[F1(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.
(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 he is accommodated by the school or college.
(4)Where the Commission 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, they shall—
(a)in the case of a school other than an independent school or a special school, notify the local education authority for the area in which the school is situated;
(b)in the case of a special school which is maintained by a local education 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, they shall—
(a)in the case of a school other than an independent school or a special school, notify the local education authority for the area in which the school is situated;
(b)in the case of a special school which is maintained by a local education 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 its duty under this section, enter at any time premises which are, or are to be, premises of the school or college.]
(6)Any person [F2exercising] 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.
[F3(10)In this section and sections 87A to 87D—
“the 1992 Act” means the M1Further and Higher Education Act 1992;
“appropriate authority” means—
in relation to England, the National Care Standards Commission;
in relation to Wales, the National Assembly for Wales;
“college” means an institution within the further education sector as defined in section 91 of the 1992 Act;
“the Commission” means the National Care Standards Commission;
“further education corporation” has the same meaning as in the 1992 Act;
“local education authority” and “proprietor” have the same meanings as in the M2Education Act 1996
(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, 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.]
Textual Amendments
F1S. 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 otherwise prosp.) 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))
F2Words 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 otherwise prosp.) 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))
F3S. 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 otherwise prosp.) 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))
Commencement Information
I1 S. 87 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)
Marginal Citations