principles each of which is applicable to a particular description of such inspections.

(2) A set of principles devised under subsection (1)(a) or (b) is referred to in this section as a “framework”.

(3) If the Chief Inspector devises two or more frameworks under subsection (1)(b), he must ensure that, taken together, they cover all inspections conducted under this Chapter.

(4) The Chief Inspector must publish a framework in such manner as he considers appropriate.

(5) The Chief Inspector may at any time revise a framework.

(6) The Chief Inspector must publish a revised framework in such manner as he considers appropriate.

Abolition of Adult Learning Inspectorate

134

(1) The Adult Learning Inspectorate is abolished on the appointed day.

(2) In this section “the appointed day” means the day appointed under section 188 for the coming into force of this section.

Chapter 4 — Inspection ... of Local Authorities in England

Functions to which this Chapter applies

135

(1) This Chapter applies to the following functions of a local authority in England—

(a) the functions conferred on the authority under Part 1 of the Childcare Act 2006 (c. 21),

(b) the education functions of the authority (as defined in section 579(1) of EA 1996),

(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,

(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) , the Adoption and Children Act 2002 or section 2 of the Children and Social Work Act 2017 and functions continuing to be exercisable by the authority under the Adoption Act 1976 (c. 36), ...

(ea) any function conferred on the local authority under section 2 of the Childcare Act 2016; and

(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) or (b) of the Local Government Act 2000 (c. 22) (promotion of economic and social well-being) or section 1 of the Localism Act 2011 (local authority’s general power of competence) 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 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

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 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.

Inspections ...

Inspection of local authorities in England

136

(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

(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 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.

Reports of inspections under section 136

137

(1) On completing an inspection under section 136, 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.

(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—

(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 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.

Annual reviews of local authorities in England

138

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Powers of entry etc.

Power of entry

139

(1) This section applies to—

(a) any inspection conducted by the Chief Inspector under section 136, ...

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) The Chief Inspector may, at any reasonable time, enter any premises for the purposes of the inspection ..., 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).

Power to inspect documents, etc.

140

(1) This section applies to—

(a) any inspection conducted by the Chief Inspector under section 136, ...

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) If the Chief Inspector considers it necessary or expedient for the purposes of the inspection ..., 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 ... of any function to which this Chapter applies, or to any related activity, and

(ii) are on any premises in relation to which he exercises his power of entry under section 139,

(b) inspect or take away any other item which is on the premises,

(i) any person working on the premises, or

(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 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 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 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.

(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.

(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 139 or this section, and

(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.

(9) Any person who without reasonable excuse—

(a) obstructs the exercise of any power conferred by section 139 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.

Supplementary

Power to require information etc.

141

(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 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.

(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

(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 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.

Interpretation etc.

142

(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 135(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

(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.

Chapter 5 — Inspection of CAFCASS functions

Inspection of CAFCASS functions

143

(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

(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 Support Service, and

(b) “CAFCASS functions” means the functions of CAFCASS and its officers.

Power of entry

144

(1) This section applies to an inspection conducted by the Chief Inspector under section 143.

(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 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

(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.

(4) In this section and section 145 “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).

Power to inspect documents, etc.

145

(1) This section applies to any inspection conducted by the Chief Inspector under section 143.

(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 functions, which—

(a) are on any premises in relation to which he exercises his power of entry under section 144, or

(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 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 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—

(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—

(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)—

(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 143, but

(b) once he considers that it is no longer necessary to retain it for those purposes, 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 pursuance of any provision of this section otherwise than at a reasonable time.

Chapter 6 — Further provisions relating to functions of Chief Inspector

Functions

Inspection of secure training centres

146

(1) The Chief Inspector and the Secretary of State may make arrangements for the Chief Inspector to conduct inspections of secure training centres and secure colleges 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.

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Inspection of premises in connection with adoption and fostering functions

147

(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 their 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 136.

(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).

Transfer of certain CSCI functions to the Chief Inspector

148

(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,

(b) residential family centres,

(d) voluntary adoption agencies, and

(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 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.

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

Interaction with other authorities

149

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

Evidence of authority

150

(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

(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 conferred by section 141(1).

Publication of inspection reports

151

(1) For the purposes of the law of defamation, a report made by the Chief Inspector 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.

(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—

(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).

Combined reports

152

(1) Nothing in any enactment prevents the Chief Inspector from—

(a) combining in a single document two or more reports which are required to be made by him under any enactment or enactments, or

(b) combining in a single document one or more such reports and one or more reports which are required to be made by one or more other persons under any enactment or enactments,

and (in either case) combining the substantive reports to such extent as he considers appropriate.

(2) In this section such a document is referred to as a “combined report”.

(3) Where a combined report is made, any reference in any enactment—

(a) to the publication of a report, or

(b) to the giving or making available to any person of a copy of a report,

is to be read, so far as necessary, as a reference to the publication of the combined report, or to the giving or making available to that person of a copy of the combined report.

(4) The Chief Inspector may arrange for a combined report to be published in any manner he considers appropriate, but this subsection does not limit any duty as to publication imposed by any enactment.

(5) The provisions of section 151 apply to a combined report (whether or not they would otherwise so apply).

Use of information

153

Information obtained by the Chief Inspector in connection with any of his functions may be used by him in connection with any of his other functions.

Chapter 7 — Miscellaneous and supplementary

Miscellaneous

Duty to report on contribution of certain schools to community cohesion

154

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Payment of annual fee to the Chief Inspector by local authorities

155

(1) Regulations made by the Secretary of State may require a local authority in England to pay to the Chief Inspector an annual fee in respect of the discharge by the authority of any of their relevant functions specified in the regulations.

(2) The regulations must specify—

(a) the amount of the fee, and

(b) the time at which it is to be paid.

(3) The Chief Inspector may make a scheme under subsection (4) that is to have effect at a time when no regulations are in force under subsection (1).

(4) A scheme under this subsection (“a scheme”) may provide for a local authority in England to be required to pay to the Chief Inspector an annual fee in respect of the discharge by the authority of any of their relevant functions specified in the scheme.

(5) The amount of the fee payable by virtue of a scheme is to be such as may be specified in, or calculated or determined under, the scheme.

(6) A scheme may include provision—

(a) for different fees to be paid in different cases or classes of case;

(b) for the amount of a fee to be determined by the Chief Inspector in accordance with specified factors;

(d) for varying or revoking a previous scheme.

(7) Before making a scheme the Chief Inspector must consult such persons as he considers appropriate.

(8) The Chief Inspector must arrange for a scheme to be published in such manner as he considers appropriate.

(9) A local authority in England must provide the Chief Inspector with such information as he requires for the purpose of determining the amount of a fee payable by the authority by virtue of a scheme.

(10) A fee payable by virtue of this section may be recovered summarily as a civil debt.

(11) But subsection (10) is not to be read as prejudicing any other method of recovery.

(12) 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).

Removal of HMICA’s duty to inspect performance of Assembly’s functions relating to family proceedings

156

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Supplementary

Minor and consequential amendments

157

Schedule 14 contains minor and consequential amendments relating to the provision made by this Part.

Transitional provisions and savings

158

Schedule 15 contains—

(a) provision for the transfer of staff, property, rights and liabilities in connection with the establishment of the Office, and

(b) other transitional provisions and savings.

Interpretation of Part 8

159

(1) In this Part—

“activities within the Chief Inspector's remit” and related expressions are to be construed in accordance with section 117(6);

“the Chief Inspector” means Her Majesty's Chief Inspector of Education, Children's Services and Skills;

“document” means anything in which information of any description is recorded, including personal records as defined by section 12 of the Police and Criminal Evidence Act 1984 (c. 60);

“domestic premises” means premises which are used wholly or mainly as a private dwelling;

“functions” includes powers and duties;

an “HMI” means one of Her Majesty's Inspectors of Education, Children's Services and Skills;

“local authority in England” means—a county council in England;a metropolitan district council;a non-metropolitan district council for an area for which there is no county council;a London borough council;the Common Council of the City of London (in their capacity as a local authority);the Council of the Isles of Scilly;

“the Office” means the Office for Standards in Education, Children's Services and Skills;

“the registration authority” means the person exercising functions relating to registration.

(2) In this Part any reference to the carrying on of activities as “user-focused” activities is a reference to the carrying on of the activities in a way that focuses on the needs of those for whose benefit the activities are carried on.

Part 9 — Miscellaneous

Investigation of complaints by Chief Inspector

Power of Chief Inspector to investigate complaints by parents about schools

160

After section 11 of EA 2005 insert—

(11A) (1) The Chief Inspector may investigate a qualifying complaint if he thinks it is appropriate to do so— (a) for the purpose of determining whether it is or may be appropriate to have regard to the matters raised by the complaint in carrying out any of his functions in relation to schools in England, and (b) in particular, for the purpose of determining, in the light of the complaint— (i) when to carry out an inspection under section 5 (insofar as the timing of such an inspection is within his discretion), and (ii) whether it would be appropriate to carry out an inspection under section 8(2). (2) A complaint is a qualifying complaint if— (a) it is about a matter relating to a relevant school and that matter— (i) falls within a prescribed description, and (ii) does not fall within any prescribed exception, (b) it is made in writing to the Chief Inspector, and (c) it is made by a person who satisfies prescribed conditions. (3) The conditions prescribed for the purposes of subsection (2)(c) may, in particular, require that the person has, before making the complaint to the Chief Inspector, taken advantage of other procedures of a prescribed description for dealing with the complaint. (4) Regulations may enable the Chief Inspector to determine that a condition prescribed for the purposes of subsection (2)(c) by virtue of subsection (3) is not to apply in relation to a person making a complaint. (5) In this section, “relevant school” means any of the schools mentioned in paragraphs (a) to (g) of section 5(2). (11B) (1) This section applies where a qualifying complaint is made to the Chief Inspector by a person who is a registered parent of a registered pupil at the school to which the complaint relates. (2) If the Chief Inspector so requests for the purposes of an investigation of the complaint, the governing body of the school to which the complaint relates must provide him with— (a) such information held by them as may be specified or described in the Chief Inspector's request, and (b) such other information held by them as they consider may be relevant to the investigation. (3) If the complaint relates to a maintained school and the Chief Inspector so requests for the purposes of an investigation of the complaint, the local education authority who maintain the school must provide him with— (a) such information held by them as may be specified or described in the Chief Inspector's request, and (b) such other information held by them as they consider may be relevant to the investigation. (4) If, for the purposes of an investigation of the complaint, it appears to the Chief Inspector to be appropriate to hold a meeting for registered parents of registered pupils at the school to which the complaint relates— (a) he must give notice to that effect to— (i) the governing body of the school (unless the school falls within sub-paragraph (ii)), or (ii) if the school is a maintained school which does not have a delegated budget, the local education authority who maintain the school, and (b) on being so notified, the governing body or (as the case may be) the local education authority must co-operate with the Chief Inspector in the making of arrangements for the meeting. (5) In particular, the governing body or (as the case may be) the local education authority must if so requested by the Chief Inspector— (a) allow the meeting to be held on the premises of the school, (b) fix a date for the meeting which is consistent with any request made by the Chief Inspector for that purpose, and (c) take such steps as are specified by the Chief Inspector to give— (i) the registered parents of registered pupils at the school, and (ii) if the school is a maintained school which has a delegated budget, the local education authority who maintain the school, such notice as the Chief Inspector may specify of the date, time and place of the meeting and of its purpose. (6) The following persons (in addition to the registered parents of registered pupils at the school) may attend a meeting held in pursuance of subsection (5)— (a) a representative of the governing body of the school, and (b) if the school is a maintained school, a representative of the local education authority who maintain the school. (7) In this section— - “governing body”, in relation to a relevant school which is not a maintained school, means the proprietor of the school; - “maintain”, in relation to school, has the same meaning as in the School Standards and Framework Act 1998; - “maintained school” means a community, foundation or voluntary school, a community or foundation special school or a maintained nursery school; - “qualifying complaint” is to be read in accordance with section 11A(2); - “relevant school” has the meaning given by section 11A(5). (11C) (1) This section applies where, for the purposes of an investigation of a qualifying complaint to which section 11B applies the Chief Inspector— (a) requests information as mentioned in subsection (2) or (3) of that section, or (b) gives notice in pursuance of subsection (4)(a) of that section that he considers it appropriate to hold a meeting for registered parents of registered pupils at the school to which the complaint relates. (2) The Chief Inspector may, if he considers it appropriate to do so, prepare a report of the outcome of the investigation by him of the complaint. (3) If the Chief Inspector prepares a report under subsection (2) he must send a copy of the report to— (a) the governing body of the school (unless the school falls within paragraph (b)), or (b) if the school is a maintained school which does not have a delegated budget, the local education authority who maintain the school. (4) The body to whom a report is sent under subsection (3) must, if so requested by the Chief Inspector, provide a copy of the report to the registered parents of registered pupils at the school to which the complaint relates. (5) In this section, “governing body” and “qualifying complaint” have the same meaning as in section 11B.

Powers to facilitate innovation

161

In Schedule 16—

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