The Children’s Homes (Wales) Regulations 2002

PART II REGISTERED PERSONS

Fitness of registered provider

6.—(1) A person shall not carry on a children’s home unless fit to do so.

(2) A person is not fit to carry on a children’s home unless the person—

(a) is an individual who satisfies the requirements set out in paragraph (3); or

(b) is an organisation and—

(i) it has given notice to the appropriate office of the National Assembly of the name, address and position in the organisation of an individual (in these Regulations referred to as “the responsible individual”) who is a director, manager, secretary or other officer of the organisation and is responsible for supervising the management of the children’s home; and

(ii) that individual satisfies the requirements set out in paragraph (3).

(3) The requirements are that—

(a) he or she is of suitable integrity and good character to carry on, or (as the case may be) be responsible for supervising the management of, the children’s home;

(b) he or she is physically and mentally fit to carry on, or (as the case may be) be responsible for supervising the management of, the children’s home; and

(c) full and satisfactory information or documentation is available in relation to him or her—

(i) except where paragraph (4) applies, in respect of each matter specified in paragraphs 1 to 6 of Schedule 2;

(ii) where paragraph (4) applies, in respect of each matter specified in paragraphs 1 and 3 to 7 of Schedule 2.

(4) This paragraph applies where any certificate or information on any matters specified in paragraph 2 of Schedule 2 is not available to an individual because any provision of the Police Act 1997(1) has not been brought into force.

(5) A person is not fit to carry on a children’s home if—

(a) he or she has been adjudged bankrupt or sequestration of his or her estate has been awarded and (in either case) he or she has not been discharged and the bankruptcy order has not been annulled or rescinded; or

(b) he or she has made a composition or arrangement with his creditors and has not been discharged in respect of it.

Appointment of manager

7.—(1) The registered provider shall appoint an individual to manage the children’s home if—

(a) there is no registered manager in respect of the children’s home; and

(b) the registered provider—

(i) is an organisation;

(ii) is not a fit person to manage a children’s home; or

(iii) is not, or does not intend to be, in full-time day to day charge of the children’s home.

(2) Where the registered provider appoints a person to manage the children’s home, he shall forthwith give notice to the appropriate office of the National Assembly of—

(a) the name of the person so appointed; and

(b) the date on which the appointment is to take effect.

(3) If the registered provider is to manage the home he or she shall forthwith give notice to the appropriate office of the National Assembly of the date on which such management is to begin.

Fitness of manager

8.—(1) A person shall not manage a children’s home unless he or she is fit to do so.

(2) A person is not fit to manage a children’s home unless—

(a) he or she is of suitable integrity and good character to manage the children’s home;

(b) having regard to the size of the children’s home, its statement of purpose, and the number and needs (including any needs arising from any disability) of the children accommodated there—

(i) he or she has the qualifications, skills and experience necessary to manage the children’s home; and

(ii) he or she is physically and mentally fit to manage the children’s home; and

(c) full and satisfactory information or documentation is available in relation to him or her—

(i) except where paragraph (3) applies, in respect of each matter specified in paragraphs 1 to 6 of Schedule 2;

(ii) where paragraph (3) applies, in respect of each of the matters specified in paragraphs 1 and 3 to 7 of Schedule 2.

(3) This paragraph applies where any certificate or information on any matters referred to in paragraph 2 of Schedule 2 is not available to an individual because any provision of the Police Act 1997(2) has not been brought into force.

Registered person — general requirements

9.—(1) The registered provider and the registered manager shall, having regard to—

(a) the size of the children’s home;

(b) the statement of purpose of the children’s home;

(c) the number and needs (including any needs arising from any disability) of the children accommodated there,

carry on or manage the home (as the case may be) with sufficient care, competence and skill.

(2) If the registered provider is—

(a) an individual, he or she shall undertake; or

(b) an organisation, it shall ensure that the responsible individual undertakes,

from time to time such training as is appropriate to ensure that he or she has the experience and skills necessary for carrying on the children’s home.

(3) Any individual managing the home shall undertake from time to time such training as is appropriate to ensure that he or she has the experience and skills necessary for managing the children’s home.

Notification of offences

10.—(1) Where the registered person or the responsible individual is convicted of any criminal offence, whether in Wales or elsewhere, he or she shall forthwith give notice in writing to the appropriate office of the National Assembly of—

(a) the date and place of the conviction;

(b) the offence of which he or she was convicted; and

(c) the penalty imposed on him or her in respect of the offence.

(2) Where the registered person is charged with any offence in respect of which an order may be made under Part II of the Criminal Justice and Court Services Act 2000 (Protection of Children)(3) he or she shall forthwith give notice in writing to the appropriate office of the National Assembly of the offence charged and the date and place of charge.

(1)

1997 c. 50. Sections 113 and 115, as amended, have not yet been brought into force. See further the footnotes to paragraph 2 of Schedule 2 to these regulations.

(2)

See the footnote to regulation 6(4).

(3)

2000 c. 50.