Part XII Miscellaneous and General
Notification of children accommodated in certain establishments
I185 Children accommodated by health authorities and local education authorities.
1
Where a child is provided with accommodation F68in England by any F69F1..., Special Health Authority,F64... F2National Health Service trustF3or NHS foundation trust or by a local authority F70in England in the exercise of education functions (“the accommodating authority”)—
a
for a consecutive period of at least three months; or
b
with the intention, on the part of that authority, of accommodating him for such a period,
the accommodating authority shall notify F4the appropriate officer of the responsible authority.
2
Where subsection (1) applies with respect to a child, the accommodating authority shall also notify F5the appropriate officer of the responsible authority when they cease to accommodate the child.
F652ZA
Where a child is provided with accommodation—
a
by a body which is not mentioned in subsection (1), and
b
F62A
In a case where the child is F71provided with accommodation in England by a local authority in England in the exercise of education functions, subsections (1) and (2) apply only if the local authority providing the accommodation is different from the responsible authority.
3
In this section “the responsible authority” means—
a
the local authority appearing to the accommodating authority to be the authority within whose area the child was ordinarily resident immediately before being accommodated; or
b
where it appears to the accommodating authority that a child was not ordinarily resident within the area of any local authority, the local authority within whose area the accommodation is situated.
F73A
In this section and sections 86 and 86A “ the appropriate officer ” means—
a
in relation to a local authority in England, their director of children's services; and
b
in relation to a local authority in Wales, their F72director of social services.
4
Where F8the appropriate officer of aF73local authority in England has been notified under this section, or under section 120 of the Social Services and Well-being (Wales) Act 2014 (assessment of children accommodated by health authorities and education authorities), F9the local authority shall—
a
take such steps as are reasonably practicable to enable them to determine whether the child’s welfare is adequately safeguarded and promoted while he is accommodated by the accommodating authority; and
b
consider the extent to which (if at all) they should exercise any of their functions under this Act with respect to the child.
F105
For the purposes of subsection (4)(b), if the child is not in the area of the local authority, they must treat him as if he were in that area.
I286F11 Children accommodated in care homes or independent hospitals.
1
Where a child is provided with accommodation F74in England in any F12care home or independent hospital—
a
for a consecutive period of at least three months; or
b
with the intention, on the part of the person taking the decision to accommodate him, of accommodating him for such period,
2
3
Where F18the appropriate officer of a local authority has been notified under this section, F19the local authority shall—
a
take such steps as are reasonably practicable to enable them to determine whether the child’s welfare is adequately safeguarded and promoted while he is accommodated in F20the establishment in question ; and
b
consider the extent to which (if at all) they should exercise any of their functions under this Act with respect to the child.
4
If the person carrying on any F21care home or independent hospital fails, without reasonable excuse, to comply with this section he shall be guilty of an offence.
5
6
Any person who intentionally obstructs another in the exercise of the power of entry shall be guilty of an offence.
7
Any person exercising the power of entry shall, if so required, produce some duly authenticated document showing his authority to do so.
8
Any person committing an offence under this section shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.
86AF49Visitors for children notified to local authority F67...
1
This section applies if the appropriate officer of a local authority F76in England—
a
has been notified with respect to a child under section 85(1) or 86(1) F77“, or under section 120(2)(a) of the Social Services and Well-being (Wales) Act 2014; and
b
has not been notified with respect to that child under section 85(2) F78, 86(2), or under section 120(2)(b) of the Social Services and Well-being (Wales) Act 2014, as the case may be.
2
The local authority must, in accordance with regulations made under this section, make arrangements for the child to be visited by a representative of the authority (“a representative”).
3
It is the function of a representative to provide advice and assistance to the local authority on the performance of their duties under section 85(4) or, as the case may be, 86(3).
4
Regulations under this section may make provision about—
a
the frequency of visits under visiting arrangements;
b
circumstances in which visiting arrangements must require a child to be visited; and
c
additional functions of a representative.
5
Regulations under this section are to be made by the Secretary of State F79....
6
In choosing a representative a local authority must satisfy themselves that the person chosen has the necessary skills and experience to perform the functions of a representative.
7
In this section “ visiting arrangements ” means arrangements made under subsection (2).
I3C187F22Welfare of children in boarding schools and colleges.
F231
Where a school or college provides accommodation for any child, it shall be the duty of the relevant person to safeguard and promote the child’s welfare.
F511A
For the purposes of this section and sections 87A to 87D, a school or college provides accommodation for a child if—
a
it provides accommodation for the child on its own premises, or
b
it arranges for accommodation for the child to be provided elsewhere (other than in connection with a residential trip away from the school).
2
Subsection (1) does not apply in relation to a school or college which is a children’s home or care home.
3
Where accommodation is provided for a child by any school or college the appropriate authority shall take such steps as are reasonably practicable to enable them to determine whether the child’s welfare is adequately safeguarded and promoted while F53accommodation for the child is provided by the school or college.
F523A
Where accommodation is provided for a child by a school or college in England, the Secretary of State may at any time (including a time when the duty under subsection (3) is suspended by virtue of section 87A) direct the Chief Inspector for England to take the steps referred to in subsection (3).
3B
Where accommodation is provided for a child by a school or college in Wales, the Welsh Ministers may, at any time when the duty under subsection (3) is suspended by virtue of section 87A, take the steps referred to in subsection (3).
4
Where F24the Chief Inspector for England is of the opinion that there has been a failure to comply with subsection (1) in relation to a child provided with accommodation by a school or F25college in England, he shall—
a
b
in the case of a special school which is maintained by a F26local authority, notify that authority;
c
in any other case, notify the Secretary of State.
4A
Where the National Assembly for Wales are of the opinion that there has been a failure to comply with subsection (1) in relation to a child provided with accommodation by a school or college F27in Wales, they shall—
a
in the case of a school other than an independent school or a special school, notify the F26local authority for the area in which the school is situated;
b
in the case of a special school which is maintained by a F26local authority, notify that authority.
5
Where accommodation is, or is to be, provided for a child by any school or college, a person authorised by the appropriate authority may, for the purpose of enabling that authority to discharge F54any of its functions under this section, enter at any time premises which are, or are to be, premises of the school or college.
6
Any person F28exercising the power conferred by subsection (5) may carry out such inspection of premises, children and records as is prescribed by regulations made by the Secretary of State for the purposes of this section.
7
Any person exercising that power shall, if asked to do so, produce some duly authenticated document showing his authority to do so.
8
Any person authorised by the regulations to inspect records—
a
shall be entitled at any reasonable time to have access to, and inspect and check the operation of, any computer and any associated apparatus or material which is or has been in use in connection with the records in question; and
b
may require—
i
the person by whom or on whose behalf the computer is or has been so used; or
ii
any person having charge of, or otherwise concerned with the operation of, the computer, apparatus or material,
to afford him such assistance as he may reasonably require.
9
Any person who intentionally obstructs another in the exercise of any power conferred by this section or the regulations shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.
F299A
Where F30the Chief Inspector for England or the National Assembly for Wales exercises the power conferred by subsection (5) in relation to a child, F31that authority must publish a report on whether the child’s welfare is adequately safeguarded and promoted while F55accommodation for the child is provided by the school or college.
9B
Where F32the Chief Inspector for England or the National Assembly for Wales publishes a report under this section, it must—
a
send a copy of the report to the school or college concerned; and
b
make copies of the report available for inspection at its offices by any person at any reasonable time.
9C
Any person who requests a copy of a report published under this section is entitled to have one on payment of such reasonable fee (if any) as F33the Chief Inspector for England or the National Assembly for Wales (as the case may be) considers appropriate.
F3410
In this section and sections 87A to 87D—
“ the 1992 Act ” means the M1 Further and Higher Education Act 1992;
“ appropriate authority ” means—
- a
in relation to England, F35the Chief Inspector for England;
- b
in relation to Wales, the National Assembly for Wales;
- a
F36“ the Chief Inspector for England ” means Her Majesty's Chief Inspector of Education, Children's Services and Skills;
“ college ” means an institution within the further education sector as defined in section 91 of the 1992 Act F59 or a 16 to 19 Academy ;
F37 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
“ further education corporation ” has the same meaning as in the 1992 Act;
F26local authority and “proprietor” have the same meanings as in the M2 Education Act 1996
F38“sixth form college corporation” has the same meaning as in the 1992 Act.
11
In this section and sections 87A and 87D “ relevant person ” means—
a
in relation to an independent school F62or an alternative provision Academy that is not an independent school, the proprietor of the school;
b
in relation to any other school, or an institution designated under section 28 of the 1992 Act, the governing body of the school or institution;
c
in relation to an institution conducted by a further education corporation F39or sixth form college corporation, the corporation.
F60d
in relation to a 16 to 19 Academy, the proprietor of the Academy.
12
Where a person other than the proprietor of an independent school F63 or an alternative provision Academy that is not an independent school is responsible for conducting the school, references in this section to the relevant person include references to the person so responsible.
C2 87A F40 Suspension of duty under section 87(3).
1
The Secretary of State may appoint a person to be an inspector for the purposes of this section if—
a
that person already acts as an inspector for other purposes in relation to schools or colleges to which section 87(1) applies, and
b
the Secretary of State is satisfied that the person is an appropriate person to determine whether the welfare of children provided with accommodation by such schools or colleges is adequately safeguarded and promoted while F57accommodation for the children is provided by them.
2
Where—
a
the relevant person enters into an agreement in writing with a person appointed under subsection (1),
b
the agreement provides for the person so appointed to have in relation to the school or college the function of determining whether section 87(1) is being complied with, and
c
the appropriate authority receive from the person mentioned in paragraph (b) (“the inspector”) notice in writing that the agreement has come into effect,
the appropriate authority’s duty under section 87(3) in relation to the school or college shall be suspended.
3
Where the appropriate authority’s duty under section 87(3) in relation to any school or college is suspended under this section, it shall cease to be so suspended if the appropriate authority receive—
a
a notice under subsection (4) relating to the inspector, or
b
a notice under subsection (5) relating to the relevant agreement.
4
The Secretary of State shall terminate a person’s appointment under subsection (1) if—
a
that person so requests, or
b
the Secretary of State ceases, in relation to that person, to be satisfied that he is such a person as is mentioned in paragraph (b) of that subsection,
and shall give notice of the termination of that person’s appointment to the appropriate authority.
F564A
The Secretary of State may by regulations specify matters that must be taken into account in deciding whether to appoint a person to be an inspector for the purposes of this section in relation to schools or colleges in England, or to terminate the appointment of such a person under subsection (4)(b).
5
Where—
a
the appropriate authority’s duty under section 87(3) in relation to any school or college is suspended under this section, and
b
the relevant agreement ceases to have effect,
the inspector shall give to the appropriate authority notice in writing of the fact that it has ceased to have effect.
6
In this section references to the relevant agreement, in relation to the suspension of the appropriate authority’s duty under section 87(3) as regards any school or college, are to the agreement by virtue of which the appropriate authority’s duty under that provision as regards that school or college is suspended.
F41C3 87B Duties of inspectors under section 87A.
1
The Secretary of State may impose on a person appointed under section 87A(1) (“an authorised inspector”) such requirements relating to, or in connection with, the carrying out under substitution agreements of the function mentioned in section 87A(2)(b) as the Secretary of State thinks fit.
2
Where, in the course of carrying out under a substitution agreement the function mentioned in section 87A(2)(b), it appears to an authorised inspector that there has been a failure to comply with section 87(1) in the case of a child provided with accommodation by the school F42or college to which the agreement relates, the inspector shall give notice of that fact
F43a
b
in the case of a special school which is maintained by a F44local authority, to that authority;
c
in any other case, to the Secretary of State.
3
Where, in the course of carrying out under a substitution agreement the function mentioned in section 87A(2)(b), it appears to an authorised inspector that a child provided with accommodation by the school F45or college to which the agreement relates is suffering, or is likely to suffer, significant harm, the inspector shall—
a
give notice of that fact to the local authority in whose area the school F45or college is situated, and
b
where the inspector is required to make inspection reports to the Secretary of State, supply that local authority with a copy of the latest inspection report to have been made by the inspector to the Secretary of State in relation to the school F45or college.
F464
In this section “substitution agreement” means an agreement by virtue of which the duty of the appropriate authority under section 87(3) in relation to a school or college is suspended.
87BAF50Quality assurance of inspectors under section 87A
1
The Chief Inspector for England must, at intervals of no more than a year, prepare and send to the Secretary of State a report about inspectors who are appointed under section 87A in relation to schools or colleges in England.
2
In preparing a report under this section the Chief Inspector for England must have regard to such matters as the Secretary of State may direct.
3
The Secretary of State may in particular give directions about—
a
matters to be taken into account in preparing a report, and
b
the form and contents of a report.
C4 87C F47 Boarding schools: national minimum standards.
1
The Secretary of State may prepare and publish statements of national minimum standards for safeguarding and promoting the welfare of children for whom accommodation is provided F58by a school or college.
2
The Secretary of State shall keep the standards set out in the statements under review and may publish amended statements whenever he considers it appropriate to do so.
3
Before issuing a statement, or an amended statement which in the opinion of the Secretary of State effects a substantial change in the standards, the Secretary of State shall consult any persons he considers appropriate.
4
The standards shall be taken into account—
a
in the making by the appropriate authority of any determination under section 87(4) or (4A);
b
in the making by a person appointed under section 87A(1) of any determination under section 87B(2); and
c
in any proceedings under any other enactment in which it is alleged that the person has failed to comply with section 87(1).
C5 87D F48 Annual fee for boarding school inspections.
1
Regulations under subsection (2) may be made in relation to any school or college in respect of which the appropriate authority is required to take steps under section 87(3).
2
The Secretary of State may by regulations require the relevant person to pay the appropriate authority an annual fee of such amount, and within such time, as the regulations may specify.
3
A fee payable by virtue of this section may, without prejudice to any other method of recovery, be recovered summarily as a civil debt.