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The Residential Family Centres Regulations 2002

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Fitness of workersE+W

16.—(1) The registered person shall not—

(a)employ a person to work at the residential family centre unless that person is fit to work at a residential family centre; or

(b)allow a person to whom paragraph (2) applies, to work at the residential family centre unless that person is fit to work at a residential family centre.

(2) This paragraph applies to any person who is employed by a person other than the registered person in a position in which he may in the course of his duties have regular contact with residents.

(3) For the purposes of paragraph (1), a person is not fit to work at a residential family centre 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)he is physically and mentally fit for the work he is to perform; and

(d)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)(d) being complied with in relation to that person; and

(b)unless paragraph (5) applies, no person starts work at a residential family centre until such time as paragraph (3)(d) 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 the residential family centre notwithstanding paragraph (4)(b)—

(a)the registered person has taken all reasonable steps to obtain full information in respect of each of the matters specified in Schedule 2 in respect of that person, but the enquiries in relation to any of the matters specified 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 residential family centre who is not employed by him and to whom paragraph (2) does not apply is appropriately supervised while carrying out his duties.

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