The Children’s Homes (Wales) Regulations 2002

Fitness of workers E+W

26.—(1)  [F1 Subject to paragraphs (5) and (5A)] the registered person shall not—

(a) employ a person under a contract of employment to work at the children’s home unless that person is fit to do so;

(b) allow a volunteer to work at the children’s home unless that person is fit to do so;

(c) allow any other person to work at the children’s home in a position in which he or she may in the course of his or her duties have regular contact with children accommodated there unless that person is fit to do so.

(2) For the purposes of paragraph (1), a person is not fit to work at a children’s home unless—

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

(b) he or she has the qualifications, skills and experience necessary for the work he or she is to perform;

(c) he or she is physically and mentally fit for the purposes of the work he or she is to perform; and

[F2 (d) subject to paragraph (2G), full and satisfactory information or documentation, as the case may be, is available in relation to the person in respect of each matter specified in paragraphs 1 to 6 of Schedule 2]

[F3 (2A) Subject to paragraph (2B) and (2C), in relation to a member of the care staff of a children’s home, a reference to qualifications and experience in paragraph (2)(b) includes a requirement that that person must hold a relevant qualification.

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

(a) within a period of three years beginning with 1 July 2007; or

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

(2C) Where a person who does not hold a relevant qualification is appointed to work at a children’s home after 1 July 2007, that person is not fit to work at a children’s home unless he or she obtains a relevant qualification—

(a) within a period of three years beginning with the first date following 1 July 2007 on which he or she is appointed to work at a children’s home; or

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

(2D) Where a person subject to a requirement to obtain a relevant qualification within a period of time specified in accordance with paragraph (2B) or (2C), is appointed during that period to a different post within the field of children’s residential care, with the same or a different employer, the period of time so specified is not altered for that reason alone.

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

(2F) A person appointed to work in a children’s home before 1 July 2007 is not fit to work in a children’s home unless he or she registers as a social care worker with [F4 Social Care Wales] not later than—

(a) 1 March 2008; or

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

(2G) A person appointed to work in a children’s home after 1 July 2007 is not fit to work in a children’s home unless he or she registers as a social care worker with [F5 Social Care Wales] not later than—

(a) six months from the first date following 1 July 2007 on which he or she is appointed to work at a children’s home; or

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

[F6 (3) This paragraph applies where an individual has applied for a certificate referred to in paragraph 2 of Schedule 2 but the certificate has not been issued]

(4) The registered person shall ensure that—

(a) any offer of employment to, or other arrangement about working at the children’s home made with or in respect of, a person falling within paragraph (1) is subject to paragraph (2)(d) being complied with in relation to that person; and

(b) [F7 unless paragraph (5) or (5A) applies.] , no such person starts work at a children’s home until such time as paragraph (2)(d) has been complied with in relation to him or her.

(5) Where the following conditions apply, the registered person may permit a person to start work at a children’s home notwithstanding [F8 paragraphs (1) and] (4)(b)—

(a) the registered person has taken all reasonable steps to obtain full information in respect of each of the matters listed in Schedule 2 in respect of that person, but the enquiries in relation to any of the matters listed in paragraphs 3 to 6 of Schedule 2 are incomplete;

[F9 (b) full and satisfactory information in relation to that person has been obtained in respect of the matters specified in paragraphs 1 and 2 of Schedule 2.]

(c) in the reasonable opinion of the registered person the circumstances are exceptional; and

(d) pending receipt of, and satisfying himself or herself with regard to, any outstanding information, the registered person ensures that the person is appropriately supervised while carrying out his or her duties.

[F10 (5A) Alternatively to paragraph (5) where the following conditions apply, the registered person may permit a person to start work at a children’s home notwithstanding paragraphs (1) and (4)(b)—

(a) paragraph (3) of this regulation applies;

(b) full and satisfactory information in relation to that person has been obtained in respect of the matters set out in paragraphs 1, 4 and 6 of Schedule 2;

(c) the person has provided—

(i) two written references, including a reference from the last employer, if any, and

(ii) a written declaration of the details of any criminal offences of which the person has been convicted, including details of any convictions which are spent within the meaning of section 1 of the Rehabilitation of Offenders Act 1974 and which may be disclosed by virtue of the Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975 or in respect of which the person has been cautioned and which, at the time the caution was given, the person admitted;

(d) in the reasonable view of the registered person the interests of the service will not be met unless the person can be appointed; and

(e) pending receipt of, and satisfying himself or herself with regard to, the certificate referred to in paragraph (3), the registered person ensures that the person is appropriately supervised while carrying out his or her duties.]

(6) The registered person shall ensure that any person working at the children’s home who does not fall within paragraph (1) is appropriately supervised at all times.

Textual Amendments

F1 Words in reg. 26(1) inserted (18.10.2002) by The Children Act 1989 and the Care Standards Act 2000 (Miscellaneous Regulations) (Amendment) (Wales) Regulations 2002 (S.I. 2002/2622), regs. 1, 3(4)(a)

F2 Reg. 26(2)(d) 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(4)(a)

F3 Reg. 26(2A)-(2G) inserted (1.7.2007) by The Children’s Homes (Wales) (Miscellaneous Amendments) Regulations 2007 (S.I. 2007/311), regs. 1(1), 2(10)

F4 Words in reg. 26(2F) 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)(b)

F5 Words in reg. 26(2G) 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)(b)

F6 Reg. 26(3) substituted (18.10.2002) by The Children Act 1989 and the Care Standards Act 2000 (Miscellaneous Regulations) (Amendment) (Wales) Regulations 2002 (S.I. 2002/2622), regs. 1, 3(4)(b)

F7 Words in reg. 26(4)(b) 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(4)(b)

F8 Words in reg. 26(5) substituted (18.10.2002) by The Children Act 1989 and the Care Standards Act 2000 (Miscellaneous Regulations) (Amendment) (Wales) Regulations 2002 (S.I. 2002/2622), regs. 1, 3(4)(c)

F9 Reg. 26(5)(b) 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(4)(c)

F10 Reg. 26(5A) inserted (18.10.2002) by The Children Act 1989 and the Care Standards Act 2000 (Miscellaneous Regulations) (Amendment) (Wales) Regulations 2002 (S.I. 2002/2622), regs. 1, 3(4)(d)

Commencement Information

I1 Reg. 26 in force at 1.4.2002, see reg. 1(1)