Cooperation with inspections
Section 52 – Powers of entry and inspection
122.This section provides a person tasked with carrying out an inspection (whether the Chief Inspector, another Inspector, or a person asked to assist with an inspection) with the authority to enter any relevant educational establishment (as defined in section 39) in order to be able to fulfil that function.
123.This power must be exercised at a reasonable hour and only allows entry to a dwelling-house with the permission of the Scottish Ministers (this could be relevant to, for example, an inspection of residential accommodation where a student is living in a placement arranged to secure their attendance at a school). This power does not authorise entry by force.
124.A person exercising this power of entry must produce evidence of their identity and authority if asked to do so. They may also take onto the premises such other persons as they require in order to carry out the inspection.
Section 53 – Duty to provide assistance
125.This section requires the managers of a relevant educational establishment (as defined in section 39) which is being inspected to provide assistance and co-operation to the persons carrying out the inspection, in particular making available any relevant documents and taking all reasonable steps to secure access to places where education is provided by arrangement with the establishment to those in attendance at the establishment. For example, where a school uses private property owned by someone else for its pupils’ sporting activities, this might include entering into suitable contractual arrangements which allow for the provision of access for inspections, and making the necessary practical arrangements.
Section 54 – Offences
126.Section 54 provides that failing to comply with the duty to provide assistance in section 53 without reasonable excuse is an offence. Intentionally obstructing an Inspector or other person carrying out an inspection under this Part is also an offence. The penalty for these offences is a fine not exceeding level 4 on the standard scale (£2,500 as at the date of production of these Notes).
