Children Act 1989

Inspection: EnglandE+W

F179N General functions of the Chief Inspector.E+W

[F2(1)The Chief Inspector has the general duty of keeping the Secretary of State informed about—

(a)the quality and standards of child minding and day care provided in England,

(b)how far child minding and day care provided in England meet the needs of the range of children for whom they are provided,

(c)the contribution made by child minding and day care provided in England to the well-being of the children for whom they are provided, and

(d)the quality of leadership and management in connection with the provision of day care in England.

(1A)In subsection (1)(c), the reference to well-being is a reference to well-being having regard to the matters mentioned in section 10(2) of the Children Act 2004.]

(2)When asked to do so by the Secretary of State, the Chief Inspector shall give advice or information to the Secretary of State about such matters relating to the provision of child minding or day care by registered persons in England as may be specified in the Secretary of State’s request.

(3)The Chief Inspector may at any time give advice to the Secretary of State, either generally or in relation to provision by particular persons or on particular premises, on any matter connected with the provision of child minding or day care by registered persons in England.

(4)The Chief Inspector may secure the provision of training for persons who provide or assist in providing child minding or day care, or intend to do so.

(5)Regulations may confer further functions on the Chief Inspector relating to child minding and day care provided in England.

(6)The annual reports of the Chief Inspector required by [F3section 3(a) of the Education Act 2005] to be made to the Secretary of State shall include an account of the exercise of the Chief Inspector’s functions under this Part, and the power conferred by [F4section 3(b) of that Act] to make other reports to the Secretary of State includes a power to make reports with respect to matters which fall within the scope of his functions by virtue of this Part.

79P Early years child care inspectorate.E+W

F5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F679Q Inspection of provision of child minding and day care in England.E+W

(1)The Chief Inspector may at any time require any registered person to provide him with any information connected with the person’s activities as a child minder, or [F7provider] of day care, which the Chief Inspector considers it necessary to have for the purposes of his functions under this Part.

(2)The Chief Inspector shall [F8at prescribed intervals inspect, F9. . . , any child minding provided in England by a registered person].

(3)The Chief Inspector shall [F10at prescribed intervals inspect, F11. . . , any day care provided by a registered person on any premises in England].

(4)F12. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5)In prescribing the intervals mentioned in subsection (2) or (3) the Secretary of State may make provision as to the period within which the first inspection of child minding or day care provided by any person or at any premises is to take place.

[F13(5A)Regulations may make provision requiring a registered person, except in prescribed cases, to notify prescribed persons of the fact that any child minding or day care provided by the registered person is to be inspected under this section.]

[F14(6)When conducting an inspection under this section the Chief Inspector shall report in writing on—

(a)the quality and standards of the child minding or day care provided,

(b)how far the child minding or day care meets the needs of the range of children for whom it is provided,

(c)the contribution made by the child minding or day care to the well-being of the children for whom it is provided, and

(d)in the case of day care, the quality of leadership and management in connection with its provision.

(6A)In subsection (6)(c), the reference to well-being is a reference to well-being having regard to the matters mentioned in section 10(2) of the Children Act 2004.]

(7)F15. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F1679R Reports of inspections.E+W

(1)F17. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2)F17. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F18(3)Where the Chief Inspector reports on an inspection under section 79Q he—

(a)may send a copy of the report to the Secretary of State, and shall do so without delay if the Secretary of State requests a copy;

(b)shall ensure that a copy of the report is sent to the registered person providing the child minding or day care that was inspected;

(c)shall ensure that copies of the report, or such parts of it as he considers appropriate, are sent to such other authorities or persons as may be prescribed; and

(d)may arrange for the report (or parts of it) to be further published in any manner he considers appropriate.]

[F19(3A)Regulations may make provision—

(a)requiring a registered person to make a copy of any report sent to him under subsection (3)(b) available for inspection by prescribed persons,

(b)requiring a registered person, except in prescribed cases, to provide a copy of the report to prescribed persons, and

(c)authorising a registered person in prescribed cases to charge a fee for providing a copy of the report.]

[F20(4)Subsections (2) to (4) of section 11 of the Education Act 2005 (publication of inspection reports) shall apply in relation to the publication of a report under subsection (3) as they apply in relation to the publication of a report under any of the provisions mentioned in subsection (2) of section 11.]