Explanatory Note
(This note is not part of the Regulations)
These Regulations are made under the Health and Personal Social Services (Quality, Improvement and Regulation) (Northern Ireland) Order 2003. Part II of the Order establishes the Northern Ireland Health and Personal Social Services Regulation and Improvement Authority (the “Regulation and Improvement Authority”) and Part III provides for the registration and inspection of establishments and agencies including residential family centres, by the Regulation and Improvement Authority. It also provides powers for regulations governing the conduct of establishments and agencies.
Regulation 3 provides that every residential family centre must prepare a statement of purpose consisting of the matters set out in Schedule 1. Regulation 4 provides for a resident’s guide to the centre. The residential family centre must be conducted in a manner which is consistent with the statement of purpose.
In Part II, Regulations 7 to 11 make provision about the persons carrying on and managing the centre, and require satisfactory information to be available in relation to the matters prescribed in Schedule 2. Where the provider is an organisation, it must nominate a responsible individual in respect of whom this information must be available (regulation 7). Regulation 8 prescribes the circumstances where a manager must be appointed for the residential family centre, and regulation 10 imposes general requirements in relation to the proper conduct of the centre, and the need for appropriate training.
In Part III, regulations 12 to 14 make provision about the conduct of residential family centres, in particular as to the health, welfare, care and education of the residents and as to the protection of children accommodated there. Regulation 15 provides for the registered person to draw up a written plan detailing the provision of services and facilities to families provided with accommodation. Regulation 16 makes provision for the facilities and services to be provided to residents. Provision is also made at regulation 17 about the staffing of residential family centres and at regulations 18 and 19 about the fitness of workers and employment of staff. At regulations 22 and 23, provision is made for record keeping and complaints.
Part IV (regulations 25 and 26) makes provision about the fitness of premises, and the fire precautions to be taken.
Part V deals with the management of residential family centres. Regulation 27 requires the registered person to monitor the quality of care provided by the centre. Regulation 28 imposes requirements relating to the centre’s financial position. Regulation 29 requires the registered provider to visit the centre as prescribed.
Part VI deals with miscellaneous matters, including the giving of notices to the Regulation and Improvement Authority, and notification to the Regulation and Improvement Authority and others of the events listed in Schedule 5.
Regulation 36 provides for offences. A breach of the regulations specified in regulation 36 may be an offence on the part of the registered person. However, no prosecution may be brought by the Regulation and Quality Improvement Authority unless it has first given the registered person a notice which sets out in what respect it is alleged he is not complying with a regulation and, where it is practicable for him to do so, the action he should take in order to comply and the period for compliance. The notice must also specify the period within which he may make representations about the notice.