The Residential Family Centres Regulations 2002

PART VI E+W MISCELLANEOUS

Notifiable events E+W

26.—(1) If, in relation to a residential family centre, any of the events listed in column 1 of the table in Schedule 5 takes place, the registered person shall without delay notify the persons indicated in respect of the event in column 2 of the table.

(2) The registered person shall without delay notify the parent accommodated in the residential family centre with a child of any significant incident affecting the child’s welfare unless to do so is not reasonably practicable or would place the child’s welfare at risk.

(3) Any notification made in accordance with this regulation which is given orally shall be confirmed in writing.

(4) References in column 1 of the table in Schedule 5 to a centre shall be construed as references to a residential family centre.

(5) References in column 2 of the table to a local authority shall be construed as references to the local authority in whose area the residential family centre is situated.

Notice of absence E+W

27.—(1) Where—

(a) the registered provider if he is the person in day to day charge of the residential family centre; or

(b) the registered manager,

proposes to be absent from the residential family centre for a continuous period of 28 days or more, the registered person shall give notice in writing to the [F1 Chief Inspector] of the proposed absence.

(2) Except in the case of an emergency, the notice referred to in paragraph (1) shall be given at least 28 days before the proposed absence is to start, or within such shorter period as may be agreed with the [F1 Chief Inspector], and the notice shall specify—

(a) the length or expected length of the proposed absence;

(b) the reason for the proposed absence;

(c) the arrangements which have been made for the running of the residential family centre during that absence;

(d) the name, address and qualifications of the person who will be responsible for the residential family centre during the absence; and

(e) in the case of the absence of the registered manager, the arrangements that have been, or are proposed to be, made for appointing another person to manage the residential family centre during that absence, including the proposed date by which the appointment is to be made.

(3) Where the absence arises as a result of an emergency, the registered person shall give notice of the absence within one week of its occurrence specifying the matters in sub-paragraphs (a) to (e) of paragraph (2).

(4) Where—

(a) the registered provider if he is the person in day to day charge of the residential family centre; or

(b) the registered manager,

has been absent from the residential family centre for a continuous period of 28 days or more, and the [F1 Chief Inspector] has not been given notice of the absence, the registered person shall without delay give notice in writing to the [F1 Chief Inspector] specifying the matters mentioned in sub-paragraphs (a) to (e) of paragraph (2).

(5) The registered person shall inform the [F1 Chief Inspector] of the return to duty of the registered provider or (as the case may be) the registered manager not later than 7 days after the date of his return.

Textual Amendments

F1 Words in reg. 27 substituted (1.4.2007) by The Education and Inspections Act 2006 (Consequential Amendments) Regulations 2007 (S.I. 2007/603), regs. 1, 12(b)(i)

Notice of changes E+W

28.  The registered person shall give notice in writing to the [F2 Chief Inspector] as soon as it is practicable to do so if any of the following events takes place or is proposed to take place—

(a) a person other than the registered person carries on or manages the residential family centre;

(b) a person ceases to carry on or manage the residential family centre;

(c) where the registered person is an individual, he changes his name;

(d) where the registered provider is a partnership, there is any change in the membership of the partnership;

(e) where the registered provider is an organisation—

(i) the name or address of the organisation is changed;

(ii) there is any change of director, manager, secretary or other similar officer of the organisation;

(iii) there is to be any change of responsible individual;

(f) where the registered provider is an individual, a trustee in bankruptcy is appointed;

(g) where the registered provider is a company or a partnership, a receiver, manager, liquidator or provisional liquidator is appointed in respect of the registered provider; or

(h) the premises of the residential family centre are to be significantly altered or extended, or additonal premises are acquired.

Textual Amendments

F2 Words in reg. 28 substituted (1.4.2007) by The Education and Inspections Act 2006 (Consequential Amendments) Regulations 2007 (S.I. 2007/603), regs. 1, 12(b)(i)

Appoint of liquidators etc. E+W

29.—(1) Any person to whom paragraph (2) applies must—

(a) forthwith notify the [F3 Chief Inspector] of his appointment indicating the reasons for it;

(b) appoint a manager to take full-time day to day charge of the residential family centre in any case where there is no registered manager; and

(c) within 28 days of his appointment, notify the [F3 Chief Inspector] of his intentions regarding the future operation of the residential family centre.

(2) This paragraph applies to any person appointed as—

(a) the receiver or manager of the property of a company or a partnership which is a registered provider of a residential family centre;

(b) a liquidator or provisional liquidator of a company which is the registered provider of a residential family centre; or

(c) the trustee in bankruptcy of a registered provider of a residential family centre.

Textual Amendments

F3 Words in reg. 29(1) substituted (1.4.2007) by The Education and Inspections Act 2006 (Consequential Amendments) Regulations 2007 (S.I. 2007/603), regs. 1, 12(b)(i)

Death of registered person E+W

30.—(1) If more than one person is registered in respect of a residential family centre, and a registered person dies, the other registered person shall without delay notify the [F4 Chief Inspector] of the death in writing.

(2) If only one person is registered in respect of a residential family centre, and he dies, his personal representatives shall notify the [F4 Chief Inspector] in writing—

(a) without delay of the death; and

(b) within 28 days of their intentions regarding the future operation of the residential family centre.

(3) The personal representatives of a deceased registered provider may carry on the residential family centre without being registered in respect of it—

(a) for a period not exceeding 28 days;

(b) for any further period as may be determined in accordance with paragraph (4).

(4) The [F4 Chief Inspector] may extend the period specified in paragraph (3)(a) by such further period, not exceeding one year, as the [F4 Chief Inspector] shall determine and shall notify any such determination to the personal representatives in writing.

(5) The personal representatives shall appoint a person to take full-time day to day charge of the residential family centre during any period in which, in accordance with paragraph (3), they carry on the residential family centre without being registered in respect of it.

Textual Amendments

F4 Words in reg. 30 substituted (1.4.2007) by The Education and Inspections Act 2006 (Consequential Amendments) Regulations 2007 (S.I. 2007/603), regs. 1, 12(b)(i)

Offences E+W

F5 31.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F5 Reg. 31 omitted (1.4.2013) by virtue of The Residential Family Centres (Amendment) Regulations 2013 (S.I. 2013/499), regs. 1, 17

Compliance with regulations E+W

32.  Where there is more than one registered person in respect of a residential family centre, anything which is required under these Regulations to be done by the registered person shall, if done by one of the registered persons, not be required to be done by any of the other registered persons.