PART 1 SOCIAL CARE

CHAPTER 1 PROVISION OF SOCIAL CARE SERVICES TO CHILDREN: RESTRICTIONS ON PROFIT

Regulation of social care services provided to children

2 Restricted children’s services
In the 2016 Act—
(a) in section 1, after paragraph (b) insert—

“(ba) Chapter 2 also makes provision restricting the entities that may provide‍ children’s home services, secure accommodation services and fostering services;”;

(b) after section 2 insert—

“2A Meaning of “restricted children’s service”
(1) For the purposes of this Part, the following regulated services are a “restricted children’s service”—
(a) a care home service‍ in so far as the service is a children’s home service;
(b) a fostering service;
(c) a secure accommodation service.
(2) For the purposes of subsection (1), a “children’s home service” is a care home service provided at one or more places at which the service is provided wholly or mainly to children.‍
(3) Schedule 1 makes further provision about the meaning of a restricted children’s service.”

(c) in Schedule 1, after paragraph 1(3) insert—

“(3A) But a school that constitutes a care home service by virtue of‍ sub-paragraph (3) does not constitute a‍ children’s home service unless–
(a) it has provided more days of accommodation to looked after children than to children who are not looked after children for any period of 12 months falling within the previous 24 months, or
(b) it intends to provide more days of accommodation to looked after children than to children who are not looked after children for any period of 12 months falling within the following 24 months.
(3B) In sub-paragraph (3A), “looked after children‍ means children who are looked after by local authorities as described in section 74(1) of the 2014 Act.”