The Residential Holiday Schemes for Disabled Children (England) Regulations 2013

1. Introductory Text

2. PART 1

   1. 1. Citation, commencement and application

   2. 2. Interpretation

   3. 3. Statement of purpose

   4. 4. Review of the statement of purpose

3. PART 2

   1. 5. Fitness of registered provider

   2. 6. Appointment of manager

   3. 7. Fitness of manager

   4. 8. Registered person: training requirements

   5. 9. Notification of offences

4. PART 3

   1. CHAPTER 1

      1. Welfare of Children

         1. 10. Promotion of welfare

         2. 11. Food provided for children

         3. 12. Contact and access to communications

         4. 13. Arrangements for the protection of children

         5. 14. Behaviour management and discipline

         6. 15. Restraint

         7. 16. Policies and records

         8. 17. Health needs of children

         9. 18. Medicines

         10. 19. Use of surveillance

         11. 20. Complaints and representations

   2. CHAPTER 2

      1. Staffing

         1. 21. Staffing of holiday schemes for disabled children

         2. 22. Fitness of employees

         3. 23. Employment of staff

   3. CHAPTER 3

      1. Records

         1. 24. Children’s holiday scheme case records

         2. 25. Other records

         3. 26. Notifiable events

5. PART 4

   1. 27. Fitness of premises used to provide care and accommodation by the scheme

   2. 28. Fire precautions

6. PART 5

   1. 29. Visits by registered provider

   2. 30. Review of quality of care

   3. 31. Regulations and guidance

7. PART 6

   1. 32. Notice of changes

   2. 33. Death of registered person

8. PART 7

   1. 34. Compliance

   2. 35. Application of Part 2 of the Act to persons carrying on or managing a scheme

   3. 36. Amendment of the Children’s Homes Regulations 2001

   4. 37. Amendment of the Her Majesty’s Chief Inspector of Education, Children’s Services and Skills (Fees and Frequency of Inspections) (Children’s Homes etc.) Regulations 2007

   5. 38. Amendment of the Care Standards Act 2000 (Registration) (England) Regulations 2010

   6. 39. Transitional Provisions

9. Signature

10. 1. SCHEDULE 1

       Matters to be included in the statement of purpose

       1. 1. A statement of the overall aims of the scheme, and...

       2. 2. A statement of the facilities and services to be provided...

       3. 3. The name and business address of the registered provider and,...

       4. 4. The relevant experience and qualifications of the registered provider and,...

       5. 5. The experience, number and relevant qualifications of employees and, if...

       6. 6. The arrangements for the development, supervision and training of employees....

       7. 7. The age range, numbers, range of needs and sex of...

       8. 8. A description of the scheme’s underlying ethos and philosophy and,...

       9. 9. The arrangements made to protect and promote the health and...

       10. 10. The arrangements made for promoting appropriate behaviour, and for the...

       11. 11. The arrangements made for child protection and to counter bullying....

       12. 12. The arrangements made for dealing with an incident where a...

       13. 13. A description of any electronic or mechanical means of surveillance...

       14. 14. The fire precautions and associated emergency procedures in place in...

       15. 15. The arrangements for contact between children accommodated by the scheme...

       16. 16. The arrangements for dealing with complaints.

       17. 17. The type of accommodation, including the sleeping accommodation, provided, and,...

       18. 18. The address, telephone number and such other contact details as...

    2. SCHEDULE 2

       Information required in respect of persons seeking to carry on, manage or be employed to work at a scheme

       1. 1. Proof of identity, including a recent photograph.

       2. 2. Either— (a) where the certificate is required for a purpose...

       3. 3. Two written references, including a reference from the person’s most...

       4. 4. Documentary evidence of any relevant qualifications.

    3. SCHEDULE 3

       Information to be included in the case records of children accommodated by the scheme

       1. 1. The child’s name and any name by which the child...

       2. 2. The child’s date of birth and sex.

       3. 3. A description of the child’s cultural and linguistic background and...

       4. 4. The name, address and telephone number of the child’s placing...

       5. 5. The circumstances and date of use of a measure of...

       6. 6. Any special dietary or health need of the child.

       7. 7. A copy of any plan for the care of the...

       8. 8. The name, address and telephone number of the general medical...

       9. 9. Details of any accident or serious illness involving the child...

       10. 10. Details of any allergy, immunisation or medical examination of the...

       11. 11. Details of any medicines kept for the child in premises...

       12. 12. The dates on which any money or valuables are deposited...

    4. SCHEDULE 4

       Other records to be kept by schemes

       1. 1. A record showing in respect of each employee, the person’s—...

       2. 2. A record of accidents occurring at premises or sites used...

       3. 3. A record of the administration of any medicine to a...

       4. 4. A record of every fire drill or fire alarm test...

       5. 5. Records of all accounts kept by the scheme.

       6. 6. A copy of the staff duty roster of employees and...

       7. 7. A record of visitors to premises or sites used by...

       8. 8. Written records of any allegation of abuse or neglect in...

    5. SCHEDULE 5

       Events and Notifications

    6. SCHEDULE 6

       Matters to be monitored by the registered person

       1. 1. The deposit and issue of money and other valuables handed...

       2. 2. Accidents involving, and injuries to, persons in premises or sites...

       3. 3. Illnesses of children accommodated by the scheme.

       4. 4. Complaints in relation to children accommodated by the scheme and...

       5. 5. Allegations or suspicions of abuse in respect of children accommodated...

       6. 6. Visitors to premises or sites used by the scheme to...

       7. 7. Notifications of the events in Schedule 5.

       8. 8. The use of measures of control, discipline and restraint in...

       9. 9. Risk assessments for health and safety purposes and subsequent action...

       10. 10. First aid, medical treatment or medicines administered to a child...

       11. 11. Fire drills and tests of alarms and of fire equipment....

    7. SCHEDULE 7

       Application of Part 2 of the Care Standards Act 2000 to persons carrying on or managing a scheme

       1. 1. Section 11 (requirement to register) applies as if—

       2. 2. Section 12 (applications for registration) applies as if for “or...

       3. 3. Section 13 (grant or refusal of registration) applies as if...

       4. 4. Section 14 (cancellation of registration) applies as if in paragraphs...

       5. 5. Section 17 (notice of proposals) applies as if for “or...

       6. 6. Section 19 (notice of decisions) applies as if for “or...

       7. 7. Section 20 (urgent procedure for cancellation etc.) applies as if...

       8. 8. Section 21 (appeals to the tribunal) applies as if for...

       9. 9. Section 22A (power of CIECSS to serve notice where person...

       10. 10. Section 22B (notice restricting accommodation at certain establishments) applies as...

       11. 11. Section 24 (failure to comply with conditions) applies as if...

       12. 12. Section 24A (offences relating to suspension) applies as if for...

       13. 13. Section 26 (false descriptions of establishments and agencies) applies as...

       14. 14. Section 28 (failure to display certificate of registration) applies as...

       15. 15. Section 30A(2)(a), (aa) and (b) (notification of matters relating to...

       16. 16. Section 31 (inspections by persons authorised by registration authority) applies...

       17. 17. Section 32 (inspections: supplementary) applies as if—

       18. 18. Section 37 (service of documents) applies as if for “or...

    8. SCHEDULE 8

       Amendment of the Her Majesty’s Chief Inspector of Education, Children’s Services and Skills (Fees and Frequency of Inspections) (Children’s Homes etc.) Regulations 2007

       1. 1. In regulation 2 (interpretation)— (a) after the definition of “existing...

       2. 2. After regulation 7 (fostering agencies) insert— Holiday schemes for disabled...

       3. 3. After regulation 17 (children’s homes etc) insert— Holiday schemes for...

       4. 4. In regulation 19(1)(c) (frequency of inspections), after “period” insert—

    9. SCHEDULE 9

       Amendment of the Care Standards Act 2000 (Registration) (England) Regulations 2010

       1. 1. Except in the following provisions— (a) regulation 8(e);

       2. 2. In regulation 2(1) (interpretation)— (a) in the definition of “the...

       3. 3. Except in regulation 7(5), after “in respect of a children’s...

       4. 4. After “premises to be used by an establishment”, in both...

       5. 5. Except in regulation 13(4)(b) and (d)(iii), after “by the agency”,...

       6. 6. In regulation 3 (information and documents to be provided by...

       7. 7. In regulation 6 (information as to staff engaged after application...

       8. 8. In regulation 7(1) (registers)— (a) omit— (i) “establishments and agencies”;...

       9. 9. In regulation 8 (contents of certificate)— (a) in paragraph (e),...

       10. 10. In regulation 10(3)(c)(i) (application for variation or removal of a...

       11. 11. In regulation 13(4) (application for cancellation of registration)—

       12. 12. In Schedule 1 (information to be supplied on an application...

       13. 13. In paragraph 8 of Schedule 3 (information and documents to...

       14. 14. In Schedule 4 (information to be supplied on an application...

       15. 15. In paragraph 3 of Schedule 5 (particulars to be recorded...

    10. SCHEDULE 10

        Transitional Provisions

        1. 1. In this Schedule, “registered manager” and “registered provider”, in relation...

        2. 2. This paragraph applies where, immediately before 1st July 2013, a...

        3. 3. Where paragraph 2(a) applies, the person who was a registered...

        4. 4. This paragraph applies where— (a) paragraph 2(b) applies; and

        5. 5. Where paragraph 4 applies, the person who was a registered...

        6. 6. HMCI may treat— (a) a notification provided in accordance with...

        7. 7. This paragraph applies where— (a) paragraph 2 applies; and

        8. 8. Where paragraph 7 applies— (a) section 11(1) of the Act...

11. Explanatory Note