- Latest available (Revised)
- Point in Time (10/03/2014)
- Original (As enacted)
Version Superseded: 29/04/2019
Point in time view as at 10/03/2014. This version of this provision has been superseded.
You are viewing this legislation item as it stood at a particular point in time. A later version of this or provision, including subsequent changes and effects, supersedes this version.
Note the term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section.
Children Act 1989, Section
80
is up to date with all changes known to be in force on or before 17 August 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.
(1)The Secretary of State may cause to be inspected from time to time any—
(a)[F2private] children’s home;
(b)premises in which a child who is being looked after by a local authority is living;
(c)premises in which a child who is being accommodated by or on behalf of a [F3local authority in the exercise of education functions or a] voluntary organisation is living;
(d) premises in which a child who is being accommodated by or on behalf of a [F4[F5 Local Health Board ] , Special Health Authority ] F6...[F7 , National Health Service trust or NHS foundation trust [F8or 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]] is living;
(e)F9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(f)F9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(g)premises in which a privately fostered child, or child who is treated as a foster child by virtue of paragraph 9 of Schedule 8, is living or in which it is proposed that he will live;
(h)premises on which any person is acting as a child minder;
F10( i ). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F11(j)care home or independent hospital used to accommodate children;]
(k)premises which are provided by a local authority and in which any service is provided by that authority under Part III;
(l)[F12school or college] providing accommodation for any child;
(2)An inspection under this section shall be conducted by a person authorised to do so by the Secretary of State.
(3)An officer of a local authority shall not be so authorised except with the consent of that authority.
(4)The Secretary of State may require any person of a kind mentioned in subsection (5) to furnish him with such information, or allow him to inspect such records (in whatever form they are held), relating to—
(a)any premises to which subsection (1) or, in relation to Scotland, subsection (1)(h) or (i) applies;
(b)any child who is living in any such premises;
(c)the discharge by the Secretary of State of any of his functions under this Act; [F13or]
(d)the discharge by any local authority of any of their functions under this Act,
as the Secretary of State may at any time direct.
(5)The persons are any—
(a)local authority;
(b)voluntary organisation;
(c)person carrying on a [F2private] children’s home;
(d)proprietor of an independent school [F14or governing body of any other school];
[F15(da) governing body of an institution designated under section 28 of the M1 Further and Higher Education Act 1992;
(db)further education corporation;]
[F16(dc)sixth form college corporation;]
[F17(dd)proprietor of a 16 to 19 Academy;]
(e) person fostering any privately fostered child or providing accommodation for a child on behalf of a local authority, F18 . . . [F19[F5 Local Health Board ] , Special Health Authority ] F20...[F21 National Health Service trust ] [F22 , NHS foundation trust ] or voluntary organisation;
[F23(ea)person providing accommodation for a child 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;]
(f)F24 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(g) person employed in a teaching or administrative capacity at any educational establishment (whether or not maintained by [F25 a local authority ] ) at which a child is accommodated on behalf of a local authority F26 . . . ;
F27( h ). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F27 [F28( hh )]] . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(i)person carrying on any home of a kind mentioned in subsection (1)(j).
[F29(j)person carrying on a fostering agency.]
(6)Any person inspecting any home or other premises under this section may—
(a)inspect the children there; and
(b)make such examination into the state and management of the home or premises and the treatment of the children there as he thinks fit.
(7)Any person authorised by the Secretary of State to exercise the power to inspect records conferred by subsection (4)—
(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 reasonable assistance as he may require.
(8)A person authorised to inspect any premises under this section shall have a right to enter the premises for that purpose, and for any purpose specified in subsection (4), at any reasonable time.
(9)Any person exercising that power shall, if so required, produce some duly authenticated document showing his authority to do so.
(10)Any person who intentionally obstructs another in the exercise of that power shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.
(11)The Secretary of State may by order provide for subsections (1), (4) and (6) not to apply in relation to such homes, or other premises, as may be specified in the order.
(12)Without prejudice to section 104, any such order may make different provision with respect to each of those subsections.
[F30(13)In this section—
“ college ” means an institution within the further education sector as defined in section 91 of the M2 Further and Higher Education Act 1992 [F31 or a 16 to 19 Academy ] ;
“ fostering agency ” has the same meaning as in the Care Standards Act 2000;
“ further education corporation ” has the same meaning as in the M3 Further and Higher Education Act 1992.
[F32 “ sixth form college corporation ” has the same meaning as in that Act. ]]
[F33 “ proprietor ” has the same meaning as in the Education Act 1996. ]
Textual Amendments
F1S. 80 repealed (S.) (1.4.2002) by 2001 asp 8, ss. 80(1), 81(2), Sch. 4; S.S.I. 2002/162, art. 2(g)(i) (subject to arts. 3-13)
F2Word in s. 80(1)(a)(5)(c) inserted (1.4.2002) by 2000 c. 14, s. 116, Sch. 4 para. 14(16)(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)
F3Words in s. 80(1)(c) 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(9)(a)
F4Words in s. 80(1)(d), substituted (1.4.1996) by 1995 c. 17, s. 2(1)(3), Sch. 1 Pt. III, para. 118(8)(a)(with Sch. 2 para. 6)
F5Words in s. 80(1)(d)(5)(e) substituted (1.4.2007) by The References to Health Authorities Order 2007 (S.I. 2007/961), arts. 2, 3 {Sch. para. 20(2)(g)}
F6Words in s. 80(1)(d) omitted (1.4.2013) by virtue of Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 5 para. 54(a)(i); S.I. 2013/160, art. 2(2) (with arts. 7-9)
F7Words in s. 80(1)(d) substituted (1.4.2004) by Health and Social Care (Community Health and Standards) Act 2003 (c. 43), s. 34, Sch. 4 para. 80(a); S.I. 2004/759, art. 2
F8Words in s. 80(1)(d) inserted (1.4.2013) by Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 5 para. 54(a)(ii); S.I. 2013/160, art. 2(2) (with arts. 7-9)
F9S. 80(1)(e)(f) repealed (30.12.2005) by 2002 c. 38, ss. 139, 148, Sch. 3 para. 65, Sch. 5 (with Sch. 4 paras. 6-8); S.I. 2005/2213, art. 3(l); S.I. 2005/3112, art. 2(g)
F10S. 80(1)(i) repealed (W.) (1.4.2011) by Children and Families (Wales) Measure 2010 (nawm 1), ss. 72, 75, Sch. 1 para. 6(a), Sch. 2; S.I. 2010/2582, art. 2, Sch. 1 (subject to arts. 3, 4, 5) (as amended by S.I. 2011/577, art. 2)
F11S. 80(1)(j) substituted (1.4.2002) by 2000 c. 14, ss. 116, 122, Sch. 4 para. 14(16)(c); 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)
F12Words in s. 80(1)(l) substituted (1.4.2002 (E.) otherwise prosp.) by 2000 c. 14, ss. 109(2), 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)
F13Word in s. 80(4)(c) repealed (1.4.2002) by 2000 c. 14, s. 117(2), Sch. 6; S.I. 2001/4150, art. 3(3)(c)(viii) (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)(g) (with art. 3(5)-(10) and transitional provisions in Schs. 1-3)
F14Words in s. 80(5)(d) inserted (1.4.2002 (E.) otherwise prosp.) by 2000 c. 14, ss. 109(3)(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))
F15S. 80(5)(da)(db) inserted (1.4.2002 (E.) otherwise prosp.) by 2000 c. 14, ss. 109(3)(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))
F16S. 80(5)(dc) inserted (1.4.2010) by The Apprenticeships, Skills, Children and Learning Act 2009 (Consequential Amendments) (England and Wales) Order 2010 (S.I. 2010/1080), arts. 1, 2(1), Sch. 1 para. 89(a)
F17S. 80(5)(dd) inserted (1.4.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 13 para. 6(3)(a); S.I. 2012/924, art. 2
F18Words in s. 80(5)(e) repealed (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)(2), Sch. 2 para. 37(9)(b)(i), Sch. 3 Pt. 2
F19Words in s. 80(5)(e) substituted (1.4.1996) by 1995 c. 17, s. 2(1)(3), Sch. 1 Pt. III, para. 118(8)(b)(with Sch. 2, para. 6)
F20Words in s. 80(5)(e) omitted (1.4.2013) by virtue of Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 5 para. 54(b); S.I. 2013/160, art. 2(2) (with arts. 7-9)
F21Words inserted by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 66(1), Sch. 9 para. 36(4)(b)
F22Words in s. 80(5)(e) inserted (1.4.2004) by Health and Social Care (Community Health and Standards) Act 2003 (c. 43), s. 34, Sch. 4 para. 80(b); S.I. 2004/759, art. 2
F23S. 80(5)(ea) inserted (1.4.2013) by Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 5 para. 54(c); S.I. 2013/160, art. 2(2) (with arts. 7-9)
F24S. 80(5)(f) repealed (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)(2), Sch. 2 para. 37(9)(b)(ii), Sch. 3 Pt. 2
F25Words in s. 80(5)(g) 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(9)(b)(iii)
F26Words in s. 80(5)(g) repealed (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)(2), Sch. 2 para. 37(9)(b)(iii), Sch. 3 Pt. 2
F27S. 80(5)(h)(hh) repealed (W.) (1.4.2011) by Children and Families (Wales) Measure 2010 (nawm 1), ss. 72, 75, Sch. 1 para. 6(b), Sch. 2; S.I. 2010/2582, art. 2, Sch. 1 (subject to arts. 3, 4, 5) (as amended by S.I. 2011/577, art. 2)
F28S. 80(5)(hh) inserted (2.7.2001 (E.), 1.4.2002 (W.)) by 2000 c. 14, s. 116, Sch. 4 para. 14(16)(d); S.I. 2001/2041, art. 2(1)(a)(2)(3) (with transitional provisions and savings in Sch); S.I. 2002/920, art. 3(3)(d) (with art. 3(4)-(10) and transitional provisions in Schs. 1-3)
F29S. 80(5)(j) inserted (1.4.2002 (E.) otherwise prosp.) by 2000 c. 14, ss. 109(3)(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 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))
F30S. 80(13) inserted (1.4.2002 (E.) otherwise prosp.) by 2000 c. 14, ss. 109(4), 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))
F31Words in s. 80(13) inserted (1.4.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 13 para. 6(3)(b); S.I. 2012/924, art. 2
F32Words in s. 80(13) inserted (1.4.2010) by The Apprenticeships, Skills, Children and Learning Act 2009 (Consequential Amendments) (England and Wales) Order 2010 (S.I. 2010/1080), arts. 1, 2(1), Sch. 1 para. 89(b)
F33Words in s. 80(13) inserted (1.4.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 13 para. 6(3)(c); S.I. 2012/924, art. 2
Commencement Information
I1S. 80 wholly in force at 14.10.1991 see s. 108(2)(3) see S.I. 1991/828, art. 3(2)
Marginal Citations
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: