Inspectors' duties under s. 87A agreements: CA 1989 s. 87B
Inspectors under substitution agreements must notify local authorities of s.87(1) failures or significant harm. Secretary of State may impose requirements.
The Secretary of State may impose on a person appointed under section 87A(1) (“an authorised inspector”) such requirements relating to, or in connection with, the carrying out under substitution agreements of the function mentioned in section 87A(2)(b) as the Secretary of State thinks fit. Where, in the course of carrying out under a substitution agreement the function mentioned in section 87A(2)(b), it appears to an authorised inspector that there has been a failure to comply with section 87(1) in the case of a child provided with accommodation by the school or college to which the agreement relates, the inspector shall give notice of that fact in the case of a school other than an independent school , an alternative provision Academy that is not an independent school or a special school, to the local authority for the area in which the school is situated; in the case of a special school which is maintained by a local authority , to that authority; in any other case, to the Secretary of State . Where, in the course of carrying out under a substitution agreement the function mentioned in section 87A(2)(b), it appears to an authorised inspector that a child provided with accommodation by the school or college to which the agreement relates is suffering, or is likely to suffer, significant harm, the inspector shall— give notice of that fact to the local authority in whose area the school or college is situated, and where the inspector is required to make inspection reports to the Secretary of State, supply that local authority with a copy of the latest inspection report to have been made by the inspector to the Secretary of State in relation to the school or college . In this section “substitution agreement” means an agreement by virtue of which the duty of the appropriate authority under section 87(3) in relation to a 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 provision applies when the Secretary of State has suspended the duty of a school or college under section 87(3) to safeguard children (a 'substitution agreement'). An inspector appointed under section 87A(1) then carries out the safeguarding function instead. The Secretary of State can impose any requirements on the inspector regarding how they do this.
If during the inspection the inspector finds that the school or college has failed to comply with section 87(1) (which requires the welfare of children to be safeguarded), they must give notice to the local authority for the area. For a special school maintained by a local authority, they notify that authority. For other schools, they notify the Secretary of State.
If the inspector finds that a child is suffering or likely to suffer significant harm, they must give notice to the local authority in whose area the school or college is situated. They must also give that local authority a copy of the latest inspection report they have made to the Secretary of State.
'Substitution agreement' means an agreement that suspends the school or college's duty under section 87(3).
When it applies
- An inspector finds a boarding school has not provided adequate supervision for a child, violating s.87(1), and must report it to the local authority.
- An inspector finds a child at a boarding school showing signs of abuse and informs the local authority, also providing the latest inspection report.
- The Secretary of State requires an inspector to submit weekly reports on the welfare of children at a particular school.
- An inspector is appointed to take over the welfare duty for a school where the original duty was suspended.
What this section does not say
- This provision does not cover the general duty of schools to safeguard children under s.87 itself.
- It does not cover the suspension of the duty under s.87A.
- It does not cover national minimum standards for boarding schools (s.87C) or annual fees (s.87D).
- It does not cover inspections of children's homes (s.80) or inquiries into child protection (s.81).
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This page reproduces the text of CA 1989 s. 87B 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.