40 Inspector’s rights of entry etc.

1

This section applies where a F1local authority are inspected under section 38.

2

The inspector, and any person assisting him, shall have at all reasonable times a right of entry to—

a

the premises of the F1local authority,

b

the premises of any school maintained by the authority, and

c

any other premises at which relevant section 19 education is provided, other than premises which are or form part of a private dwelling house but are not a school.

3

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 F1local authority or any school maintained by the authority, and

b

any records kept by a person who provides relevant section 19 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

Section 42 of the School Inspections Act 1996 (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 F1local 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 education” means education provided to a child by virtue of arrangements made by the F1local authority under section 19 of the Education Act 1996 (exceptional provision of education at schools or otherwise).