The Children’s Homes Regulations (Northern Ireland) 2005

Fitness of workers

25.—(1) The registered person shall not –

(a) employ a person to work at the children’s home unless that person is fit to work at a children’s home; or

(b) allow a person to whom paragraph (2) applies to work at the children’s home unless that person is fit to work at a children’s home.

(2) This paragraph applies to any person who is employed by a person other than the registered person to work at the children’s home in a position in which he may in the course of his duties have regular contact with children accommodated there.

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

(a) he is of integrity and good character;

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

(c) in respect of a team leader or a residential social worker, he has the qualifications, skills and experience necessary for the work he is to perform and is registered as a social worker in a relevant register;

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

(e) where he is a social care worker, he is registered in a relevant register(1); and

(f) full and satisfactory information is available in relation to him in respect of each of the matters specified in Schedule 2.

(4) The registered person shall ensure that –

(a) any offer of employment to a person is subject to paragraph (3)(f) being complied with in relation to that person; and

(b) unless paragraph (5) applies, no person starts work at a children’s home until such time as paragraph (3)(f) has been complied with in relation to him.

(5) Where the following conditions apply, the registered person may permit a person to start work at a children’s home notwithstanding paragraph (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;

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

(c) the registered person considers that the circumstances are exceptional; and

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

(6) The registered person shall take reasonable steps to ensure that any person working at the children’s home who is not employed by him and to whom paragraph (2) does not apply, is appropriately supervised while carrying out his duties.

(1)

See S.R. 2003 No. 139 for description of social care worker for the purposes of registration