The Residential Family Centres Regulations 2002

PART I E+W GENERAL

Citation, commencement and application E+W

1.—(1) These Regulations may be cited as the Residential Family Centres Regulations 2002 and shall come into force on 1st April 2003.

(2) These Regulations apply to residential family centres in England only.

Interpretation E+W

2.—(1) In these Regulations—

• “the 2000 Act” means the Care Standards Act 2000;

• “the 1989 Act” means the Children Act 1989 F1 ;

• [F2 “Chief Inspector” means Her Majesty’s Chief Inspector of Education, Children’s Services and Skills;]

• “child protection enquiry” has the meaning given to it by regulation 12(3)(a);

• F3 ...

• “family” means a child and his parent accommodated or to be accommodated together in a residential family centre, and the expression “member of the family” shall be construed accordingly;

• [F4 “general medical practitioner” means a medical practitioner whose name is included in the General Practitioner Register kept by the General Medical Council under section 34C of the Medical Act 1983;]

• “organisation” means a body corporate or any unincorporated association other than a partnership;

• “parent” has the meaning given to it by section 4(2) of the 2000 Act F5 ;

• “placement plan” means the plan prepared in accordance with regulation 13;

• “placing authority” means, in relation to a family, the local authority or other body that has arranged for the family to be accommodated in a residential family centre;

• “registered manager”, in relation to a residential family centre, means a person who is registered under Part II of the Act as the manager of the residential family centre;

• “registered person”, in relation to a residential family centre, means any person who is the registered provider or the registered manager of the residential family centre;

• “registered provider”, in relation to a residential family centre, means a person who is registered under Part II of the Act as the person carrying on the residential family centre;

• “resident” means any person who is for the time being accommodated in a residential family centre;

• “responsible individual” shall be construed in accordance with regulation 5; and

• “statement of purpose” means the written statement compiled in accordance with regulation 4.

(2) In these Regulations, save where otherwise provided, references to a child do not include a parent accommodated in a residential family centre who is under the age of 18.

(3) In these Regulations, references to employing a person include employing a person whether or not for payment, and whether under a contract of service or a contract for services, and allowing a person to work as a volunteer, and references to an employee or to a person being employed shall be construed accordingly.

Textual Amendments

F1 1989 c. 41.

F2 Words in reg. 2 inserted (1.4.2007) by The Education and Inspections Act 2006 (Consequential Amendments) Regulations 2007 (S.I. 2007/603), regs. 1, 12(a)(ii)

F3 Words in reg. 2 omitted (1.4.2007) by virtue of The Education and Inspections Act 2006 (Consequential Amendments) Regulations 2007 (S.I. 2007/603), regs. 1, 12(a)(i)

F4 Words in reg. 2 substituted (1.4.2013) by The Residential Family Centres (Amendment) Regulations 2013 (S.I. 2013/499), regs. 1, 3(1)

F5 Section 4(2) of the 2000 Act provides that “parent” in relation to a child, includes any person who is looking after that child.

Excepted establishments E+W

3.  For the purposes of the 2000 Act, an establishment is excepted from being a residential family centre if—

[F6 (a) it is a hospital within the meaning of section 275 of the National Health Service Act 2006 or a care home;]

(b) it is a hostel or a domestic violence refuge; F7 ...

[F8 (ba) the main purpose of the establishment is to provide accommodation together with other services or facilities for families, and the fact that the parents’ capacity to respond to their children’s needs and to safeguard their welfare is monitored or assessed, is incidental to the main purpose of the establishment; or]

(c) the main purpose of the establishment is to provide accommodation together with other services or facilities to adults, and the fact that those adults may be parents, or may be accompanied by their children, is incidental to the main purpose of the establishment.

Textual Amendments

F6 Reg. 3(a) substituted (1.10.2010) by The Health and Social Care Act 2008 (Miscellaneous Consequential Amendments) Order 2010 (S.I. 2010/1881), arts. 1(1), 14

F7 Word in reg. 3(b) revoked (1.4.2013) by The Residential Family Centres (Amendment) Regulations 2013 (S.I. 2013/499), regs. 1, 4(a)

F8 Reg. 3(ba) inserted (1.4.2013) by The Residential Family Centres (Amendment) Regulations 2013 (S.I. 2013/499), regs. 1, 4(b)

Statement of purpose and resident’s guide E+W

4.—(1) The registered person shall compile in relation to the residential family centre a written statement (in these Regulations referred to as “the statement of purpose”) which shall consist of a statement as to the matters listed in Schedule 1.

(2) The registered person shall provide a copy of the statement of purpose to the [F9 Chief Inspector] and shall make a copy of it available, upon request, for inspection by—

(a) any person who works at the residential family centre;

(b) any resident;

(c) any local authority exercising any functions under the 1989 Act in relation to any resident.

[F10 (3) The registered person shall produce a written guide to the residential family centre (“the resident’s guide”) which shall include:

(a) a summary of the statement of purpose;

(b) a summary of the complaints procedure established under regulation 20;

(c) the address and telephone number of the Chief Inspector; and

(d) the address and telephone number of the Children’s Rights Director.

(3A) The registered person shall supply a copy of the resident’s guide to:

(a) the Chief Inspector;

(b) each parent accommodated in the residential family centre; and

(c) each person in respect of whom accommodation in the centre is being considered.]

(4) The registered person shall—

(a) keep under review and where appropriate revise the statement of purpose and resident’s guide; and

(b) notify the [F9 Chief Inspector] within 28 days of any such revision.

(5) Subject to paragraph (6) the registered person shall ensure that the residential family centre is at all times conducted in a manner which is consistent with its statement of purpose.

(6) Nothing in paragraph (5) or in regulations 14(1) or 21(1) shall require or authorise the registered person to contravene or not comply with—

(a) any other provision of these Regulations; or

(b) the conditions for the time being in force in relation to the registration of the registered person under Part II of the 2000 Act.

Textual Amendments

F9 Words in reg. 4 substituted (1.4.2007) by The Education and Inspections Act 2006 (Consequential Amendments) Regulations 2007 (S.I. 2007/603), regs. 1, 12(b)(i)

F10 Reg. 4(3)(3A) substituted for reg. 4(3) (1.4.2013) by The Residential Family Centres (Amendment) Regulations 2013 (S.I. 2013/499), regs. 1, 5