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The Children Act 2004 (Joint Area Reviews) Regulations 2015

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Regulation 2

SCHEDULEPowers of Entry etc. for the Purposes of Reviews

This schedule has no associated Explanatory Memorandum

The Chief Inspector of Schools

1.—(1) This paragraph applies where the Chief Inspector of Schools—

(a)is conducting a review; and

(b)in the course of that review, reviews children’s services(1) that —

(i)are provided in the exercise of, or pursuant to arrangements made in the exercise of, a relevant function; or

(ii)are related activities in relation to a relevant function.

(2) In this paragraph—

(a)“relevant function” means a function to which Chapter 4 of Part 8 of the Education and Inspections Act 2006 (inspection of local authorities in England) applies (see section 135(1) of that Act)(2);

(b)“related activity” has the same meaning as in that Chapter (see section 135(2) of that Act).

(3) The following provisions of the Education and Inspections Act 2006 apply for the purposes of the review of the children’s services mentioned in paragraph (1)(b) as they apply for the purposes of an inspection under section 136 of that Act —

(a)section 139 (power of entry)(3);

(b)section 140 (power to inspect documents etc.);

(c)section 141 (power to require information etc.).

2.—(1) This paragraph applies where the Chief Inspector of Schools—

(a)is conducting a review; and

(b)in the course of that review, reviews children’s services that may be made the subject of an area inspection under section 128(5) of the Education and Inspections Act 2006 (area inspections).

(2) The following provisions of the Education and Inspections Act 2006 apply for the purposes of the review of the children’s services mentioned in paragraph (1)(b) as they apply for the purposes of an inspection under section 128 of that Act —

(a)section 128(3), (4), (6) and (7)(4);

(b)section 131 (power of entry);

(c)section 132 (power to inspect documents, etc.).

3.—(1) This paragraph applies where the Chief Inspector of Schools —

(a)is conducting a review; and

(b)in the course of that review, reviews children’s services that comprise services provided in pursuance of section 68 of the Education and Skills Act 2008 (support services: provision by local authorities)(5).

(2) The following provisions apply for the purposes of the review of the children’s services mentioned in paragraph (1)(b) as they apply for the purposes of an inspection under section 75 of the Education and Skills Act 2008 (inspection)—

(a)section 10(1)(a) and (d) of the Education Act 2005 (right of access)(6);

(b)section 58 of that Act (computer records);

(c)section 75(7) of the Education and Skills Act 2008 (offence of obstruction).

4.—(1) This paragraph applies where the Chief Inspector of Schools—

(a)is conducting a review; and

(b)in the course of that review, reviews children’s services that are provided in the exercise of the functions of the Children and Family Court Advisory and Support Service and its officers.

(2) The following provisions of the Education and Inspections Act 2006 apply for the purposes of the review of the children’s services mentioned in paragraph (1)(b) as they apply for the purposes of an inspection under section 143 of that Act—

(a)section 144 (power of entry);

(b)section 145 (power to inspect documents etc.).

Care Quality Commission

5.—(1) This paragraph applies where the Care Quality Commission—

(a)is conducting a review; and

(b)in the course of that review, reviews children’s services that comprise—

(i)the provision of health care within the meaning given in section 9(2) of the Health and Social Care Act 2008 (health or social care)(7); or

(ii)the promotion and protection of public health.

(2) The following provisions of the Health and Social Care Act 2008 apply for the purposes of the review of the children’s services mentioned in paragraph (1)(b) as they apply for the purposes of an inspection under Chapter 6 of Part 1 of that Act—

(a)section 62 (entry and inspection);

(b)section 63 (entry and inspection: supplementary); and

(c)section 64 (power to require documents and information etc.)(8).

Her Majesty’s Chief Inspector of Constabulary

6.—(1) This paragraph applies where Her Majesty’s Chief Inspector of Constabulary—

(a)is conducting a review; and

(b)in the course of that review, reviews children’s services that relate to anything done for or in relation to children by—

(i)a police force maintained under section 2 of the Police Act 1996(9);

(ii)the metropolitan police force, maintained under section 5A(10) of that Act; or

(iii)the City of London police force.

(2) The following provisions of the Police Act 1996 apply for the purposes of the review of the children’s services mentioned in paragraph (1)(b) as they apply for the purposes of an inspection under section 54(11) of that Act—

(a)paragraph 6A of Schedule 4A (powers of inspector regarding information etc.);

(b)paragraph 6B of Schedule 4A (powers of inspectors regarding access to police premises)(12).

Her Majesty’s Chief Inspector of Probation for England and Wales

7.—(1) This paragraph applies where the Chief Inspector of Probation for England and Wales—

(a)is conducting a review; and

(b)in the course of that review, reviews children’s services that are provided pursuant to arrangements made by the Secretary of State under section 3 of the Offender Management Act 2007 (power to make arrangements for the provision of probation services)(13).

(2) The following provisions of the Police Act 1996 apply for the purposes of the review of the children’s services mentioned in paragraph (1)(b) as they apply for the purposes of an inspection under section 54 of that Act—

(a)paragraph 6A of Schedule 4A (powers of inspection regarding information etc.);

(b)paragraph 6B of Schedule 4A (powers of inspectors regarding access to police premises).

(3) In their application by virtue of paragraph (2), paragraphs 6A and 6B of Schedule 4A to the Police Act 1996 have effect as if—

(a)references to an inspector were references to the Chief Inspector of Probation for England and Wales;

(b)references to the chief officer of police force were references to a provider of probation services; and

(c)the reference in paragraph 6B(1)(a) to premises were a reference to premises occupied for the purposes of the children’s services mentioned in paragraph (1)(b).

(4) In this paragraph, a “provider of probation services” has the meaning given in section 3(6) of the Offender Management Act 2007.

8.—(1) This paragraph applies where the Chief Inspector of Probation for England and Wales—

(a)is conducting a review; and

(b)in the course of that review, reviews children’s services which relate to the duties of a youth offending team under section 39 of the Crime and Disorder Act 1998 (youth offending teams)(14).

(2) The following provisions of the Police Act 1996 apply for the purposes of the review of the children’s services mentioned in paragraph (1)(b) as they apply for the purposes of an inspection under section 54 of that Act—

(a)paragraph 6A of Schedule 4A (powers of inspection regarding information etc.);

(b)paragraph 6B of Schedule 4A (powers of inspectors regarding access to police premises).

(3) In their application by virtue of paragraph (2), paragraphs 6A and 6B of Schedule 4A to the Police Act 1996 have effect as if—

(a)references to an inspector were references to the Chief Inspector of Probation for England and Wales;

(b)references to the chief officer of police of a police force were references to a youth offending team; and

(c)the reference in paragraph 6B(1)(a) to premises were a reference to premises occupied for the purposes of the children’s services mentioned in paragraph (1)(b).

Power to require information from the Local Safeguarding Children Board

9.—(1) This paragraph applies where a person or body to which section 20 of the Children Act 2004(15) applies—

(a)is conducting a review; and

(b)in the course of that review, reviews children’s services that are provided in the exercise of functions of the Local Safeguarding Children Board.

(2) Regulation 5 of the Local Safeguarding Children Boards (Review) Regulations 2013 (power to require information etc.)(16) applies for the purposes of a review of the children’s services mentioned in paragraph (1)(b) as it applies for the purposes of a review under those Regulations.

(3) In its application by virtue of paragraph (2), regulation 5 of the Local Safeguarding Children Boards (Review) Regulations 2013 have effect as if references to the Chief Inspector were references to the person or body conducting the review.

(1)

Section 23(3) of the Children Act 2004 defines “children’s services”.

(2)

2006 c. 40. Section 135 was amended by S.I. 2010/1158 and 2012/961.

(3)

Sections 139 and 140 were amended by S.I. 2012/1879.

(4)

Section 128(3) was amended by paragraph 34 of Schedule 16 to the Education Act 2011 (c. 21), by paragraph 55 of Schedule 14 to the Deregulation Act 2015 (c. 20) and by S.I. 2010/1080 and 2010/1158. Section 128(7) was amended by S.I. 2010/1158.

(5)

2008 c. 25. Section 68 was amended by section 28(3)(a) of the Education Act 2011 and by S.I. 2010/1158.

(8)

Section 64 was amended by paragraph 162 of Schedule 5, and by paragraph 11 of Schedule 19, to the Health and Social Care Act 2012 (c. 7).

(9)

1996 c. 16. Section 2 was amended by paragraph 4(2) and (3) of Schedule 16 to the Police Reform and Social Responsibility Act 2011 (c. 13).

(10)

Section 5A was inserted by section 310 of the Greater London Authority Act 1999 (c. 29) and amended by paragraph 6(2) and (3) of Schedule 16 to the Police Reform and Social Responsibility Act 2011.

(11)

Section 54 was amended by: paragraph 76 of Schedule 9 to the Police Act 1997 (c. 50); section 24(2) of the Local Government Act 1999 (c. 27); paragraph 7(1) of Schedule 4, and Part 3 of Schedule 7, to the Criminal Justice and Police Act 2001 (c. 16); sections 3(1) and 84 of, and paragraph 15 of Schedule 7 to, the Police Reform Act 2002 (c. 30); paragraph 71(2) and (3) of Schedule 4, and Part 2 of Schedule 17, to the Serious Organised Crime and Police Act 2005 (c. 15); section 129 of, and Part 8 of Schedule 28 to, the Criminal Justice and Immigration Act 2008 (c. 4); section 2(2) of, and Part 1 of Schedule 8 to, the Policing and Crime Act 2009 (c. 26); and section 83(2) to (7) of the Police Reform and Social Responsibility Act 2011.

(12)

Paragraphs 6A and 6B of Schedule 4A to the Police Act 1996 were inserted by section 86 of the Police Reform and Social Responsibility Act 2011.

(13)

2007 c. 21. Section 3 was amended by section 10 of the Offender Rehabilitation Act 2014 (c. 11).

(14)

1998 c. 37. Section 39 was amended by: paragraphs 4 and 151 of Schedule 7 to the Criminal Justice and Court Services Act 2000 (c. 43); section 18(9) and (10) of, and paragraph 5(3) of Schedule 2 to, the Children Act 2004 and Schedule 5 to that Act; paragraph 3(3) of Schedule 3 to the Offender Management Act 2007; paragraphs 86 and 87 of Schedule 5 to the Health and Social Care Act 2012; S.I. 2000/90; S.I. 2002/2469; and S.I. 2007/961.

(15)

See footnote to regulation 1(2). Section 20 was also amended by: paragraph 96(2) and (3) of Schedule 14, and Schedule 18, to the Children Act 2004; paragraph 78 of Schedule 5 to the Health and Social Care Act 2008; paragraph 68 of Schedule 12 to the Local Audit and Accountability Act 2014 (c. 2); S.I. 2008/912; and S.I. 2012/2401.

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