Version Superseded: 02/04/2018
Point in time view as at 01/04/2017.
There are currently no known outstanding effects for the The Children’s Homes (Wales) Regulations 2002, CHAPTER 3.
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28.—(1) The registered person shall, on behalf of a child’s placing authority, maintain in respect of each child who is accommodated in the children’s home a record in the form of a report which—
(a)includes the information, documents and records specified in Schedule 3 relating to that child;
(b)is kept up to date; and
(c)is signed and dated by the author of each written entry.
(2) The record mentioned in paragraph (1) shall not be disclosed to any person except in accordance with—
(a)any enactment under which access to such records is authorised; or
(b)any court order authorising access to such records.
(3) The record mentioned in paragraph (1) shall be—
(a)kept securely in the children’s home so long as the child to whom it relates is accommodated there; and
(b)thereafter delivered to the child’s placing authority(1).
(4) The registered person shall maintain in the children’s home the record specified in Schedule 4, or if the home closes keep the record elsewhere and make it available for inspection by the National Assembly at its request.
(5) A record referred to in paragraph (4) shall be kept up to date and retained for at least fifteen years from the date of the last entry, except for records of menus, which need be kept for one year.
(6) This regulation and regulation 29 are without prejudice to any enactment (including a provision of subordinate legislation) or other rule of law about records or information.
29.—(1) If, in relation to a children’s home, any of the events listed in column 1 of the table in Schedule 5 takes place, the registered person shall without delay notify the persons indicated in respect of the event in column 2 of the table.
(2) A notification under paragraph (1) shall include a child’s name only if that is necessary.
(3) The registered person shall without delay notify the parent of any child accommodated in the home of any significant incident affecting the child’s welfare unless to do so is not reasonably practicable or would place the child’s welfare at risk.
(4) Any notification made in accordance with this regulation which is given orally shall be confirmed in writing.
[F1(5) This regulation does not apply to a notification in relation to the death of a child accommodated in a secure children’s home.]
Textual Amendments
F1Reg. 29(5) inserted (1.4.2017) by The Children’s Homes (Wales) (Amendment) Regulations 2017 (S.I. 2017/51), regs. 1(1), 4
Modifications etc. (not altering text)
C1Reg. 29 applied (with modifications) (1.4.2002) by The Care Homes (Wales) Regulations 2002 (S.I. 2002/324), regs. 1(1), 33(2)
Commencement Information
29A.—(1) If any child accommodated in a secure children’s home dies, the registered person must without delay notify—
(a)the appropriate office of the registration authority;
(b)the placing authority;
(c)the local authority in whose area the secure children’s home is located;
(d)the health authority in whose area the secure children’s home is located;
(e)the Prisons and Probation Ombudsman for England and Wales (“the PPO”); and
(f)the child’s parent or person who has parental responsibility for the child.
(2) The registered person must allow the PPO to investigate the death by—
(a)granting the PPO access to—
(i)the premises of the home; and
(ii)the home’s documents and records;
(b)allowing the PPO to take away from the premises copies of any documents or records accessed under sub-paragraph (a)(ii) provided that the PPO has secure arrangements for doing so; and
(c)if they consent, allowing the PPO to interview in private any children, parents (or persons with parental responsibility) or relatives, or persons working at the home.
(3) A notification under this regulation—
(a)must include details of—
(i)the circumstances of the death;
(ii)the other persons, bodies or organisations (if any) who or which the registered person has notified or proposes to notify; and
(iii)any actions the registered person has taken or proposes to take as a result of the death;
(b)must be made or confirmed in writing.
(4) In this regulation, references to PPO include a person appointed by, or working on behalf of, the PPO for the purposes of an investigation under paragraph (2).]
Textual Amendments
F2Reg. 29A inserted (1.4.2017) by The Children’s Homes (Wales) (Amendment) Regulations 2017 (S.I. 2017/51), regs. 1(1), 5
Under the Arrangements for Placement of Children (General) Regulations 1991 (S.I. 1991/890), the responsible authority in relation to a child placed in a children’s home must retain their case records (which includes any report in their possession concerning the welfare of the child) for seventy five years after the death of the child or, if the child dies before reaching eighteen, fifteen years from the date of death.
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