PART IGENERAL
Citation, commencement and extent1.
(1)
These Regulations may be cited as the Children’s Homes Regulations 2001 and shall come into force on 1st April 2002.
(2)
These Regulations extend to England only.
Interpretation2.
(1)
In these Regulations—
“the Act” means the Care Standards Act 2000;
“child protection enquiry” has the meaning given to it by regulation 16(3);
“children’s guide” means the guide produced in accordance with regulation 4(3);
“general practitioner” means a registered medical practitioner who—
(a)
(b)
(c)
provides services which correspond to services provided under Part II of the National Health Service Act 1977, otherwise than in pursuance of that Act;
“organisation”, other than in regulation 17, means a body corporate or any unincorporated association other than a partnership;
“placement plan” means the written plan prepared in accordance with regulation 12(1);
“placing authority” in relation to a child accommodated in a children’s home means—
(a)
in the case of a child who is looked after by a local authority, that local authority;
(b)
in the case of a child who is not looked after by a local authority—
- (i)if he is being provided with accommodation by a voluntary organisation6, that voluntary organisation;
- (ii)
if he is accommodated in a qualifying school under arrangements made by a local education authority or a local authority, that local education authority or local authority as the case may be;
- (iii)in any other case, the child’s parent7;
“qualifying school” means a school which is a children’s home within the meaning of section 1(6) of the Act;
“registered manager”, in relation to a children’s home, means a person who is registered under Part II of the Act as the manager of that home;
“registered person”, in relation to a children’s home, means any person who is the registered provider or the registered manager of the home;
“responsible individual” shall be construed in accordance with regulation 6(2)(c); and
“statement of purpose” means the written statement compiled in accordance with regulation 4(1).
(2)
In these Regulations, a reference—
(a)
to a numbered regulation or Schedule is to the regulation in, or Schedule to, these Regulations bearing that number;
(b)
in a regulation or Schedule to a numbered paragraph, is to the paragraph in that regulation or Schedule bearing that number;
(c)
in a paragraph to a lettered or numbered sub-paragraph, is to the sub-paragraph in that paragraph bearing that letter or number.
(3)
In these Regulations, references to employing a person include employing a person whether or not for payment, and whether under a contract of service or a contract for services, and allowing a person to work as a volunteer, and references to an employee or to a person being employed shall be construed accordingly.
Excepted establishments3.
(1)
For the purposes of the Act, establishments of the following descriptions are excepted from being a children’s home—
(a)
(b)
subject to paragraph (2), any establishment providing accommodation for children for less than 28 days in any twelve month period in relation to any one child, for the purposes of—
(i)
a holiday; or
(ii)
recreational, sporting, cultural or educational activities;
(c)
subject to paragraph (2), any premises at which a person provides day care within the meaning of Part XA of the 1989 Act for less than 28 days in any twelve month period in relation to any one child;
(d)
subject to paragraph (2), any establishment providing accommodation for children aged 16 and over—
(i)
to enable them to undergo training or apprenticeship;
(ii)
for the purposes of a holiday; or
(iii)
for recreational, sporting, cultural or educational purposes;
(e)
(f)
(2)
The exceptions in paragraphs (1)(b), (c) and (d) do not apply to any establishment or premises in which the children who are accommodated are wholly or mainly of a description falling within section 3(2) of the Act.
(3)
Statement of purpose and children’s guide4.
(1)
The registered person shall compile in relation to the children’s home a written statement (in these Regulations referred to as “the statement of purpose”) which shall consist of a statement as to the matters listed in Schedule 1.
(2)
(a)
any person who works at the children’s home;
(b)
any child accommodated in the children’s home;
(c)
the parent of any child accommodated in the children’s home;
(d)
the placing authority of any child accommodated in the home; and
(e)
in the case of a qualifying school, the Secretary of State, and Her Majesty’s Inspector of Schools in England,
and in this paragraph references to a child who is accommodated in the children’s home include a child in respect of whom accommodation in the children’s home is being considered.
(3)
The registered person shall produce a guide to the children’s home (in these Regulations referred to as “the children’s guide”) which shall include—
(a)
a summary of the home’s statement of purpose;
(b)
a summary of the complaints procedure established under regulation 24; and
(c)
the address and telephone number of the Commission.
(4)
The children’s guide shall be produced in a form appropriate to the age, understanding and communication needs of the children to be accommodated in the home.
(5)
The registered person shall supply a copy of the children’s guide to the Commission and, on admission, to each child accommodated in the home.
(6)
Subject to paragraph (7), the registered person shall ensure that the children’s home is at all times conducted in a manner which is consistent with its statement of purpose.
(7)
Nothing in paragraph (6) or in regulation 31 shall require or authorise the registered person to contravene or not comply with—
(a)
any other provision of these Regulations; or
(b)
the conditions for the time being in force in relation to the registration of the registered person under Part II of the Act.
Review of the statement of purpose and children’s guide5.
The registered person shall—
(a)
keep under review and, where appropriate, revise the statement of purpose and the children’s guide;
(b)
notify the Commission of any such revision within 28 days; and
(c)
if the children’s guide is revised, supply a copy to each child accommodated in the home.