The Supported Accommodation (England) Regulations 2023

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations make provision under Part 2 of the Care Standards Act 2000 (c. 14) (“the 2000 Act”) in respect of supported accommodation. They make related provision under the Children Act 1989 (c. 41).

Supported accommodation and supported accommodation undertakings are defined by regulation 2 of the Care Standards Act 2000 (Extension of the Application of Part 2 to Supported Accommodation) (England) Regulations 2022 (S.I. 2022/808) (“the 2022 Regulations”). The 2022 Regulations extended the application of specified provisions of Part 2 of the 2000 Act to persons carrying on or managing a supported accommodation undertaking. These Regulations further extend the application of Part 2 to persons carrying on or managing a supported accommodation undertaking.

Part 2 makes provision for quality standards for supported accommodation undertakings. Regulations 3 to 7 detail four quality standards. Regulation 8 requires the registered person to have regard to any statement of national minimum standards applicable to supported accommodation undertakings that the Secretary of State may publish under section 23 of the 2000 Act. Regulations 9 and 10 respectively describe the statement of purpose and workforce plan which a registered person for a supported accommodation undertaking must produce in support of meeting the relevant quality standards.

Part 3 makes provision about the persons who are fit to carry on (regulation 11) and manage (regulation 12) a supported accommodation undertaking. This also includes provision for general requirements of those persons (regulation 13), the circumstances in which the appointment of a manager is required (regulation 14) and compliance with regulations where there is more than one registered person (regulation 15). Regulation 16 makes related amendments to the Care Standards Act 2000 (Registration) (England) Regulations 2010 (S.I. 2010/2130).

Part 4 makes provision about staffing at supported accommodation undertakings, including the persons who are fit to work there (regulation 17), the employment of staff (regulation 18) and temporary staff (regulation 19).

Part 5 makes provision concerning policies that must be kept and maintained by supported accommodation undertakings for the protection of children, and the making and keeping of records. It sets out the requirements for a safeguarding policy (regulation 20), a missing child policy (regulation 21), a behaviour management policy and related records (regulation 22) and a contingency plan policy (regulation 23). Regulations 24 to 26 make provision for the keeping and storage of records, including children’s case records.

Part 6 makes provision about events of which His Majesty’s Chief Inspector of Education, Children’s Services and Skills (“the CIECSS”) must be informed. These include serious events (regulation 27), admissions to and discharges from supported accommodation (regulation 28) and where specified persons related to a supported accommodation undertaking are convicted of a criminal offence (regulation 29). Regulation 30 makes related amendments to the Care Standards Act 2000 (Enforcement of Care Standards) (Notification) (England) Regulations 2011 (S.I. 2011/552). Regulation 31 sets out requirements concerning the handling of complaints and representations.

Part 7 makes provision about the reviewing and monitoring of supported accommodation undertakings, including quality of support reviews (regulation 32), steps to be taken in the absence of a registered service manager (regulation 33), changes of which the CIECSS must be notified (regulation 34) and the financial position of undertakings (regulation 35).

Part 8 amends the Care Planning, Placement and Case Review (England) Regulations 2010 (S.I. 2010/959) (regulation 36) and the Care Leavers (England) Regulations 2010 (S.I. 2010/2571) (regulation 37) to prohibit local authority’s from accommodating looked after children and care leavers, respectively, in supported accommodation which is provided by a supported accommodation undertaking in respect of which the person carrying on or managing the undertaking is not registered under Part 2 of the 2000 Act.

Part 9 makes further related amendments to: the Disqualification from Caring for Children (England) Regulations 2002 (S.I. 2002/635) (regulation 38); the Her Majesty’s Chief Inspector of Education, Children’s Services and Skills (Fees and Frequency of Inspections) (Children’s Homes etc.) Regulations 2015 (S.I. 2015/551) (regulation 39); and the 2022 Regulations (regulation 40), including to correct an error in a modification of section 22(7) of the 2000 Act.

Part 10 makes miscellaneous provision in relation to the appointment of liquidators (regulation 41) and the death of a registered person (regulation 42). Regulation 43 specifies those provisions of Part 2 of the 2000 Act that apply to persons carrying on or managing supported accommodation undertakings, with, where relevant, the modifications specified in Schedules 4 and 5. Regulation 44 makes transitional provision.

No impact assessment has been prepared for these Regulations.