Part VIU.K. Inspection of [F1local authorities] and school inspections

Textual Amendments

Chapter IU.K. Inspection of [F1local authorities]

[F240 Inspector’s rights of entry etc.E+W

(1)This section applies where a [F3local authority] are inspected under section 38.

(2)The inspector, and any person assisting him, shall have at all reasonable times a right of entry to—

(a)the premises of the [F3local authority],

(b)the premises of any school maintained by the authority, and

(c)any other premises at which relevant section 19 [F4or 19A] education is provided, other than premises which are or form part of a private dwelling house but are not a school.

(3)The inspector, and any person assisting him, shall also have at all reasonable times a right to inspect and take copies of—

(a)any records kept by, and any other documents containing information relating to, the [F3local authority] or any school maintained by the authority, and

(b)any records kept by a person who provides relevant section 19 [F5or 19A] education that relate to the provision of that education, and any other documents containing information that so relates;

which he considers relevant to the exercise of his functions.

(4)[F6Section 58 of the Education Act 2005] (inspection of computer records) shall apply for the purposes of subsection (3) as it applies for the purposes of Part 1 of that Act.

(5)Without prejudice to subsections (2) and (3), the [F3local authority] and the governing body of any school maintained by the authority—

(a)shall give the inspector and any person assisting him, all assistance in connection with the exercise of his functions which they are reasonably able to give, and

(b)shall secure that all such assistance is also given by persons who work at the school.

(6)It shall be an offence wilfully to obstruct the inspector or any person assisting him in the exercise of his functions in relation to the inspection.

(7)A person guilty of an offence under subsection (6) shall be liable on summary conviction to a fine not exceeding level 4 on the standard scale.

(8)In this section—

  • “document” and “records” each include information recorded in any form; and

  • “relevant section 19 [F7or 19A] education” means education provided to a child by virtue of arrangements made by the [F3local authority] under section 19 [F7or 19A] of the Education Act 1996 (exceptional provision of education at schools or otherwise).]

Textual Amendments

F2S. 40 substituted (1.10.2002 except in relation to W. and 19.12.2002 otherwise) by Education Act 2002 (c. 32), ss. 180, 216, (with ss. 210(8), 214(4)); S.I. 2002/2439, art. 3; S.I. 2002/3185, art. 4

F6Words in s. 40(4) substituted (1.9.2005 for E., 1.9.2006 for W.) by Education Act 2005 (c. 18), s. 125(4), Sch. 9 para. 13; S.I. 2005/2034, art. 4; S.I. 2006/1338, art. 3, Sch. 1

Modifications etc. (not altering text)