Features

Inspection: Part 10 – Key Legislation - Rights of entry

Former inspector Debbie Alcock examines the legal powers underpinning an inspector’s legal right to enter a nursery and carry out an assessment

Imagine the scene. Eight children, aged from six months to four years, are lying on dirty carpet in a toyless room. They have a blanket over them to sleep, but none are sleeping. Nearby is a steep flight of stairs with no stairgate. There is just one practitioner, who locks them in the room on their own in order to make their food in a rat-infested kitchen.

This is a real-life case, triggered by a complaint and which resulted in an immediate suspension of registration. On the inspection visit, I rang the bell multiple times, and when the staff member eventually opened the door, I explained who I was and that I needed to come in to investigate a complaint. The practitioner went to close the door, but I put my foot in the door as I knew I needed to exercise my right of entry. The practitioner eventually let me in when I showed her a copy of Section 77. I would not have seen the conditions described above had it not been for those legal powers.

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