The Residential Family Centres Regulations 2002

Explanatory Note

(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.