Legalize / United Kingdom / Statutory-Instrument

The Residential Holiday Schemes for Disabled Children (England) Regulations 2013

Type Statutory-Instrument

Publication 2013-06-05

State In force

Department King's Printer of Acts of Parliament

Source legislation.gov.uk

Reform history JSON API PDF

Made: 5th June 2013

Laid before Parliament: 10th June 2013

Coming into force: 1st July 2013

The Secretary of State, in exercise of the powers conferred upon him by sections 1(4A), 11(4), 12(2), 14(1)(d), 15(3) and (5), 16(1) and (3), 22(1), (2)(a) to (d) and (f) to (j), (5)(a) and (c), (7)(a) to (d) and (g) to (j), 31(7), 35, 42(1), 118(5) to (7) of the Care Standards Act 2000[^f00001], and having consulted such persons as he considers appropriate[^f00002], makes the following Regulations.

PART 1 — General

Citation, commencement and application

1

(1) These Regulations may be cited as the Residential Holiday Schemes for Disabled Children (England) Regulations 2013 and come into force on 1st July 2013.

(2) These Regulations apply in relation to holiday schemes for disabled children carried on in England.

Interpretation

2

(1) In these Regulations—

“the Act” means the Care Standards Act 2000 and, with respect to Part 2 of that Act, means that Part as applied with modifications to holiday schemes for disabled children by the Care Standards Act 2000 (Extension of the Application of Part 2 to Holiday Schemes for Disabled Children) (England) Regulations 2013[^f00003] and by regulation 35;

“child protection enquiry” means an enquiry carried out by a local authority in the exercise of any of their functions conferred by or under the Children Act 1989[^f00004] relating to the protection of children;

“disabled children” means children who are of a description of persons falling within section 3(2) of the Act;

“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[^f00005];

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

“holiday scheme for disabled children” means a scheme which is carried on solely to provide care (other than childcare within the meaning of section 18 of the Childcare Act 2006[^f00006]) and accommodation wholly or mainly for disabled children for a specified period— for the purposes of a holiday; or for recreational, sporting, cultural or educational purposes, and references to a “scheme” are to be construed accordingly;

“organisation”, other than in regulation 14, means a body corporate or any unincorporated association, other than a partnership;

“placing authority” in relation to a child accommodated by a scheme means— in the case of a child who is looked after by a local authority, that local authority; in the case of a child who is not looked after by a local authority, if that child is being provided with accommodation by a voluntary organisation[^f00007], that voluntary organisation; in any other case, the child’s parent;

“registered dental practitioner” means a person registered in the dentists register under section 14 of the Dentists Act 1984[^f00008];

“registered manager” means a person who is registered under Part 2 of the Act as the manager of the scheme;

“registered person” means any person who is the registered provider or the registered manager of the scheme;

“registered provider” means a person who is registered under Part 2 of the Act as the person carrying on the scheme;

“responsible individual” is to be construed in accordance with regulation 5(2)(c);

“specified period” means, in any twelve month period— a period not exceeding 56 days in total; and in relation to any one child, a period of no more than 28 consecutive days;

“statement of purpose” means the statement compiled in accordance with regulation 3(1).

(2) In these Regulations, references to employing a person mean the registered person employing or allowing a person to work for the purposes of the scheme, whether or not for payment, and whether under a contract of service or a contract for services, and references to an employee or to a person being employed are to be construed accordingly.

Statement of purpose

3

(1) The registered person must compile a written statement covering the matters listed in Schedule 1.

(2) The registered person must provide a copy of the statement of purpose to HMCI and, on request, to—

(a) a child accommodated by the scheme;

(b) the parent of a child accommodated by the scheme; or

(3) References in paragraph (2) to a child accommodated by the scheme include a child in respect of whom accommodation by the scheme is being considered.

(4) The registered person must ensure that the scheme is conducted in a manner which is consistent with its statement of purpose.

Review of the statement of purpose

4

The registered person must—

(a) keep the statement of purpose under review; and

(b) notify HMCI of a revision to the statement within 28 days of the date on which the revision is made.

PART 2 — Registered Persons

Fitness of registered provider

5

(1) A person must not carry on a scheme unless that person is fit to do so.

(2) A person is not fit to carry on a scheme unless the person—

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

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

(i) the organisation has given notice to HMCI 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 the carrying on of the scheme; and

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

(3) The requirements are that—

(a) the person is of integrity and good character;

(b) having regard to the size of the scheme, its statement of purpose, and the number and needs of the children accommodated, the person—

(i) has the experience, qualifications and skills necessary for carrying on the scheme;

(ii) is mentally and physically fit to carry on the scheme; and

(4) A person must not carry on a scheme if that person has—

(a) been made bankrupt, or sequestration of that person’s estate has been awarded, or a moratorium period under a debt relief order (within the meaning of section 251A of the Insolvency Act 1986[^f00009]), applies in relation to that person and that person has not been discharged from the bankruptcy or the sequestration and the bankruptcy order has not been annulled or rescinded; or

(b) made a composition or arrangement with a creditor and has not been discharged in respect of it.

Appointment of manager

6

(1) The registered provider must appoint an individual to manage the scheme if the registered provider is—

(a) an organisation or a partnership;

(b) not a fit person to manage the scheme; or

(2) Where the registered provider appoints a person to manage the scheme, the registered provider must give notice without delay to HMCI of—

(a) the name of the person appointed; and

(b) the date on which the appointment took effect.

Fitness of manager

7

(1) A person must not manage a scheme unless that person is fit to do so.

(2) A person is not fit to manage a scheme unless—

(a) that person is of integrity and good character;

(b) having regard to the size of the scheme, its statement of purpose, and the number and needs of the children accommodated, the person—

(i) has the experience, qualifications and skills necessary for managing the scheme; and

(ii) is mentally and physically fit to manage the scheme; and

(c) the information in relation to the person in respect of each of the matters in Schedule 2 is available to the registered provider and HMCI.

Registered person: training requirements

8

(1) If the registered provider is—

(a) an individual, that individual must undertake;

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

from time to time such training as is appropriate to ensure that that person has the experience and skills necessary for carrying on the scheme.

(2) The registered manager must from time to time undertake such training as is appropriate to ensure that that person has the experience and skills necessary for managing the scheme.

Notification of offences

9

Where the registered person or the responsible individual is convicted of a criminal offence, whether in England and Wales or elsewhere, that person must give notice in writing, without delay, to HMCI of—

(a) the date and place of the conviction;

(b) the offence for which they were convicted; and

PART 3 — Conduct of Holiday Schemes for Disabled Children

CHAPTER 1 Welfare of Children

Promotion of welfare

10

(1) The registered person must ensure that the scheme is conducted so as to—

(a) promote and make proper provision for the welfare of children it accommodates; and

(b) make proper provision for the care, supervision and, where appropriate, treatment of those children.

(2) The registered person must make suitable arrangements to ensure that the scheme is conducted—

(a) in a manner which respects the privacy and dignity of children it accommodates;

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

Food provided for children

11

(1) The registered person must ensure that children accommodated by the scheme are provided with—

(a) food which is—

(i) served in adequate quantities and at appropriate intervals;

(ii) properly prepared, wholesome and nutritious; and

(b) access to fresh drinking water at all times.

(2) The registered person must meet any special dietary need of a child accommodated by the scheme, which is due to that child’s health, religious persuasion, racial origin or cultural background.

Contact and access to communications

12

(1) The registered person must ensure that children accommodated by the scheme are provided at all reasonable times with access to the following facilities, which they may use in private, without reference to employees of the scheme or the registered person—

(a) a telephone on which to make and receive calls;

(b) facilities to send and receive post; and

(2) The registered person must ensure that any disabled child accommodated by the scheme is provided with access to such aids and equipment which, as a result of the disability, the child may require in order to facilitate communication with others.

Arrangements for the protection of children

13

(1) The registered person must prepare and implement a written policy which sets out—

(a) how children accommodated by the scheme are to be safeguarded from abuse or neglect; and

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

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

(a) liaison and co-operation with a local authority which is making a child protection enquiry in relation to a child accommodated by the scheme;

(b) the prompt referral to the local authority in whose area the scheme is situated of an allegation of abuse or neglect affecting a child accommodated by the scheme;

(c) notification (in accordance with regulation 26) of the instigation and outcome of a child protection enquiry in relation to a child accommodated by the scheme, to HMCI and the placing authority;

(d) consideration of the measures which may be necessary to protect children accommodated by the scheme following an allegation of abuse or neglect; and

(e) a requirement for employees to report a concern about the safety or welfare of a child provided with accommodation by the scheme to one of the following—

(i) the registered person;

(ii) a police officer;

(iii) an officer of HMCI;

(iv) an officer of the local authority in whose area accommodation is being provided by the scheme;

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

(3) The registered person must prepare and implement—

(a) a written policy for the prevention of bullying of children provided with accommodation by the scheme, which, in particular, sets out the procedure for dealing with an allegation of bullying; and

(b) a procedure to be followed if a child provided with accommodation by the scheme goes missing, having regard to any relevant local authority or police protocols on missing children.

Behaviour management and discipline

14

(1) No measure which is—

(a) excessive;

(b) unreasonable; or

may be used for the control or discipline of children accommodated by the scheme.

(2) The measures are—

(a) corporal punishment;

(b) a punishment involving the consumption or deprivation of food or drink;

(i) a child’s contact with parents, relatives or friends;

(ii) a visit to the child by the child’s parents, relatives or friends; or

(iii) a child’s access to a telephone helpline providing counselling for children;

(d) a requirement that a child wears distinctive or inappropriate clothes;

(e) the use or withholding of medication or medical or dental treatment;

(f) the intentional deprivation of sleep;

(g) the imposition of a financial penalty, other than a requirement for the payment of a reasonable sum (which may be by instalments) by way of reparation;

(h) an intimate physical examination of the child;

(i) the withholding of any aids or equipment needed by a disabled child;

(j) a measure which involves—

(i) a child in the imposition of a measure against another child; or

(ii) the punishment of a group of children for the behaviour of an individual child.

(3) Nothing in this regulation prohibits—

(a) the taking of action by, or in accordance with the instructions of—

(i) a registered medical practitioner; or

(ii) a registered dental practitioner,

which is necessary to protect the child’s health;

(b) the taking of any necessary action to prevent injury to any person or serious damage to property; or

(c) the imposition of a requirement that a child wears distinctive clothing for sporting purposes, or for purposes connected with the child’s education or with any organisation whose members customarily wear uniform in connection with its activities.

Restraint

15

(1) Subject to paragraph (2), a measure of restraint may only be used on a child accommodated by the scheme for the purpose of—

(a) preventing injury to any person; or

(b) preventing serious damage to the property of any person,

and then only where no alternative method of preventing the event specified in sub-paragraphs (a) or (b) is practicable.

(2) Where a measure of restraint is used on a child accommodated by the scheme—

(a) the measure of restraint must be proportionate; and

(b) no more force than is necessary may be used.

Policies and records

16

(1) The registered person must prepare and implement a written policy (in this regulation referred to as the “behaviour management policy”) which sets out—

(a) the measures of control, discipline and restraint which may be used by employees of the scheme with respect to children accommodated by the scheme; and

(b) how appropriate behaviour is to be promoted by the scheme.

(2) The registered person must—

(a) keep the behaviour management policy under review; and

(b) notify HMCI of a revision to the policy within 28 days of the date on which the revision is made.

(3) The registered person must ensure that within 24 hours of the use of a measure of control, discipline or restraint, a written record is made, in a volume kept for the purpose, which must include—

(a) the name of the child concerned;

(b) details of the child’s behaviour leading to the use of the measure;

(d) the date, time and location of the use of the measure;

(e) the name of the person using the measure, and of any other person present during its use;

(f) the effectiveness and any consequences of the use of the measure;

(g) a description of any injury to the child concerned or any other person and any medical treatment administered;

(h) confirmation that the person authorised by the registered person to make the record has spoken to the child concerned and the person using the measure about the use of the measure; and

(i) the signature of the person authorised by the registered person to make the record.

(4) Where a measure of restraint is used on a child, the record under paragraph (3) must include—

(a) the duration of the measure of restraint; and

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