The Residential Family Centres Regulations 2002

PART IV E+W PREMISES

Fitness of premises E+W

21.—(1) Subject to regulation 4(6), the registered person shall not use premises for the purposes of a residential family centre unless—

(a) the premises are suitable for the purpose of achieving the aims and objectives set out in the statement of purpose; and

(b) the location of the premises is appropriate to the needs of residents.

(2) The registered person shall ensure that—

(a) the physical design and layout of the premises to be used as the residential family centre meet the needs of families;

(b) the premises to be used as the residential family centre are of sound construction and kept in a good state of repair externally and internally;

(c) all parts of the residential family centre are kept clean and reasonably decorated;

(d) adequate private and communal accommodation is provided for families;

(e) the size and layout of rooms occupied or used by families are suitable for their needs, and each family is provided with at least one room for its exclusive use;

(f) suitable facilities are provided for residents to meet, in private, any person authorised by the [F1 Chief Inspector];

(g) there are provided at appropriate places in the premises sufficient numbers of lavatories, and of wash-basins, baths and showers fitted with a hot and cold water supply;

(h) the premises are equipped with what is reasonably necessary, and adapted as necessary, in order to meet the needs arising from the disability of any disabled resident;

(i) suitable facilities are provided for private study for any resident requiring them;

(j) external grounds which are suitable for, and safe for use by, residents are provided and appropriately maintained;

F2 (k) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) The registered person shall provide for persons working at the residential family centre—

(a) suitable facilities and accommodation, other than sleeping accommodation, including—

(i) facilities for the purpose of changing;

(ii) storage facilities;

(b) sleeping accommodation where the provision of such accommodation is needed for persons working at the residential family centre in connection with their work.

Textual Amendments

F1 Words in reg. 21(2) substituted (1.4.2007) by The Education and Inspections Act 2006 (Consequential Amendments) Regulations 2007 (S.I. 2007/603), regs. 1, 12(b)(i)

F2 Reg. 21(2)(k) omitted (1.4.2013) by virtue of The Residential Family Centres (Amendment) Regulations 2013 (S.I. 2013/499), regs. 1, 12

[F3 Use of surveillance E+W

21A.— (1) Subject to paragraph (6) and any requirements for electronic monitoring imposed by a court under any enactment, the registered person must ensure that electronic or mechanical monitoring devices for the surveillance of residents are not used in a residential family centre, except for the purpose of—

(a) safeguarding their welfare, or that of other residents accommodated in the centre; or

(b) assessment or monitoring carried out under regulation 13A.

(2) The registered person must ensure that any use of such devices is subject to the following conditions:

(a) the residents are informed in advance of the intention to use the device; and

(b) its use is no more intrusive than necessary.

(3) Where the use of such devices is used for the purpose at paragraph (1)(b), the registered person must also ensure that—

(a) the resident being assessed or monitored consents to the use of the device in question; and

(b) its use is provided for in the placement plan.

(4) The registered person must ensure that staff at the residential family centre are appropriately trained and understand the requirements imposed by this regulation before they use any such devices.

(5) Paragraphs (1)(c) and (d), and (2) of regulation 19 apply to any information or material obtained by means described in paragraph (1) as they do to any other record under that regulation.

(6) This regulation does not apply to monitoring devices commonly used by parents to monitor their children’s safety.]

Textual Amendments

F3 Reg. 21A inserted (1.4.2013) by The Residential Family Centres (Amendment) Regulations 2013 (S.I. 2013/499), regs. 1, 13

Fire precautions E+W

22.—(1)  [F4 Subject to paragraph (1A) the registered person] shall after consultation with the [F5 fire authority][F5 fire and rescue authority]—

(a) take adequate precautions against the risk of fire, including the provision of suitable fire equipment;

(b) provide adequate means of escape;

F6 (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d) make arrangements for persons working at the residential family centre to receive suitable training in fire prevention; and

(e) ensure, by means of fire drills and practices at suitable intervals, that the persons working at the residential family centre and, so far as practicable, residents, are aware of the procedure to be followed in case of fire, including the procedure for saving life.

[F7 (1A) Where the Regulatory Reform (Fire Safety) Order 2005 applies to the residential family centre—

(a) paragraph (1) does not apply; and

(b) the registered person must ensure that the requirements of that Order and any regulations made under it, except for article 23 (duties of employees), are complied with in respect of the premises.]

[F8 (2) In this regulation, “fire authority” means the authority discharging in the area in which a residential family centre is situated, the function of fire authority under the Fire Services Act 1947 F9 .]

[F8 (2) In this regulation, “fire and rescue authority” means a fire and rescue authority under the Fire and Rescue Services Act 2004 for the area in which a residential family centre is situated.]

Textual Amendments

F4 Words in reg. 22(1) substituted (1.10.2006) by The Regulatory Reform (Fire Safety) Order 2005 (S.I. 2005/1541), art. 1(3), Sch. 3 para. 15(a) (with arts. 49, 51) (as amended by S.I. 2006/484, arts. 1(1), 2)

F5 Words in reg. 22(1) substituted (E.) (30.12.2004) by The Fire and Rescue Services Act 2004 (Consequential Amendments) (England) Order 2004 (S.I. 2004/3168), arts. 1(1), 65(a)

F6 Reg. 22(1)(c) omitted (1.4.2013) by virtue of The Residential Family Centres (Amendment) Regulations 2013 (S.I. 2013/499), regs. 1, 14

F7 Reg. 22(1A) inserted (1.10.2006) by The Regulatory Reform (Fire Safety) Order 2005 (S.I. 2005/1541), art. 1(3), Sch. 3 para. 15(b) (with arts. 49, 51) (as amended by S.I. 2006/484, arts. 1(1), 2)

F8 Reg. 22(2) substituted (E.) (30.12.2004) by The Fire and Rescue Services Act 2004 (Consequential Amendments) (England) Order 2004 (S.I. 2004/3168), arts. 1(1), 65(b)

F9 1947 c. 41.