PART XVIIMISCELLANEOUS AND GENERAL

Children accommodated in certain establishments

Children accommodated in schools176

1

It shall be the duty of the managers of any school which provides accommodation for any child to safeguard and promote the child’s welfare.

2

Where accommodation is provided for a child by a school within the area of an authority, the authority shall take such steps as are reasonably practicable to enable it to determine whether the child’s welfare is adequately safeguarded and promoted while he is accommodated by the school.

3

Where an authority is of the opinion that there has been a failure to comply with paragraph (1) in relation to a child provided with accommodation by a school within the authority’s area, the authority shall notify both the Department and the Department of Education.

4

Any person authorised by an authority may, for the purpose of enabling the authority to discharge its duty under this Article, enter at any reasonable time any school within the authority’s area which provides accommodation for any child.

5

Any person entering a school in exercise of the power conferred by paragraph (4) may carry out such inspection of premises, children and records as is prescribed by regulations made by the Department for the purposes of this Article after consultation with the Department of Education.

6

Any person exercising that power shall, if asked to so do, produce some duly authenticated document showing his authority to do so.

7

Any person authorised under this Article 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.

8

Any person who intentionally obstructs another in the exercise of any power conferred by this Article shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.