SCHEDULEPowers of Entry etc. for the Purposes of Reviews
The Chief Inspector of Schools1
1
This paragraph applies where the Chief Inspector of Schools—
a
is conducting a review; and
b
in the course of that review, reviews children's services M1 that —
i
are provided in the exercise of, or pursuant to arrangements made in the exercise of, a relevant function; or
ii
are related activities in relation to a relevant function.
2
In this paragraph—
a
“relevant function” means a function to which Chapter 4 of Part 8 of the Education and Inspections Act 2006 (inspection of local authorities in England) applies (see section 135(1) of that Act) M2;
b
“related activity” has the same meaning as in that Chapter (see section 135(2) of that Act).
3
The following provisions of the Education and Inspections Act 2006 apply for the purposes of the review of the children's services mentioned in paragraph (1)(b) as they apply for the purposes of an inspection under section 136 of that Act —
a
section 139 (power of entry) M3;
b
section 140 (power to inspect documents etc.);
c
section 141 (power to require information etc.).
2
1
This paragraph applies where the Chief Inspector of Schools—
a
is conducting a review; and
b
in the course of that review, reviews children's services that may be made the subject of an area inspection under section 128(5) of the Education and Inspections Act 2006 (area inspections).
2
The following provisions of the Education and Inspections Act 2006 apply for the purposes of the review of the children's services mentioned in paragraph (1)(b) as they apply for the purposes of an inspection under section 128 of that Act —
a
section 128(3), (4), (6) and (7) M4;
b
section 131 (power of entry);
c
section 132 (power to inspect documents, etc.).
3
1
This paragraph applies where the Chief Inspector of Schools —
a
is conducting a review; and
b
in the course of that review, reviews children's services that comprise services provided in pursuance of section 68 of the Education and Skills Act 2008 (support services: provision by local authorities) M5.
2
The following provisions apply for the purposes of the review of the children's services mentioned in paragraph (1)(b) as they apply for the purposes of an inspection under section 75 of the Education and Skills Act 2008 (inspection)—
a
section 10(1)(a) and (d) of the Education Act 2005 (right of access) M6;
b
section 58 of that Act (computer records);
c
section 75(7) of the Education and Skills Act 2008 (offence of obstruction).
4
1
This paragraph applies where the Chief Inspector of Schools—
a
is conducting a review; and
b
in the course of that review, reviews children's services that are provided in the exercise of the functions of the Children and Family Court Advisory and Support Service and its officers.
2
The following provisions of the Education and Inspections Act 2006 apply for the purposes of the review of the children's services mentioned in paragraph (1)(b) as they apply for the purposes of an inspection under section 143 of that Act—
a
section 144 (power of entry);
b
section 145 (power to inspect documents etc.).
Care Quality Commission5
1
This paragraph applies where the Care Quality Commission—
a
is conducting a review; and
b
in the course of that review, reviews children's services that comprise—
i
the provision of health care within the meaning given in section 9(2) of the Health and Social Care Act 2008 (health or social care) M7; or
ii
the promotion and protection of public health.
2
The following provisions of the Health and Social Care Act 2008 apply for the purposes of the review of the children's services mentioned in paragraph (1)(b) as they apply for the purposes of an inspection under Chapter 6 of Part 1 of that Act—
a
section 62 (entry and inspection);
b
section 63 (entry and inspection: supplementary); and
c
section 64 (power to require documents and information etc.) M8.
Her Majesty's Chief Inspector of Constabulary6
1
This paragraph applies where Her Majesty's Chief Inspector of Constabulary—
a
is conducting a review; and
b
in the course of that review, reviews children's services that relate to anything done for or in relation to children by—
i
a police force maintained under section 2 of the Police Act 1996 M9;
ii
the metropolitan police force, maintained under section 5A M10 of that Act; or
iii
the City of London police force.
2
The following provisions of the Police Act 1996 apply for the purposes of the review of the children's services mentioned in paragraph (1)(b) as they apply for the purposes of an inspection under section 54 M11 of that Act—
a
paragraph 6A of Schedule 4A (powers of inspector regarding information etc.);
b
paragraph 6B of Schedule 4A (powers of inspectors regarding access to police premises) M12.
Her Majesty's Chief Inspector of Probation for England and Wales7
1
This paragraph applies where the Chief Inspector of Probation for England and Wales—
a
is conducting a review; and
b
in the course of that review, reviews children's services that are provided pursuant to arrangements made by the Secretary of State under section 3 of the Offender Management Act 2007 (power to make arrangements for the provision of probation services) M13.
2
The following provisions of the Police Act 1996 apply for the purposes of the review of the children's services mentioned in paragraph (1)(b) as they apply for the purposes of an inspection under section 54 of that Act—
a
paragraph 6A of Schedule 4A (powers of inspection regarding information etc.);
b
paragraph 6B of Schedule 4A (powers of inspectors regarding access to police premises).
3
In their application by virtue of paragraph (2), paragraphs 6A and 6B of Schedule 4A to the Police Act 1996 have effect as if—
a
references to an inspector were references to the Chief Inspector of Probation for England and Wales;
b
references to the chief officer of police force were references to a provider of probation services; and
c
the reference in paragraph 6B(1)(a) to premises were a reference to premises occupied for the purposes of the children's services mentioned in paragraph (1)(b).
4
In this paragraph, a “provider of probation services” has the meaning given in section 3(6) of the Offender Management Act 2007.
8
1
This paragraph applies where the Chief Inspector of Probation for England and Wales—
a
is conducting a review; and
b
in the course of that review, reviews children's services which relate to the duties of a youth offending team under section 39 of the Crime and Disorder Act 1998 (youth offending teams) M14.
2
The following provisions of the Police Act 1996 apply for the purposes of the review of the children's services mentioned in paragraph (1)(b) as they apply for the purposes of an inspection under section 54 of that Act—
a
paragraph 6A of Schedule 4A (powers of inspection regarding information etc.);
b
paragraph 6B of Schedule 4A (powers of inspectors regarding access to police premises).
3
In their application by virtue of paragraph (2), paragraphs 6A and 6B of Schedule 4A to the Police Act 1996 have effect as if—
a
references to an inspector were references to the Chief Inspector of Probation for England and Wales;
b
references to the chief officer of police of a police force were references to a youth offending team; and
c
the reference in paragraph 6B(1)(a) to premises were a reference to premises occupied for the purposes of the children's services mentioned in paragraph (1)(b).
Power to require information from the Local Safeguarding Children Board9
1
This paragraph applies where a person or body to which section 20 of the Children Act 2004 M15 applies—
a
is conducting a review; and
b
in the course of that review, reviews children's services that are provided in the exercise of functions of the Local Safeguarding Children Board.
2
Regulation 5 of the Local Safeguarding Children Boards (Review) Regulations 2013 (power to require information etc.) M16 applies for the purposes of a review of the children's services mentioned in paragraph (1)(b) as it applies for the purposes of a review under those Regulations.
3
In its application by virtue of paragraph (2), regulation 5 of the Local Safeguarding Children Boards (Review) Regulations 2013 have effect as if references to the Chief Inspector were references to the person or body conducting the review.