http://www.legislation.gov.uk/wsi/2002/327/contents/2016-04-06

The Children’s Homes (Wales) Regulations 2002

Children in care

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Primary health care

SOCIAL CARE, WALES

CHILDREN AND YOUNG PERSONS, WALES

Statute Law Database

2023-06-21

Expert Participation

2016-04-06

These Regulations are made under the Care Standards Act 2000 (“the Act”) and apply in relation to children’s homes in Wales. Parts I and II of the Act provide for the National Assembly for Wales, in relation to Wales, to register and inspect establishments and agencies. The Act also provides for the Assembly to make regulations governing the conduct of establishments and agencies in relation to Wales. The majority of Parts I and II of the Act (in so far as not already in force) will be brought into force on 1st April 2002.

The Children’s Homes (Wales) Regulations 2002 (revoked)

The Children’s Homes (Wales) Regulations 2002

Rheoliadau Cartrefi Plant (Cymru) 2002

reg. 8(2D)

The Regulation and Inspection of Social Care (Wales) Act 2016 (Consequential Amendments to Secondary Legislation) Regulations 2017

Rheoliadau Deddf Rheoleiddio ac Arolygu Gofal Cymdeithasol (Cymru) 2016 (Diwygiadau Canlyniadol i Is-ddeddfwriaeth) 2017

Sch. 1

para. 5(4)(a)(ii)

reg. 1(2)

The Children’s Homes (Wales) Regulations 2002 (revoked)

The Children’s Homes (Wales) Regulations 2002

Rheoliadau Cartrefi Plant (Cymru) 2002

reg. 8(2D)

The Regulation and Inspection of Social Care (Wales) Act 2016 (Consequential Amendments to Secondary Legislation) Regulations 2017

Rheoliadau Deddf Rheoleiddio ac Arolygu Gofal Cymdeithasol (Cymru) 2016 (Diwygiadau Canlyniadol i Is-ddeddfwriaeth) 2017

Sch. 1

para. 5(4)(a)(ii)

reg. 1(2)

The Children’s Homes (Wales) Regulations 2002 (revoked)

The Children’s Homes (Wales) Regulations 2002

Rheoliadau Cartrefi Plant (Cymru) 2002

reg. 26(2D)

The Regulation and Inspection of Social Care (Wales) Act 2016 (Consequential Amendments to Secondary Legislation) Regulations 2017

Rheoliadau Deddf Rheoleiddio ac Arolygu Gofal Cymdeithasol (Cymru) 2016 (Diwygiadau Canlyniadol i Is-ddeddfwriaeth) 2017

Sch. 1

para. 5(4)(b)

reg. 1(2)

The Children’s Homes (Wales) Regulations 2002 (revoked)

The Children’s Homes (Wales) Regulations 2002

Rheoliadau Cartrefi Plant (Cymru) 2002

reg. 26(2E)

The Regulation and Inspection of Social Care (Wales) Act 2016 (Consequential Amendments to Secondary Legislation) Regulations 2017

Rheoliadau Deddf Rheoleiddio ac Arolygu Gofal Cymdeithasol (Cymru) 2016 (Diwygiadau Canlyniadol i Is-ddeddfwriaeth) 2017

Sch. 1

para. 5(4)(b)

reg. 1(2)

The Children’s Homes (Wales) Regulations 2002 (revoked)

The Children’s Homes (Wales) Regulations 2002

Rheoliadau Cartrefi Plant (Cymru) 2002

Sch. 2

para. 5A

The Regulation and Inspection of Social Care (Wales) Act 2016 (Consequential Amendments to Secondary Legislation) Regulations 2017

Rheoliadau Deddf Rheoleiddio ac Arolygu Gofal Cymdeithasol (Cymru) 2016 (Diwygiadau Canlyniadol i Is-ddeddfwriaeth) 2017

Sch. 1

para. 5(4)(c)

reg. 1(2)

The Children’s Homes (Wales) Regulations 2002 (revoked)

The Children’s Homes (Wales) Regulations 2002

Rheoliadau Cartrefi Plant (Cymru) 2002

Sch. 4

para. 2(f)

The Regulation and Inspection of Social Care (Wales) Act 2016 (Consequential Amendments to Secondary Legislation) Regulations 2017

Rheoliadau Deddf Rheoleiddio ac Arolygu Gofal Cymdeithasol (Cymru) 2016 (Diwygiadau Canlyniadol i Is-ddeddfwriaeth) 2017

Sch. 1

para. 5(4)(d)

reg. 1(2)

The Children’s Homes (Wales) Regulations 2002 (revoked)

The Children’s Homes (Wales) Regulations 2002

Rheoliadau Cartrefi Plant (Cymru) 2002

Sch. 4

para. 2(h)

The Regulation and Inspection of Social Care (Wales) Act 2016 (Consequential Amendments to Secondary Legislation) Regulations 2017

Rheoliadau Deddf Rheoleiddio ac Arolygu Gofal Cymdeithasol (Cymru) 2016 (Diwygiadau Canlyniadol i Is-ddeddfwriaeth) 2017

Sch. 1

para. 5(2)

para. 5(3)(d)

reg. 1(2)

The Children’s Homes (Wales) Regulations 2002 (revoked)

The Children’s Homes (Wales) Regulations 2002

Rheoliadau Cartrefi Plant (Cymru) 2002

reg. 6(5)(a)

The Tribunals, Courts and Enforcement Act 2007 (Consequential Amendments) Order 2012

Sch. 3

para. 22(3)(a)

art. 7

art. 1

The Children’s Homes (Wales) Regulations 2002 (revoked)

The Children’s Homes (Wales) Regulations 2002

Rheoliadau Cartrefi Plant (Cymru) 2002

reg. 6(5)(a)

The Tribunals, Courts and Enforcement Act 2007 (Consequential Amendments) Order 2012

Sch. 3

para. 22(3)(b)

art. 7

art. 1

The Children’s Homes (Wales) Regulations 2002 (revoked)

The Children’s Homes (Wales) Regulations 2002

Rheoliadau Cartrefi Plant (Cymru) 2002

reg. 6(5)(a)

The Tribunals, Courts and Enforcement Act 2007 (Consequential Amendments) Order 2012

Sch. 3

para. 22(3)(c)

art. 7

art. 1

The Children’s Homes (Wales) Regulations 2002 (revoked)

The Children’s Homes (Wales) Regulations 2002

Rheoliadau Cartrefi Plant (Cymru) 2002

reg. 6(5)(a)

The Enterprise and Regulatory Reform Act 2013 (Consequential Amendments) (Bankruptcy) and the Small Business, Enterprise and Employment Act 2015 (Consequential Amendments) Regulations 2016

Sch. 2

para. 15(b)

reg. 1

The Children’s Homes (Wales) Regulations 2002 (revoked)

The Children’s Homes (Wales) Regulations 2002

Rheoliadau Cartrefi Plant (Cymru) 2002

reg. 31(1)

The Regulatory Reform (Fire Safety) Order 2005

Sch. 3

para. 13(b)

art. 49

art. 1(3)

The Children’s Homes (Wales) Regulations 2002 (revoked)

The Children’s Homes (Wales) Regulations 2002

Rheoliadau Cartrefi Plant (Cymru) 2002

reg. 31(1A)

The Regulatory Reform (Fire Safety) Order 2005

Sch. 3

para. 13(d)

art. 49

art. 1(3)

The Children’s Homes (Wales) Regulations 2002

PART 1GENERAL

1Citation, commencement and application

2Interpretation

3Establishments which are not children’s homes

4Statement of purpose and children’s guide

5Review of the statement of purpose and children’s guide

PART IIREGISTERED PERSONS

6Fitness of registered provider

7Appointment of manager

8Fitness of manager

9Registered person — general requirements

10Notification of offences

PART IIICONDUCT OF CHILDREN'S HOMES

CHAPTER 1WELFARE OF CHILDREN

11Promotion of welfare

12Child’s placement plan

13Food provided for children

14Provision of clothing, pocket money and personal necessities

15Contact and access to communications

16Arrangements for the protection of children

17Behaviour management, discipline and restraint

18Education, employment and leisure activity

19Religious observance

20Health needs of children

21Medicines

22Use of surveillance

23Hazards and safety

24Representations and complaints

CHAPTER 2STAFFING

25Staffing of children’s homes

26Fitness of workers

27Employment of staff

30Fitness of premises

31Fire precautions

PART VMANAGEMENT OF HOMES

32Visits by registered provider

33Review of quality of care

34Regulations and national minimum standards

38Appointment of liquidators etc

39Death of registered person

40Offences

41Compliance with regulations

42Specification of appropriate offices

43Revocation

SCHEDULE 1MATTERS TO BE INCLUDED IN THE STATEMENT OF PURPOSE

1A statement of the overall aims of the home, and...

2A statement of the facilities and services to be provided,...

3The name and business address of every registered person.

4The relevant qualifications and experience of every registered person.

5The numbers, relevant qualifications and experience of persons working at...

6The arrangements for the supervision, training and development of employees....

7The organisational structure of the home.

8The following details— (a) the age-range, sex and numbers of...

9The criteria used for admission to the home, including the...

10If the home provides or is intended to provide accommodation...

11A description of the home’s ethos and philosophy and the...

12The arrangements made to protect and promote the health of...

13The arrangements for the promotion of the education of the...

14The arrangements to promote the participation of children in hobbies...

15The arrangements made for consultation with the children accommodated in...

16Details of— (a) the home’s policy on behaviour management and...

17The arrangements for child protection and to counter bullying.

18The procedure for dealing with any unauthorised absence of a...

19Details of any means of surveillance of children which may...

20The fire precautions and associated emergency procedures in the home....

21The arrangements made for the children’s religious instruction and observance....

22The arrangements made for contact between any child accommodated in...

23The arrangements for dealing with complaints of the children accommodated...

24The arrangements for dealing with reviews of placement plans.

25The type of accommodation and sleeping arrangements provided (including details...

26Details of any specific therapeutic techniques used in the home...

27Details of the home’s policy on anti-discriminatory practice as respects...

SCHEDULE 2INFORMATION REQUIRED IN RESPECT OF PERSONS SEEKING TO CARRY ON, MANAGE OR WORK AT A CHILDREN'S HOME

1Proof of identity including a recent photograph.

2Either— (a) where the certificate is required for a purpose...

3Two written references, including a reference from the last employer,...

4Where a person has previously worked in a position whose...

5Documentary evidence of any relevant qualification.

5ADocumentary evidence of registration with the Care Council for Wales....

6A full employment history, together with a satisfactory written explanation...

7. . . . . . . . . ....

8The requirement in paragraph 2 for a certificate to include...

SCHEDULE 3INFORMATION TO BE INCLUDED IN THE CASE RECORDS OF CHILDREN ACCOMMODATED IN CHILDREN'S HOMES

1The child’s name and any name by which the child...

2The child’s date of birth and sex.

3The child’s religious persuasion, if any.

4A description of the child’s racial origin and cultural and...

5The child’s address immediately prior to entering the home.

6The name, address and telephone number of the child’s placing...

7The statutory provision (if any) under which he or she...

8The name, address, telephone number and the religious persuasion, if...

9The name, address and telephone number of any social worker...

10Any record required to be kept under regulation 16(2)(d) (allegation...

11The date and circumstances of all absences of the child...

12The date of, and reason for, any visit to the...

13A copy of any statement of special educational needs maintained...

14The date and circumstances of any measures of control, restraint...

15Any special dietary or health needs of the child.

16The name, address and telephone number of any school or...

17Every school report received by the child while accommodated in...

18Arrangements for, including any restriction, prohibition or condition as to,...

19A copy of any plan for the care of the...

20The date and result of any review of the placing...

21The name and address of the general practitioner with whom...

22Details of any accident or serious illness involving the child...

23Details of any immunisation, allergy, or medical examination of the...

24Details of any health examination or developmental test conducted with...

25Details of any medicines kept for the child in the...

26The date on which any money or valuables are deposited...

27The address, and type of establishment or accommodation, to which...

SCHEDULE 4OTHER RECORDS

1A record in the form of a register showing in...

2A record of all persons working at the children’s home,...

3A record of any person who resides or works at...

4A record of all accidents occurring in the children’s home...

5A record of the receipt, disposal and administration of any...

6A record of every fire drill or fire alarm test...

7A record of all money deposited by a child for...

8A record of all valuables deposited by a child and...

9Records of all accounts kept in the children’s home.

10A record of menus served.

11A record, in accordance with regulation 17(4), of every disciplinary...

12Records of all staff duty rosters, and a record of...

13A daily log of events occurring in the home.

14A record of all visitors to the home and to...

SCHEDULE 5EVENTS AND NOTIFICATIONS

SCHEDULE 6MATTERS TO BE MONITORED AND REVIEWED BY THE REGISTERED PERSON

1In respect of each child accommodated in the children’s home,...

2The deposit and issue of money and other valuables handed...

3Daily menus.

4All accidents and injuries sustained in the home or by...

5Any illnesses of children accommodated in the home.

6Complaints in relation to children accommodated in the home and...

7Any allegations or suspicions of abuse in respect of children...

8Staff recruitment records and conduct of required checks for new...

9Visitors to the home and to children in the home....

10Notifications of the events listed in Schedule 5.

11Any unauthorised absence from the home of a child accommodated...

12The use of measures of control, restraint and discipline in...

13Risk assessments for health and safety purposes and subsequent action...

14Medicines, medical treatment and first aid administered to any child...

15In the case of a qualifying school, the standards of...

16Duty rosters of persons working at the home, and the...

17The home’s daily log of events.

18Fire drills and tests of alarms and of fire equipment....

19Records of appraisals of employees.

20Minutes of staff meetings.

2002 No. 327 (W.40)

SOCIAL CARE, WALES

CHILDREN AND YOUNG PERSONS, WALES

The Children’s Homes (Wales) Regulations 2002

Made12th February 2002

Coming into force1st April 2002

The National Assembly for Wales in exercise of the powers conferred upon it by sections 1(4), 22(1), (2)(a) to (d), (f) to (j), (5)(a) and (c), (7)(a) to (h), (j), (8)(c), 25(1), 33, 34(1), 35, 118(5) to (7) of the Care Standards Act 20001 and having consulted such persons as it considers appropriate2, hereby makes the following Regulations: