The Children’s Homes (Wales) Regulations 2002

PART II E+W REGISTERED PERSONS

Fitness of registered provider E+W

6.—(1) A person shall not carry on a children’s home unless fit to do so.

(2) A person is not fit to carry on a children’s home unless the person—

(a) is an individual who satisfies the requirements set out in paragraph (3); or

(b) is an organisation and—

(i) it has given notice to the appropriate office of the National Assembly of the name, address and position in the organisation of an individual (in these Regulations referred to as “the responsible individual”) who is a director, manager, secretary or other officer of the organisation and is responsible for supervising the management of the children’s home; and

(ii) that individual satisfies the requirements set out in paragraph (3).

(3) The requirements are that—

(a) he or she is of suitable integrity and good character to carry on, or (as the case may be) be responsible for supervising the management of, the children’s home;

(b) he or she is physically and mentally fit to carry on, or (as the case may be) be responsible for supervising the management of, the children’s home; and

[F1 (c) full and satisfactory information or documentation, as the case may be, is available in relation to the person in respect of each of the matters specified in paragraphs 1 to 5 and 6 of Schedule 2.]

F2 (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) A person is not fit to carry on a children’s home if—

(a) he or she has been [F3 made] bankrupt or sequestration of his or her estate has been awarded [F4 or a moratorium period under a debt relief order (within the meaning of section 251A of the Insolvency Act 1986) applies in relation to him or her] and F5 ... he or she has not been discharged [F6 from the bankruptcy or the sequestration] and the bankruptcy order has not been annulled or rescinded; or

(b) he or she has made a composition or arrangement with his creditors and has not been discharged in respect of it.

Textual Amendments

F1 Reg. 6(3)(c) substituted (12.10.2009) by The Children Act 1989, Care Standards Act 2000 and Adoption and Children Act 2002 (Miscellaneous Amendments) (Wales) Regulations 2009 (S.I. 2009/2541), regs. 1(1), 6(2)(a)

F2 Reg. 6(4) omitted (12.10.2009) by virtue of The Children Act 1989, Care Standards Act 2000 and Adoption and Children Act 2002 (Miscellaneous Amendments) (Wales) Regulations 2009 (S.I. 2009/2541), regs. 1(1), 6(2)(b)

F3 Word in reg. 6(5)(a) substituted (6.4.2016) by The Enterprise and Regulatory Reform Act 2013 (Consequential Amendments) (Bankruptcy) and the Small Business, Enterprise and Employment Act 2015 (Consequential Amendments) Regulations 2016 (S.I. 2016/481), reg. 1, Sch. 2 para. 15(a)

F4 Words in reg. 6(5)(a) inserted (1.10.2012) by The Tribunals, Courts and Enforcement Act 2007 (Consequential Amendments) Order 2012 (S.I. 2012/2404), art. 1, Sch. 3 para. 22(2)(a) (with art. 7)

F5 Words in reg. 6(5)(a) omitted (1.10.2012) by virtue of The Tribunals, Courts and Enforcement Act 2007 (Consequential Amendments) Order 2012 (S.I. 2012/2404), art. 1, Sch. 3 para. 22(2)(b) (with art. 7)

F6 Words in reg. 6(5)(a) inserted (1.10.2012) by The Tribunals, Courts and Enforcement Act 2007 (Consequential Amendments) Order 2012 (S.I. 2012/2404), art. 1, Sch. 3 para. 22(2)(c) (with art. 7)

Commencement Information

I1 Reg. 6 in force at 1.4.2002, see reg. 1(1)

Appointment of manager E+W

7.—(1) The registered provider shall appoint an individual to manage the children’s home if—

(a) there is no registered manager in respect of the children’s home; and

(b) the registered provider—

(i) is an organisation;

(ii) is not a fit person to manage a children’s home; or

(iii) is not, or does not intend to be, in full-time day to day charge of the children’s home.

(2) Where the registered provider appoints a person to manage the children’s home, he shall forthwith give notice to the appropriate office of the National Assembly of—

(a) the name of the person so appointed; and

(b) the date on which the appointment is to take effect.

(3) If the registered provider is to manage the home he or she shall forthwith give notice to the appropriate office of the National Assembly of the date on which such management is to begin.

Commencement Information

I2 Reg. 7 in force at 1.4.2002, see reg. 1(1)

Fitness of manager E+W

8.—(1) A person shall not manage a children’s home unless he or she is fit to do so.

(2) A person is not fit to manage a children’s home unless—

(a) he or she is of suitable integrity and good character to manage the children’s home;

(b) having regard to the size of the children’s home, its statement of purpose, and the number and needs (including any needs arising from any disability) of the children accommodated there—

(i) he or she has the qualifications, skills and experience necessary to manage the children’s home; and

(ii) he or she is physically and mentally fit to manage the children’s home; and

[F7 (c) full and satisfactory information or documentation, as the case may be, is available in relation to the person in respect of each of the matters specified in paragraphs 1 to 6 of Schedule 2.]

[F8 (2A). Subject to paragraph (2B) and (2C), a reference to qualifications and experience in paragraph (2)(b)(i) includes a requirement that he or she must—

(a) hold a relevant qualification; and

(b) have worked for not less than five years in the field of children’s residential care.

(2B). Where a manager who does not hold a relevant qualification was appointed before 1 July 2007 that person is not fit to manage a children’s home unless he or she obtains a relevant qualification not later than—

(a) 1 November 2007; or

(b) such later date as the National Assembly may, in exceptional circumstances, agree .

(2C) Paragraph (2A)(b) does not apply in relation to a manager appointed before 1 July 2007.

(2D) Nothing in paragraphs (2A), to (2C) affects any requirement for a manager to possess other qualifications, skills or experience relevant to the matters set out in paragraph (2)(b).

[F9 (2E) A person is not fit to manage a children’s home unless he or she is registered as a manager with [F10 Social Care Wales].]]

F11 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F7 Reg. 8(2)(c) substituted (12.10.2009) by The Children Act 1989, Care Standards Act 2000 and Adoption and Children Act 2002 (Miscellaneous Amendments) (Wales) Regulations 2009 (S.I. 2009/2541), regs. 1(1), 6(3)(a)

F8 Reg. 8(2A)-(2E) inserted (1.7.2007) by The Children’s Homes (Wales) (Miscellaneous Amendments) Regulations 2007 (S.I. 2007/311), regs. 1(1), 2(4)

F9 Reg. 8(2E) substituted (12.10.2009) by The Children Act 1989, Care Standards Act 2000 and Adoption and Children Act 2002 (Miscellaneous Amendments) (Wales) Regulations 2009 (S.I. 2009/2541), regs. 1(1), 6(3)(b)

F10 Words in reg. 8(2E) substituted (3.4.2017) by The Regulation and Inspection of Social Care (Wales) Act 2016 (Consequential Amendments to Secondary Legislation) Regulations 2017 (S.I. 2017/52), reg. 1(2), Sch. 1 para. 5(2), (3)(a)

F11 Reg. 8(3) omitted (12.10.2009) by virtue of The Children Act 1989, Care Standards Act 2000 and Adoption and Children Act 2002 (Miscellaneous Amendments) (Wales) Regulations 2009 (S.I. 2009/2541), regs. 1(1), 6(3)(c)

Commencement Information

I3 Reg. 8 in force at 1.4.2002, see reg. 1(1)

Registered person — general requirements E+W

9.—(1) The registered provider and the registered manager shall, having regard to—

(a) the size of the children’s home;

(b) the statement of purpose of the children’s home;

(c) the number and needs (including any needs arising from any disability) of the children accommodated there,

carry on or manage the home (as the case may be) with sufficient care, competence and skill.

(2) If the registered provider is—

(a) an individual, he or she shall undertake; or

(b) an organisation, it shall ensure that the responsible individual undertakes,

from time to time such training as is appropriate to ensure that he or she has the experience and skills necessary for carrying on the children’s home.

(3) Any individual managing the home shall undertake from time to time such training as is appropriate to ensure that he or she has the experience and skills necessary for managing the children’s home.

Commencement Information

I4 Reg. 9 in force at 1.4.2002, see reg. 1(1)

Notification of offences E+W

10.—(1) Where the registered person or the responsible individual is convicted of any criminal offence, whether in Wales or elsewhere, he or she shall forthwith give notice in writing to the appropriate office of the National Assembly of—

(a) the date and place of the conviction;

(b) the offence of which he or she was convicted; and

(c) the penalty imposed on him or her in respect of the offence.

(2) Where the registered person is charged with any offence in respect of which an order may be made under Part II of the Criminal Justice and Court Services Act 2000 (Protection of Children)(1) he or she shall forthwith give notice in writing to the appropriate office of the National Assembly of the offence charged and the date and place of charge.

Commencement Information

I5 Reg. 10 in force at 1.4.2002, see reg. 1(1)

(1)

2000 c. 50.