The Regulation and Improvement Authority (Inspection of Children, Records and Schools) Regulations (Northern Ireland) 2005

Made: 14th October 2005

Coming into operation: 14th November 2005

The Department of Health, Social Services and Public Safety, in exercise of the powers conferred on it by Article 176(5) of the Children (Northern Ireland) Order 1995[^f00001] and of all other powers enabling it in that behalf, after consultation with the Department of Education, hereby makes the following Regulations:

Citation, commencement and interpretation

1

• (1) These Regulations may be cited as the Regulation and Improvement Authority (Inspection of Children, Records and Schools) Regulations (Northern Ireland) 2005 and shall come into operation on 14th November 2005.

• (2) In these Regulations—

• “authorised person” means a person authorised by the Regulation and Improvement Authority under Article 176(4) of the Children (Northern Ireland) Order 1995[^f00002] (Children accommodated in schools) to enter at any time, premises which are, or are to be, premises of the school in exercise of the power conferred by that Article;

• “relevant school” means, in relation to an inspection, any school which provides accommodation for a child;

• “nurse” means a person registered in the register maintained under Article 5 of the Nursing and Midwifery Order 2001[^f00003] by virtue of qualification in nursing or midwifery as the case may be.

Inspection of premises

2

• (1) An authorised person may inspect any premises which are, or are to be, premises of a relevant school.

• (2) An authorised person may carry out an examination into the state and management of the premises inspected under paragraph (1).

• (3) An inspection under paragraph (1) may take place without notice to the managers.

Inspection of children

3

• (1) Subject to the provisions of this regulation, an authorised person may carry out an inspection of the children who are accommodated in a relevant school either individually or together with other such children in such a school.

• (2) Subject to paragraph (3), an inspection may include a physical examination of a child, if the authorised person considers it necessary.

• (3) An authorised person may only conduct a physical examination under paragraph (2) if—

• (a) he is a medical practitioner or a nurse;

• (b) he has reasonable cause to believe that the welfare of the child in question is not being adequately safeguarded or promoted by the managers of any relevant school; and

• (c) the child and his parent consents to the examination, or where the child is incapable of giving his consent, the parent consents.

• (4) An examination under paragraph (2) shall take place in private.

• (5) Subject to paragraph (6), an authorised person may interview in private, or solicit written or verbal expressions of opinion from any child or group of children who consent to be interviewed or to express their views, as the case may be.

• (6) An authorised person may not interview any individual child in private unless—

• (a) the child concerned has expressly asked to be interviewed alone and in private; or

• (b) the authorised person considers on reasonable grounds that such an interview is necessary to enable the Regulation and Improvement Authority to discharge its duty under Article 176(2) of the Children (Northern Ireland) Order 1995.

• (7) An inspection may not be carried out under this regulation in respect of—

• (a) any child of a member of staff at a relevant school; or

• (b) any other child living with such a member of staff as a member of his household,

unless the child is also a pupil at the relevant school.

Inspection of records

4

• (1) An authorised person may carry out an inspection of the records specified in paragraph (2) held by—

• (a) the managers of any relevant school; or

• (b) any person who is not a manager of such a school but who is responsible for conducting it,

in respect of all the children whom he has power to inspect pursuant to regulation 3.

• (2) The records referred to in paragraph (1) are those containing information concerning the state of health, emotional or developmental well-being or welfare of the children in a relevant school and include any record containing any of the following—

• (a) the name and address and contact details of the person with parental responsibility for a child in the school;

• (b) details of medical treatment or dental treatment undergone by a child, while he is at school, whether or not administered by a member of staff of the school;

• (c) details of accidents to any child in the school, the death of any child in the school, serious illness or infectious disease suffered by any child at the school, or other significant harm sustained by a child while at school;

• (d) details of incidents or alleged incidents of bullying or peer abuse;

• (e) the names and qualifications of the staff responsible for the welfare of children in the school, including non-teaching and part-time staff and volunteers working at the school, both inside and outside teaching hours;

• (f) details of any cases of a child absconding from the school;

• (g) details of fire practice drills and fire alarm tests at the school;

• (h) details of any complaints made by any person in respect of the state of health, emotional or developmental well-being or welfare of a child in the school;

• (i) details of the control, restraint and discipline of any child in the school.

Revocation

5

The Inspection of Premises, Children and Records (Children Accommodated in Schools) Regulations (Northern Ireland) 2000[^f00004] are hereby revoked.

Signed

Sealed with the Official Seal of the Department of Health, Social Services and Public Safety on 14th October 2005.

Noel McCann — Senior Officer of the — Department of Health, Social Services and Public Safety

Explanatory note

(This note is not part of the Regulations.)

These Regulations make provision for the inspection of schools, which provide accommodation for children. Article 176(4) of the Children (Northern Ireland) Order 1995 (“the Order”), as amended by the Health and Personal Social Services (Quality, Improvement and Regulation) (Northern Ireland) Order 2003 confers powers on a person authorised by the Northern Ireland Health and Personal Social Services Regulation and Improvement Authority to enter the premises of a school accommodating children, in order to determine whether the welfare of the children is being adequately safeguarded and promoted. A person so authorised may inspect the premises of the school, its records, and the children accommodated there, as provided for by these Regulations.

Footnotes

[^f00001]: S.I. 1995/755 (N.I. 2) (as amended by S.I. 2003/431 (N.I. 9)

[^f00002]: Paragraph 4 was substituted by Schedule 4 of S.I. 2003/431 (N.I. 9)

[^f00003]: S.I. 2002/253

[^f00004]: S.R. 2000 No. 179

Editorial notes

[^key-0584beaa8d6317add9f974cda7deba2c]: Reg. 5 in operation at 14.11.2005, see reg. 1(1)

[^key-9e57c4f5ad8e0cb27e447a8a2e6d9055]: Reg. 1 in operation at 14.11.2005, see reg. 1(1)

[^key-970f52db82b25b00310df0eae66dc959]: Reg. 2 in operation at 14.11.2005, see reg. 1(1)

[^key-50653cf05d8da42abb37bec6139d9085]: Reg. 3 in operation at 14.11.2005, see reg. 1(1)

[^key-78446707334dfe53e776ba19d97e978c]: Reg. 4 in operation at 14.11.2005, see reg. 1(1)