Childcare Act 2006 (c. 21)

Part 3 E+W Regulation of Provision of Childcare in England

Chapter 2 E+W Regulation of early years provision

Inspection E+W

49 Inspections E+W

(1) This section applies to early years provision in respect of which the early years provider is registered [F1 in the early years register ].

(2) The Chief Inspector—

(a) must at such intervals as may be prescribed inspect early years provision to which this section applies,

(b) must inspect early years provision to which this section applies at any time when the Secretary of State requires the Chief Inspector to secure its inspection, and

(c) may inspect early years provision to which this section applies at any other time when the Chief Inspector considers that it would be appropriate for it to be inspected.

(3) Regulations may provide that in prescribed circumstances the Chief Inspector is not required to inspect early years provision at an interval prescribed for the purposes of subsection (2)(a).

(4) Regulations may provide that the Chief Inspector is not required by subsection (2)(a) to inspect early years provision at an [F2 independent educational institution] [F3 or an alternative provision Academy that is not an independent school] if the early years provision is inspected in prescribed circumstances by a body approved by the Secretary of State for the purposes of this subsection.

(5) A requirement made by the Secretary of State as mentioned in subsection (2)(b) may be imposed in relation to early years provision at particular premises or a class of premises.

[F4 (5A) The Chief Inspector may charge a prescribed fee for conducting an inspection of early years provision where—

(a) the inspection is conducted at the request of a registered person who provides that early years provision, and

(b) the Chief Inspector is required by the Secretary of State under subsection (2)(b) to conduct that inspection.]

(6) Regulations may make provision requiring the registered person to notify prescribed persons of the fact that early years provision is to be inspected under this section.

(7) If the Chief Inspector so elects in the case of an inspection falling within paragraph (b) or (c) of subsection (2), that inspection is to be treated as if it were an inspection falling within paragraph (a) of that subsection.

Textual Amendments

F1 Words in s. 49(1) substituted (1.4.2014 for specified purposes, 1.9.2014 in so far as not already in force) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 4 para. 12; S.I. 2014/889, arts. 3(m), 7(e)

F2 Words in s. 49(4) substituted (5.1.2015) by Education and Skills Act 2008 (c. 25), s. 173(4), Sch. 1 para. 33; S.I. 2014/3364, art. 2(z)

F3 Words in s. 49(4) inserted (1.4.2012) by The Alternative Provision Academies (Consequential Amendments to Acts) (England) Order 2012 (S.I. 2012/976), art. 1, Sch. para. 18 (with art. 3)

F4 S. 49(5A) inserted (13.5.2014) by Children and Families Act 2014 (c. 6), ss. 85, 139(6); S.I. 2014/889, art. 5(d)

Commencement Information

I1 S. 49 in force at 1.10.2007 for specified purposes by S.I. 2007/2717, art. 2(c)

I2 S. 49 in force at 1.9.2008 in so far as not already in force by S.I. 2008/2261, art. 2 (with Schs. 1, 2)

50 Report of inspections E+W

(1) After conducting an inspection under section 49, the Chief Inspector must make a report in writing on—

(a) the contribution of the early years provision to the well-being of the children for whom it is provided,

(b) the quality and standards of the early years provision,

(c) how far the early years provision meets the needs of the range of children for whom it is provided, and

(d) the quality of leadership and management in connection with the early years provision.

(2) The Chief Inspector—

(a) may send a copy of the report to the Secretary of State and must do so without delay if the Secretary of State requests a copy,

(b) must ensure that a copy of the report is sent without delay to the registered person, 23

(c) must ensure that copies of the report, or such parts of it as he considers appropriate, are sent to such other persons as may be prescribed, and

(d) may arrange for the report (or parts of it) to be further published in any manner he considers appropriate.

(3) Regulations may make provision—

(a) requiring the registered person to make a copy of any report sent to him under subsection (2)(b) available for inspection by prescribed persons;

(b) requiring the registered person, except in prescribed cases, to provide a copy of the report to prescribed persons;

(c) authorising the registered person in prescribed cases to charge a fee for providing a copy of the report.

F5 (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F5 S. 50(4) repealed (1.4.2007) by Education and Inspections Act 2006 (c. 40), s. 188(3), Sch. 14 para. 111, Sch. 18 Pt. 5; S.I. 2007/935, art. 5(gg)(ii)

Commencement Information

I3 S. 50 in force at 1.9.2008 in so far as not already in force by S.I. 2008/2261, art. 2 (with Schs. 1, 2)

I4 S. 50(1)-(3) in force at 1.10.2007 for specified purposes by S.I. 2007/2717, art. 2(c)