Part VIU.K. Inspection of [F1local authorities] and school inspections

Textual Amendments

Chapter IU.K. Inspection of [F1local authorities]

38 Inspection of [F1local authorities] .E+W

(1)The Chief Inspector—

(a)may, and

(b)if requested to do so by the Secretary of State, shall,

arrange for any [F2local authority] to be inspected under this section.

F3(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F4(2A)An inspection of a [F2local authority] in Wales under this section shall consist of a review of the way in which the authority are performing—

[F5(a)any education function of theirs;]

(b)the functions conferred on them under [F6section 25] [F7of the Children Act 2004] so far as relating to education, training or youth support services (within the meaning of section 123 of the Learning and Skills Act 2000).]

(3)A request by the Secretary of State under this section may relate to one or more [F1local authorities], and shall specify both—

(a)the [F2local authority] or authorities concerned, and

(b)the functions of theirs to which the inspection is to relate.

(4)Before making any such request the Secretary of State shall consult the Chief Inspector as to the matters to be specified in the request in accordance with subsection (3).

(5)Any inspection under this section shall be conducted—

(a)by one of Her Majesty’s Inspectors of Schools in F8... Wales, or

(b)by any additional inspector authorised under F9... [F10paragraph 2 of Schedule 2 to [F11the Education Act 2005]];

but he may be assisted by such other persons (whether or not members of the Chief Inspector’s staff) as the Chief Inspector thinks fit.

(6)For the purposes of this section a [F2local authority] shall provide the Chief Inspector with such information as may be prescribed, and shall do so in such form and—

(a)within such period following a request made by the Chief Inspector in any prescribed circumstances, or

(b)at such other times,

as regulations may provide.

(7)In this section and sections 39 to [F1241A] “the Chief Inspector” means—

F13(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)in relation to a [F2local authority] in Wales, [F14Her Majesty’s Chief Inspector of Education and Training in Wales or Prif Arolygydd Ei Mawrhydi dros Addysg a Hyfforddiant yng Nghymru];

and in those sections references to “the inspector” in relation to an inspection under this section are references to the person conducting the inspection.

Textual Amendments

F4S. 38(2)(2A) substituted for s. 38(2) (1.4.2005 for E., 31.7.2008 for W.) by Children Act 2004 (c. 31), ss. 51, 67(7)(e); S.I. 2005/394, art. 2(2)(e); S.I. 2008/1904, art. 2

F7Words in s. 38(2A)(b) inserted (1.4.2008) by Childcare Act 2006 (c. 21), s. 109(2), Sch. 2 para. 28; S.I. 2008/17, art. 3(b)

F10Words in s. 38(5)(b) substituted (1.9.2005 for E., 1.9.2006 for W.) by Education Act 2005 (c. 18), s. 125(4), Sch. 9 para. 11; S.I. 2005/2034, art. 4; S.I. 2006/1338, art. 3, Sch. 1

F14Words in s. 38(7)(a) substituted (1.1.2001) by 2000 c. 21, s. 73(a); S.I. 2000/3230, art. 2, Sch.

Modifications etc. (not altering text)

C1S. 38 modified (31.8.2008) by Childcare Act 2006 (c. 21), ss. 28, 109(2); S.I. 2008/17, art. 2(a)