The Supported Accommodation (England) Regulations 2023

Regulations 11, 12 and 17

SCHEDULE 1 Information required in respect of persons seeking to register in respect of, or to work for, a supported accommodation undertaking

1.  Proof of identity, including a recent photograph.

2.  Either—

(a) where the position falls within regulation 5A of the Police Act 1997 (Criminal Records) Regulations 2002(1), an enhanced criminal record certificate issued under section 113B of the Police Act 1997(2) which includes, where applicable—

(i) suitability information relating to children (within the meaning given in section 113BA(2) of the Police Act 1997(3)), or

(ii) suitability information relating to vulnerable adults (within the meaning given in section 113BB(2) of the Police Act 1997(4)) or

(iii) as the case may be, both (i) and (ii), or

(b) in any other case, a criminal record certificate issued under section 113A of the Police Act 1997(5).

3.  Two written references, including a reference from the person’s most recent employer, if any.

4.  If a person has previously worked in a position involving work with children or vulnerable adults, verification so far as reasonably practicable of the reason why the employment or position ended.

5.  Documentary evidence of any qualifications which the person considers relevant for the position for which they are applying to register.

6.  A full employment history, together with a satisfactory explanation of any gaps in employment, in writing.

Regulation 24

SCHEDULE 2 Information and documents to be included in each child’s case records

Personal details in relation to the child

1.  The child’s name and any name by which the child has previously been known, other than a name used by the child prior to adoption.

2.  The child’s date of birth and sex.

3.  The child’s religion, if any.

4.  The child’s ethnicity, and the child’s cultural and linguistic background.

5.  The child’s address immediately before being admitted to the supported accommodation.

6.  The address, and the type of accommodation, to which the child is to go when the child is discharged from the supported accommodation.

7.  The dates on which any money or valuables are deposited by or on behalf of the child for safekeeping, the amount of money or a description of the valuables, and the dates on which any money is withdrawn, and any valuables are returned.

8.  The statutory provision under which the child is accommodated in the supported accommodation.

Contact details of certain persons in relation to the child

9.  The name of an individual who may be contacted at, and the address and telephone number of, the accommodating authority.

10.  The name, address, telephone number and the religion, if any, of the child’s parents.

11.  The name, address and telephone number of any social worker assigned to the child by the accommodating authority.

12.  If the child attends a school or college—

(a) the name, address and telephone number of the school or college, and

(b) if the school has a member of staff who has been designated by its governing body under section 20(1) of the Children and Young Persons Act 2008(6), the name and telephone number of the designated member of staff.

13.  The name, address and telephone number of any employer of the child.

Information relating to the care, protection or safety of the child

14.  The date and circumstances of all incidents where a child goes missing from the premises used as supported accommodation, including any information relating to the child’s whereabouts during the period of absence.

15.  The date and circumstances of any measure of restraint used in relation to the child.

16.  Arrangements for, and any restrictions on, contact between the child, the child’s parents, and any other person.

Plans or reports relating to the child

17.  A copy of any statement of special educational needs in relation to the child.

18.  Every school or college report received in respect of the child while the child is accommodated by the supported accommodation undertaking.

19.  A copy of any relevant plan for the child.

20.  The date and result of any review of any relevant plan for the child.

Health matters in relation to the child

21.  The name of the general medical practitioner with whom the child is a registered patient, the address of the premises at which the child’s primary medical services are usually provided and the name and address of the child’s registered dental practitioner.

22.  Details of any accident involving the child or serious illness the child has had while accommodated by the supported accommodation undertaking.

23.  Details of any immunisation, allergy, or medical examination of the child and of any medical or dental need or treatment of the child.

24.  Details of any health examination or developmental test conducted with respect to the child at, or in connection with, the child’s school or college.

25.  Details of any medicines kept for the child at the premises used as supported accommodation, including details of—

(a) any medicines which the child is permitted to self-administer;

(b) the administration of any medicine to the child;

(c) the disposal of any medicine.

26.  Any special dietary or health needs of the child.

Regulation 25

SCHEDULE 3 Other records with respect to supported accommodation undertakings

Register of children

1.  A record in the form of a register showing in respect of each child—

(a) the date of the child’s admission to the premises used as supported accommodation,

(b) the date on which the child ceased to be accommodated in the premises,

(c) the child’s address immediately before being accommodated in the premises,

(d) the child’s address on leaving the premises,

(e) the child’s accommodating authority, and

(f) the statutory provision under which the child is accommodated.

Persons working in premises used as supported accommodation

2.  A record showing in respect of each person working at each of the premises used as supported accommodation—

(a) the person’s full name,

(b) the person’s sex,

(c) the person’s date of birth,

(d) the person’s home address,

(e) the person’s qualifications relevant to, and experience of, work involving children,

(f) whether the person works at the premises full-time or part-time (whether paid or not), and if part-time, the average number of hours worked per week, and

(g) whether the person resides at the premises.

Regulation 43(1)

SCHEDULE 4 Modifications to Part 2, other than sections 11 and 26, of the Care Standards Act 2000

Modification of section 12 (application for registration)

1.  In section 12—

(a) in subsections (1) and (2), the references to “the registration authority”, in respect of a supported accommodation undertaking, are to be read as references to the CIECSS;

(b) in subsection (3), the reference to “the manager of an establishment or agency”, in respect of a supported accommodation undertaking, is to be read as a reference to the registered service manager of a supported accommodation undertaking;

(c) in subsection (4), the reference to “more than one establishment or agency” is to be read as a reference to more than one supported accommodation undertaking.

Modification of section 13 (grant or refusal of registration)

2.  In section 13—

(a) in subsection (1), the reference to “an establishment or agency” is to be read as a reference to a supported accommodation undertaking;

(b) in subsections (2), (3), (4) and (5), the references to “the registration authority”, in respect of a supported accommodation undertaking, are to be read as references to the CIECSS;

(c) in subsection (2), the reference to “the establishment or agency” is to be read as a reference to the supported accommodation undertaking.

Modification of section 14 (cancellation of registration)

3.  In section 14—

(a) in subsection (1), in paragraphs (b), (c) and (ca)(i), the references to “the establishment or agency” are to be read as references to the supported accommodation undertaking;

(b) in subsection (3), the reference to “the registration authority”, in respect of a supported accommodation undertaking, is to be read as a reference to the CIECSS.

Modification of section 14A (suspension of registration)

4.  In section 14A—

(a) in subsections (1) and (2), the references to “the registration authority”, in respect of a supported accommodation undertaking, are to be read as references to the CIECSS;

(b) in subsection (1), the reference to “an establishment or agency” is to be read as a reference to a supported accommodation undertaking;

(c) in subsection (2), the reference to “the establishment or agency” is to be read as a reference to the supported accommodation undertaking.

Modification of section 15 (applications by registered persons)

5.  In section 15, in subsections (1), (2), (4) and (4A), the references to “the registration authority”, in respect of a supported accommodation undertaking, are to be read as references to the CIECSS.

Modification of section 16 (regulations about registration)

6.  Section 16 is to be read as if subsection (2) were omitted.

Modification of section 17 (notice of proposals)

7.  In section 17—

(a) in subsections (1) and (4), the references to “an establishment or agency” are to be read as references to a supported accommodation undertaking;

(b) in subsections (2), (3), (4) and (5), the references to “the registration authority”, in respect of a supported accommodation undertaking, are to be read as references to the CIECSS;

(c) in subsection (6), the reference to “the registration authority’s reasons”, in respect of a supported accommodation undertaking, is to be read as a reference to the CIECSS’s reasons.

Modification of section 18 (right to make representations)

8.  In section 18, the references to “the registration authority”, in respect of a supported accommodation undertaking, are to be read as references to the CIECSS.

Modification of section 19 (notice of decisions)

9.  In section 19—

(a) in subsections (1), (3), (5) and (6), the references to “the registration authority”, in respect of a supported accommodation undertaking, are to be read as references to the CIECSS;

(b) in subsection (1), the reference to “an establishment or agency” is to be read as a reference to a supported accommodation undertaking.

Modification of section 20 (urgent procedure for cancellation, variation etc: England)

10.  In section 20—

(a) in subsection (1), the reference to “an establishment or agency for which the CIECSS is the registration authority” is to be read as a reference to a supported accommodation undertaking;

(b) in subsections (1), (5) and (6), the references to “the establishment or agency” are to be read as references to the supported accommodation undertaking.

Modification of section 20B (urgent procedure for suspension or variation etc)

11.  In section 20B—

(a) in subsection (1), the reference to “an establishment or agency” is to be read as a reference to a supported accommodation undertaking;

(b) in subsections (1) and (2), the references to “the registration authority”, in respect of a supported accommodation undertaking, are to be read as references to the CIECSS;

(c) in subsection (2), the reference to “the establishment or agency” is to be read as a reference to the supported accommodation undertaking;

(d) in subsection (4), the reference to “the registration authority’s reasons”, in respect of a supported accommodation undertaking, is to be read as a reference to the CIECSS’s reasons.

Modification of section 21 (appeals to the Tribunal)

12.  In section 21—

(a) in subsections (1) and (3), the references to “the registration authority”, in respect of a supported accommodation undertaking, are to be read as references to the CIECSS;

(b) in subsection (4C), the reference to “the same establishment” is to be read as a reference to the same supported accommodation undertaking;

(c) in subsection (5), the references to “the establishment or agency” are to be read as references to the supported accommodation undertaking;

(d) subsection (6) is to be read as if it were omitted.

Modification of section 22 (regulation of establishments and agencies)

13.  In section 22—

(a) the following are to be read as if they were omitted—

(i) subsection (1)(b);

(ii) subsection (2)(e);

(iii) subsection (5)(b);

(iv) subsection (6);

(v) subsection (7)(k) and (l);

(vi) subsection (8)(a) and (b);

(vii) subsection (11);

(b) in subsection (7)(e), (f) and (g), the references to “the manager”, in respect of a supported accommodation undertaking, are to be read as references to the registered service manager.

Modification of section 22A (power of CIECSS to serve notice where person is failing to comply with regulations)

14.  In section 22A—

(a) in subsection (1), the reference to “a relevant establishment or agency” is to be read as a reference to a relevant supported accommodation undertaking;

(b) in subsections (1) and (3), the references to “that establishment or agency” are to be read as references to that supported accommodation undertaking;

(c) in subsection (3), the reference to “the establishment or agency” is to be read as a reference to the supported accommodation undertaking;

(d) in subsection (6), the reference to “an establishment or agency” is to be read as a reference to a supported accommodation undertaking.

Modification of section 22B (notice restricting accommodation at certain establishments)

15.  In section 22B—

(a) in subsections (1), (4), (5) and (6), the references to “the registration authority”, in respect of a supported accommodation undertaking, are to be read as references to the CIECSS;

(b) in subsection (1)—

(i) the reference to “an establishment” is to be read as a reference to a supported accommodation undertaking;

(ii) the reference to “that establishment” is to be read as a reference to that supported accommodation undertaking or, where relevant, premises at which that supported accommodation undertaking provides supported accommodation;

(c) in subsection (2), the reference to “accommodated at the establishment” is to be read as a reference to accommodated by the supported accommodation undertaking or, where relevant, accommodated in premises at which the supported accommodation undertaking provides supported accommodation;

(d) in subsection (3), the reference to “the establishment” is to be read as a reference to the supported accommodation undertaking or, where relevant, the premises at which the supported accommodation undertaking provides supported accommodation;

(e) in subsection (5), the reference to “the establishment” is to be read as a reference to the supported accommodation undertaking;

(f) in subsection (8), the list of establishments is to be read as including supported accommodation undertakings.

Modification of section 23 (national minimum standards)

16.  In section 23—

(a) subsection (1ZA) is be read as if it were omitted;

(b) in subsection (4), the references to “the registration authority”, in respect of a supported accommodation undertaking, are to be read as references to the CIECSS.

Modification of section 24 (failure to comply with conditions)

17.  In section 24—

(a) the reference to “an establishment or agency” is to be read as a reference to a supported accommodation undertaking;

(b) the reference to “the establishment or agency” is to be read as a reference to the supported accommodation undertaking.

Modification of section 24A (offences relating to suspension)

18.  In section 24A(1)—

(a) the reference to “an establishment or agency” is to be read as a reference to a supported accommodation undertaking;

(b) the reference to “the establishment or agency” is to be read as a reference to the supported accommodation undertaking.

Modification of section 29 (proceedings for offences)

19.  Section 29(3) is to be read as if paragraph (a) were omitted.

Modification of section 30A (notification of matters relating to persons carrying on or managing certain establishments or agencies)

20.  In section 30A—

(a) in subsections (2) and (3), the references to “the registration authority”, in respect of a supported accommodation undertaking, are to be read as references to the CIECSS;

(b) in subsection (2)—

(i) the references to “the establishment or agency” are to be read as references to the supported accommodation undertaking;

(ii) paragraph (ab) is to be read as including a reference to a notice under section 20B to vary or remove a condition for the time being in force in relation to the registration of P, or to impose an additional condition, where P is managing or carrying on a supported accommodation undertaking;

(c) in subsection (6), the list of establishments and agencies is to be read as including supported accommodation undertakings.

Modification of section 31 (inspections by persons authorised by registration authority)

21.  In section 31—

(a) in subsections (1) and (2), the references to “the registration authority”, in respect of a supported accommodation undertaking, are to be read as references to the CIECSS;

(b) in subsection (1), the reference to “an establishment or agency” is to be read as a reference to a supported accommodation undertaking;

(c) in subsections (1), (3)(c) and (4)(a), the references to “the establishment or agency” are to be read as references to the supported accommodation undertaking;

(d) in subsection (2), the reference to “premises which are used, or which he has reasonable cause to believe to be used, as an establishment or for the purposes of an agency” is to be read as a reference to premises which are used, or which he has reasonable cause to believe to be used, for the purposes of a supported accommodation undertaking, including premises used as supported accommodation;

(e) in subsections (3)(c) and (4)(a), the references to “the manager”, in respect of a supported accommodation undertaking, are to be read as references to the registered service manager;

(f) subsections (5) and (6) are to be read as if they were omitted.

Modification of section 32 (inspections: supplementary)

22.  In section 32—

(a) in subsections (4) and (5), the references to “the establishment or agency” are to be read as references to the supported accommodation undertaking;

(b) in subsection (4), the reference to “an establishment or agency” is to be read as a reference to a supported accommodation undertaking;

(c) in subsection (5), the reference to “an agency” is to be read as a reference to a supported accommodation undertaking;

(d) in subsections (5), (6) and (7), the references to “the registration authority”, in respect of a supported accommodation undertaking, are to be read as references to the CIECSS.

Modification of section 36 (provision of copies of registers)

23.  In section 36(1) and (2), the references to “the registration authority”, in respect of a supported accommodation undertaking, are to be read as references to the CIECSS.

Modification of section 37 (service of documents)

24.  In section 37—

(a) in subsections (1) and (2), the references to “an establishment or agency” are to be read as references to a supported accommodation undertaking;

(b) in subsection (2), the reference to “the establishment or agency” is to be read as a reference to the supported accommodation undertaking.

Regulation 43(2)

SCHEDULE 5 Modifications to sections 11 and 26 of the Care Standards Act 2000

Modification of section 11 (requirement to register)

1.  In section 11—

(a) in subsections (1) and (6)(b), the references to “an establishment or agency” are to be read as references to a supported accommodation undertaking;

(b) in subsection (1), the reference to “an establishment or, as the case may be, agency” is to be read as a reference to a supported accommodation undertaking;

(c) in subsection (6)(a), the reference to “the establishment or agency” is to be read as a reference to the supported accommodation undertaking.

Modification of section 26 (false descriptions of establishments and agencies)

2.  In section 26—

(a) in subsection (1)—

(i) the reference to “the premises are an establishment, or an agency, of a particular description” is to be read as a reference to the premises being used for the purposes of providing supported accommodation by a supported accommodation undertaking;

(ii) the reference to “the premises as an establishment or agency of that description” is to be read as a reference to the supported accommodation undertaking;

(b) in subsection (2), the reference to “an undertaking or organisation” is to be read as a reference to a supported accommodation undertaking;

(c) in subsection (3)—

(i) the reference to “an establishment or agency” is to be read as a reference to a supported accommodation undertaking;

(ii) the reference to “the establishment or agency” is to be read as a reference to the supported accommodation undertaking.

(1)

S.I. 2002/233; regulation 5A was inserted by S.I. 2006/748; relevant amending instruments are S.I. 2006/2181, 2007/1892, 2008/2143, 2009/1882, 2010/817, 2012/523, 2012/2114, 2012/3006, 2012/3016, 2013/1194, 2013/2669, 2014/955, 2022/979.

(2)

1997 c. 50; section 113B was inserted by the Serious Organised Crime and Police Act 2005 (c. 15), section 163(2).

(3)

Section 113BA was inserted by the Safeguarding Vulnerable Groups Act 2006, Schedule 9, paragraph 14.

(4)

Section 113BB was inserted by the Safeguarding Vulnerable Groups Act 2006, Schedule 9, paragraph 14.

(5)

Section 113A was inserted by the Serious Organised Crime and Police Act 2005, section 163(2).

(6)

Section 20 was amended by the Children and Social Work Act 2017, section 7 and S.I. 2016/413.