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The Children’s Homes (England) Regulations 2015

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Independent person: visits and reports

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44.—(1) The registered person must ensure that an independent person visits the children’s home at least once each month.

(2) When the independent person is carrying out a visit, the registered person must help the independent person—

(a)if they consent, to interview in private such of the children, their parents, relatives and persons working at the home as the independent person requires; and

(b)to inspect the premises of the home and such of the home’s records (except for a child’s case records, unless the child and the child’s placing authority consent) as the independent person requires.

(3) A visit by the independent person to the home may be unannounced.

(4) The independent person must produce a report about a visit (“the independent person’s report”) which sets out, in particular, the independent person’s opinion as to whether—

(a)children are effectively safeguarded; and

(b)the conduct of the home promotes children’s well-being.

(5) The independent person’s report may recommend actions that the registered person may take in relation to the home and timescales within which the registered person must consider whether or not to take those actions.

(6) If the independent person becomes aware of a potential conflict of interest (whether under regulation 43(3) or otherwise) after a visit to the home, the independent person must include in the independent person’s report—

(a)details of the conflict of interest; and

(b)the reasons why the independent person did not notify the registered provider of the conflict of interest before the visit.

(7) The independent person must provide a copy of the independent person’s report to—

(a)HMCI;

(b)upon request, the local authority for the area in which the home is located;

(c)the placing authorities of children;

(d)the registered provider and, if applicable, the registered manager; and

(e)the responsible individual (if one is nominated).

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