Search Legislation

Children Act 1989

 Help about what version

What Version

 Help about advanced features

Advanced Features

Changes to legislation:

Children Act 1989, Cross Heading: Notification of children accommodated in certain establishments is up to date with all changes known to be in force on or before 19 March 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.

View outstanding changes

Changes and effects yet to be applied to the whole Act associated Parts and Chapters:

Whole provisions yet to be inserted into this Act (including any effects on those provisions):

Notification of children accommodated in certain establishmentsE+W

85 Children accommodated by health authorities and local education authorities.E+W

(1)Where a child is provided with accommodation [F1in England] by any F2[F3..., Special Health Authority,] F4... [F5National Health Service trust] [F6or NHS foundation trust or by a local authority [F7in England] in the exercise of education functions] (“the accommodating authority”)—

(a)for a consecutive period of at least three months; or

(b)with the intention, on the part of that authority, of accommodating him for such a period,

the accommodating authority shall notify [F8the appropriate officer of] the responsible authority.

(2)Where subsection (1) applies with respect to a child, the accommodating authority shall also notify [F9the appropriate officer of] the responsible authority when they cease to accommodate the child.

[F10(2ZA)Where a child is provided with accommodation—

(a)by a body which is not mentioned in subsection (1), and

(b)pursuant to arrangements made by the Secretary of State, [F11NHS England] or [F12an integrated care board] under the National Health Service Act 2006,

subsections (1) and (2) apply in relation to the Secretary of State, [F11NHS England] or (as the case may be) [F13the integrated care board] as if it were the accommodating authority.]

[F14(2A)In a case where the child is [F15provided with accommodation in England by a local authority in England] in the exercise of education functions, subsections (1) and (2) apply only if the local authority providing the accommodation is different from the responsible authority.]

(3)In this section “the responsible authority” means—

(a)the local authority appearing to the accommodating authority to be the authority within whose area the child was ordinarily resident immediately before being accommodated; or

(b)where it appears to the accommodating authority that a child was not ordinarily resident within the area of any local authority, the local authority within whose area the accommodation is situated.

[F16(3A) In this section and sections 86 and 86A “ the appropriate officer ” means—

(a)in relation to a local authority in England, their director of children's services; and

(b)in relation to a local authority in Wales, their [F17director of social services].]

(4)Where [F18the appropriate officer of a] [F19local authority in England has been notified under this section, or under section 120 of the Social Services and Well-being (Wales) Act 2014 (assessment of children accommodated by health authorities and education authorities)], [F20the local authority] shall—

(a)take such steps as are reasonably practicable to enable them to determine whether the child’s welfare is adequately safeguarded and promoted while he is accommodated by the accommodating authority; and

(b)consider the extent to which (if at all) they should exercise any of their functions under this Act with respect to the child.

[F21(5)For the purposes of subsection (4)(b), if the child is not in the area of the local authority, they must treat him as if he were in that area.]

Textual Amendments

F3Words in s. 85(1) substituted(1.4.1996) by 1995 c. 17, s. 2(1)(3), Sch. 1 Pt. III, para. 118(9)(with Sch. 2 para. 6)

Commencement Information

I1S. 85 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)

86[F22 Children accommodated in care homes or independent hospitals.]E+W

(1)Where a child is provided with accommodation [F23in England] in any [F24care home or independent hospital]

(a)for a consecutive period of at least three months; or

(b)with the intention, on the part of the person taking the decision to accommodate him, of accommodating him for such period,

the person carrying on [F25the establishment in question] shall notify [F26the appropriate officer of] the local authority within whose area [F27the establishment] is carried on.

(2)Where subsection (1) applies with respect to a child, the person carrying on [F28the establishment] shall also notify [F29the appropriate officer of] that authority when he ceases to accommodate the child in [F28the establishment] .

(3)Where [F30the appropriate officer of a local authority has] been notified under this section, [F31the local authority] shall—

(a)take such steps as are reasonably practicable to enable them to determine whether the child’s welfare is adequately safeguarded and promoted while he is accommodated in [F32the establishment in question] ; and

(b)consider the extent to which (if at all) they should exercise any of their functions under this Act with respect to the child.

(4)If the person carrying on any [F33care home or independent hospital] fails, without reasonable excuse, to comply with this section he shall be guilty of an offence.

(5)A person authorised by a local authority [F34in England] may enter any [F24care home or independent hospital] within the authority’s area for the purpose of establishing whether the requirements of this section have been complied with.

(6)Any person who intentionally obstructs another in the exercise of the power of entry shall be guilty of an offence.

(7)Any person exercising the power of entry shall, if so required, produce some duly authenticated document showing his authority to do so.

(8)Any person committing an offence under this section shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.

Textual Amendments

F22S. 86: sidenote substituted (1.4.2002) by 2000 c. 14, s. 116, Sch. 4 para. 14(20)(a); S.I. 2001/4150, art. 3(3)(a) (subject to transitional provision in art. 4 of the commencing S.I. and to the amendment of art. 3 by S.I. 2002/1493, art. 6); S.I. 2002/920, art. 3(3)(d) (with art. 3(4)-(10) and transitional provisions in Schs. 1-3)

F24Words in s. 86(1)(5) substituted (1.4.2002) by 2000 c. 14, s. 116, Sch. 4 para. 14(20)(b); S.I. 2001/4150, art. 3(3)(a) (subject to transitional provision in art. 4 of the commencing S.I. and to the amendment of art. 3 by S.I. 2002/1493, art. 6); S.I. 2002/920, art. 3(3)(d) (with art. 3(4)-(10) and transitional provisions in Schs. 1-3)

F25Words in s. 86(1) substituted (1.4.2011) by Children and Young Persons Act 2008 (c. 23), ss. 17(7)(a), 44; S.I. 2010/2981, {art. (2(a)}

F26Words in s. 86(1) inserted (1.4.2011) by Children and Young Persons Act 2008 (c. 23), ss. 17(7)(b), 44; S.I. 2010/2981, {art. (2(a)}

F27Words in s. 86(1) substituted (1.4.2011) by Children and Young Persons Act 2008 (c. 23), ss. 17(7)(c), 44; S.I. 2010/2981, {art. (2(a)}

F28Words in s. 86(2) substituted (1.4.2011) by Children and Young Persons Act 2008 (c. 23), ss. 17(8)(a), 44; S.I. 2010/2981, {art. (2(a)}

F29Words in s. 86(2) inserted (1.4.2011) by Children and Young Persons Act 2008 (c. 23), ss. 17(8)(b), 44; S.I. 2010/2981, {art. (2(a)}

F30Words in s. 86(3) substituted (1.4.2011) by Children and Young Persons Act 2008 (c. 23), ss. 17(9)(a), 44; S.I. 2010/2981, {art. (2(a)}

F31Words in s. 86(3) substituted (1.4.2011) by Children and Young Persons Act 2008 (c. 23), ss. 17(9)(b), 44; S.I. 2010/2981, {art. (2(a)}

F32Words in s. 86(3)(a) substituted (1.4.2011) by Children and Young Persons Act 2008 (c. 23), ss. 17(9)(c), 44; S.I. 2010/2981, {art. (2(a)}

F33Words in s. 86(4) substituted (1.4.2011) by Children and Young Persons Act 2008 (c. 23), ss. 17(10), 44; S.I. 2010/2981, {art. (2(a)}

Commencement Information

I2S. 86 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)

[F3586AVisitors for children notified to local authority F36...E+W

(1)This section applies if the appropriate officer of a local authority [F37in England]

(a)has been notified with respect to a child under section 85(1) or 86(1) [F38“, or under section 120(2)(a) of the Social Services and Well-being (Wales) Act 2014]; and

(b)has not been notified with respect to that child under section 85(2) [F39, 86(2), or under section 120(2)(b) of the Social Services and Well-being (Wales) Act 2014, as the case may be].

(2)The local authority must, in accordance with regulations made under this section, make arrangements for the child to be visited by a representative of the authority (“a representative”).

(3)It is the function of a representative to provide advice and assistance to the local authority on the performance of their duties under section 85(4) or, as the case may be, 86(3).

(4)Regulations under this section may make provision about—

(a)the frequency of visits under visiting arrangements;

(b)circumstances in which visiting arrangements must require a child to be visited; and

(c)additional functions of a representative.

(5)Regulations under this section are to be made by the Secretary of State F40....

(6)In choosing a representative a local authority must satisfy themselves that the person chosen has the necessary skills and experience to perform the functions of a representative.

(7) In this section “ visiting arrangements ” means arrangements made under subsection (2). ]

87[F41Welfare of children in boarding schools and colleges.]E+W

[F42(1)Where a school or college provides accommodation for any child, it shall be the duty of the relevant person to safeguard and promote the child’s welfare.

[F43(1A)For the purposes of this section and sections 87A to 87D, a school or college provides accommodation for a child if—

(a)it provides accommodation for the child on its own premises, or

(b)it arranges for accommodation for the child to be provided elsewhere (other than in connection with a residential trip away from the school).]

(2)Subsection (1) does not apply in relation to a school or college which is a children’s home or care home.

(3)Where accommodation is provided for a child by any school or college the appropriate authority shall take such steps as are reasonably practicable to enable them to determine whether the child’s welfare is adequately safeguarded and promoted while [F44accommodation for the child is provided] by the school or college.

[F45(3A)Where accommodation is provided for a child by a school or college in England, the Secretary of State may at any time (including a time when the duty under subsection (3) is suspended by virtue of section 87A) direct the Chief Inspector for England to take the steps referred to in subsection (3).

(3B)Where accommodation is provided for a child by a school or college in Wales, the Welsh Ministers may, at any time when the duty under subsection (3) is suspended by virtue of section 87A, take the steps referred to in subsection (3).]

(4)Where [F46the Chief Inspector for England is] of the opinion that there has been a failure to comply with subsection (1) in relation to a child provided with accommodation by a school or [F47college in England, he shall]

(a)in the case of a school other than an independent school [F48, an alternative provision Academy that is not an independent school] or a special school, notify the [F49local authority] for the area in which the school is situated;

(b)in the case of a special school which is maintained by a [F49local authority], notify that authority;

(c)in any other case, notify the Secretary of State.

(4A)Where the National Assembly for Wales are of the opinion that there has been a failure to comply with subsection (1) in relation to a child provided with accommodation by a school or college [F50in Wales], they shall—

(a)in the case of a school other than an independent school or a special school, notify the [F49local authority] for the area in which the school is situated;

(b)in the case of a special school which is maintained by a [F49local authority], notify that authority.

(5)Where accommodation is, or is to be, provided for a child by any school or college, a person authorised by the appropriate authority may, for the purpose of enabling that authority to discharge [F51any of its functions] under this section, enter at any time premises which are, or are to be, premises of the school or college.]

(6)Any person [F52exercising] the power conferred by subsection (5) may carry out such inspection of premises, children and records as is prescribed by regulations made by the Secretary of State for the purposes of this section.

(7)Any person exercising that power shall, if asked to do so, produce some duly authenticated document showing his authority to do so.

(8)Any person authorised by the regulations to inspect records—

(a)shall be entitled at any reasonable time to have access to, and inspect and check the operation of, any computer and any associated apparatus or material which is or has been in use in connection with the records in question; and

(b)may require—

(i)the person by whom or on whose behalf the computer is or has been so used; or

(ii)any person having charge of, or otherwise concerned with the operation of, the computer, apparatus or material,

to afford him such assistance as he may reasonably require.

(9)Any person who intentionally obstructs another in the exercise of any power conferred by this section or the regulations shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.

[F53(9A)Where [F54the Chief Inspector for England] or the National Assembly for Wales exercises the power conferred by subsection (5) in relation to a child, [F55that authority must] publish a report on whether the child’s welfare is adequately safeguarded and promoted while [F56accommodation for the child is provided] by the school or college.

(9B)Where [F57the Chief Inspector for England] or the National Assembly for Wales publishes a report under this section, it must—

(a)send a copy of the report to the school or college concerned; and

(b)make copies of the report available for inspection at its offices by any person at any reasonable time.

(9C)Any person who requests a copy of a report published under this section is entitled to have one on payment of such reasonable fee (if any) as [F58the Chief Inspector for England] or the National Assembly for Wales (as the case may be) considers appropriate.]

[F59(10)In this section and sections 87A to 87D—

  • the 1992 Act ” means the M1 Further and Higher Education Act 1992;

  • appropriate authority ” means—

    (a)

    in relation to England, [F60the Chief Inspector for England];

    (b)

    in relation to Wales, the National Assembly for Wales;

  • [F61the Chief Inspector for England ” means Her Majesty's Chief Inspector of Education, Children's Services and Skills;]

  • college ” means an institution within the further education sector as defined in section 91 of the 1992 Act [F62 or a 16 to 19 Academy ] ;

  • F63 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  • further education corporation ” has the same meaning as in the 1992 Act;

  • [F49local authority] and “proprietor” have the same meanings as in the M2 Education Act 1996

  • [F64sixth form college corporation” has the same meaning as in the 1992 Act.]

(11) In this section and sections 87A and 87D “ relevant person ” means—

(a)in relation to an independent school [F65or an alternative provision Academy that is not an independent school], the proprietor of the school;

(b)in relation to any other school, or an institution designated under section 28 of the 1992 Act, the governing body of the school or institution;

(c)in relation to an institution conducted by a further education corporation [F66or sixth form college corporation], the corporation.

[F67(d)in relation to a 16 to 19 Academy, the proprietor of the Academy.]

(12)Where a person other than the proprietor of an independent school [F68 or an alternative provision Academy that is not an independent school] is responsible for conducting the school, references in this section to the relevant person include references to the person so responsible.]

Textual Amendments

F41S. 87: sidenote substituted (1.4.2002 for E.) by 2000 c. 14, s. 116, Sch. 4 para. 14(21); S.I. 2001/4150, art. 3(3)(a) (subject to transitional provision in art. 4 of the commencing S.I. and to the amendment of art. 3 by S.I. 2002/1493, art. 6)

F42S. 87(1)-(5) substituted (20.11.2001 (E.) for specified purposes and 1.4.2002 (E.) in so far as not already in force and 1.2.2003 (W.)) by 2000 c. 14, ss. 105(2), 122; S.I. 2001/3852, art. 3(3)(a)(iii)(7)(h) (subject to transitional provision in Sch. 1 of the commencing S.I. (as amended by S.I. 2001/4150, art. 5; S.I. 2002/1493, art. 5; S.I. 2002/1790, art. 2; S.I. 2002/2001, arts. 2, 3; S.I. 2002/3210, art. 2 (with art. 4); S.I. 2005/3397, art. 2)); S.I. 2003/152, art. 2(2)

F44Words in s. 87(3) substituted (1.2.2012) by Education Act 2011 (c. 21), ss. 43(2)(b), 82(3); S.I. 2012/84, art. 3

F45S. 87(3A)(3B) inserted (1.2.2012) by Education Act 2011 (c. 21), ss. 43(2)(c), 82(3); S.I. 2012/84, art. 3

F51Words in s. 87(5) substituted (1.2.2012) by Education Act 2011 (c. 21), ss. 43(2)(d), 82(3); S.I. 2012/84, art. 3

F52Words in s. 87(6) substituted (20.11.2001 (E.) for specified purposes and 1.4.2002 (E.) in so far as not already in force and 1.2.2003 (W.)) by 2000 c. 14, ss. 105(3), 122; S.I. 2001/3852, art. 3(3)(a)(iii)(7)(h) (subject to transitional provision in Sch. 1 of the commencing S.I. (as amended by S.I. 2001/4150, art. 5; S.I. 2002/1493, art. 5; S.I. 2002/1790, art. 2; S.I. 2002/2001, arts. 2, 3; S.I. 2002/3210, art. 2 (with art. 4); S.I. 2005/3397, art. 2)); S.I. 2003/152, art. 2(2)

F56Words in s. 87(9A) substituted (1.2.2012) by Education Act 2011 (c. 21), ss. 43(2)(e), 82(3); S.I. 2012/84, art. 3

F59S. 87(10)(11)(12) substituted for s. 87(10) (20.11.2001 (E.) for specified purposes and 1.4.2002 (E.) in so far as not already in force and 1.2.2003 (W.)) by 2000 c. 14, ss. 105(4), 122; S.I. 2001/3852, art. 3(3)(a)(iii)(7)(h) (subject to transitional provision in Sch. 1 of the commencing S.I. (as amended by S.I. 2001/4150, art. 5; S.I. 2002/1493, art. 5; S.I. 2002/1790, art. 2; S.I. 2002/2001, arts. 2, 3; S.I. 2002/3210, art. 2 (with art. 4); S.I. 2005/3397, art. 2)); S.I. 2003/152, art. 2(2)

F61S. 87(10): definition of "the Chief Inspector for England" inserted (1.4.2007) by Education and Inspections Act 2006 (c. 40), ss. 157, 188, Sch. 14 para. 16(5)(b); S.I. 2007/935, art. 5(gg)

Modifications etc. (not altering text)

Commencement Information

I3 S. 87 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)

Marginal Citations

[F69 87A Suspension of duty under section 87(3).E+W

(1)The Secretary of State may appoint a person to be an inspector for the purposes of this section if—

(a)that person already acts as an inspector for other purposes in relation to schools or colleges to which section 87(1) applies, and

(b)the Secretary of State is satisfied that the person is an appropriate person to determine whether the welfare of children provided with accommodation by such schools or colleges is adequately safeguarded and promoted while [F70accommodation for the children is provided] by them.

(2)Where—

(a)the relevant person enters into an agreement in writing with a person appointed under subsection (1),

(b)the agreement provides for the person so appointed to have in relation to the school or college the function of determining whether section 87(1) is being complied with, and

(c)the appropriate authority receive from the person mentioned in paragraph (b) (“the inspector”) notice in writing that the agreement has come into effect,

the appropriate authority’s duty under section 87(3) in relation to the school or college shall be suspended.

(3)Where the appropriate authority’s duty under section 87(3) in relation to any school or college is suspended under this section, it shall cease to be so suspended if the appropriate authority receive—

(a)a notice under subsection (4) relating to the inspector, or

(b)a notice under subsection (5) relating to the relevant agreement.

(4)The Secretary of State shall terminate a person’s appointment under subsection (1) if—

(a)that person so requests, or

(b)the Secretary of State ceases, in relation to that person, to be satisfied that he is such a person as is mentioned in paragraph (b) of that subsection,

and shall give notice of the termination of that person’s appointment to the appropriate authority.

[F71(4A)The Secretary of State may by regulations specify matters that must be taken into account in deciding whether to appoint a person to be an inspector for the purposes of this section in relation to schools or colleges in England, or to terminate the appointment of such a person under subsection (4)(b).]

(5)Where—

(a)the appropriate authority’s duty under section 87(3) in relation to any school or college is suspended under this section, and

(b)the relevant agreement ceases to have effect,

the inspector shall give to the appropriate authority notice in writing of the fact that it has ceased to have effect.

(6)In this section references to the relevant agreement, in relation to the suspension of the appropriate authority’s duty under section 87(3) as regards any school or college, are to the agreement by virtue of which the appropriate authority’s duty under that provision as regards that school or college is suspended.]

Textual Amendments

F69S. 87A substituted (1.4.2002 (E.) and 1.2.2003 (W.)) by 2000 c. 14, ss. 106(1), 122; S.I. 2001/3852, art. 3(7)(h) (subject to transitional provision in Sch. 1 of the commencing S.I. (as amended by S.I. 2001/4150, art. 5; S.I. 2002/1493, art. 5; S.I. 2002/1790, art. 2; S.I. 2002/2001, arts. 2, 3; S.I. 2002/3210, art. 2 (with art. 4); S.I. 2005/3397, art. 2)); S.I. 2003/152, art. 2(2)

F70Words in s. 87A(1)(b) substituted (1.2.2012) by Education Act 2011 (c. 21), ss. 43(3)(a), 82(3); S.I. 2012/84, art. 3

Modifications etc. (not altering text)

C2S. 87A: transfer of functions (1.4.2007) by Education and Inspections Act 2006 (c. 40), ss. 148(3), 188; S.I. 2007/935, art. 5(u)

F72 [ 87B Duties of inspectors under section 87A.E+W

(1)The Secretary of State may impose on a person appointed under section 87A(1) (“an authorised inspector”) such requirements relating to, or in connection with, the carrying out under substitution agreements of the function mentioned in section 87A(2)(b) as the Secretary of State thinks fit.

(2)Where, in the course of carrying out under a substitution agreement the function mentioned in section 87A(2)(b), it appears to an authorised inspector that there has been a failure to comply with section 87(1) in the case of a child provided with accommodation by the school [F73or college]] to which the agreement relates, the inspector shall give notice of that fact

[F74(a)in the case of a school other than an independent school [F75, an alternative provision Academy that is not an independent school] or a special school, to the [F76local authority] for the area in which the school is situated;

(b)in the case of a special school which is maintained by a [F76local authority], to that authority;

(c)in any other case, to the Secretary of State].

(3)Where, in the course of carrying out under a substitution agreement the function mentioned in section 87A(2)(b), it appears to an authorised inspector that a child provided with accommodation by the school [F77or college] to which the agreement relates is suffering, or is likely to suffer, significant harm, the inspector shall—

(a)give notice of that fact to the local authority in whose area the school [F77or college] is situated, and

(b)where the inspector is required to make inspection reports to the Secretary of State, supply that local authority with a copy of the latest inspection report to have been made by the inspector to the Secretary of State in relation to the school [F77or college].

[F78(4)In this section “substitution agreement” means an agreement by virtue of which the duty of the appropriate authority under section 87(3) in relation to a school or college is suspended.]

Textual Amendments

F72Ss. 87A, 87B inserted (1.1.1996) by 1995 c. 40, s. 38: S.I. 1995/2835, art. 2

F73Words in s. 87B(2) inserted (1.4.2002 (E.) and 1.2.2003 (W.)) by 2000 c. 14, ss. 106(2)(a), 122; S.I. 2001/3852, art. 3(7)(h) (subject to transitional provision in Sch. 1 of the commencing S.I. (as amended by S.I. 2001/4150, art. 5; S.I. 2002/1493, art. 5; S.I. 2002/1790, art. 2; S.I. 2002/2001, arts. 2, 3; S.I. 2002/3210, art. 2 (with art. 4); S.I. 2005/3397, art. 2)); S.I. 2003/152, art. 2(2)

F74S. 87B(2)(a)(b)(c) substituted for the words "to the Secretary of State" in s. 87B(2) (1.4.2002 (E.) and 1.2.2003 (W.)) by 2000 c. 14, ss. 106(2)(b), 122; S.I. 2001/3852, art. 3(7)(h) (subject to transitional provision in Sch. 1 of the commencing S.I. (as amended by S.I. 2001/4150, art. 5; S.I. 2002/1493, art. 5; S.I. 2002/1790, art. 2; S.I. 2002/2001, arts. 2, 3; S.I. 2002/3210, art. 2 (with art. 4); S.I. 2005/3397, art. 2)); S.I. 2003/152, art. 2(2)

F77Words in s. 87B(2)(3)(a)(b) inserted (1.4.2002 (E.) and 1.2.2003 (W.)) by 2000 c. 14, ss. 106(2)(a), 122; S.I. 2001/3852, art. 3(7)(h) (subject to transitional provision in Sch. 1 of the commencing S.I. (as amended by S.I. 2001/4150, art. 5; S.I. 2002/1493, art. 5; S.I. 2002/1790, art. 2; S.I. 2002/2001, arts. 2, 3; S.I. 2002/3210, art. 2 (with art. 4); S.I. 2005/3397, art. 2)); S.I. 2003/152, art. 2(2)

F78S. 87B(4) substituted (1.4.2002 (E.) and 1.2.2003 (W.)) by 2000 c. 14, ss. 106(2)(c), 122; S.I. 2001/3852, art. 3(7)(h) (subject to transitional provision in Sch. 1 of the commencing S.I. (as amended by S.I. 2001/4150, art. 5; S.I. 2002/1493, art. 5; S.I. 2002/1790, art. 2; S.I. 2002/2001, arts. 2, 3; S.I. 2002/3210, art. 2 (with art. 4); S.I. 2005/3397, art. 2)); S.I. 2003/152, art. 2(2)

Modifications etc. (not altering text)

C3S. 87B: transfer of functions (1.4.2007) by Education and Inspections Act 2006 (c. 40), ss. 148(3), 188; S.I. 2007/935, art. 5(u)

[F7987BAQuality assurance of inspectors under section 87AE+W

(1)The Chief Inspector for England must, at intervals of no more than a year, prepare and send to the Secretary of State a report about inspectors who are appointed under section 87A in relation to schools or colleges in England.

(2)In preparing a report under this section the Chief Inspector for England must have regard to such matters as the Secretary of State may direct.

(3)The Secretary of State may in particular give directions about—

(a)matters to be taken into account in preparing a report, and

(b)the form and contents of a report.]

Textual Amendments

[F80 87C Boarding schools: national minimum standards.E+W

(1)The Secretary of State may prepare and publish statements of national minimum standards for safeguarding and promoting the welfare of children for whom accommodation is provided [F81by] a school or college.

(2)The Secretary of State shall keep the standards set out in the statements under review and may publish amended statements whenever he considers it appropriate to do so.

(3)Before issuing a statement, or an amended statement which in the opinion of the Secretary of State effects a substantial change in the standards, the Secretary of State shall consult any persons he considers appropriate.

(4)The standards shall be taken into account—

(a)in the making by the appropriate authority of any determination under section 87(4) or (4A);

(b)in the making by a person appointed under section 87A(1) of any determination under section 87B(2); and

(c)in any proceedings under any other enactment in which it is alleged that the person has failed to comply with section 87(1).]

Textual Amendments

F80S. 87C inserted (1.7.2001 (W.) and 20.11.2001 (E.) for specified purposes and 1.4.2002 (E.) in so far as not already in force) by 2000 c. 14, s. 107; S.I. 2001/2190, art. 2, Sch.; S.I. 2001/3852, art. 3(3)(d)(ii)(7)(h)(subject to transitional provision in Sch. 1 of the commencing S.I. (as amended by S.I. 2001/4150, art. 5; S.I. 2002/1493, art. 5; S.I. 2002/1790, art. 2; S.I. 2002/2001, arts. 2, 3; S.I. 2002/3210, art. 2 (with art. 4); S.I. 2005/3397, art. 2))

F81Word in s. 87C(1) substituted (1.2.2012) by Education Act 2011 (c. 21), ss. 43(5), 82(3); S.I. 2012/84, art. 3

Modifications etc. (not altering text)

C4S. 87C: transfer of functions (1.4.2007) by Education and Inspections Act 2006 (c. 40), ss. 148(3), 188; S.I. 2007/935, art. 5(u)

[F82 87D Annual fee for boarding school inspections.E+W

(1)Regulations under subsection (2) may be made in relation to any school or college in respect of which the appropriate authority is required to take steps under section 87(3).

(2)The Secretary of State may by regulations require the relevant person to pay the appropriate authority an annual fee of such amount, and within such time, as the regulations may specify.

(3)A fee payable by virtue of this section may, without prejudice to any other method of recovery, be recovered summarily as a civil debt.]

Textual Amendments

F82S. 87D inserted (1.7.2001 (W.) and 20.11.2001 for specified purposes otherwise 1.4.2002 (E.)) by 2000 c. 14, s. 108; S.I. 2001/2090, art. 2(1), Sch.; S.I. 2001/3852, art. 3(3)(a)(iii)(7)(h) (subject to transitional provision in Sch. 1 of the commencing S.I. (as amended by S.I. 2001/4150, art. 5; S.I. 2002/1493, art. 5; S.I. 2002/1790, art. 2; S.I. 2002/2001, arts. 2, 3; S.I. 2002/3210, art. 2 (with art. 4); S.I. 2005/3397, art. 2))

Modifications etc. (not altering text)

C5S. 87D: transfer of functions (1.4.2007) by Education and Inspections Act 2006 (c. 40), ss. 148(3), 188; S.I. 2007/935, art. 5(u)

Back to top

Options/Help

Print Options

You have chosen to open The Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act as a PDF

The Whole Act you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open The Whole Act without Schedules

The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act without Schedules as a PDF

The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open the Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open the Whole Act without Schedules

The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open Schedules only

The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Timeline of Changes

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources