Commentary on Sections

Part 1 – Children’s Services

Section 2: Participation in inspections

11.Subsection (1) allows Scottish Ministers to direct persons or bodies not listed in section 1(7) to participate in a joint inspection.  This enables Scottish Ministers to include lay people or specific organisations with particular knowledge or expertise in any aspect of services for children.  The direction to participate may specify that participation is only to a limited extent or for a limited purpose.

12.Subsection (2) gives Scottish Ministers the power, when directing the participation in a joint inspection of a person or body in terms of subsection (1), to limit the exercise by that person or body of the powers conferred under section 3 in relation to the conduct of joint inspections.  In some cases, it would not be appropriate for such a person or body to have access to, for example, sensitive and personal information.