Suspension of duty under s87(3) – CA 1989 s.87A
Explains suspension of duty under s87(3) via agreement with appointed inspector; covers appointment, termination, and notification.
The Secretary of State may appoint a person to be an inspector for the purposes of this section if— that person already acts as an inspector for other purposes in relation to schools or colleges to which section 87(1) applies, and the Secretary of State is satisfied that the person is an appropriate person to determine whether the welfare of children provided with accommodation by such schools or colleges is adequately safeguarded and promoted while accommodation for the children is provided by them. Where— the relevant person enters into an agreement in writing with a person appointed under subsection (1), the agreement provides for the person so appointed to have in relation to the school or college the function of determining whether section 87(1) is being complied with, and the appropriate authority receive from the person mentioned in paragraph (b) (“the inspector”) notice in writing that the agreement has come into effect, the appropriate authority’s duty under section 87(3) in relation to the school or college shall be suspended. Where the appropriate authority’s duty under section 87(3) in relation to any school or college is suspended under this section, it shall cease to be so suspended if the appropriate authority receive— a notice under subsection (4) relating to the inspector, or a notice under subsection (5) relating to the relevant agreement. The Secretary of State shall terminate a person’s appointment under subsection (1) if— that person so requests, or the Secretary of State ceases, in relation to that person, to be satisfied that he is such a person as is mentioned in paragraph (b) of that subsection, and shall give notice of the termination of that person’s appointment to the appropriate authority. The Secretary of State may by regulations specify matters that must be taken into account in deciding whether to appoint a person to be an inspector for the purposes of this section in relation to schools or colleges in England, or to terminate the appointment of such a person under subsection (4)(b). Where— the appropriate authority’s duty under section 87(3) in relation to any school or college is suspended under this section, and the relevant agreement ceases to have effect, the inspector shall give to the appropriate authority notice in writing of the fact that it has ceased to have effect. In this section references to the relevant agreement, in relation to the suspension of the appropriate authority’s duty under section 87(3) as regards any school or college, are to the agreement by virtue of which the appropriate authority’s duty under that provision as regards that school or college is suspended.
Text in force at .
Source: legislation.gov.uk — The National Archives (legislation.gov.uk), reproduced under licence Open Government Licence v3.0.
What it actually says
This section allows the duty of the appropriate authority (usually the local authority) under section 87(3) to safeguard children’s welfare in boarding schools and colleges to be suspended. Suspension happens when the school or college enters a written agreement with an inspector appointed by the Secretary of State to take over that monitoring function. Once the appropriate authority receives notice of the agreement, their duty is suspended. The suspension ends if they receive notice that the inspector’s appointment is terminated or that the agreement has ended.
The Secretary of State appoints someone already acting as an inspector for other purposes, and must be satisfied that person is appropriate to determine whether children’s welfare is safeguarded. The appointment must be terminated if the inspector requests it or if the Secretary ceases to be satisfied. Regulations may specify matters for appointment and termination in England. The inspector must notify the appropriate authority if the agreement ceases to have effect.
When it applies
- A boarding school wants to use an independent inspector instead of local authority inspections and enters a written agreement with a Secretary of State-appointed inspector.
- The local authority receives notice of such an agreement and stops its own inspections under s87(3).
- The appointed inspector asks to be removed or is no longer considered suitable, so the Secretary of State terminates the appointment, ending the suspension.
- The agreement between the school and inspector ends, prompting the inspector to notify the authority, which resumes its duty under s87(3).
What this section does not say
- This section does not set out what happens if the appointed inspector fails to carry out their duties – that is dealt with under s87B.
- It does not specify national minimum standards for boarding schools – those are covered by s87C.
- It does not address fees for inspections – that is under s87D.
- It does not apply to inspection of children’s homes, which is governed by s80.
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This page reproduces the text of CA 1989 s. 87A in force at the date shown and explains it in general terms. It is not legal advice and takes no account of the circumstances of your case, which can change the answer completely. For a live dispute, for limitation periods, and before taking any step in court, consult a qualified lawyer in England and Wales.