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The Children’s Homes (England) Regulations 2015

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Regulation 16

SCHEDULE 1Matters to be included in the Statement of Purpose

Quality and purpose of care

1.  A statement of the range of needs of the children for whom it is intended that the children’s home is to provide care and accommodation.

2.  Details of the home’s ethos, the outcomes that the home seeks to achieve and its approach to achieving them.

3.  A description of the accommodation offered by the home, including—

(a)how accommodation has been adapted to the needs of children;

(b)the age range, number and sex of children for whom it is intended that accommodation is to be provided; and

(c)the type of accommodation, including sleeping accommodation.

4.  A description of the location of the home.

5.  The arrangements for supporting the cultural, linguistic and religious needs of children.

6.  Details of who to contact if a person has a complaint about the home and how that person can access the home’s complaints policy.

7.  Details of how a person, body or organisation involved in the care or protection of a child can access the home’s child protection policies or the behaviour management policy.

Views, wishes and feelings

8.  A description of the home’s policy and approach to consulting children about the quality of their care.

9.  A description of the home’s policy and approach in relation to—

(a)anti-discriminatory practice in respect of children and their families; and

(b)children’s rights.

Education

10.  Details of provision to support children with special educational needs.

11.  If the home is registered as a school, details of the curriculum provided by the home and the management and structure of the arrangements for education.

12.  If the home is not registered as a school, the arrangements for children to attend local schools and the provision made by the home to promote children’s educational achievement.

Enjoyment and achievement

13.  The arrangements for enabling children to take part in and benefit from a variety of activities that meet their needs and develop and reflect their creative, intellectual, physical and social interests and skills.

Health

14.  Details of any healthcare or therapy provided, including—

(a)details of the qualifications and professional supervision of the staff involved in providing any healthcare or therapy; and

(b)information about how the effectiveness of any healthcare or therapy provided is measured, the evidence demonstrating its effectiveness and details of how the information or the evidence can be accessed.

Positive relationships

15.  The arrangements for promoting contact between children and their families and friends.

Protection of children

16.  A description of the home’s approach to the monitoring and surveillance of children.

17.  Details of the home’s approach to behavioural support, including information about—

(a)the home’s approach to restraint in relation to children; and

(b)how persons working in the home are trained in restraint and how their competence is assessed.

Leadership and management

18.  The name and work address of—

(a)the registered provider;

(b)the responsible individual (if one is nominated); and

(c)the registered manager (if one is appointed).

19.  Details of the experience and qualifications of staff, including any staff commissioned to provide education or health care.

20.  Details of the management and staffing structure of the home, including arrangements for the professional supervision of staff, including staff that provide education or health care.

21.  If the staff are all of one sex, or mainly of one sex, a description of how the home promotes appropriate role models of both sexes.

Care planning

22.  Any criteria used for the admission of children to the home, including any policies and procedures for emergency admission.

Regulations 26, 28, and 32

SCHEDULE 2Information required in respect of persons seeking to carry on, manage or work at a children’s home

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 2002(1), an enhanced criminal record certificate issued under section 113B of the Police Act 1997(2) which includes, where applicable, suitability information relating to—

(i)children (within the meaning of section 113BA(2) of the Police Act 1997(3));

(ii)vulnerable adults (within the meaning of section 113BB(2) of the Police Act1997(4)); or

(b)in any other case, a criminal record certificate issued under section 113A of the Police Act 1997(5).

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.

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

Regulation 36

SCHEDULE 3Information 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 entering the home.

6.  The address, and the type of establishment or accommodation, to which the child is to go when the child ceases to be accommodated in the home.

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 (if any) under which the child is provided with accommodation.

Contact details of certain persons in relation to the child

9.  The name (including, where the placing authority is not a parent, the name of an individual who may be contacted), address and telephone number of the child’s placing 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 placing 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 2008, 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 home, including any information relating to the child’s whereabouts during the period of absence.

15.  The date and circumstances of any measure of control, discipline or 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 EHC plan or statement of special educational needs in relation to the child.

18.  Every school report received in respect of the child while the child is accommodated in the home.

19.  A copy of any plan for the care of the child prepared by the child’s placing authority, and of the placement plan.

20.  The date and result of any review of the placing authority’s plan for the care of the child, or of the child’s placement plan.

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 or serious illness involving the child while accommodated in the home.

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.

25.  Details of any medicines kept for the child in the home, including details of—

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

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

(c)the disposal of any medicine.

26.  Any special dietary or health needs of the child.

Regulation 37

SCHEDULE 4Other records with respect to children’s homes

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 children’s home;

(b)the date on which the child ceased to be accommodated in the home;

(c)the child’s address immediately before being accommodated in the home;

(d)the child’s address on leaving the home;

(e)the child’s placing authority; and

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

Staff, staff rosters, persons residing or working in the home, visitors

2.  A record showing in respect of each person working at the home—

(a)the person’s full name;

(b)the person’s sex;

(c)the person’s date of birth;

(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 home 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 home.

3.  A copy of the staff duty roster of persons working at the home, and a record of the actual rosters worked.

4.  A record of any persons who reside or work at any time at the home, who are not mentioned in the records kept in accordance with paragraphs 1 or 2.

5.  A record of all visitors to the home, and to children, including the names of visitors and the reasons for the visit.

Fire drills

6.  A record of every fire drill or fire alarm test conducted, with details of any deficiency in either the procedure or the equipment concerned, together with details of the steps taken to remedy that deficiency.

Accounts

7.  Records of all accounts kept in the children’s home.

Regulation 52

SCHEDULE 5Modification of the Regulations for short breaks and secure children’s homes

Modifications for short breaks

1.  The following regulations do not apply to short breaks—

(a)regulation 5(b) (engaging with the wider system to ensure each child’s needs are met);

(b)regulation 8(2)(a)(vi) and (viii) to (x) (the education standard);

(c)regulation 10(2)(b) and (c) (the health and well-being standard);

(d)regulation 41 (notification with respect to children admitted into, or discharged from, a children’s home).

2.  Regulation 6(2)(b)(vi) (the quality and purpose of care standard) applies to short breaks as if “that prepare the child to return home, to live in a new placement or to live independently as an adult” were omitted.

Modifications for secure children’s homes

3.  Regulation 9(2)(a)(iii) (the enjoyment and achievement standard) applies to a secure children’s home as if for “and the wider community” there were substituted “and, to the extent that it is appropriate to do so, to the wider community”.

4.  Regulation 21 (privacy and access) applies to a secure children’s home as if—

(a)for “The” at the beginning there were substituted “Save to the extent that it is necessary to keep children in a secure children’s home, the”;

(b)paragraph (c)(i) and (iv) were omitted.

5.  In the case of a youth justice child (whether that youth justice child is looked after or not), references to “placing authority” or “placing authorities” are modified to include the Youth Justice Board for England and Wales or the Secretary of State in the following regulations—

(a)regulation 5(c);

(b)regulation 16(2);

(c)regulation 34(2)(b) and (c);

(d)regulation 40(1)(b) and (3)(b);

(e)regulation 41(3)(d);

(f)regulation 44(7)(c); and

(g)regulation 45(4) and (5).

6.  In the case of a youth justice child who is not looked after by a local authority, references to “placing authority” or “placing authorities” are modified to include a parent of the youth justice child in the following regulations—

(a)regulation 40(1)(b) and (3)(b);

(b)regulation 41(3)(d); and

(c)regulation 44(2)(b).

(2)

1997 c.50 (“the 1997 Act”). Section 113B of the 1997 Act was inserted by section 163(2) of the Serious Organised Crime and Police Act 2005 (c.15, “the 2005 Act”). Section 113B of the 1997 Act was amended by: paragraph 14 of Schedule 9 to the SVGA 2006; paragraph 149 of Schedule 16 to the Armed Forces Act 2006 (c.52); S.I. 2009/203; Part 8 of Schedule 8 to the PCA 2009; sections 79, 80, 82 and 115 of, and Schedules 9 and 10 to, the PoFA 2012; S.I. 2012/3006; and paragraph 60 of Schedule 8 to the Crime and Courts Act 2013 (c.22). There are other amendments to section 113B of the 1997 Act, but none are relevant to these Regulations.

(3)

Section 113BA of the 1997 Act was inserted, in relation to England, Wales and Northern Ireland, by section 63 of, and paragraph 14 of Schedule 9 to, the SVGA 2006 and was amended by: Schedule 10 to the PoFA 2012; Section 170 of the Education and Inspections Act 2006 (c.40) and Schedule 1 to the Education and Skills Act 2008 (c.25).

(4)

Section 113BB of the 1997 Act was inserted by section 63 of, and paragraph 14 of Schedule 9 to, the SVGA 2006 and was amended by Schedule 10 to the PoFA 2012.

(5)

Section 113A of the 1997 Act was inserted by section 163 of the 2005 Act. Section 113A of the 1997 Act was amended by: section 50 of the CJIA 2008; S.I. 2009/203; section 97(2) of, and Schedule 8 to, the PCA 2009; sections 79, 80 and 115 of, and Schedules 9 and 10 to, the PoFA 2012; S.I. 2012/3006 and 2013/1200. There are other amendments to section 113A of the 1997 Act, but none are relevant to these Regulations.

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