(This note is not part of the Regulations.)
These Regulations are made under the Health and Personal Social Services (Quality, Improvement and Regulation) (Northern Ireland) Order 2003 (“the Order”). Part II of the Order establishes, the Northern Ireland Health and Personal Social Services Regulation and Improvement Authority (“the Regulation and Improvement Authority”) and Part III provides for the registration and inspection of establishments and agencies, including children’s homes, by the Regulation and Improvement Authority. It also provides powers for regulations governing the conduct of establishments and agencies. The majority of Parts II and III of the Order (in so far as not already in operation) will be brought into operation on 1st April 2005.
These new arrangements replace the regulatory system in relation to children’s homes provided for by the Children (Northern Ireland) Order 1995, and these Regulations supersede the Children’s Homes Regulations (Northern Ireland) 1996 (as amended).
Regulation 3 excludes certain establishments from the definition of a children’s home under Article 9 of the Order. These include establishments providing short-term overnight care, holidays, or other activities for less than 28 days a year in relation to any one child, and a wide range of establishments providing accommodation for those aged 16 or over, unless in either case, the establishment mainly accommodates children who are disabled. Further education colleges and establishments for young offenders are also excluded.
By regulation 4, each home must have a statement of purpose consisting of the matters set out in Schedule 1, and a children’s guide to the home. The home must be carried on in a manner which is consistent with the statement of purpose.
Regulations 6 to 10 make provision about the persons carrying on and managing the home, 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 6). Regulation 7 prescribes the circumstances where a manager must be appointed for the home, and regulation 9 imposes general requirements in relation to the proper conduct of the home, and the need for appropriate training.
Part III makes provision about the conduct of children’s homes, in particular, as to welfare, health, education and religious observance, arrangements for contact and visitors, the management of behaviour, and the use of surveillance devices. Provision is also made about the staffing of homes, and the fitness of workers, and about complaints, record keeping and notification of the events listed in Schedule 5.
Part IV makes provision about the suitability of premises, and the fire precautions to be taken. Part V deals with the management of children’s homes. Regulation 32 requires the registered provider to visit the home as prescribed, and regulation 33 requires the registered person to monitor the matters set out in Schedule 6 relating to the quality of care provided by the home. Regulation 35 imposes requirements relating to the home’s financial position.
Part VI deals with miscellaneous matters including the giving of notices to the Regulation and Improvement Authority. Regulation 40 provides for offences. A breach of the regulations specified in regulation 40 may found an offence on the part of the registered person. However, no prosecution may be brought unless the Regulation and Improvement Authority 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 what action the Regulation and Improvement Authority considers it is necessary for him to take in order to comply. The notice must specify a time period for compliance, not exceeding three months.