PART 1General
Citation, commencement and application1
1
These Regulations may be cited as the Children's Homes (England) Regulations 2015 and come into force on 1st April 2015.
2
These Regulations apply—
a
only to children's homes in England;
b
to a person aged 18 or over, as they apply to children, if the person—
i
is accommodated in a children's home; and
ii
is not employed in, or in relation to, the home.
Interpretation2
1
In these Regulations—
“behaviour management policy” has the meaning given in regulation 35(1);
“care plan” has the meaning given in the Care Planning, Placement and Case Review (England) Regulations 2010 M1;
“care role” means a role in which the work consists, or consisted, mainly or solely of providing care for children or adults;
“case records” means the records maintained under regulation 36 about a child;
“child protection enquiry” means any enquiry carried out by a local authority in the exercise of any of their functions conferred by or under the Children Act 1989 M2 relating to the protection of children;
“child protection policies” means the children's home's policies for safeguarding children (see regulation 34(1)) and preventing bullying (see regulation 34(3)) and the missing child policy (see regulation 34(4));
“childcare” has the meaning given in section 18 of the Childcare Act 2006 M3;
“children's guide” means a document produced by the registered person that explains, in a form appropriate to the age, needs and understanding of children—
- a
what each child can expect of and from the home's care;
- b
the support to which each child is entitled;
- c
how to make a complaint about the home or someone in it; and
- d
how to access advocacy support;
- a
“EHC plan” has the meaning given in section 37(2) (education, health and care plans) of the Children and Families Act 2014;
“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 M4;
“HMCI” means Her Majesty's Chief Inspector of Education, Children's Services and Skills;
“health”, in relation to a child, includes that child's emotional, mental and physical health;
“independent person” has the meaning given in regulation 43(1);
“independent reviewing officer” means a person appointed under section 25A of the Children Act 1989 M5F1or section 99 of the Social Services and Well-being (Wales) Act 2014;
“organisation” means a body corporate or an unincorporated association other than a partnership (but see paragraph (2)(d));
“placement plan” means—
- a
in relation to a child who is looked after by a local authority—
- i
the plan prepared under regulation 9 of the Care Planning, Placement and Case Review (England) Regulations 2010; or
- ii
the child's detention placement plan prepared under regulation 47C(2) of those Regulations M6;
- i
- b
in relation to a child who is not looked after by a local authority—
- i
the plan prepared under regulations 4 and 5 of the Arrangements for Placement of Children by Voluntary Organisations and Others (England) Regulations 2011 M7; or
- ii
the plan prepared by the registered person under regulation 18(4);
- i
- a
“placing authority”—
- a
if the child is looked after by a local authority—
- i
and the child is not a youth justice child, means the local authority that looks after the child;
- ii
and the child is a youth justice child, means the local authority that looks after that youth justice child and the youth offending team with responsibility for that youth justice child;
- i
- b
if the child is not looked after by a local authority—
- i
and the child is being provided with accommodation by a voluntary organisation, means that voluntary organisation;
- ii
and the child is accommodated in a qualifying school under arrangements made by a local authority, means that local authority;
- iii
and the child is a youth justice child, means the youth offending team with responsibility for that youth justice child;
- iv
in cases not falling within sub-paragraphs (i), (ii) or (iii), means the child's parent;
- i
- c
does not include a parent of a child who is not looked after by a local authority in the following provisions—
- i
regulation 5(c);
- ii
regulation 16(2)(d);
- iii
regulation 18(9)(a);
- iv
regulation 34(2)(b) and (c);
- v
regulation 36(5)(b)(ii);
- vi
regulation 44(7)(c);
- vii
regulation 45(5);
- viii
paragraphs 19 and 20 of Schedule 3;
- i
- a
“qualifying school” means a school which is a children's home within the meaning of section 1(6) of the Care Standards Act 2000;
“registered dental practitioner” means a person registered in the dentists register under section 14 of the Dentists Act 1984 M8;
“registered manager” means a person who is registered under Part 2 of the Care Standards Act 2000 as the manager of the home;
“registered person” means the registered provider or the registered manager of the home;
“registered provider” means the person who is registered under Part 2 of the Care Standards Act 2000 as the person carrying on the home;
“relevant person” means any person, body or organisation that the registered person considers to be relevant in relation to the care, protection or safeguarding of a particular child in all the circumstances;
“relevant plans”, in relation to a child, means—
- a
any placement plan for the child;
- b
any care plan for the child;
- c
any EHC plan for the child;
- d
any statement of special educational needs for the child; and
- e
if the child is a youth justice child—
- i
any detention placement plan for the child (under regulation 47C(2) of the Care Planning, Placement and Case Review (England) Regulations 2010); and
- ii
any other plan or plans prepared by the child's placing authority in relation to the remand or sentencing of the child;
- i
- a
“responsible individual” means an individual who—
- a
is a director, manager, secretary or other officer of an organisation which is the registered provider; and
- b
is nominated by that organisation for the purpose of supervising the management of the home on behalf of the organisation;
- a
“restraint” means using force or restricting liberty of movement;
“secure children's home” means F2—
- a
a children's home provided for the purpose of restricting liberty and approved for that purpose in accordance with regulation 3 of the Children (Secure Accommodation) Regulations 1991 M9
F3; or
- a
a secure 16 to 19 Academy (see section 1B(4) to (7) of the Academies Act 2010);
- a
“short breaks” has the meaning given in regulation 52;
“special educational needs” has the meaning given by section 20 of the Children and Families Act 2014;
“statement of purpose” means the statement compiled in accordance with regulation 16;
“statement of special educational needs” means a statement of special educational needs maintained in relation to the child under section 324 of the Education Act 1996 M10;
“youth justice child” means a child who is—
2
In these Regulations—
a
unless the context indicates otherwise, references to a child or to children are to a child or to children accommodated in the children's home;
b
references to a child who is looked after by a local authority have the meaning given by section 22 of the Children Act 1989 M13;
c
references to employing a person include—
i
employing a person, whether or not for payment, and whether under a contract of service or a contract for services; and
ii
allowing a person to work as a volunteer,
and references to an employee, a person being employed, staff or a person working in the home are to be construed accordingly;
d
references to a home are to be construed as references to a children's home;
Excepted establishments3
1
For the purposes of the Care Standards Act 2000, establishments of the following descriptions are excepted from being a children's home—
a
an institution within the further education sector, as defined by section 91(3) of the Further and Higher Education Act 1992 M16;
b
c
an establishment—
i
that would (apart from this sub-paragraph) be a home merely because it provides accommodation for children for the purposes of a holiday, or for cultural, educational, recreational or sporting activities; and
ii
at which accommodation for any one child is not provided for those purposes for more than 27 days in any twelve month period;
d
premises—
i
that would (apart from this sub-paragraph) be a home merely because they are used to provide childcare; and
ii
at which such childcare is not provided in relation to any one child for more than 27 days in any twelve month period;
e
an establishment that would (apart from this sub-paragraph) be a home merely because it provides accommodation for children aged 16 and over—
i
to enable the children to undergo an apprenticeship or training;
ii
for the purposes of a holiday; or
iii
for cultural, educational, recreational or sporting purposes;
f
an establishment that would (apart from this sub-paragraph) be a home merely because it provides care and accommodation for children as a holiday scheme for disabled children, as defined in regulation 2 of the Residential Holiday Schemes for Disabled Children (England) Regulations 2013 M18;
g
an approved bail hostel or an approved probation hostel;
h
an institution provided for the detention of young offenders under section 43(1) of the Prison Act 1952 M19.
F41A
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2
The exception in paragraph (1)(d) does not apply to any establishment or premises in which the children who are accommodated are wholly or mainly of a description falling within section 3(2) of the Care Standards Act 2000.
3
In determining for the purposes of paragraph (1)(d) whether accommodation has been provided for more than 27 days, no account is to be taken of any day which includes a period of 9 hours or more during which—
a
the child is in the care of a parent or relative; and
b
childcare is not provided for that child.