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The Supported Accommodation (England) Regulations 2023

Type Statutory-Instrument

Publication 2023-04-05

Last updated 2023-10-28

State In force

Department King's Printer of Acts of Parliament

Source legislation.gov.uk

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(3A) In relation to a notification under section 30A(2)(aa) (decision to adopt a proposal to suspend the registration of P or to extend any such suspension) or (ab) (notice under section 20B of the Act to suspend the registration of P or to extend any such suspension, or to vary or remove a condition for the time being in force in relation to the registration of P, or to impose an additional condition, where P is managing or carrying on a supported accommodation undertaking) of the Act, the date from which the suspension takes effect and the date on which the suspension ends. (3B) In relation to a notification under section 30A(2)(ab) of the Act, where the notice relates to the variation or removal of a condition for the time being in force in relation to the registration of P, or imposes an additional condition, where P is managing or carrying on a supported accommodation undertaking, a description of the condition and the date on which the decision under section 20B(3) of the Act takes effect.

(e) for paragraph (4), substitute—

(4) In relation to a notification under section 30A(2)(c) of the Act (notice under section 22B of the Act restricting accommodation at certain establishments)— (a) the date on which the notice is to cease to have effect if specified in the notice; (b) where the notification relates to a supported accommodation undertaking, the addresses of the premises at which accommodation is restricted.

(3) In regulation 4 (notification of prescribed circumstances under section 30A(3) of the Act)—

(a) after paragraph (2), insert—

(2A) In relation to a notice served on P under section 19(3) of the Act (notice of decision of registration authority) to suspend the registration or extend the period of suspension— (a) an appeal by P to the Tribunal against that notice; (b) the decision of the Tribunal on an appeal by P against that notice; and (c) where no appeal is brought by P. (2B) In relation to a notice served on P under section 20B of the Act (urgent procedure for suspension or variation) to suspend or vary the registration or to add a condition to or remove a condition from the registration— (a) if that notice ceases to have effect; (b) an appeal by P to the Tribunal against that notice; and (c) the decision of the Tribunal on an appeal by P against that notice.

(b) in paragraph (4)(c), at the end insert “or direct that the notice ceases to have effect”.

Complaints and representations

31

(1) Subject to paragraph (6), the registered person must establish a procedure for considering complaints and representations made by or on behalf of children.

(2) In particular, the procedure must provide that no person who is the subject of a complaint or representation takes any part in its consideration or investigation, except at the informal resolution stage if the registered person considers it appropriate.

(3) The registered person must ensure that a record is made of any complaint or representation, the action taken in response, and the outcome of any investigation.

(4) The registered person must ensure that no child is subject to any reprisal or detriment for making a complaint or representation.

(5) The registered person must provide to the CIECSS upon request a statement containing a summary of any complaints or representations made during the 12 months preceding the date of the request and the action that was taken in response to each complaint or representation.

(6) This regulation (with the exception of paragraph (4)) does not apply to any matter to which the Children Act 1989 Representations Procedure (England) Regulations 2006²⁶ apply.

PART 7 — Reviewing and monitoring supported accommodation undertakings

Quality of support review

32

(1) The registered person must maintain a system for monitoring and improving the quality of support provided by the supported accommodation undertaking by completing a review (“a quality of support review”) at least once every six months, which must take into account—

(a) the views of children, including any feedback and complaints received;

(b) feedback from individual children on the impact the supported accommodation has had on the child’s life, especially regarding how well prepared the child felt for transition into supported accommodation and how well prepared the child feels for transition out of supported accommodation;

(d) any relevant research and developments in relation to the way in which the needs of children are best met.

(2) After completing a quality of support review, the registered person must produce a written report setting out the actions the registered person intends to take as a result of that quality of support review.

(3) The registered person must provide a copy of the review report to the CIECSS within 28 days beginning with the day on which the report is completed, and make a copy of it available on request to each child’s accommodating authority.

Absence of registered service manager

33

(1) If the registered service manager proposes to be absent from the supported accommodation undertaking for a continuous period of 28 days or more, the registered provider must—

(a) give notice in writing to the CIECSS of the proposed absence, and

(b) ensure that appropriate arrangements are made to ensure that there is limited disruption to the service provided during the period of absence.

(2) Except in the case of an emergency or unforeseen absence, a notice under paragraph (1)(a) must—

(a) be given no later than one month before the proposed absence commences, or within such shorter period as may be agreed with the CIECSS, and

(b) specify with respect to the proposed absence—

(i) its length or expected length;

(ii) the reason for it;

(iii) the arrangements which have been made under paragraph 1(b) for the management of the supported accommodation undertaking during the absence;

(iv) the name, address, qualifications and experience of the person who will be responsible for the supported accommodation undertaking during the absence;

(v) the arrangements that have been, or are proposed to be, made for appointing another person to manage the supported accommodation undertaking during the absence, including the proposed date by which the appointment is to be made.

(3) If the absence in paragraph (1) arises as a result of an emergency or is unforeseen, the registered provider must—

(a) give notice of the absence—

(i) within one week of the beginning of the absence;

(ii) specifying the matters in paragraph (2)(b), and

(b) ensure that appropriate arrangements are made to ensure that there is limited disruption to the service provided during the period of absence.

(4) If the notice required under paragraph (2) or (3) has not been given as required, it must be given without delay.

(5) The registered provider must notify the CIECSS of the return to duty of the registered service manager not later than seven days after the date of the registered service manager’s return.

Notice of changes

34

(1) The registered person must give notice in writing to the CIECSS, as soon as it is reasonably practicable to do so, if any of the following events take place or are expected by the registered person to take place—

(a) a person other than the registered person carries on or manages the supported accommodation undertaking;

(b) a person ceases to carry on or manage the supported accommodation undertaking;

(i) the individual’s name changes;

(ii) a trustee in bankruptcy is appointed;

(iii) the individual makes a composition or arrangement with the individual’s creditors;

(d) if the registered provider is a partnership, any change in the membership of the partnership;

(e) if the registered provider is an organisation—

(i) the organisation’s name or address changes;

(ii) any change of director, manager, secretary or other similar officer of the organisation;

(iii) any change in the identity of the nominated individual;

(f) if the registered provider is a company—

(i) any change in ownership of the company;

(ii) a liquidator or a provisional liquidator, a manager or a receiver is appointed;

(g) the premises of the supported accommodation undertaking are significantly altered or extended, or additional premises are acquired for use as supported accommodation.

(2) If premises are no longer used, or intended to be available for use, as supported accommodation by the supported accommodation undertaking, the registered person must give notice in writing to the CIECSS no later than 10 working days after the registered person becomes aware of the decision to cease use of the premises.

(3) Where additional premises are acquired, commissioned or arranged, or the supported accommodation undertaking intends to acquire, commission or arrange additional premises, and the supported accommodation undertaking intends to provide supported accommodation at those premises, the registered person must give notice in writing to the CIECSS as soon as it is reasonably practicable to do so, of the following—

(a) the address of the additional premises;

(b) the characteristics of the children for whom it is intended the supported accommodation undertaking will provide accommodation at the premises, including the age range, number and sex of the children;

(4) The registered person must give notice in writing to the CIECSS within 72 hours of the supported accommodation undertaking—

(a) accommodating a child for the first time in any premises which were not referred to in the registered person’s application for registration;

(b) accommodating a child in premises for the first time after the premises are brought back into use, after the undertaking temporarily ceased to use the premises as supported accommodation.

Financial position

35

(1) The registered provider must carry on the supported accommodation undertaking in a manner which is likely to ensure that it will be financially viable for the purpose of achieving the aims and objectives set out in the statement of purpose.

(2) The registered person must—

(a) ensure that adequate financial records are maintained and kept up to date in respect of the supported accommodation undertaking, and

(b) provide a copy of the financial records and most recent accounts to the CIECSS upon request.

(3) The registered person must provide the CIECSS with such information as the CIECSS may reasonably require for the purpose of considering the financial viability of the supported accommodation undertaking, including—

(a) the annual accounts of the supported accommodation undertaking certified by an accountant;

(b) information as to the financing and financial resources of the supported accommodation undertaking and the registered provider;

(d) a certificate of insurance for the registered provider in respect of liability which may be incurred by the registered provider—

(i) in relation to the supported accommodation undertaking, and

(ii) all premises used as supported accommodation by the undertaking,

in respect of damage, death, injury, public liability and other loss.

(4) For the purposes of this regulation, a company is an associated company of another company if one of the companies has control of the other company or both companies are under the control of the same person.

PART 8 — Prohibition on placing a child in unregistered supported accommodation

Amendments to the Care Planning, Placement and Case Review (England) Regulations 2010

36

(1) The Care Planning, Placement and Case Review (England) Regulations 2010 are amended as follows.

(2) In regulation 27 (general duties of the responsible authority when placing a child in other arrangements), for sub-paragraph (a) substitute—

(a) be satisfied that the accommodation is suitable for C and— (i) where that accommodation is specified in regulation 27C(1)(a), must have regard to the matters set out in Schedule 6, and (ii) where that accommodation is specified in regulation 27A or 27C(1)(b), must have regard to the matters set out in paragraph 2(a) of Schedule 6,

(3) After regulation 27B (exception to the prohibition on placing a child under 16 in other arrangements), insert—

(27C) (1) A responsible authority may only place a child who is 16 or 17 years old in accommodation in accordance with other arrangements under section 22C(6)(d), where the accommodation— (a) is supported accommodation, as defined in regulation 2 of the Care Standards Act 2000 (Extension of the Application of Part 2 to Supported Accommodation) (England) Regulations 2022, that is provided by a supported accommodation undertaking— (i) in respect of which a person is registered under Part 2 of the Care Standards Act 2000, or (ii) where regulation 44 of the Supported Accommodation (England) Regulations 2023 applies to the person carrying on the undertaking, or (b) is excepted accommodation. (2) Excepted accommodation is accommodation— (a) in relation to placements in England— (i) in a care home as defined in section 3 of the Care Standards Act 2000²⁷; (ii) in an institution within the further education sector as defined in section 91(3) of the Further and Higher Education Act 1992²⁸; (iii) in a 16 to 19 Academy as defined in section 1B of the Academies Act 2010²⁹; (iv) in a hospital as defined in section 275(1) of the National Health Service Act 2006³⁰; (v) in a residential family centre as defined in section 4(2) of the Care Standards Act 2000³¹; (vi) in a school within the meaning of section 4 of the Education Act 1996³² providing accommodation that is not registered as a children’s home; (vii) in an establishment that provides care and accommodation for children as a residential holiday scheme for disabled children as defined in regulation 2(1) of the Residential Holiday Schemes for Disabled Children (England) Regulations 2013³³; (b) in relation to placements in Wales— (i) provided by a care home service within the meaning of paragraph 1(1) of Schedule 1 to the Regulation and Inspection of Social Care (Wales) Act 2016³⁴ (“the RISCWA 2016”); (ii) in a hospital as defined in section 206(1) of the National Health Service (Wales) Act 2006³⁵; (iii) provided by a residential family centre service within the meaning of paragraph 3(1) of Schedule 1 to the RISCWA 2016; (iv) in a school within the meaning of section 4 of the Education Act 1996 providing accommodation together with nursing or care that does not constitute a care home service; (v) provided by an institution within the further education sector, as defined in section 91(3) of the Further and Higher Education Act 1992 providing accommodation and care that does not constitute a care home service; (c) in relation to placements in Scotland— (i) in a residential establishment within the meaning of paragraph (a) of the definition in section 93(1) of the Children (Scotland) Act 1995³⁶; (ii) provided by the Scottish public fostering service within the meaning of paragraph 10(a) of Schedule 12 to the Public Services Reform (Scotland) Act 2010³⁷ (“the PSR(S)A 2010”); (iii) provided by a care home service within the meaning of paragraph 2 of Schedule 12 to the PSR(S)A 2010; (iv) provided by a school care accommodation service within the meaning given by or under paragraph 3 of Schedule 12 to the PSR(S)A 2010; (v) in a hospital as defined in section 108(1) of the National Health Service (Scotland) Act 1978³⁸; (vi) in an establishment that provides fundable further education or fundable higher education, as defined in section 5 of the Further and Higher Education (Scotland) Act 2005³⁹.

Amendments to the Care Leavers (England) Regulations 2010

37

(1) The Care Leavers (England) Regulations 2010⁴⁰ are amended as follows.

(2) In regulation 9 (support and accommodation)—

(a) in paragraph (2), from “means accommodation” to the end of sub-paragraph (c)(ii), substitute—

means accommodation which is— (a) in relation to accommodation in England— (i) supported accommodation, as defined in regulation 2 of the Care Standards Act 2000 (Extension of the Application of Part 2 to Supported Accommodation) (England) Regulations 2022, that is provided by a supported accommodation undertaking in respect of which a person is registered under Part 2 of the Care Standards Act 2000, or where regulation 44 of the Supported Accommodation (England) Regulations 2023 applies to the person carrying on the undertaking, (ii) in a care home, (iii) in an institution within the further education sector as defined in section 91(3) of the Further and Higher Education Act 1992, (iv) in a residential family centre as defined in section 4(2) of the Care Standards Act 2000, (v) in a 16-19 Academy as defined in section 1B of the Academies Act 2010, (vi) in a school within the meaning of section 4 of the Education Act 1996 providing accommodation that is not registered as a children’s home, (vii) in an establishment that provides care and accommodation for children as a residential holiday scheme for disabled children as defined in regulation 2(1) of the Residential Holiday Schemes for Disabled Children (England) Regulations 2013, or (b) in relation to accommodation in Wales— (i) provided by a care home service, within the meaning of paragraph 1 of Schedule 1 to the Regulation and Inspection of Social Care (Wales) Act 2016 (“the RISCWA 2016”), (ii) in a hospital as defined in section 206(1) of the National Health Service (Wales) Act 2006, (iii) provided by a residential family centre service, within the meaning of paragraph 3(1) of Schedule 1 to the RISCWA 2016, (iv) in a school within the meaning of section 4 of the Education Act 1996 providing accommodation together with nursing or care that does not constitute a care home service, (v) provided by an institution within the further education sector, within the meaning of section 91(3) of the Further and Higher Education Act 1992 providing accommodation and care that does not constitute a care home service, or (c) in relation to accommodation in Scotland— (i) provided by a school care accommodation service, within the meaning given by or under paragraph 3 of Schedule 12 to the Public Services Reform (Scotland) Act 2010 (“the PSR(S)A 2010”), (ii) in a residential establishment, within the meaning of paragraph (a) of the definition in section 93(1) of the Children (Scotland) Act 1995, (iii) provided by a care home service, within the meaning of paragraph 2 of Schedule 12 to the PSR(S)A 2010, (iv) in an establishment providing fundable further education or fundable higher education, as defined in section 5 of the Further and Higher Education (Scotland) Act 2005, and (d) where the accommodation falls under sub-paragraph (a)(i)— (i) so far as reasonably practicable, is suitable for the relevant child in the light of their needs, including any health needs and any needs arising from any disability, (ii) in respect of which the responsible authority has satisfied itself as to the suitability of the supported accommodation undertaking, and (iii) in respect of which the responsible authority has, so far as reasonably practicable, taken into account the relevant child’s wishes and feelings, and their education, training or employment needs, or (e) where the accommodation falls under any of sub-paragraphs (a)(ii) to (vii), (b) or (c)— (i) so far as reasonably practicable, is suitable for the relevant child in the light of their needs, including any health needs and any needs arising from any disability, and (ii) in respect of which the responsible authority has, so far as reasonably practicable, taken into account the relevant child’s wishes and feelings, and their education, training or employment needs.

(b) for paragraph (3), substitute—

(3) In determining whether accommodation is suitable for a relevant child, the responsible authority must have regard to— (a) for the purposes of determining the suitability under paragraph (2)(d)(i), the matters set out in Schedule 2, and (b) for the purposes of determining the suitability under paragraph (2)(e)(i), the matters set out in paragraph 2(a) of Schedule 2.

PART 9 — Further amendments

Amendments to the Disqualification from Caring for Children (England) Regulations 2002

38

(1) The Disqualification from Caring for Children (England) Regulations 2002⁴¹ are amended as follows.

(2) In regulation 1(2)—

(a) at the end of the definition of “the Act”, delete “and”;

(b) after the definition of “the 2000 Act”, insert—

“supported accommodation undertaking” has the same meaning as in regulation 2 of the Care Standards Act 2000 (Extension of the Application of Part 2 to Supported Accommodation) (England) Regulations 2022.

(3) In regulation 2(7) (grounds for disqualification)—

(a) in sub-paragraph (b), omit “or”;

(b) after sub-paragraph (c), insert—

(d) who has been refused registration in respect of a supported accommodation undertaking under section 13 of the 2000 Act; (e) whose registration in respect of a supported accommodation undertaking has been cancelled under section 14 or 20(1) of the 2000 Act; or (f) who has been concerned in the management of, or had any financial interest in, a supported accommodation undertaking in respect of which the registration of any person has been cancelled under section 14 or 20(1) of the 2000 Act.

(4) In paragraph 1 of the Schedule (specified offences), after sub-paragraph (3), insert—

(4) An offence in relation to a supported accommodation undertaking under or by virtue of any of the following provisions of the 2000 Act— (a) section 11(1) (failure to register); (b) section 24 (failure to comply with conditions); (c) section 26 (false descriptions of establishments and agencies); or (d) section 27 (false statements in applications).

Amendments to the Her Majesty’s Chief Inspector of Education, Children’s Services and Skills (Fees and Frequency of Inspections) (Children’s Homes etc.) Regulations 2015

39

(1) The Her Majesty’s Chief Inspector of Education, Children’s Services and Skills (Fees and Frequency of Inspections) (Children’s Homes etc.) Regulations 2015⁴² are amended as follows.

(2) In regulation 2 (interpretation)—

(a) in the definition of “approved place”, after paragraph (b), insert—

in relation to a supported accommodation undertaking, premises at which supported accommodation is to be provided by the undertaking;

(b) after the definition of “holiday scheme for disabled children”, insert—

“large supported accommodation undertaking” means a supported accommodation undertaking which has 10 or more approved places;

“small supported accommodation undertaking” means a supported accommodation undertaking which has fewer than 10 approved places;

(d) at the end insert—

“supported accommodation” has the same meaning as in regulation 2 of the Care Standards Act 2000 (Extension of the Application of Part 2 to Supported Accommodation) (England) Regulations 2022;

“supported accommodation undertaking” has the same meaning as in regulation 2 of the Care Standards Act 2000 (Extension of the Application of Part 2 to Supported Accommodation) (England) Regulations 2022.

(3) After regulation 9 (holiday schemes for disabled children), insert—

(9A) (1) Where the application is for registration as the person who carries on a small supported accommodation undertaking, the fee is £3,600. (2) Where the application is for registration as the person who carries on a large supported accommodation undertaking, the fee is £4,600. (3) Where the application is for registration as the individual who manages a supported accommodation undertaking, the fee is £900.

(4) After regulation 16 (fostering agencies), insert—

(16A) (1) Where the application relates to a supported accommodation undertaking, the fee, subject to paragraph (2), is £910. (2) In the case of an application for a minor variation, the fee is £176.

Amendments to the 2022 Regulations

40

(1) The 2022 Regulations are amended as follows.

(2) In regulation 3(2) (application of Part 2 of the Act to persons carrying on or managing supported accommodation undertakings), omit sub-paragraph (h).

(3) In the Schedule (modifications to Part 2 of the Act)—

(a) in paragraph 1, in the opening words, omit “insofar as they apply to paragraph (d)”;

(b) in paragraph 3(a), omit “insofar as they apply to that paragraph”;

PART 10 — Miscellaneous

Appointment of liquidators etc.

41

(1) This regulation applies to a person appointed (“the appointed person”) as—

(a) the manager or receiver of the property of a company or partnership which is the registered provider of a supported accommodation undertaking,

(b) a liquidator or provisional liquidator of a company or partnership which is the registered provider of a supported accommodation undertaking, or

(2) The appointed person must—

(a) have regard to children’s welfare when acting in relation to the operation of the supported accommodation undertaking and its future,

(b) without delay, notify the CIECSS of the appointed person’s appointment and the reasons for it,

(d) not more than 28 days after the appointed person’s appointment, notify the CIECSS of the appointed person’s intentions regarding the future operation of the supported accommodation undertaking.

Death of a registered person

42

(1) Where—

(a) more than one person is registered in respect of a supported accommodation undertaking, and

(b) a registered person dies,

the other registered person must notify the CIECSS of the death in writing without delay.

(2) If only one person is registered in respect of a supported accommodation undertaking, and that person dies, that person’s personal representatives must notify the CIECSS in writing—

(a) without delay, of the death, and

(b) within 28 days, of their intentions regarding the future running of the supported accommodation undertaking.

(3) The personal representatives of a deceased registered provider—

(a) may carry on the supported accommodation undertaking without being registered in respect of it—

(i) for a period not exceeding 28 days,

(ii) for such further period as may be determined in accordance with paragraph (4),

(b) must appoint a person to be registered as the registered service manager, and

(c) must have regard to children’s welfare when acting in relation to the operation of the supported accommodation undertaking and its future.

(4) The CIECSS—

(a) may extend the period in paragraph (3)(a)(i) by such further period, not exceeding one year, as the CIECSS may determine, and

(b) must notify any such determination to the personal representatives in writing.

Application of Part 2 of the Care Standards Act 2000 to persons carrying on or managing supported accommodation undertakings

43

(1) The provisions of Part 2, other than sections 11, 20A, 25, 26, 28, 30ZA, 30ZB, 36A and 38 to 41, of the Care Standards Act 2000, insofar as the provisions of that Part apply to England and are not already applied by the 2022 Regulations, apply to persons carrying on or managing supported accommodation undertakings and, where relevant, with the modifications specified in Schedule 4.

(2) Sections 11 and 26 of the Care Standards Act 2000, insofar as they apply to England and are not already applied by the 2022 Regulations, apply to persons carrying on or managing supported accommodation undertakings and, where relevant, with the modifications specified in Schedule 5.

Transitional provisions

44

(1) This paragraph applies where, by the end of 27th October 2023, a person has submitted to the CIECSS a complete application for registration as a supported accommodation undertaking and that application has not been withdrawn or returned by the CIECSS.

(2) Where paragraph (1) applies, the person does not commit an offence under section 11 of the Care Standards Act 2000⁴³—

(a) where the registration is granted, either unconditionally or subject to conditions agreed in writing between the person and the CIECSS, until such time as the written notice of the decision to grant registration under section 19(1) of the Care Standards Act 2000 is served;

(b) where the CIECSS proposes to grant the application subject to conditions which have not been agreed between it and the person, and a written notice of the decision to adopt a proposal under section 17 of the Care Standards Act 2000⁴⁴ is served under section 19(3) of that Act, until such time as—

(i) where the person appeals the proposal, the appeal is determined or withdrawn, or

(ii) where the person does not appeal, 28 days after the day on which the notice is served, or

(iii) where the person does not appeal and before the expiry of 28 days after the day on which the notice is served, the person gives the CIECSS written notice that they do not intend to appeal;

(3) In this regulation a “complete application for registration as a supported accommodation undertaking” means an application—

(a) that has been made in accordance with the requirements set out in the Care Standards Act 2000 (Registration) (England) Regulations 2010;

(b) that is accompanied by the relevant fee as set out in the Her Majesty’s Chief Inspector of Education, Children’s Services and Skills (Fees and Frequency of Inspections) (Children’s Homes etc.) Regulations 2015.

SCHEDULE 1 — Information required in respect of persons seeking to register in respect of, or to work for, a supported accommodation undertaking

1

Proof of identity, including a recent photograph.

2

Either—

(a) where the position falls within regulation 5A of the Police Act 1997 (Criminal Records) Regulations 2002⁴⁵, an enhanced criminal record certificate issued under section 113B of the Police Act 1997⁴⁶ which includes, where applicable—

(i) suitability information relating to children (within the meaning given in section 113BA(2) of the Police Act 1997⁴⁷), or

(ii) suitability information relating to vulnerable adults (within the meaning given in section 113BB(2) of the Police Act 1997⁴⁸) or

(iii) as the case may be, both (i) and (ii), or

(b) in any other case, a criminal record certificate issued under section 113A of the Police Act 1997⁴⁹.

3

Two written references, including a reference from the person’s most recent employer, if any.

4

If a person has previously worked in a position involving work with children or vulnerable adults, verification so far as reasonably practicable of the reason why the employment or position ended.

5

Documentary evidence of any qualifications which the person considers relevant for the position for which they are applying to register.

6

A full employment history, together with a satisfactory explanation of any gaps in employment, in writing.

SCHEDULE 2 — Information and documents to be included in each child’s case records

Personal details in relation to the child

1

The child’s name and any name by which the child has previously been known, other than a name used by the child prior to adoption.

2

The child’s date of birth and sex.

3

The child’s religion, if any.

4

The child’s ethnicity, and the child’s cultural and linguistic background.

5

The child’s address immediately before being admitted to the supported accommodation.

6

The address, and the type of accommodation, to which the child is to go when the child is discharged from the supported accommodation.

7

The dates on which any money or valuables are deposited by or on behalf of the child for safekeeping, the amount of money or a description of the valuables, and the dates on which any money is withdrawn, and any valuables are returned.

8

The statutory provision under which the child is accommodated in the supported accommodation.

Contact details of certain persons in relation to the child

9

The name of an individual who may be contacted at, and the address and telephone number of, the accommodating authority.

10

The name, address, telephone number and the religion, if any, of the child’s parents.

11

The name, address and telephone number of any social worker assigned to the child by the accommodating authority.

12

If the child attends a school or college—

(a) the name, address and telephone number of the school or college, and

(b) if the school has a member of staff who has been designated by its governing body under section 20(1) of the Children and Young Persons Act 2008⁵⁰, the name and telephone number of the designated member of staff.

13

The name, address and telephone number of any employer of the child.

Information relating to the care, protection or safety of the child

14

The date and circumstances of all incidents where a child goes missing from the premises used as supported accommodation, including any information relating to the child’s whereabouts during the period of absence.

15

The date and circumstances of any measure of restraint used in relation to the child.

16

Arrangements for, and any restrictions on, contact between the child, the child’s parents, and any other person.

Plans or reports relating to the child

17

A copy of any statement of special educational needs in relation to the child.

18

Every school or college report received in respect of the child while the child is accommodated by the supported accommodation undertaking.

19

A copy of any relevant plan for the child.

20

The date and result of any review of any relevant plan for the child.

Health matters in relation to the child

21

The name of the general medical practitioner with whom the child is a registered patient, the address of the premises at which the child’s primary medical services are usually provided and the name and address of the child’s registered dental practitioner.

22

Details of any accident involving the child or serious illness the child has had while accommodated by the supported accommodation undertaking.

23

Details of any immunisation, allergy, or medical examination of the child and of any medical or dental need or treatment of the child.

24

Details of any health examination or developmental test conducted with respect to the child at, or in connection with, the child’s school or college.

25

Details of any medicines kept for the child at the premises used as supported accommodation, including details of—

(a) any medicines which the child is permitted to self-administer;

(b) the administration of any medicine to the child;

26

Any special dietary or health needs of the child.

SCHEDULE 3 — Other records with respect to supported accommodation undertakings

Register of children

1

A record in the form of a register showing in respect of each child—

(a) the date of the child’s admission to the premises used as supported accommodation,

(b) the date on which the child ceased to be accommodated in the premises,

(d) the child’s address on leaving the premises,

(e) the child’s accommodating authority, and

(f) the statutory provision under which the child is accommodated.

Persons working in premises used as supported accommodation

2

A record showing in respect of each person working at each of the premises used as supported accommodation—

(a) the person’s full name,

(b) the person’s sex,

(d) the person’s home address,

(e) the person’s qualifications relevant to, and experience of, work involving children,

(f) whether the person works at the premises full-time or part-time (whether paid or not), and if part-time, the average number of hours worked per week, and

(g) whether the person resides at the premises.

SCHEDULE 4 — Modifications to Part 2, other than sections 11 and 26, of the Care Standards Act 2000

Modification of section 12 (application for registration)

1

In section 12—

(a) in subsections (1) and (2), the references to “the registration authority”, in respect of a supported accommodation undertaking, are to be read as references to the CIECSS;

(b) in subsection (3), the reference to “the manager of an establishment or agency”, in respect of a supported accommodation undertaking, is to be read as a reference to the registered service manager of a supported accommodation undertaking;

(c) in subsection (4), the reference to “more than one establishment or agency” is to be read as a reference to more than one supported accommodation undertaking.

Modification of section 13 (grant or refusal of registration)

2

In section 13—

(a) in subsection (1), the reference to “an establishment or agency” is to be read as a reference to a supported accommodation undertaking;

(b) in subsections (2), (3), (4) and (5), the references to “the registration authority”, in respect of a supported accommodation undertaking, are to be read as references to the CIECSS;

(c) in subsection (2), the reference to “the establishment or agency” is to be read as a reference to the supported accommodation undertaking.

Modification of section 14 (cancellation of registration)

3

In section 14—

(a) in subsection (1), in paragraphs (b), (c) and (ca)(i), the references to “the establishment or agency” are to be read as references to the supported accommodation undertaking;

(b) in subsection (3), the reference to “the registration authority”, in respect of a supported accommodation undertaking, is to be read as a reference to the CIECSS.

Modification of section 14A (suspension of registration)

4

In section 14A—

(a) in subsections (1) and (2), the references to “the registration authority”, in respect of a supported accommodation undertaking, are to be read as references to the CIECSS;

(b) in subsection (1), the reference to “an establishment or agency” is to be read as a reference to a supported accommodation undertaking;

(c) in subsection (2), the reference to “the establishment or agency” is to be read as a reference to the supported accommodation undertaking.

Modification of section 15 (applications by registered persons)

5

In section 15, in subsections (1), (2), (4) and (4A), the references to “the registration authority”, in respect of a supported accommodation undertaking, are to be read as references to the CIECSS.

Modification of section 16 (regulations about registration)

6

Section 16 is to be read as if subsection (2) were omitted.

Modification of section 17 (notice of proposals)

7

In section 17—

(a) in subsections (1) and (4), the references to “an establishment or agency” are to be read as references to a supported accommodation undertaking;

(b) in subsections (2), (3), (4) and (5), the references to “the registration authority”, in respect of a supported accommodation undertaking, are to be read as references to the CIECSS;

(c) in subsection (6), the reference to “the registration authority’s reasons”, in respect of a supported accommodation undertaking, is to be read as a reference to the CIECSS’s reasons.

Modification of section 18 (right to make representations)

8

In section 18, the references to “the registration authority”, in respect of a supported accommodation undertaking, are to be read as references to the CIECSS.

Modification of section 19 (notice of decisions)

9

In section 19—

(a) in subsections (1), (3), (5) and (6), the references to “the registration authority”, in respect of a supported accommodation undertaking, are to be read as references to the CIECSS;

(b) in subsection (1), the reference to “an establishment or agency” is to be read as a reference to a supported accommodation undertaking.

Modification of section 20 (urgent procedure for cancellation, variation etc: England)

10

In section 20—

(a) in subsection (1), the reference to “an establishment or agency for which the CIECSS is the registration authority” is to be read as a reference to a supported accommodation undertaking;

(b) in subsections (1), (5) and (6), the references to “the establishment or agency” are to be read as references to the supported accommodation undertaking.

Modification of section 20B (urgent procedure for suspension or variation etc)

11

In section 20B—

(a) in subsection (1), the reference to “an establishment or agency” is to be read as a reference to a supported accommodation undertaking;

(b) in subsections (1) and (2), the references to “the registration authority”, in respect of a supported accommodation undertaking, are to be read as references to the CIECSS;

(c) in subsection (2), the reference to “the establishment or agency” is to be read as a reference to the supported accommodation undertaking;

(d) in subsection (4), the reference to “the registration authority’s reasons”, in respect of a supported accommodation undertaking, is to be read as a reference to the CIECSS’s reasons.

Modification of section 21 (appeals to the Tribunal)

12

In section 21—

(a) in subsections (1) and (3), the references to “the registration authority”, in respect of a supported accommodation undertaking, are to be read as references to the CIECSS;

(b) in subsection (4C), the reference to “the same establishment” is to be read as a reference to the same supported accommodation undertaking;

(c) in subsection (5), the references to “the establishment or agency” are to be read as references to the supported accommodation undertaking;

(d) subsection (6) is to be read as if it were omitted.

Modification of section 22 (regulation of establishments and agencies)

13

In section 22—

(a) the following are to be read as if they were omitted—

(i) subsection (1)(b);

(ii) subsection (2)(e);

(iii) subsection (5)(b);

(iv) subsection (6);

(v) subsection (7)(k) and (l);

(vi) subsection (8)(a) and (b);

(vii) subsection (11);

(b) in subsection (7)(e), (f) and (g), the references to “the manager”, in respect of a supported accommodation undertaking, are to be read as references to the registered service manager.

Modification of section 22A (power of CIECSS to serve notice where person is failing to comply with regulations)

14

In section 22A—

(a) in subsection (1), the reference to “a relevant establishment or agency” is to be read as a reference to a relevant supported accommodation undertaking;

(b) in subsections (1) and (3), the references to “that establishment or agency” are to be read as references to that supported accommodation undertaking;

(c) in subsection (3), the reference to “the establishment or agency” is to be read as a reference to the supported accommodation undertaking;

(d) in subsection (6), the reference to “an establishment or agency” is to be read as a reference to a supported accommodation undertaking.

Modification of section 22B (notice restricting accommodation at certain establishments)

15

In section 22B—

(a) in subsections (1), (4), (5) and (6), the references to “the registration authority”, in respect of a supported accommodation undertaking, are to be read as references to the CIECSS;

(b) in subsection (1)—

(i) the reference to “an establishment” is to be read as a reference to a supported accommodation undertaking;

(ii) the reference to “that establishment” is to be read as a reference to that supported accommodation undertaking or, where relevant, premises at which that supported accommodation undertaking provides supported accommodation;

(c) in subsection (2), the reference to “accommodated at the establishment” is to be read as a reference to accommodated by the supported accommodation undertaking or, where relevant, accommodated in premises at which the supported accommodation undertaking provides supported accommodation;

(d) in subsection (3), the reference to “the establishment” is to be read as a reference to the supported accommodation undertaking or, where relevant, the premises at which the supported accommodation undertaking provides supported accommodation;

(e) in subsection (5), the reference to “the establishment” is to be read as a reference to the supported accommodation undertaking;

(f) in subsection (8), the list of establishments is to be read as including supported accommodation undertakings.

Modification of section 23 (national minimum standards)

16

In section 23—

(a) subsection (1ZA) is be read as if it were omitted;

(b) in subsection (4), the references to “the registration authority”, in respect of a supported accommodation undertaking, are to be read as references to the CIECSS.

Modification of section 24 (failure to comply with conditions)

17

In section 24—

(a) the reference to “an establishment or agency” is to be read as a reference to a supported accommodation undertaking;

(b) the reference to “the establishment or agency” is to be read as a reference to the supported accommodation undertaking.

Modification of section 24A (offences relating to suspension)

18

In section 24A(1)—

(a) the reference to “an establishment or agency” is to be read as a reference to a supported accommodation undertaking;

(b) the reference to “the establishment or agency” is to be read as a reference to the supported accommodation undertaking.

Modification of section 29 (proceedings for offences)

19

Section 29(3) is to be read as if paragraph (a) were omitted.

Modification of section 30A (notification of matters relating to persons carrying on or managing certain establishments or agencies)

20

In section 30A—

(a) in subsections (2) and (3), the references to “the registration authority”, in respect of a supported accommodation undertaking, are to be read as references to the CIECSS;

(b) in subsection (2)—

(i) the references to “the establishment or agency” are to be read as references to the supported accommodation undertaking;

(ii) paragraph (ab) is to be read as including a reference to a notice under section 20B to vary or remove a condition for the time being in force in relation to the registration of P, or to impose an additional condition, where P is managing or carrying on a supported accommodation undertaking;

(c) in subsection (6), the list of establishments and agencies is to be read as including supported accommodation undertakings.

Modification of section 31 (inspections by persons authorised by registration authority)

21

In section 31—

(a) in subsections (1) and (2), the references to “the registration authority”, in respect of a supported accommodation undertaking, are to be read as references to the CIECSS;

(b) in subsection (1), the reference to “an establishment or agency” is to be read as a reference to a supported accommodation undertaking;

(c) in subsections (1), (3)(c) and (4)(a), the references to “the establishment or agency” are to be read as references to the supported accommodation undertaking;

(d) in subsection (2), the reference to “premises which are used, or which he has reasonable cause to believe to be used, as an establishment or for the purposes of an agency” is to be read as a reference to premises which are used, or which he has reasonable cause to believe to be used, for the purposes of a supported accommodation undertaking, including premises used as supported accommodation;

(e) in subsections (3)(c) and (4)(a), the references to “the manager”, in respect of a supported accommodation undertaking, are to be read as references to the registered service manager;

(f) subsections (5) and (6) are to be read as if they were omitted.

Modification of section 32 (inspections: supplementary)

22

In section 32—

(a) in subsections (4) and (5), the references to “the establishment or agency” are to be read as references to the supported accommodation undertaking;

(b) in subsection (4), the reference to “an establishment or agency” is to be read as a reference to a supported accommodation undertaking;

(c) in subsection (5), the reference to “an agency” is to be read as a reference to a supported accommodation undertaking;

(d) in subsections (5), (6) and (7), the references to “the registration authority”, in respect of a supported accommodation undertaking, are to be read as references to the CIECSS.

Modification of section 36 (provision of copies of registers)

23

In section 36(1) and (2), the references to “the registration authority”, in respect of a supported accommodation undertaking, are to be read as references to the CIECSS.

Modification of section 37 (service of documents)

24

In section 37—

(a) in subsections (1) and (2), the references to “an establishment or agency” are to be read as references to a supported accommodation undertaking;

(b) in subsection (2), the reference to “the establishment or agency” is to be read as a reference to the supported accommodation undertaking.

SCHEDULE 5 — Modifications to sections 11 and 26 of the Care Standards Act 2000

Modification of section 11 (requirement to register)

1

In section 11—

(a) in subsections (1) and (6)(b), the references to “an establishment or agency” are to be read as references to a supported accommodation undertaking;

(b) in subsection (1), the reference to “an establishment or, as the case may be, agency” is to be read as a reference to a supported accommodation undertaking;

(c) in subsection (6)(a), the reference to “the establishment or agency” is to be read as a reference to the supported accommodation undertaking.

Modification of section 26 (false descriptions of establishments and agencies)

2

In section 26—

(a) in subsection (1)—

(i) the reference to “the premises are an establishment, or an agency, of a particular description” is to be read as a reference to the premises being used for the purposes of providing supported accommodation by a supported accommodation undertaking;

(ii) the reference to “the premises as an establishment or agency of that description” is to be read as a reference to the supported accommodation undertaking;

(b) in subsection (2), the reference to “an undertaking or organisation” is to be read as a reference to a supported accommodation undertaking;

(i) the reference to “an establishment or agency” is to be read as a reference to a supported accommodation undertaking;

(ii) the reference to “the establishment or agency” is to be read as a reference to the supported accommodation undertaking.

Signed

Barran — Parliamentary Under Secretary of State — Department for Education — 5th April 2023

Explanatory note

(This note is not part of the Regulations)

EXPLANATORY NOTE

These Regulations make provision under Part 2 of the Care Standards Act 2000 (c. 14) (“the 2000 Act”) in respect of supported accommodation. They make related provision under the Children Act 1989 (c. 41).

Supported accommodation and supported accommodation undertakings are defined by regulation 2 of the Care Standards Act 2000 (Extension of the Application of Part 2 to Supported Accommodation) (England) Regulations 2022 (S.I. 2022/808) (“the 2022 Regulations”). The 2022 Regulations extended the application of specified provisions of Part 2 of the 2000 Act to persons carrying on or managing a supported accommodation undertaking. These Regulations further extend the application of Part 2 to persons carrying on or managing a supported accommodation undertaking.

Part 2 makes provision for quality standards for supported accommodation undertakings. Regulations 3 to 7 detail four quality standards. Regulation 8 requires the registered person to have regard to any statement of national minimum standards applicable to supported accommodation undertakings that the Secretary of State may publish under section 23 of the 2000 Act. Regulations 9 and 10 respectively describe the statement of purpose and workforce plan which a registered person for a supported accommodation undertaking must produce in support of meeting the relevant quality standards.

Part 3 makes provision about the persons who are fit to carry on (regulation 11) and manage (regulation 12) a supported accommodation undertaking. This also includes provision for general requirements of those persons (regulation 13), the circumstances in which the appointment of a manager is required (regulation 14) and compliance with regulations where there is more than one registered person (regulation 15). Regulation 16 makes related amendments to the Care Standards Act 2000 (Registration) (England) Regulations 2010 (S.I. 2010/2130).

Part 4 makes provision about staffing at supported accommodation undertakings, including the persons who are fit to work there (regulation 17), the employment of staff (regulation 18) and temporary staff (regulation 19).

Part 5 makes provision concerning policies that must be kept and maintained by supported accommodation undertakings for the protection of children, and the making and keeping of records. It sets out the requirements for a safeguarding policy (regulation 20), a missing child policy (regulation 21), a behaviour management policy and related records (regulation 22) and a contingency plan policy (regulation 23). Regulations 24 to 26 make provision for the keeping and storage of records, including children’s case records.

Part 6 makes provision about events of which His Majesty’s Chief Inspector of Education, Children’s Services and Skills (“the CIECSS”) must be informed. These include serious events (regulation 27), admissions to and discharges from supported accommodation (regulation 28) and where specified persons related to a supported accommodation undertaking are convicted of a criminal offence (regulation 29). Regulation 30 makes related amendments to the Care Standards Act 2000 (Enforcement of Care Standards) (Notification) (England) Regulations 2011 (S.I. 2011/552). Regulation 31 sets out requirements concerning the handling of complaints and representations.

Part 7 makes provision about the reviewing and monitoring of supported accommodation undertakings, including quality of support reviews (regulation 32), steps to be taken in the absence of a registered service manager (regulation 33), changes of which the CIECSS must be notified (regulation 34) and the financial position of undertakings (regulation 35).

Part 8 amends the Care Planning, Placement and Case Review (England) Regulations 2010 (S.I. 2010/959) (regulation 36) and the Care Leavers (England) Regulations 2010 (S.I. 2010/2571) (regulation 37) to prohibit local authority’s from accommodating looked after children and care leavers, respectively, in supported accommodation which is provided by a supported accommodation undertaking in respect of which the person carrying on or managing the undertaking is not registered under Part 2 of the 2000 Act.

Part 9 makes further related amendments to: the Disqualification from Caring for Children (England) Regulations 2002 (S.I. 2002/635) (regulation 38); the Her Majesty’s Chief Inspector of Education, Children’s Services and Skills (Fees and Frequency of Inspections) (Children’s Homes etc.) Regulations 2015 (S.I. 2015/551) (regulation 39); and the 2022 Regulations (regulation 40), including to correct an error in a modification of section 22(7) of the 2000 Act.

Part 10 makes miscellaneous provision in relation to the appointment of liquidators (regulation 41) and the death of a registered person (regulation 42). Regulation 43 specifies those provisions of Part 2 of the 2000 Act that apply to persons carrying on or managing supported accommodation undertakings, with, where relevant, the modifications specified in Schedules 4 and 5. Regulation 44 makes transitional provision.

No impact assessment has been prepared for these Regulations.

Footnotes

2000 c. 14; section 11(4) was amended by the Health and Social Care (Community Health and Standards) Act 2003 (c. 43), Schedule 9, paragraph 20, the Education and Inspections Act 2006 (c. 40), Schedule 14, paragraph 42, and the Health and Social Care Act 2008 (c. 14), Schedule 5, paragraph 10(c); section 12(2) was amended by the Health and Social Care (Community Health and Standards) Act 2003, section 105(3), and the Health and Social Care Act 2008, Schedule 5, paragraph 11; section 14(1) was modified by S.I. 2022/808; section 15(3) was amended by the Health and Social Care Act 2008, Schedule 5, paragraph 14(b); section 16(3) was amended by the Health and Social Care (Community Health and Standards) Act 2003, section 105(6), and the Health and Social Care Act 2008, Schedule 5, paragraph 15; section 22(1) was amended by the Children and Families Act 2014 (c. 6), section 103(1) and modified by S.I. 2022/808; section 22(1A) was inserted by the Children and Families Act 2014, amended by section 103(2) and modified by S.I. 2022/808; section 22(2)(a), (b), (d), (f), (g), (i) and (j) was modified by S.I. 2022/808; section 22(2)(e) was amended by S.I. 2016/413 and S.I. 2019/772; section 22(5)(c) was modified by S.I. 2022/808; section 22(7)(b) to (j) was modified by S.I. 2022/808; section 22(7)(i) was amended by the Health and Social Care (Community Health and Standards) Act 2003, section 105(7) and the Health and Social Care Act 2008, Schedule 5, paragraph 21; section 30A(3) was inserted by the Children and Young Persons Act 2008 (c. 23), section 29 and the Regulation and Inspection of Social Care (Wales) Act 2016 (anaw. 2), Schedule 3, paragraph 11(c); section 31(7) was amended by the Health and Social Care Act 2008, Schedule 5, paragraph 27 and modified by S.I. 2022/808; sections 34(1) and 35(1) and (2) were modified by S.I. 2022/808; section 42(1) was amended by the Health and Social Care Act 2008, Schedule 5, paragraph 28(2). Under section 121 of the Care Standards Act 2000, “prescribed” means prescribed by regulations, “regulations”, except where there is provision for them to be made by the Secretary of State, means regulations made by the appropriate Minister, and “appropriate Minister”, in relation to England, means the Secretary of State.

1989 c. 41; section 22C(11) was substituted by the Children and Young Persons Act 2008, section 8(1) and amended by S.I. 2016/413; section 23B(10) was inserted by the Children (Leaving Care) Act 2000 (c. 35), section 2(4) and amended by S.I 2016/413; section 68(2) was amended by the Criminal Justice Act 2003 (c. 44), Schedule 32, paragraph 60(2); section 104(4) was amended by the Children and Young Persons Act 2008, Schedule 3, paragraph 25(5).

S.I. 2022/808.

Section 121 of the Care Standards Act 2000 defines “child” as a person under the age of 18.

Section 121 of the Care Standards Act 2000 specifies that “local authority” has the same meaning as in the Children Act 1989. Section 105 of the Children Act 1989 defines “local authority”, in relation to England, as the council of a county, a metropolitan district, a London Borough or the Common Council of the City of London.

See section 22(1) of the Children Act 1989 for the meaning of a child who is looked after by a local authority.

See section 23A of the Children Act 1989 for the meaning of “relevant child” and Schedule 2, paragraph 19B(2) of that Act for the meaning of “eligible child” in respect of care leavers.

Sections 5 and 121 define the “CIECSS” as His Majesty’s Chief Inspector of Education, Children’s Services and Skills.

S.I. 2010/959, to which there are amendments not relevant to the definition of “care plan”.

Section 23E was inserted by the Children (Leaving Care) Act 2000, section 3 and amended by the Children and Young Persons Act 2008, section 22(3) and (4) and S.I. 2016/413.

Section 37(2) was amended by S.I. 2015/914.

2012 c. 10; section 91 was amended by the Police, Crime, Sentencing and Courts Act 2022 (c. 32), section 157(2).

Section 121 of the Care Standards Act 2000 defines “harm” as ill-treatment or the impairment of health or development.

Section 23 was amended by the Adoption and Children Act 2002 (c. 38), Schedule 3, paragraph 110, the Health and Social Care (Community Health and Standards) Act 2003, Schedule 9, paragraph 21, the Children and Young Persons Act 2008, section 28(6) and the Children and Families Act 2014, section 104.

Section 121 of the Care Standards Act 2000 defines “parent”, in relation to a child, as including any person who is not a parent of the child but who has parental responsibility for the child, and “parental responsibility” has the same meaning as in the Children Act 1989 (see section 3).

1986 c. 45; section 251A was inserted by the Tribunals, Courts and Enforcement Act 2007 (c. 15), Schedule 17.

S.I. 2010/2130, amended by S.I. 2013/446, 2013/706, 2013/1394, 2013/3239, 2015/541, 2016/481, 2019/1458.

Section 121 of the Care Standards Act 2000 defines “medical” as including surgical, and “treatment” as including diagnosis.

2006 c. 41; Chapter A3 of Part 2 was inserted by the Health and Care Act 2022 (c. 31), sections 19(2), 20(2) and 25(2).

2006 c. 47; section 35 was amended by the Protection of Freedoms Act 2012 (c. 9), Schedule 9, paragraph 61 and S.I. 2012/3006.

Section 22C was substituted by the Children and Young Persons Act 2008, section 8(1); section 23B was inserted by the Children (Leaving Care) Act 2000, section 2(4); there are amendments to sections 22C and 23B which are not relevant to these Regulations. See S.I. 2010/959, regulation 27 for the general duties of the local authority when placing a child in accommodation in accordance with section 22C(6)(d). See S.I. 2010/2571, regulation 9 for the meaning of “suitable accommodation” under section 23B(8)(b).

Section 31 was amended by the Criminal Justice and Court Services Act 2000 (c. 43), Schedule 7, paragraph 90, the Adoption and Children Act 2002, section 120, the Criminal Justice and Immigration Act 2008 (c. 4), Schedule 4, paragraph 35, the Children and Families Act 2014, section 15(1), the Children and Social Work Act 2017 (c. 16), section 8, the Sentencing Act 2020 (c. 17), Schedule 24, paragraph 109 and S.I. 2013/1465.

Section 38 was amended by the Children and Families Act 2014, sections 14(4) and 13(11) and Schedule 2, paragraph 32.

Section 23B(2) was inserted by the Children (Leaving Care) Act 2000, section 2(4). Paragraph 19C of Schedule 2 was inserted by the Children (Leaving Care) Act 2000, section 1.

S.I. 2011/552.

S.I. 2006/1738, amended by S.I. 2013/985.

Section 3 was amended in relation to England by the Health and Social Care Act 2008, Schedule 5, paragraph 4(3).

1992 c. 13; section 91(3) was amended by the Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), Schedule 8, paragraph 13(2).

2010 c. 32; section 1B was inserted by the Education Act 2011 (c. 21), section 53(7) and amended by the Police, Crime, Sentencing and Courts Act 2022, section 164(1).

The definition of “illness” in section 275(1), to which the definition of “hospital” refers, was amended by paragraph 24 of Schedule 1 to the Mental Health Act 2007 (c. 12).

2000 c. 14; there are amendments to section 4 not relevant to the definition of “residential family centre”.

1996 c. 56; section 4 was amended by the Education Act 1997 (c. 44), section 51 and Schedule 7, paragraph 10, the Education Act 2002 (c. 32), Schedule 22, the Childcare Act 2006 (c. 21), section 95, the Education Act 2011, Schedule 13, paragraph 9(2) and S.I. 2010/1080, 2019/1027.

S.I. 2013/1394.

2016 anaw. 2.

2006 c. 42; the definition of “illness” in section 206(1), to which the definition of “hospital” refers, was amended by the Mental Health Act 2007, Schedule 1, paragraph 25.

1995 c. 36; paragraph (a) of the definition of “residential establishment” was amended by S.I. 2013/1465.

2010 asp. 8.

1978 c. 29.

2005 asp. 6.

S.I. 2010/2571, to which there are amendments not relevant to these Regulations.

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