Legalize / United Kingdom / Statutory-Instrument

The Residential Family Centres Regulations 2002

Type Statutory-Instrument

Publication 2002-12-21

State In force

Department King's Printer of Acts of Parliament

Source legislation.gov.uk

Reform history JSON API PDF

Made: 21st December 2002

Laid before Parliament: 23rd December 2002

Coming into force: 1st April 2003

The Secretary of State for Health, in exercise of the powers conferred upon him by sections 4(6), 22(1), (2)(a) to (d) and (f) to (j), (5)(a) to (c), (7)(a) to (j), 25(l), 34(l), 35(l), and 118(5) to (7) of the Care Standards Act 2000 and all other powers enabling him in that behalf, and having consulted such persons as he considers appropriate, hereby makes the following Regulations:—

PART I — GENERAL

Citation, commencement and application

1

(1) These Regulations may be cited as the Residential Family Centres Regulations 2002 and shall come into force on 1st April 2003.

(2) These Regulations apply to residential family centres in England only.

Interpretation

2

(1) In these Regulations—

“the 2000 Act” means the Care Standards Act 2000;

“the 1989 Act” means the Children Act 1989 ;

“Chief Inspector” means Her Majesty’s Chief Inspector of Education, Children’s Services and Skills;

“child protection enquiry” has the meaning given to it by regulation 12(3)(a);

“family” means a child and his parent accommodated or to be accommodated together in a residential family centre, and the expression “member of the family” shall be construed accordingly;

“general medical practitioner” means a medical practitioner whose name is included in the General Practitioner Register kept by the General Medical Council under section 34C of the Medical Act 1983;

“organisation” means a body corporate or any unincorporated association other than a partnership;

“parent” has the meaning given to it by section 4(2) of the 2000 Act ;

“placement plan” means the plan prepared in accordance with regulation 13;

“placing authority” means, in relation to a family, the local authority or other body that has arranged for the family to be accommodated in a residential family centre;

“registered manager”, in relation to a residential family centre, means a person who is registered under Part II of the Act as the manager of the residential family centre;

“registered person”, in relation to a residential family centre, means any person who is the registered provider or the registered manager of the residential family centre;

“registered provider”, in relation to a residential family centre, means a person who is registered under Part II of the Act as the person carrying on the residential family centre;

“resident” means any person who is for the time being accommodated in a residential family centre;

“responsible individual” shall be construed in accordance with regulation 5; and

“statement of purpose” means the written statement compiled in accordance with regulation 4.

(2) In these Regulations, save where otherwise provided, references to a child do not include a parent accommodated in a residential family centre who is under the age of 18.

(3) In these Regulations, references to employing a person include employing a person whether or not for payment, and whether under a contract of service or a contract for services, and allowing a person to work as a volunteer, and references to an employee or to a person being employed shall be construed accordingly.

Excepted establishments

3

For the purposes of the 2000 Act, an establishment is excepted from being a residential family centre if—

(a) it is a hospital within the meaning of section 275 of the National Health Service Act 2006 or a care home;

(b) it is a hostel or a domestic violence refuge; ...

(ba) the main purpose of the establishment is to provide accommodation together with other services or facilities for families, and the fact that the parents’ capacity to respond to their children’s needs and to safeguard their welfare is monitored or assessed, is incidental to the main purpose of the establishment; or

(c) the main purpose of the establishment is to provide accommodation together with other services or facilities to adults, and the fact that those adults may be parents, or may be accompanied by their children, is incidental to the main purpose of the establishment.

Statement of purpose and resident’s guide

4

(1) The registered person shall compile in relation to the residential family centre a written statement (in these Regulations referred to as “the statement of purpose”) which shall consist of a statement as to the matters listed in Schedule 1.

(2) The registered person shall provide a copy of the statement of purpose to the Chief Inspector and shall make a copy of it available, upon request, for inspection by—

(a) any person who works at the residential family centre;

(b) any resident;

(3) The registered person shall produce a written guide to the residential family centre (“the resident’s guide”) which shall include:

(a) a summary of the statement of purpose;

(b) a summary of the complaints procedure established under regulation 20;

(d) the address and telephone number of the Children’s Rights Director.

(3A) The registered person shall supply a copy of the resident’s guide to:

(a) the Chief Inspector;

(b) each parent accommodated in the residential family centre; and

(4) The registered person shall—

(a) keep under review and where appropriate revise the statement of purpose and resident’s guide; and

(b) notify the Chief Inspector within 28 days of any such revision.

(5) Subject to paragraph (6) the registered person shall ensure that the residential family centre is at all times conducted in a manner which is consistent with its statement of purpose.

(6) Nothing in paragraph (5) or in regulations 14(1) or 21(1) shall require or authorise the registered person to contravene or not comply with—

(a) any other provision of these Regulations; or

(b) the conditions for the time being in force in relation to the registration of the registered person under Part II of the 2000 Act.

PART II — REGISTERED PERSONS

Fitness of registered provider

5

(1) A person shall not carry on a residential family centre unless he is fit to do so.

(2) A person is not fit to carry on a residential family centre unless the person—

(a) is an individual who carries on the residential family centre—

(i) otherwise than in partnership with others, and satisfies the requirements set out in paragraph (3);

(ii) in partnership with others, and he and each of his partners satisfies the requirements set out in paragraph (3);

(b) is a partnership, and each of the partners satisfies the requirements set out in paragraph (3);

(i) the organisation has given notice to the Chief Inspector 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 residential family centre; and

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

(3) The requirements are that—

(a) he is of integrity and good character;

(b) he is physically and mentally fit to carry on the residential family centre; and

(c) he provides in relation to himself, full and satisfactory information in respect of each of the matters listed in Schedule 2.

(4) A person shall not carry on a residential family centre if—

(a) he has been made bankrupt or sequestration of his estate has been awarded or a moratorium period under a debt relief order (within the meaning of section 251A of the Insolvency Act 1986) applies in relation to him and ... he has not been discharged from the bankruptcy or the sequestration and the bankruptcy order has not been annulled or rescinded; or

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

Appointment of manager

6

(1) The registered provider shall appoint an individual to manage a residential family centre if—

(a) there is no registered manager in respect of the residential family centre; and

(b) the registered provider—

(i) is an organisation or a partnership;

(ii) is not a fit person to manage a residential family centre; or

(iii) is not, or does not intend to be, in full-time day to day charge of the residential family centre.

(2) Where the registered provider appoints a person to manage the residential family centre, he shall forthwith give notice to the Chief Inspector of—

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

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

Fitness of manager

7

(1) A person shall not manage a residential family centre unless he is fit to do so.

(2) A person is not fit to manage a residential family centre unless—

(a) he is of integrity and good character;

(b) having regard to the size of the residential family centre, the statement of purpose, and the number and needs of the residents—

(i) he has the qualifications, skills and experience necessary to manage the centre; and

(ii) he is physically and mentally fit to do so;

(c) he provides in relation to himself full and satisfactory information in respect of each of the matters listed in Schedule 2.

Registered person—general requirements

8

(1) The registered provider and the registered manager shall, having regard to the size of the residential family centre, the statement of purpose, and the number and needs of the residents, carry on or manage the centre (as the case may be) with sufficient care, competence and skill.

(2) If the registered provider is—

(a) an individual, he shall undertake;

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

from time to time such training as is appropriate to ensure that he has the skills necessary for carrying on the residential family centre.

(3) The registered manager shall undertake from time to time such training as is appropriate to ensure that he has the skills necessary for managing the residential family centre.

Notification of offences

9

Where the registered person or the responsible individual is convicted of any criminal offence, whether in England and Wales or elsewhere, he shall forthwith give notice in writing to the Chief Inspector of—

(a) the date and place of the conviction;

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

PART III — CONDUCT OF RESIDENTIAL FAMILY CENTRES

Health and welfare of residents

10

(1) The registered person shall use reasonable endeavours to ensure that the residential family centre is conducted so as to—

(a) promote and make proper provision for the health (including physical, mental and emotional health) and welfare of residents;

(b) make such provision for the care, treatment, education and supervision of residents as is appropriate to their age and needs.

(2) The registered person shall, so far as is practicable, ascertain and take into account the wishes and feelings of residents when making decisions concerning their health and welfare, or the manner in which they are treated.

(3) The registered person shall make suitable arrangements to ensure that the residential family centre is conducted—

(a) in a manner which respects the privacy and dignity of residents; and

(b) with due regard to the sex, religious persuasion, racial origin, and cultural and linguistic background and any disability of residents.

(4) In complying with this regulation, the registered person shall, wherever there is a conflict between the interests of the members of a family, treat the welfare of the child in that family as paramount.

Further requirements as to health and welfare

11

(1) The registered person shall make arrangements for residents to have access to such medical advice or treatment as may be necessary.

(2) The registered person shall make arrangements for the recording, handling, safe keeping, safe administration and disposal of medicines received into the residential family centre.

(3) The registered person shall make suitable arrangements to prevent infection, toxic conditions and the spread of infection at the residential family centre.

(4) The registered person shall ensure that—

(a) all parts of the residential family centre to which residents have access are so far as reasonably practicable free from hazards to their safety;

(b) any activities in which residents participate are so far as reasonably practicable free from avoidable risks; and

(5) The registered person shall make arrangements, by training persons working at the residential family centre or by other measures, to prevent residents being harmed or suffering abuse or being placed at risk of harm or abuse.

(6) The registered person shall ensure that no resident is subject to physical restraint unless restraint of the kind employed is the only practicable means of securing the welfare of that or any other resident and there are exceptional circumstances.

(7) On any occasion on which a resident is subject to physical restraint, the registered person shall record the circumstances, including the nature of the restraint.

(8) The registered person shall ensure that persons working at the residential family centre use no form of corporal punishment at any time on any child or parent under the age of 18 who is accommodated in the residential family centre.

Arrangements for the protection of children

12

(1) The registered person shall prepare and implement a written child protection policy which—

(a) is intended to safeguard children accommodated in the residential family centre from abuse or neglect; and

(b) sets out the procedure to be followed in the event of any allegation of abuse or neglect.

(2) The procedure under paragraph (1)(b) must in particular provide for—

(a) liaison and co-operation with any local authority which is making child protection enquiries in relation to any child accommodated in the residential family centre;

(b) the prompt referral to the local authority in whose area the residential family centre is situated, of any allegations of abuse or neglect affecting any child accommodated in the residential family centre;

(c) notification (in accordance with regulation 26) of the instigation and outcome of any child protection enquiries involving any child accommodated in the residential family centre, to the Chief Inspector and the child’s placing authority;

(d) written records to be kept of any allegation of abuse or neglect, and of the action taken in response;

(e) consideration to be given in each case to the measures which may be necessary to protect children in the residential family centre following an allegation of abuse or neglect;

(f) a requirement for persons working at the residential family centre to report any concerns about the welfare or safety of any child accommodated in the residential family centre to one of the following—

(i) the registered person;

(ii) a police officer;

(iii) an officer of the Chief Inspector;

(iv) an officer of the local authority in whose area the residential family centre is situated; or

(v) an officer of the National Society for the Prevention of Cruelty to Children;

(g) arrangements to be made for residents and persons working at the residential family centre, to have access at all times and in an appropriate form, to information which would enable them to contact the local authority in whose area the residential family centre is situated, or the Chief Inspector, concerning the welfare or safety of children accommodated in the residential family centre.

(3) In this regulation—

(a) “child protection enquiries” means any enquiries carried out by a local authority in the exercise of any of its functions conferred by or under the 1989 Act relating to the protection of children; and

(b) “child” also includes any parent who is under the age of 18.

(4) The registered person shall prepare and implement a written policy for the prevention of bullying in the residential family centre which includes, in particular, a procedure for dealing with an allegation of bullying.

Placements

13

(1) The registered person shall, before providing a family with accommodation in the residential family centre, or if that is not reasonably practicable, as soon as possible thereafter, draw up in consultation with the placing authority a written plan (in these Regulations referred to as “the placement plan”) setting out, in particular—

(a) the facilities and services to be provided during the course of the placement;

(b) the objectives and intended outcome of the placement;

(c) an assessment of the risks, if any, which a resident at the residential family centre may present to their own health, safety and welfare or that of other residents or staff at the centre.

(2) The registered person shall keep under review and revise the placement plan as necessary.

Reading this document does not replace reading the official text published on legislation.gov.uk. Contains public sector information licensed under the Open Government Licence v3.0. We assume no responsibility for any inaccuracies arising from the conversion of the original CLML XML to this format.