The Children’s Homes (Wales) (Amendment) Regulations 2017

Amendment of the 2002 Regulations

5.  After regulation 29, insert—

Notification with respect to the death of a child accommodated in a secure children’s home

29A.(1) If any child accommodated in a secure children’s home dies, the registered person must without delay notify—

(a)the appropriate office of the registration authority;

(b)the placing authority;

(c)the local authority in whose area the secure children’s home is located;

(d)the health authority in whose area the secure children’s home is located;

(e)the Prisons and Probation Ombudsman for England and Wales (“the PPO”); and

(f)the child’s parent or person who has parental responsibility for the child.

(2) The registered person must allow the PPO to investigate the death by—

(a)granting the PPO access to—

(i)the premises of the home; and

(ii)the home’s documents and records;

(b)allowing the PPO to take away from the premises copies of any documents or records accessed under sub-paragraph (a)(ii) provided that the PPO has secure arrangements for doing so; and

(c)if they consent, allowing the PPO to interview in private any children, parents (or persons with parental responsibility) or relatives, or persons working at the home.

(3) A notification under this regulation—

(a)must include details of—

(i)the circumstances of the death;

(ii)the other persons, bodies or organisations (if any) who or which the registered person has notified or proposes to notify; and

(iii)any actions the registered person has taken or proposes to take as a result of the death;

(b)must be made or confirmed in writing.

(4) In this regulation, references to PPO include a person appointed by, or working on behalf of, the PPO for the purposes of an investigation under paragraph (2).