Part XII Miscellaneous and General
Notification of children accommodated in certain establishments
I1C187F1Welfare of children in boarding schools and colleges.
F21
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.
F191A
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 F21accommodation for the child is provided by the school or college.
F203A
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 F3the 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 F4college in England, he shall—
a
in the case of a school other than an independent school or a special school, notify the F5local authority for the area in which the school is situated;
b
in the case of a special school which is maintained by a F5local 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 F6in Wales , they shall—
a
in the case of a school other than an independent school or a special school, notify the F5local authority for the area in which the school is situated;
b
in the case of a special school which is maintained by a F5local 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 F22any 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 F7exercising 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.
F89A
Where F9the Chief Inspector for England or the National Assembly for Wales exercises the power conferred by subsection (5) in relation to a child, F10that authority must publish a report on whether the child’s welfare is adequately safeguarded and promoted while F23accommodation for the child is provided by the school or college.
9B
Where F11the 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 F12the Chief Inspector for England or the National Assembly for Wales (as the case may be) considers appropriate.
F1310
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, F14the Chief Inspector for England ;
- b
in relation to Wales, the National Assembly for Wales;
- a
F15 “ 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;
F16 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
“ further education corporation ” has the same meaning as in the 1992 Act;
F5 local authority and “ proprietor ” have the same meanings as in the M2 Education Act 1996
F17 “ 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, 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 F18or sixth form college corporation, the corporation.
12
Where a person other than the proprietor of an independent school is responsible for conducting the school, references in this section to the relevant person include references to the person so responsible.