Part VI Inspection of F23local authorities and school inspections
Chapter I Inspection of F23local authorities
C438 Inspection of F23local authorities .
1
The Chief Inspector—
a
may, and
b
if requested to do so by the Secretary of State, shall,
arrange for any F22local authority to be inspected under this section.
F102
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F212A
An inspection of a F22local authority in Wales under this section shall consist of a review of the way in which the authority are performing—
F24a
any education function of theirs;
3
A request by the Secretary of State under this section may relate to one or more F23local authorities, and shall specify both—
a
the F22local 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).
C25
Any inspection under this section shall be conducted—
a
by one of Her Majesty’s Inspectors of Schools in F13... Wales, or
b
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 F22local 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—
F11a
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
b
and in those sections references to “the inspector” in relation to an inspection under this section are references to the person conducting the inspection.
C139 Reports of inspections under s. 38 and action plan by F22local authority
1
Where an inspection under section 38 has been completed, the inspector shall make a written report on the matters reviewed in the course of the inspection, and shall send copies of the report to—
a
any F22local authority to which the inspection relates; and
b
the Secretary of State.
2
Where a F22local authority receive a copy of a report under this section, they shall prepare a written statement of the action which they propose to take in the light of the report and the period within which they propose to take it.
3
The authority shall publish—
a
the report, and
b
the statement prepared under subsection (2),
within such period, and in such manner, as may be prescribed.
4
The Chief Inspector may arrange for any report under this section to be published in such manner as he considers appropriateF2; and F16... F6section 29(2) to (4) of F17the Education Act 2005 shall apply in relation to the publication of any such report as they apply in relation to the publication of a report under any of the provisions mentioned in F18... F7section 29(2).
F340 Inspector’s rights of entry etc.
1
This section applies where a F22local authority are inspected under section 38.
C32
The inspector, and any person assisting him, shall have at all reasonable times a right of entry to—
a
the premises of the F22local authority,
b
the premises of any school maintained by the authority, and
c
any other premises at which relevant section 19 F27or 19A education is provided, other than premises which are or form part of a private dwelling house but are not a school.
C33
The inspector, and any person assisting him, shall also have at all reasonable times a right to inspect and take copies of—
a
any records kept by, and any other documents containing information relating to, the F22local authority or any school maintained by the authority, and
b
any records kept by a person who provides relevant section 19 F28or 19A education that relate to the provision of that education, and any other documents containing information that so relates;
which he considers relevant to the exercise of his functions.
4
F8Section 58 of the Education Act 2005 (inspection of computer records) shall apply for the purposes of subsection (3) as it applies for the purposes of Part 1 of that Act.
5
Without prejudice to subsections (2) and (3), the F22local authority and the governing body of any school maintained by the authority—
a
shall give the inspector and any person assisting him, all assistance in connection with the exercise of his functions which they are reasonably able to give, and
b
shall secure that all such assistance is also given by persons who work at the school.
6
It shall be an offence wilfully to obstruct the inspector or any person assisting him in the exercise of his functions in relation to the inspection.
7
A person guilty of an offence under subsection (6) shall be liable on summary conviction to a fine not exceeding level 4 on the standard scale.
8
In this section—
“document” and “records” each include information recorded in any form; and
“relevant section 19 F29or 19A education” means education provided to a child by virtue of arrangements made by the F22local authority under section 19 F29or 19A of the Education Act 1996 (exceptional provision of education at schools or otherwise).
F1941 Inspections involving collaboration of Audit Commission.
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41AF4Inspections involving collaboration of Auditor General for Wales
1
If requested to do so by the Chief Inspector, the Auditor General for Wales may assist with any inspection under section 38 of a F22local authority in Wales; and subsections (2) to (5) below have effect where the Auditor General for Wales assists with any such inspection.
2
Section 40 shall apply to the Auditor General for Wales and to any authorised person as it applies to the inspector.
3
Any information obtained by virtue of section 40 by a person falling within one of the categories mentioned in subsection (4) may be disclosed for the purposes of the inspection, or the preparation or making of the report under section 39(1), to a person falling within the other category.
4
Those categories are—
a
the Auditor General for Wales and any authorised person; and
b
the inspector and any person assisting him.
5
Any report prepared under section 39(1) shall be prepared by the inspector acting in conjunction with the Auditor General for Wales.
6
The Auditor General for Wales shall not provide assistance under this section unless, before he does so, the Chief Inspector has agreed to pay F25the Wales Audit Office a fee, in accordance with a scheme for charging fees prepared under section 24 of the Public Audit (Wales) Act 2013 (which may not exceed the full cost incurred by the Auditor General in providing the assistance).
7
In this section “authorised person” means a person authorised by the Auditor General for Wales for the purposes of this section.
Chapter II School Inspections
F942 Miscellaneous amendments relating to school inspections.
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Words in Act substituted (5.5.2010) by The Local Education Authorities and Children’s Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), Sch. 2 para. 8(3)