Children Act 1989

Notification of children accommodated in certain establishments E+W

85 Children accommodated by health authorities and local education authorities. E+W

(1) Where a child is provided with accommodation by any [F1 [F2 Local Health Board] , Special Health Authority,]F3 ...[F4 National Health Service trust][F5 or NHS foundation trust or by a local authority 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 [F6 the appropriate officer of] the responsible authority.

(2) Where subsection (1) applies with respect to a child, the accommodating authority shall also notify [F7 the appropriate officer of] the responsible authority when they cease to accommodate the child.

[F8 (2ZA) Where a child is provided with accommodation—

(a) by a body which is not mentioned in subsection (1), and

(b) pursuant to arrangements made by the Secretary of State, the National Health Service Commissioning Board or a clinical commissioning group under the National Health Service Act 2006,

subsections (1) and (2) apply in relation to the Secretary of State, the Board or (as the case may be) the clinical commissioning group as if it were the accommodating authority.]

[F9 (2A) In a case where the child is provided with accommodation by a local authority 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.

[F10 (3A) 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 lead director for children and young people's services.]

(4) Where [F11 the appropriate officer of a local authority has] been notified under this section, [F12 the 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.

[F13 (5) 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.]

Textual Amendments

F1 Words in s. 85(1) substituted(1.4.1996) by 1995 c. 17, s. 2(1)(3), Sch. 1 Pt. III, para. 118(9)(with Sch. 2 para. 6)

F2 Words in s. 85(1) substituted (1.4.2007) by The References to Health Authorities Order 2007 (S.I. 2007/961), arts. 2, 3, Sch. para. 20(2)(h)

F3 Words in s. 85(1) omitted (1.4.2013) by virtue of Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 5 para. 55(a); S.I. 2013/160, art. 2(2) (with arts. 7-10 Sch. Sch. para. 14)

F4 Words inserted by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 66(1), Sch. 9 para. 36(5)

F5 Words in s. 85(1) substituted (5.5.2010) by The Local Education Authorities and Children's Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), arts. 1, 5(1), Sch. 2 para. 37(10)(a)

F6 Words in s. 85(1) inserted (1.4.2011) by Children and Young Persons Act 2008 (c. 23), ss. 17(2), 44; S.I. 2010/2981, art. 2(a)

F7 Words in s. 85(2) inserted (1.4.2011) by Children and Young Persons Act 2008 (c. 23), ss. 17(2), 44; S.I. 2010/2981, art. 2(a)

F8 S. 85(2ZA) inserted (1.4.2013) by Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 5 para. 55(b); S.I. 2013/160, art. 2(2) (with arts. 7-10 Sch. Sch. para. 14)

F9 S. 85(2A) inserted (5.5.2010) by The Local Education Authorities and Children's Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), arts. 1, 5(1), Sch. 2 para. 37(10)(b)

F10 S. 85(3A) inserted (1.4.2011) by Children and Young Persons Act 2008 (c. 23), ss. 17(3), 44; S.I. 2010/2981, art. 2(a)

F11 Words in s. 85(4) substituted (1.4.2011) by Children and Young Persons Act 2008 (c. 23), ss. 17(4)(a), 44; S.I. 2010/2981, art. 2(a)

F12 Words in s. 85(4) substituted (1.4.2011) by Children and Young Persons Act 2008 (c. 23), ss. 17(4)(b), 44; S.I. 2010/2981, art. 2(a)

F13 S. 85(5) added (1.4.2011) by Children and Young Persons Act 2008 (c. 23), ss. 17(5), 44; S.I. 2010/2981, art. 2(a)

Commencement Information

I1 S. 85 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)

86 [F14 Children accommodated in care homes or independent hospitals.] E+W

(1) Where a child is provided with accommodation in any [F15 care 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,

the person carrying on [F16 the establishment in question] shall notify [F17 the appropriate officer of] the local authority within whose area [F18 the establishment] is carried on.

(2) Where subsection (1) applies with respect to a child, the person carrying on [F19 the establishment] shall also notify [F20 the appropriate officer of] that authority when he ceases to accommodate the child in [F19 the establishment] .

(3) Where [F21 the appropriate officer of a local authority has] been notified under this section, [F22 the 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 [F23 the 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 [F24 care home or independent hospital] fails, without reasonable excuse, to comply with this section he shall be guilty of an offence.

(5) A person authorised by a local authority may enter any [F15 care home or independent hospital] within the authority’s area for the purpose of establishing whether the requirements of this section have been complied with.

(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.

Textual Amendments

F14 S. 86: sidenote substituted (1.4.2002) by 2000 c. 14, s. 116, Sch. 4 para. 14(20)(a); S.I. 2001/4150, art. 3(3)(a) (subject to transitional provision in art. 4 of the commencing S.I. and to the amendment of art. 3 by S.I. 2002/1493, art. 6); S.I. 2002/920, art. 3(3)(d) (with art. 3(4)-(10) and transitional provisions in Schs. 1-3)

F15 Words in s. 86(1)(5) substituted (1.4.2002) by 2000 c. 14, s. 116, Sch. 4 para. 14(20)(b); S.I. 2001/4150, art. 3(3)(a) (subject to transitional provision in art. 4 of the commencing S.I. and to the amendment of art. 3 by S.I. 2002/1493, art. 6); S.I. 2002/920, art. 3(3)(d) (with art. 3(4)-(10) and transitional provisions in Schs. 1-3)

F16 Words in s. 86(1) substituted (1.4.2011) by Children and Young Persons Act 2008 (c. 23), ss. 17(7)(a), 44; S.I. 2010/2981, {art. (2(a)}

F17 Words in s. 86(1) inserted (1.4.2011) by Children and Young Persons Act 2008 (c. 23), ss. 17(7)(b), 44; S.I. 2010/2981, {art. (2(a)}

F18 Words in s. 86(1) substituted (1.4.2011) by Children and Young Persons Act 2008 (c. 23), ss. 17(7)(c), 44; S.I. 2010/2981, {art. (2(a)}

F19 Words in s. 86(2) substituted (1.4.2011) by Children and Young Persons Act 2008 (c. 23), ss. 17(8)(a), 44; S.I. 2010/2981, {art. (2(a)}

F20 Words in s. 86(2) inserted (1.4.2011) by Children and Young Persons Act 2008 (c. 23), ss. 17(8)(b), 44; S.I. 2010/2981, {art. (2(a)}

F21 Words in s. 86(3) substituted (1.4.2011) by Children and Young Persons Act 2008 (c. 23), ss. 17(9)(a), 44; S.I. 2010/2981, {art. (2(a)}

F22 Words in s. 86(3) substituted (1.4.2011) by Children and Young Persons Act 2008 (c. 23), ss. 17(9)(b), 44; S.I. 2010/2981, {art. (2(a)}

F23 Words in s. 86(3)(a) substituted (1.4.2011) by Children and Young Persons Act 2008 (c. 23), ss. 17(9)(c), 44; S.I. 2010/2981, {art. (2(a)}

F24 Words in s. 86(4) substituted (1.4.2011) by Children and Young Persons Act 2008 (c. 23), ss. 17(10), 44; S.I. 2010/2981, {art. (2(a)}

Commencement Information

I2 S. 86 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)

[F25 86A Visitors for children notified to local authority under section 85 or 86 E+W

(1) This section applies if the appropriate officer of a local authority—

(a) has been notified with respect to a child under section 85(1) or 86(1); and

(b) has not been notified with respect to that child under section 85(2) or, as the case may be, 86(2).

(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 and the Welsh Ministers acting jointly.

(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). ]

Textual Amendments

F25 S. 86A inserted (1.1.2010 for certain purposes and 1.4.2011 otherwise) by Children and Young Persons Act 2008 (c. 23), ss. 18, 44; S.I. 2009/3354, art. 2; S.I. 2010/2981, art. 2(b)

87 [F26 Welfare of children in boarding schools and colleges.] E+W

[F27 (1) 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.

[F28 (1A) 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 [F29 accommodation for the child is provided] by the school or college.

[F30 (3A) 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 [F31 the 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 [F32 college in England, he shall]—

(a) in the case of a school other than an independent school [F33 , an alternative provision Academy that is not an independent school] or a special school, notify the [F34 local authority] for the area in which the school is situated;

(b) in the case of a special school which is maintained by a [F34 local 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 [F35 in Wales], they shall—

(a) in the case of a school other than an independent school or a special school, notify the [F34 local authority] for the area in which the school is situated;

(b) in the case of a special school which is maintained by a [F34 local 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 [F36 any 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 [F37 exercising] 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.

[F38 (9A) Where [F39 the Chief Inspector for England] or the National Assembly for Wales exercises the power conferred by subsection (5) in relation to a child, [F40 that authority must] publish a report on whether the child’s welfare is adequately safeguarded and promoted while [F41 accommodation for the child is provided] by the school or college.

(9B) Where [F42 the 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 [F43 the Chief Inspector for England] or the National Assembly for Wales (as the case may be) considers appropriate.]

[F44 (10) 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, [F45 the Chief Inspector for England];

  (b)

  in relation to Wales, the National Assembly for Wales;

• [F46 “ 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 [F47 or a 16 to 19 Academy] ;

• F48 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• “further education corporation” has the same meaning as in the 1992 Act;

• [F34 local authority] and “proprietor” have the same meanings as in the M2 Education Act 1996

• [F49 “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 [F50 or 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 [F51 or sixth form college corporation], the corporation.

[F52 (d) 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 [F53 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.]

Textual Amendments

F26 S. 87: sidenote substituted (1.4.2002 for E.) by 2000 c. 14, s. 116, Sch. 4 para. 14(21); S.I. 2001/4150, art. 3(3)(a) (subject to transitional provision in art. 4 of the commencing S.I. and to the amendment of art. 3 by S.I. 2002/1493, art. 6)

F27 S. 87(1)-(5) substituted (20.11.2001 (E.) for specified purposes and 1.4.2002 (E.) in so far as not already in force and 1.2.2003 (W.)) by 2000 c. 14, ss. 105(2), 122; S.I. 2001/3852, art. 3(3)(a)(iii)(7)(h) (subject to transitional provision in Sch. 1 of the commencing S.I. (as amended by S.I. 2001/4150, art. 5; S.I. 2002/1493, art. 5; S.I. 2002/1790, art. 2; S.I. 2002/2001, arts. 2, 3; S.I. 2002/3210, art. 2 (with art. 4); S.I. 2005/3397, art. 2)); S.I. 2003/152, art. 2(2)

F28 S. 87(1A) inserted (1.2.2012) by Education Act 2011 (c. 21), ss. 43(2)(a), 82(3); S.I. 2012/84, art. 3

F29 Words in s. 87(3) substituted (1.2.2012) by Education Act 2011 (c. 21), ss. 43(2)(b), 82(3); S.I. 2012/84, art. 3

F30 S. 87(3A)(3B) inserted (1.2.2012) by Education Act 2011 (c. 21), ss. 43(2)(c), 82(3); S.I. 2012/84, art. 3

F31 Words in s, 87(4) substituted (1.4.2007) by Education and Inspections Act 2006 (c. 40), ss. 157, 188, Sch. 14 para. 16(2)(a); S.I. 2007/935, art. 5(gg)

F32 Words in s. 87(4) substituted (1.4.2007) by Education and Inspections Act 2006 (c. 40), ss. 157, 188, Sch. 14 para. 16(2)(b); S.I. 2007/935, art. 5(gg)

F33 Words in s. 87(4)(a) inserted (1.4.2012) by The Alternative Provision Academies (Consequential Amendments to Acts) (England) Order 2012 (S.I. 2012/976), art. 1, Sch. para. 2(a) (with art. 3)

F34 Words in s. 87(4)(4A)(10) substituted (5.5.2010) by The Local Education Authorities and Children's Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), arts. 1, 5(1), Sch. 2 para. 37(11)

F35 Words in s. 87(4A) inserted (1.4.2007) by Education and Inspections Act 2006 (c. 40), ss. 157, 188, Sch. 14 para. 16(3); S.I. 2007/935, art. 5(gg)

F36 Words in s. 87(5) substituted (1.2.2012) by Education Act 2011 (c. 21), ss. 43(2)(d), 82(3); S.I. 2012/84, art. 3

F37 Words in s. 87(6) substituted (20.11.2001 (E.) for specified purposes and 1.4.2002 (E.) in so far as not already in force and 1.2.2003 (W.)) by 2000 c. 14, ss. 105(3), 122; S.I. 2001/3852, art. 3(3)(a)(iii)(7)(h) (subject to transitional provision in Sch. 1 of the commencing S.I. (as amended by S.I. 2001/4150, art. 5; S.I. 2002/1493, art. 5; S.I. 2002/1790, art. 2; S.I. 2002/2001, arts. 2, 3; S.I. 2002/3210, art. 2 (with art. 4); S.I. 2005/3397, art. 2)); S.I. 2003/152, art. 2(2)

F38 S. 87(9A)-(9C) inserted (1.4.2004) by Health and Social Care (Community Health and Standards) Act 2003 (c. 43), s. 111; S.I. 2004/759, art. 7; S.I. 2004/873, art. 2(e)

F39 Words in s. 87(9A) substituted (1.4.2007) by Education and Inspections Act 2006 (c. 40), ss. 157, 188, Sch. 14 para. 16(4); S.I. 2007/935, art. 5(gg)

F40 Words in s. 87(9A) substituted (1.4.2007) by Education and Inspections Act 2006 (c. 40), ss. 157, 188, Sch. 14 para. 16(4); S.I. 2007/935, art. 5(gg)

F41 Words in s. 87(9A) substituted (1.2.2012) by Education Act 2011 (c. 21), ss. 43(2)(e), 82(3); S.I. 2012/84, art. 3

F42 Words in s. 87(9B) substituted (1.4.2007) by Education and Inspections Act 2006 (c. 40), ss. 157, 188, Sch. 14 para. 16(4); S.I. 2007/935, art. 5(gg)

F43 Words in s. 87(9C) substituted (1.4.2007) by Education and Inspections Act 2006 (c. 40), ss. 157, 188, Sch. 14 para. 16(4); S.I. 2007/935, art. 5(gg)

F44 S. 87(10)(11)(12) substituted for s. 87(10) (20.11.2001 (E.) for specified purposes and 1.4.2002 (E.) in so far as not already in force and 1.2.2003 (W.)) by 2000 c. 14, ss. 105(4), 122; S.I. 2001/3852, art. 3(3)(a)(iii)(7)(h) (subject to transitional provision in Sch. 1 of the commencing S.I. (as amended by S.I. 2001/4150, art. 5; S.I. 2002/1493, art. 5; S.I. 2002/1790, art. 2; S.I. 2002/2001, arts. 2, 3; S.I. 2002/3210, art. 2 (with art. 4); S.I. 2005/3397, art. 2)); S.I. 2003/152, art. 2(2)

F45 Words in s. 87(10) substituted (1.4.2007) by Education and Inspections Act 2006 (c. 40), ss. 157, 188, Sch. 14 para. 16(5)(a); S.I. 2007/935, art. 5(gg)

F46 S. 87(10): definition of "the Chief Inspector for England" inserted (1.4.2007) by Education and Inspections Act 2006 (c. 40), ss. 157, 188, Sch. 14 para. 16(5)(b); S.I. 2007/935, art. 5(gg)

F47 Words in s. 87(10) inserted (1.4.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 13 para. 6(4)(a); S.I. 2012/924, art. 2

F48 S. 87(10): definition of "the Commission" repealed (1.4.2007) by Education and Inspections Act 2006 (c. 40), ss. 157, 184, 188, Sch. 14 para. 16(5)(c), Sch. 18 Pt. 5; S.I. 2007/935, art. 5(gg)(ii)

F49 Words in s. 87(10) inserted (1.4.2010) by The Apprenticeships, Skills, Children and Learning Act 2009 (Consequential Amendments) (England and Wales) Order 2010 (S.I. 2010/1080), art. 2(1) {Sch. 1 para. 90(a)}

F50 Words in s. 87(11)(a) inserted (1.4.2012) by The Alternative Provision Academies (Consequential Amendments to Acts) (England) Order 2012 (S.I. 2012/976), art. 1, Sch. para. 2(b) (with art. 3)

F51 Words in s. 87(11)(c) inserted (1.4.2010) by The Apprenticeships, Skills, Children and Learning Act 2009 (Consequential Amendments) (England and Wales) Order 2010 (S.I. 2010/1080), art. 2(1) {Sch. 1 para. 90(b)}

F52 S. 87(11)(d) inserted (1.4.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 13 para. 6(4)(b); S.I. 2012/924, art. 2

F53 Words in s. 87(12) inserted (1.4.2012) by The Alternative Provision Academies (Consequential Amendments to Acts) (England) Order 2012 (S.I. 2012/976), art. 1, Sch. para. 2(c) (with art. 3)

Modifications etc. (not altering text)

C1 S. 87: transfer of functions (1.4.2004 for E.) by Health and Social Care (Community Health and Standards) Act 2003 (c. 43), s. 110; S.I. 2004/759, art. 4(2)(a)

S. 87: transfer of functions (1.4.2007) by Education and Inspections Act 2006 (c. 40), ss. 148(3), 188; S.I. 2007/935, art. 5(u)

Commencement Information

I3 S. 87 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)

Marginal Citations

M1 1992 c. 13.

M2 1996 c. 56.

[F54 87A Suspension of duty under section 87(3). E+W

(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 [F55 accommodation 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.

[F56 (4A) 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.]

Textual Amendments

F54 S. 87A substituted (1.4.2002 (E.) and 1.2.2003 (W.)) by 2000 c. 14, ss. 106(1), 122; S.I. 2001/3852, art. 3(7)(h) (subject to transitional provision in Sch. 1 of the commencing S.I. (as amended by S.I. 2001/4150, art. 5; S.I. 2002/1493, art. 5; S.I. 2002/1790, art. 2; S.I. 2002/2001, arts. 2, 3; S.I. 2002/3210, art. 2 (with art. 4); S.I. 2005/3397, art. 2)); S.I. 2003/152, art. 2(2)

F55 Words in s. 87A(1)(b) substituted (1.2.2012) by Education Act 2011 (c. 21), ss. 43(3)(a), 82(3); S.I. 2012/84, art. 3

F56 S. 87A(4A) inserted (1.2.2012) by Education Act 2011 (c. 21), ss. 43(3)(b), 82(3); S.I. 2012/84, art. 3

Modifications etc. (not altering text)

C2 S. 87A: transfer of functions (1.4.2007) by Education and Inspections Act 2006 (c. 40), ss. 148(3), 188; S.I. 2007/935, art. 5(u)

F57 [ 87B Duties of inspectors under section 87A. E+W

(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 [F58 or college]] to which the agreement relates, the inspector shall give notice of that fact

[F59 (a) in the case of a school other than an independent school [F60 , an alternative provision Academy that is not an independent school] or a special school, to the [F61 local authority] for the area in which the school is situated;

(b) in the case of a special school which is maintained by a [F61 local 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 [F62 or 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 [F62 or 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 [F62 or college].

[F63 (4) 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.]

Textual Amendments

F57 Ss. 87A, 87B inserted (1.1.1996) by 1995 c. 40, s. 38: S.I. 1995/2835, art. 2

F58 Words in s. 87B(2) inserted (1.4.2002 (E.) and 1.2.2003 (W.)) by 2000 c. 14, ss. 106(2)(a), 122; S.I. 2001/3852, art. 3(7)(h) (subject to transitional provision in Sch. 1 of the commencing S.I. (as amended by S.I. 2001/4150, art. 5; S.I. 2002/1493, art. 5; S.I. 2002/1790, art. 2; S.I. 2002/2001, arts. 2, 3; S.I. 2002/3210, art. 2 (with art. 4); S.I. 2005/3397, art. 2)); S.I. 2003/152, art. 2(2)

F59 S. 87B(2)(a)(b)(c) substituted for the words "to the Secretary of State" in s. 87B(2) (1.4.2002 (E.) and 1.2.2003 (W.)) by 2000 c. 14, ss. 106(2)(b), 122; S.I. 2001/3852, art. 3(7)(h) (subject to transitional provision in Sch. 1 of the commencing S.I. (as amended by S.I. 2001/4150, art. 5; S.I. 2002/1493, art. 5; S.I. 2002/1790, art. 2; S.I. 2002/2001, arts. 2, 3; S.I. 2002/3210, art. 2 (with art. 4); S.I. 2005/3397, art. 2)); S.I. 2003/152, art. 2(2)

F60 Words in s. 87B(2)(a) inserted (1.4.2012) by The Alternative Provision Academies (Consequential Amendments to Acts) (England) Order 2012 (S.I. 2012/976), art. 1, Sch. para. 3 (with art. 3)

F61 Words in s. 87B(2) substituted (5.5.2010) by The Local Education Authorities and Children's Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), arts. 1, 5(1), Sch. 2 para. 37(12)

F62 Words in s. 87B(2)(3)(a)(b) inserted (1.4.2002 (E.) and 1.2.2003 (W.)) by 2000 c. 14, ss. 106(2)(a), 122; S.I. 2001/3852, art. 3(7)(h) (subject to transitional provision in Sch. 1 of the commencing S.I. (as amended by S.I. 2001/4150, art. 5; S.I. 2002/1493, art. 5; S.I. 2002/1790, art. 2; S.I. 2002/2001, arts. 2, 3; S.I. 2002/3210, art. 2 (with art. 4); S.I. 2005/3397, art. 2)); S.I. 2003/152, art. 2(2)

F63 S. 87B(4) substituted (1.4.2002 (E.) and 1.2.2003 (W.)) by 2000 c. 14, ss. 106(2)(c), 122; S.I. 2001/3852, art. 3(7)(h) (subject to transitional provision in Sch. 1 of the commencing S.I. (as amended by S.I. 2001/4150, art. 5; S.I. 2002/1493, art. 5; S.I. 2002/1790, art. 2; S.I. 2002/2001, arts. 2, 3; S.I. 2002/3210, art. 2 (with art. 4); S.I. 2005/3397, art. 2)); S.I. 2003/152, art. 2(2)

Modifications etc. (not altering text)

C3 S. 87B: transfer of functions (1.4.2007) by Education and Inspections Act 2006 (c. 40), ss. 148(3), 188; S.I. 2007/935, art. 5(u)

[F64 87BA Quality assurance of inspectors under section 87A E+W

(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.]

Textual Amendments

F64 S. 87BA inserted (1.2.2012) by Education Act 2011 (c. 21), ss. 43(4), 82(3); S.I. 2012/84, art. 3

[F65 87C Boarding schools: national minimum standards. E+W

(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 [F66 by] 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).]

Textual Amendments

F65 S. 87C inserted (1.7.2001 (W.) and 20.11.2001 (E.) for specified purposes and 1.4.2002 (E.) in so far as not already in force) by 2000 c. 14, s. 107; S.I. 2001/2190, art. 2, Sch.; S.I. 2001/3852, art. 3(3)(d)(ii)(7)(h)(subject to transitional provision in Sch. 1 of the commencing S.I. (as amended by S.I. 2001/4150, art. 5; S.I. 2002/1493, art. 5; S.I. 2002/1790, art. 2; S.I. 2002/2001, arts. 2, 3; S.I. 2002/3210, art. 2 (with art. 4); S.I. 2005/3397, art. 2))

F66 Word in s. 87C(1) substituted (1.2.2012) by Education Act 2011 (c. 21), ss. 43(5), 82(3); S.I. 2012/84, art. 3

Modifications etc. (not altering text)

C4 S. 87C: transfer of functions (1.4.2007) by Education and Inspections Act 2006 (c. 40), ss. 148(3), 188; S.I. 2007/935, art. 5(u)

[F67 87D Annual fee for boarding school inspections. E+W

(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.]

Textual Amendments

F67 S. 87D inserted (1.7.2001 (W.) and 20.11.2001 for specified purposes otherwise 1.4.2002 (E.)) by 2000 c. 14, s. 108; S.I. 2001/2090, art. 2(1), Sch.; S.I. 2001/3852, art. 3(3)(a)(iii)(7)(h) (subject to transitional provision in Sch. 1 of the commencing S.I. (as amended by S.I. 2001/4150, art. 5; S.I. 2002/1493, art. 5; S.I. 2002/1790, art. 2; S.I. 2002/2001, arts. 2, 3; S.I. 2002/3210, art. 2 (with art. 4); S.I. 2005/3397, art. 2))

Modifications etc. (not altering text)

C5 S. 87D: transfer of functions (1.4.2007) by Education and Inspections Act 2006 (c. 40), ss. 148(3), 188; S.I. 2007/935, art. 5(u)