Education and Inspections Act 2006

Education and Inspections Act 2006

2006 CHAPTER 40

Commentary

Part 8 – Inspections

Chapter 6 – Further provisions relating to functions of Chief Inspector

Schedule 13: Interaction with other authorities

606. Paragraph 1 defines the inspection authorities to which this Schedule applies: the five existing criminal justice inspectorates, the Commission for Healthcare Audit and Inspection, CSCI and the Audit Commission. The cooperation arrangements, under paragraph 6, apply to the inspectorates as a whole, whereas the reciprocal arrangements for notification of inspection programmes, under paragraph 4 or 5, apply to the relevant chief inspectors. It is expected that the list will be amended in due course as the Government’s policy on public services inspection is implemented and the number of public sector inspectorates reduced. (In due course, similar provisions will appear in legislation establishing the other inspectorates.)

607. Paragraph 3 gives the Chief Inspector power to delegate any of his inspection functions to a public authority (“public authority” is defined in paragraph 2). For example, the Chief Inspector may need to delegate functions to another inspection authority to enable efficient management of a joint inspection.

608. Paragraph 4 and 5 are designed to ensure that the inspection authorities co-operate, work efficiently together and do not duplicate inspections so as to place unnecessary burdens on those being inspected. Under paragraph 4 the Chief Inspector must prepare from time to time a document setting out his “inspection programme” and his “inspection framework”, the latter being a document setting out the manner in which he proposes to carry out his inspection and reporting functions. In preparing his inspection programmes and framework, the Chief Inspector must consult the Secretary of State and the other inspection authorities.

609. Under paragraph 5, if an inspectorate proposes an inspection that the Chief Inspector considers would impose an unreasonable burden on a “specified institution”, he must give notice that it should not proceed or should not proceed in the manner proposed. “Specified institutions” will be listed by order but must be services the Chief Inspector inspects or regulates as registration authority. Where such notice has been given, the proposed inspection activity is prevented from taking place or from taking place in the planned manner. However, should the Secretary of State subsequently be satisfied that the proposed inspection would not impose an unreasonable burden or would not do so if carried out in another way, it can proceed. In this way the Chief Inspector will be able to minimise the burdens on institutions for which he has responsibility. The other public service inspectorates will be under similar duties for organisations or institutions they inspect or regulate.

610. Paragraph 6 requires the Chief Inspector to co-operate with the inspection authorities or another public authority. Paragraph 7 enables the Chief Inspector to act jointly with another public authority, and paragraph 8 enables him to provide advice or assistance to other public authorities. Paragraph 9 allows the Chief Inspector to make arrangements with a public authority to carry out inspections in England, Wales or Northern Ireland.

611. Paragraph 10 enables the Chief Inspector, with the consent of the Secretary of State, to make charges for acting under paragraph 8 or 9.