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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 [1] and all other powers enabling him in that behalf, and having consulted such persons as he considers appropriate [2], hereby makes the following Regulations: - 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 -
(b) performs personal medical services in connection with a pilot scheme under the National Health Service (Primary Care) Act 1997[5]; or (c) provides services which correspond to services provided under Part II of the National Health Service Act 1977 otherwise than in pursuance of that Act;
(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.
(b) it is a hostel or a domestic violence refuge; 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
(b) any resident; (c) any local authority exercising any functions under the 1989 Act in relation to any resident.
(3) The registered person shall produce a written guide to the residential family centre (the "resident's guide") which shall include a summary of the statement of purpose, and shall supply a copy of it to the Commission and to each parent accommodated in the residential family centre.
(b) notify the Commission 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.
(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.
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 -
(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);
(ii) that individual satisfies the requirements set out in paragraph (3).
(3) The requirements are that -
(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 -
(b) he has made a composition or arrangement with his creditors, and has not been discharged in respect of it.
Appointment of manager
(b) the registered provider -
(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 Commission of -
(b) the date on which the appointment is to take effect.
Fitness of manager
(b) having regard to the size of the residential family centre, the statement of purpose, and the number and needs of the residents -
(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
(b) an organisation, it shall ensure that the responsible individual undertakes; (c) a partnership, it shall ensure that one of the partners 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.
(b) the offence of which he was convicted; and (c) the penalty imposed on him in respect of the offence.
Health and welfare of residents 10. - (1) The registered person shall ensure that the residential family centre is conducted so as to -
(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.
(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.
(b) any activities in which residents participate are so far as reasonably practicable free from avoidable risks; and (c) unnecessary risks to the health or safety of residents are identified and so far as possible eliminated.
(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.
(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 -
(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 Commission 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 -
(ii) a police officer; (iii) an officer of the Commission; (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 Commission, concerning the welfare or safety of children accommodated in the residential family centre.
(3) In this regulation -
(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.
(b) the objectives and intended outcome of the placement.
(2) The registered person shall keep under review and revise the placement plan as necessary.
(b) take account of any relevant assessment or other report relating to any member of the family which may be provided by the placing authority.
(4) The registered person shall supply a copy of the placement plan and any revision of it to the placing authority and to the parent within the family to which it relates.
(b) provide in rooms occupied by families adequate furniture, bedding and other furnishings, including curtains, floor coverings, and equipment; (c) provide adequate laundry facilities for parents to wash, dry and iron clothes and linen for their families; (d) provide sufficient and suitable cleaning materials and equipment; (e) provide sufficient and suitable kitchen equipment, crockery, cutlery and utensils, and adequate facilities for the storage of food; (f) provide suitable facilities for parents to prepare food for their families, and suitable dining facilities for residents; (g) take adequate precautions against risk of accidents, including the training of persons working at the residential family centre in first aid; (h) provide a place where the money and valuables of residents may be deposited for safe keeping; and (i) provide adequate facilities for recreation and leisure.
Staffing of residential family centre
(b) the need to safeguard and promote the health and welfare of residents,
a sufficient number of suitably qualified, competent and experienced persons working for the residential family centre.
(b) allow a person to whom paragraph (2) applies, to work at the residential family centre unless that person is fit to work at a residential family centre.
(2) This paragraph applies to any person who is employed by a person other than the registered person in a position in which he may in the course of his duties have regular contact with residents.
(b) he has the qualifications, skills and experience necessary for the work he is to perform; (c) he is physically and mentally fit for the work he is to perform; and (d) full and satisfactory information is available in relation to him in respect of each of the matters specified in Schedule 2.
(4) The registered person shall ensure that -
(b) unless paragraph (5) applies, no person starts work at a residential family centre until such time as paragraph (3)(d) has been complied with in relation to him.
(5) Where the following conditions apply, the registered person may permit a person to start work at the residential family centre notwithstanding paragraph (4)(b) -
(b) full and satisfactory information in respect of that person has been obtained in relation to the matters specified in paragraphs 1 and 2 of Schedule 2; (c) the registered person considers that the circumstances are exceptional; and (d) pending receipt of, and satisfying himself with regard to, any outstanding information, the registered person ensures that the person is appropriately supervised while carrying out his duties.
(6) The registered person shall take reasonable steps to ensure that any person working at the residential family centre who is not employed by him and to whom paragraph (2) does not apply is appropriately supervised while carrying out his duties.
(b) provide all employees with a job description outlining their responsibilities.
(2) The registered person must operate a disciplinary procedure which, in particular -
(b) provides that the failure on the part of an employee to report an incident of abuse, or suspected abuse of a child accommodated in the residential family centre to an appropriate person is a ground on which disciplinary proceedings may be instituted.
(3) For the purposes of paragraph (2)(b), an appropriate person is -
(b) an officer of the Commission; (c) a police officer; (d) an officer of the local authority in whose area the residential family centre is situated; or (e) an officer of the National Society for the Prevention of Cruelty to Children.
(4) In paragraph (2), "child" also includes a parent who is under the age of 18.
(b) are enabled from time to time to obtain further qualifications appropriate to the work they perform.
Staff views as to conduct of residential family centre
(b) is kept up to date; (c) is retained in the residential family centre so long as the family to which it relates is accommodated there; and (d) is retained in a place of security for a period of fifteen years from the date of the last entry.
(2) The record referred to in paragraph (1) shall be kept securely and may not be disclosed to any person except in accordance with -
(b) any court order authorising access to such records.
(3) The registered person shall also maintain the records specified in Schedule 4 in respect of the residential family centre.
(b) retained in the residential family centre for a period of not less than three years from the date of the last entry.
Complaints
(b) the procedure (if any) that has been notified by the Commission to the registered person for the making of complaints to the Commission relating to residential family centres.
(5) The registered person shall, within 28 days after the date on which the complaint is made, or such shorter period as may be reasonable in the circumstances, inform the person who made the complaint of the action (if any) that is to be taken. Fitness of premises 21. - (1) Subject to regulation 4(6), the registered person shall not use premises for the purposes of a residential family centre unless -
(b) the location of the premises is appropriate to the needs of residents.
(2) The registered person shall ensure that -
(b) the premises to be used as the residential family centre are of sound construction and kept in a good state of repair externally and internally; (c) all parts of the residential family centre are kept clean and reasonably decorated; (d) adequate private and communal accommodation is provided for families; (e) the size and layout of rooms occupied or used by families are suitable for their needs, and each family is provided with at least one room for its exclusive use; (f) suitable facilities are provided for residents to meet, in private, any person authorised by the Commission; (g) there are provided at appropriate places in the premises sufficient numbers of lavatories, and of wash-basins, baths and showers fitted with a hot and cold water supply; (h) the premises are equipped with what is reasonably necessary, and adapted as necessary, in order to meet the needs arising from the disability of any disabled resident; (i) suitable facilities are provided for private study for any resident requiring them; (j) external grounds which are suitable for, and safe for use by, residents are provided and appropriately maintained; (k) adequate ventilation, heating and lighting is provided in all parts of the residential family centre which are used by residents.
(3) The registered person shall provide for persons working at the residential family centre -
(ii) storage facilities;
(b) sleeping accommodation where the provision of such accommodation is needed for persons working at the residential family centre in connection with their work.
Fire precautions
(b) provide adequate means of escape; (c) make adequate arrangements -
(ii) for giving warnings of fires; (iii) for the evacuation, in the event of fire, of all persons in the residential family centre and safe placement of residents; (iv) for the maintence of all fire equipment; and (v) for reviewing fire precautions, and testing fire equipment, at suitable intervals;
(d) make arrangements for persons working at the residential family centre to receive suitable training in fire prevention; and
(2) In this regulation, "fire authority" means the authority discharging in the area in which a residential family centre is situated, the function of fire authority under the Fire Services Act 1947[8]. Review of quality of care 23. - (1) The registered person shall establish and maintain a system for -
(b) improving,
the quality of care provided at the residential family centre.
(b) supply a copy of the accounts to the Commission at its request.
(3) The registered person shall, if the Commission so requests, provide the Commission with such information and documents as it may require for the purpose of considering the financial viability of the residential family centre, including -
(b) a certificate of insurance for the registered provider in respect of liability which may be incurred by him in relation to the residential family centre in respect of death, injury, public liability, damage or other loss.
Visits by registered provider
(b) another of the directors or other persons responsible for the management of the organisation or partnership; or (c) an employee of the organisation or partnership who is not directly concerned with the conduct of the residential family centre.
(3) Visits under paragraph (1) or (2) shall take place at least once a month and may be unannounced.
(b) inspect the premises of the residential family centre, its daily log of events and records of any complaints; and (c) prepare a written report on the conduct of the residential family centre.
(5) The registered provider shall supply a copy of the report required to be made under paragraph (4)(c) to -
(b) the registered manager; and (c) in the case of a visit under paragraph (2) -
(ii) where the registered provider is a partnership, to each of the partners.
Notifiable events 26. - (1) If, in relation to a residential family centre, any of the events listed in column 1 of the table in Schedule 5 takes place, the registered person shall without delay notify the persons indicated in respect of the event in column 2 of the table. (2) The registered person shall without delay notify the parent accommodated in the residential family centre with a child of any significant incident affecting the child's welfare unless to do so is not reasonably practicable or would place the child's welfare at risk. (3) Any notification made in accordance with this regulation which is given orally shall be confirmed in writing. (4) References in column 1 of the table in Schedule 5 to a centre shall be construed as references to a residential family centre. (5) References in column 2 of the table to a local authority shall be construed as references to the local authority in whose area the residential family centre is situated. Notice of absence 27. - (1) Where -
(b) the registered manager,
proposes to be absent from the residential family centre for a continuous period of 28 days or more, the registered person shall give notice in writing to the Commission of the proposed absence.
(b) the reason for the proposed absence; (c) the arrangements which have been made for the running of the residential family centre during that absence; (d) the name, address and qualifications of the person who will be responsible for the residential family centre during the absence; and (e) in the case of the absence of the registered manager, the arrangements that have been, or are proposed to be, made for appointing another person to manage the residential family centre during that absence, including the proposed date by which the appointment is to be made.
(3) Where the absence arises as a result of an emergency, the registered person shall give notice of the absence within one week of its occurrence specifying the matters in sub-paragraphs (a) to (e) of paragraph (2).
(b) the registered manager,
has been absent from the residential family centre for a continuous period of 28 days or more, and the Commission has not been given notice of the absence, the registered person shall without delay give notice in writing to the Commission specifying the matters mentioned in sub-paragraphs (a) to (e) of paragraph (2).
(b) a person ceases to carry on or manage the residential family centre; (c) where the registered person is an individual, he changes his name; (d) where the registered provider is a partnership, there is any change in the membership of the partnership; (e) where the registered provider is an organisation -
(ii) there is any change of director, manager, secretary or other similar officer of the organisation; (iii) there is to be any change of responsible individual;
(f) where the registered provider is an individual, a trustee in bankruptcy is appointed;
Appoint of liquidators etc.
(b) appoint a manager to take full-time day to day charge of the residential family centre in any case where there is no registered manager; and (c) within 28 days of his appointment, notify the Commission of his intentions regarding the future operation of the residential family centre.
(2) This paragraph applies to any person appointed as -
(b) a liquidator or provisional liquidator of a company which is the registered provider of a residential family centre; or (c) the trustee in bankruptcy of a registered provider of a residential family centre.
Death of registered person
(b) within 28 days of their intentions regarding the future operation of the residential family centre.
(3) The personal representatives of a deceased registered provider may carry on the residential family centre without being registered in respect of it -
(b) for any further period as may be determined in accordance with paragraph (4).
(4) The Commission may extend the period specified in paragraph (3)(a) by such further period, not exceeding one year, as the Commission shall determine and shall notify any such determination to the personal representatives in writing.
(b) notice has been given to him in accordance with paragraph (3); (c) the period specified in the notice, within which the registered person may make representations to the Commission, has expired; and (d) in a case where, in accordance with paragraph (3)(b), the notice specifies any action that is to be taken within a specified period, the period has expired and the action has not been taken within that period.
(3) Where the Commission considers that the registered person has contravened or failed to comply with any of the provisions of the regulations mentioned in paragraph (1), it may serve a notice on the registered person specifying -
(b) where it is practicable for the registered person to take action for the purpose of complying with any of those regulations, the action which, in the opinion of the Commission, the registered person should take for that purpose; (c) the period, not exceeding three months, within which the registered person should take any action specified in accordance with sub-paragraph (b); (d) the period, not exceeding one month, within which the registered person may make representations to the Commission about the notice.
(4) The Commission may bring proceedings against a person who was once, but no longer is, a registered person, in respect of a failure to comply with regulation 19 and for this purpose, references in paragraphs (2) and (3) to a registered person shall be taken to include such a person. 1. A statement of the aims and objectives of the residential family centre. 2. A statement of the facilities and services, including details of the type of accommodation, to be provided by the residential family centre. 3. The name and address of the registered provider and of any registered manager. 4. The relevant qualifications and experience of the registered provider and registered manager. 5. The number, relevant qualifications and experience of persons working at the residential family centre. 6. The organisational structure of the residential family centre. 7. The fees and charges of the residential family centre. 8. The criteria for admission to the residential family centre, including, as applicable, the minimum and maximum ages (if any) of parents and children to be accommodated. 9. A description of the underlying ethos and philosophy of the residential family centre, and where this is based on any theoretical or therapeutic model, a description of that model. 10. A description of any specific assessment, monitoring or therapeutic techniques to be used in the residential family centre and of the arrangements for their supervision. 11. A description of the advice, guidance and counselling provided, including the arrangements for professional supervision. 12. The fire precautions and associated emergency procedures in the residential family centre. 13. The arrangements for dealing with complaints. 14. The rules and conditions applying to residents, and the circumstances in which placements may be terminated. 15. The arrangements for respecting the privacy and dignity of residents. 16. The policy relating to the use of drugs and alcohol in the residential family centre. 17. The residential family centre's confidentiality policy. 18. The arrangements for protecting children and parents under the age of 18 accommodated in the residential family centre. 1. Positive proof of identity. 2. Either -
(b) in any other case, a criminal record certificate issued under section 113 of that Act,
including, where applicable, the matters specified in sections 113(3A) and 115(6A) of that Act and the following provisions once they are in force, namely section 113(3C)(a) and (b) and section 115(6B)(a) and (b) of that Act. 1. In respect of each member of the family -
(b) any name by which he has previously been known; (c) his date of birth and sex; (d) his religious persuasion (if any); and (e) a description of his racial origin, cultural and linguistic background.
2.
The name of the placing authority, if any, and the name, address and telephone number of a representative of that authority. 1. A copy of the statement of purpose. 2. A record in the form of a register showing -
(b) the date on which he took up residence at the residential family centre; (c) the date on which, and the reason why, he ceased to be accommodated there; (d) the name of the person or organisation responsible for arranging the family's stay in the residential family centre; (e) the name and address of the general practitioner and social worker if any, of each member of the family; (f) in the case of a child, any court order to which he is subject; (g) in the case of a child who is subject to a care order, the name, address and telephone number of -
(ii) the officer of the authority responsible for the child's case.
3.
A statement of the procedure to be followed in the event of accidents or in the event of a resident going missing.
(b) any incident which is detrimental to the health or welfare of a resident, including the outbreak of infectious disease; (c) any injury to, or illness of, any resident; (d) any fire; (e) any theft or burglary.
7.
A record showing in respect of each person employed at the residential family centre -
(b) his sex; (c) his date of birth; (d) his home address; (e) his qualifications relevant to, and experience of, work involving children; (f) the position held by him, and the average number of hours worked by him per week.
8.
A copy of any report made under regulation 25.
(This note is not part of the Regulations) These Regulations are made under the Care Standards Act 2000 ("the Act") and apply in relation to residential family centres in England only. Part I of the Act establishes, in relation to England, the National Care Standards Commission ("the Commission") and Part II provides for the registration and inspection of establishments and agencies, including residential family centres, by the Commission. It also provides powers for regulations governing the conduct of establishments and agencies. Regulation 3 excludes certain establishments from the definition of a residential family centre under section 4(2) of the Act. These include most hospitals (in particular health service hospitals as defined in section 128 of the National Health Service Act 1977 and independent hospitals as defined in section 2 of the Act); and independent clinics and care homes as defined in sections 2 and 3 of the Act. An establishment is also excluded from the definition of residential family centre if it is a hostel or domestic violence refuge, or an establishment whose main purpose is to provide accommodation and services to adults. By regulation 4, each centre must prepare a statement of purpose consisting of the matters set out in Schedule 1, and a resident's guide to the centre. The centre must be conducted in a manner which is consistent with the statement of purpose. Regulations 5 to 9 make provision about the persons carrying on and managing the centre, and require satisfactory information to be available in relation to the matters prescribed in Schedule 2. Where the provider is an organisation, it must nominate a responsible individual in respect of whom this information must be available (regulation 5). Regulation 6 prescribes the circumstances where a manager must be appointed for the centre, and regulation 8 imposes general requirements in relation to the proper conduct of the centre, and the need for appropriate training. In Part III, regulations 10 to 12 make provision about the conduct of residential family centres, in particular as to the health, welfare, care and education of the residents and as to the protection of children accommodated there. Regulations 13 and 14 make provision for the facilities and services to be provided to residents. Provision is also made about the staffing of centres and the fitness of workers, and about record keeping and complaints (regulations 15 to 20). Part IV makes provision about the suitability of premises, and the fire precautions to be taken. Part V deals with the management of residential family centres. Regulation 23 requires the registered person to monitor the quality of care provided by the centre. Regulation 24 imposes requirements relating to the centre's financial position. Regulation 25 requires the registered provider to visit the centre as prescribed. Part VI deals with miscellaneous matters, including the giving of notices to the Commission, and notification to the Commission and others of the events listed in Schedule 5. Regulation 31 provides for offences. A breach of the regulations specified in regulation 31 may be an offence on the part of the registered person. However, no prosecution may be brought by the Commission unless it has first given the registered person a notice which sets out in what respect it is alleged he is not complying with a regulation and, where it is practicable for him to do so, the action he should take in order to comply and the period for compliance. The notice must also specify the period within which he may make representations about the notice. Notes: [1] 2000 c. 14. These powers are exercisable by the appropriate Minister, who is defined in section 121(1) of the 2000 Act, in relation to England, Scotland and Northern Ireland, as the Secretary of State, and in relation to Wales, as the National Assembly for Wales. "Prescribed" and "regulations" are defined in section 121(1) of that Act.back [2] See section 22(9) of the 2000 Act for the requirement to consult.back [6] Section 4(2) of the 2000 Act provides that "parent" in relation to a child, includes any person who is looking after that child.back [7] The National Care Standards Commission; see section 6(1) of the 2000 Act.back [9] 1997 c. 50. Section 115(5)(ea) was inserted by the Care Standards Act 2000, section 104. Sections 113(3A) and 115(6A) are added to the Police Act 1997 by section 8 of the Protection of Children Act 1999 (c. 14), and amended by sections 104 and 116 of, and paragraph 25 of Schedule 4 to, the Care Standards Act 2000. Sections 113(3C) and 115(6B) are added to the Police Act 1997 by section 90 of the Care Standards Act 2000 on a date to be appointed.back [10] A position is within section 115(3) if it involves regularly caring for, training, supervising or being in sole charge of persons aged under 18. A position is within section 115(4) if it is of a kind specified in regulations and involves regularly caring for, training, supervising or being in sole charge of persons aged 18 or over. Relevant regulations are S.I. 2002/446.back [11] 1989 c. 41. "Designated local authority" is defined in section 31(8).back
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