Education Act 1997

[F1 40 Inspector’s rights of entry etc. E+W

(1) This section applies where a [F2 local authority] are inspected under section 38.

(2) The inspector, and any person assisting him, shall have at all reasonable times a right of entry to—

(a) the premises of the [F2 local authority],

(b) the premises of any school maintained by the authority, and

(c) any other premises at which relevant section 19 [F3 or 19A] education is provided, other than premises which are or form part of a private dwelling house but are not a school.

(3) The inspector, and any person assisting him, shall also have at all reasonable times a right to inspect and take copies of—

(a) any records kept by, and any other documents containing information relating to, the [F2 local authority] or any school maintained by the authority, and

(b) any records kept by a person who provides relevant section 19 [F4 or 19A] education that relate to the provision of that education, and any other documents containing information that so relates;

which he considers relevant to the exercise of his functions.

(4) [F5 Section 58 of the Education Act 2005] (inspection of computer records) shall apply for the purposes of subsection (3) as it applies for the purposes of Part 1 of that Act.

(5) Without prejudice to subsections (2) and (3), the [F2 local authority] and the governing body of any school maintained by the authority—

(a) shall give the inspector and any person assisting him, all assistance in connection with the exercise of his functions which they are reasonably able to give, and

(b) shall secure that all such assistance is also given by persons who work at the school.

(6) It shall be an offence wilfully to obstruct the inspector or any person assisting him in the exercise of his functions in relation to the inspection.

(7) A person guilty of an offence under subsection (6) shall be liable on summary conviction to a fine not exceeding level 4 on the standard scale.

(8) In this section—

• “document” and “records” each include information recorded in any form; and

• “relevant section 19 [F6 or 19A] education” means education provided to a child by virtue of arrangements made by the [F2 local authority] under section 19 [F6 or 19A] of the Education Act 1996 (exceptional provision of education at schools or otherwise).]

Textual Amendments

F1 S. 40 substituted (1.10.2002 except in relation to W. and 19.12.2002 otherwise) by Education Act 2002 (c. 32), ss. 180, 216, (with ss. 210(8), 214(4)); S.I. 2002/2439, art. 3; S.I. 2002/3185, art. 4

F2 Words in Act substituted (5.5.2010) by The Local Education Authorities and Children’s Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), Sch. 2 para. 8(2)

F3 Words in s. 40(2)(c) inserted (1.9.2022 for specified purposes, 1.9.2023 for specified purposes, 1.9.2024 for specified purposes) by The Curriculum and Assessment (Wales) Act 2021 (Consequential Amendments) (Primary Legislation) Regulations 2022 (S.I. 2022/744), reg. 1(3), Sch. 2 para. 3(6)(a)

F4 Words in s. 40(3)(b) inserted (1.9.2022 for specified purposes, 1.9.2023 for specified purposes, 1.9.2024 for specified purposes) by The Curriculum and Assessment (Wales) Act 2021 (Consequential Amendments) (Primary Legislation) Regulations 2022 (S.I. 2022/744), reg. 1(3), Sch. 2 para. 3(6)(b)

F5 Words in s. 40(4) substituted (1.9.2005 for E., 1.9.2006 for W.) by Education Act 2005 (c. 18), s. 125(4), Sch. 9 para. 13; S.I. 2005/2034, art. 4; S.I. 2006/1338, art. 3, Sch. 1

F6 Words in s. 40(8) inserted (1.9.2022 for specified purposes, 1.9.2023 for specified purposes, 1.9.2024 for specified purposes) by The Curriculum and Assessment (Wales) Act 2021 (Consequential Amendments) (Primary Legislation) Regulations 2022 (S.I. 2022/744), reg. 1(3), Sch. 2 para. 3(6)(c)

Modifications etc. (not altering text)

C1 S. 40(2)(3)(5)-(7) applied (E.) (1.9.2005) by Children Act 2004 (Joint Area Reviews) Regulations 2005 (S.I. 2005/1973), reg. 1(1), Sch. para. 2(a)