InterpretationE+W
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Memorandwm Esboniadol
2.—(1) In these Regulations—
“behaviour management policy” has the meaning given in regulation 35(1);
“care plan” has the meaning given in the Care Planning, Placement and Case Review (England) Regulations 2010 ;
“care role” means a role in which the work consists, or consisted, mainly or solely of providing care for children or adults;
“case records” means the records maintained under regulation 36 about a child;
“child protection enquiry” means any enquiry carried out by a local authority in the exercise of any of their functions conferred by or under the Children Act 1989 relating to the protection of children;
“child protection policies” means the children's home's policies for safeguarding children (see regulation 34(1)) and preventing bullying (see regulation 34(3)) and the missing child policy (see regulation 34(4));
“childcare” has the meaning given in section 18 of the Childcare Act 2006 ;
“children's guide” means a document produced by the registered person that explains, in a form appropriate to the age, needs and understanding of children—
(a)
what each child can expect of and from the home's care;
(b)
the support to which each child is entitled;
(c)
how to make a complaint about the home or someone in it; and
(d)
how to access advocacy support;
“EHC plan” has the meaning given in section 37(2) (education, health and care plans) of the Children and Families Act 2014;
“general medical practitioner” means a medical practitioner whose name is included in the General Practitioner Register kept by the General Medical Council under section 34C of the Medical Act 1983 ;
“HMCI” means Her Majesty's Chief Inspector of Education, Children's Services and Skills;
“health”, in relation to a child, includes that child's emotional, mental and physical health;
“independent person” has the meaning given in regulation 43(1);
“independent reviewing officer” means a person appointed under section 25A of the Children Act 1989 [or section 99 of the Social Services and Well-being (Wales) Act 2014];
“organisation” means a body corporate or an unincorporated association other than a partnership (but see paragraph (2)(d));
“placement plan” means—
(a)
in relation to a child who is looked after by a local authority—
(i)
the plan prepared under regulation 9 of the Care Planning, Placement and Case Review (England) Regulations 2010; or
(ii)
the child's detention placement plan prepared under regulation 47C(2) of those Regulations ;
(b)
in relation to a child who is not looked after by a local authority—
(i)
the plan prepared under regulations 4 and 5 of the Arrangements for Placement of Children by Voluntary Organisations and Others (England) Regulations 2011 ; or
(ii)
the plan prepared by the registered person under regulation 18(4);
“placing authority”—
(a)
if the child is looked after by a local authority—
(i)
and the child is not a youth justice child, means the local authority that looks after the child;
(ii)
and the child is a youth justice child, means the local authority that looks after that youth justice child and the youth offending team with responsibility for that youth justice child;
(b)
if the child is not looked after by a local authority—
(i)
and the child is being provided with accommodation by a voluntary organisation, means that voluntary organisation;
(ii)
and the child is accommodated in a qualifying school under arrangements made by a local authority, means that local authority;
(iii)
and the child is a youth justice child, means the youth offending team with responsibility for that youth justice child;
(iv)
in cases not falling within sub-paragraphs (i), (ii) or (iii), means the child's parent;
(c)
does not include a parent of a child who is not looked after by a local authority in the following provisions—
(iii)
regulation 18(9)(a);
(iv)
regulation 34(2)(b) and (c);
(v)
regulation 36(5)(b)(ii);
(viii)
paragraphs 19 and 20 of Schedule 3;
“qualifying school” means a school which is a children's home within the meaning of section 1(6) of the Care Standards Act 2000;
“registered dental practitioner” means a person registered in the dentists register under section 14 of the Dentists Act 1984 ;
“registered manager” means a person who is registered under Part 2 of the Care Standards Act 2000 as the manager of the home;
“registered person” means the registered provider or the registered manager of the home;
“registered provider” means the person who is registered under Part 2 of the Care Standards Act 2000 as the person carrying on the home;
“relevant person” means any person, body or organisation that the registered person considers to be relevant in relation to the care, protection or safeguarding of a particular child in all the circumstances;
“relevant plans”, in relation to a child, means—
(a)
any placement plan for the child;
(b)
any care plan for the child;
(c)
any EHC plan for the child;
(d)
any statement of special educational needs for the child; and
(e)
if the child is a youth justice child—
(i)
any detention placement plan for the child (under regulation 47C(2) of the Care Planning, Placement and Case Review (England) Regulations 2010); and
(ii)
any other plan or plans prepared by the child's placing authority in relation to the remand or sentencing of the child;
“responsible individual” means an individual who—
(a)
is a director, manager, secretary or other officer of an organisation which is the registered provider; and
(b)
is nominated by that organisation for the purpose of supervising the management of the home on behalf of the organisation;
“restraint” means using force or restricting liberty of movement;
“secure children's home” means [— ]
(a)
a children's home provided for the purpose of restricting liberty and approved for that purpose in accordance with regulation 3 of the Children (Secure Accommodation) Regulations 1991
[; or
(b)
a secure 16 to 19 Academy (see section 1B(4) to (7) of the Academies Act 2010);]
“short breaks” has the meaning given in regulation 52;
“special educational needs” has the meaning given by section 20 of the Children and Families Act 2014;
“statement of purpose” means the statement compiled in accordance with regulation 16;
“statement of special educational needs” means a statement of special educational needs maintained in relation to the child under section 324 of the Education Act 1996 ;
“youth justice child” means a child who is—
(a)
subject to a detention order within the meaning of section 562(1A)(a) of the Education Act 1996 or remanded under section 91(4) of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 ; and
(b)
detained in or remanded to a secure children's home.
(2) In these Regulations—
(a)unless the context indicates otherwise, references to a child or to children are to a child or to children accommodated in the children's home;
(b)references to a child who is looked after by a local authority have the meaning given by section 22 of the Children Act 1989 ;
(c)references to employing a person include—
(i)employing a person, whether or not for payment, and whether under a contract of service or a contract for services; and
(ii)allowing a person to work as a volunteer,
and references to an employee, a person being employed, staff or a person working in the home are to be construed accordingly;
(d)references to a home are to be construed as references to a children's home;
(e)references to a partnership do not include a limited liability partnership .
Textual Amendments
Marginal Citations