The Children’s Homes Regulations (Northern Ireland) 2005

Regulation 4(1)

SCHEDULE 1 MATTERS TO BE INCLUDED IN THE STATEMENT OF PURPOSE

1.  A statement of the overall aims of the children’s home, and the objectives to be attained with regard to children accommodated in the home.

2.  A statement of the facilities and services to be provided for the children accommodated in the children’s home.

3.  The name and address of the registered provider, and of the registered manager if applicable.

4.  The relevant qualifications and experience of the registered provider and, if applicable, the registered manager.

5.  The number, relevant qualifications and experience of persons working at the children’s home, and if the workers are all of one sex, a description of the means whereby the home will promote appropriate role models of both sexes.

6.  The arrangements for the supervision, training and development of employees.

7.  The organisational structure of the children’s home.

8.  The following particulars –

(a) the age-range, sex and numbers of children for whom it is intended that accommodation should be provided;

(b) whether it is intended to accommodate children who are disabled, have special needs or any other special characteristics; and

(c) the range of needs (other than those mentioned in sub-paragraph (b)) that the home is intended to meet.

9.  Any criteria used for admission to the home, including the home’s policy and procedures for emergency admissions, if the home provides for emergency admissions.

10.  If the children’s home provides or is intended to provide accommodation for more than eight children, a description of the positive outcomes intended for children in a home of such a size, and of the home’s strategy for counteracting any adverse effects arising from its size, on the children accommodated there.

11.  A description of the children’s home’s underlying ethos and philosophy, and where this is based on any theoretical or therapeutic model, a description of that model.

12.  The arrangements made to protect and promote the health of the children accommodated at the home.

13.  The arrangements for the promotion of the education of the children accommodated there, including the facilities for private study.

14.  The arrangements to promote children’s participation in recreational, sporting and cultural activities.

15.  The arrangements made for consultation with the children accommodated about their future care and the operation of the children’s home.

16.  The arrangements made for the control, restraint and discipline of children.

17.  The arrangements made for child protection and to counter bullying.

18.  The procedure for dealing with any unauthorised absence of a child from the children’s home.

19.  A description of any electronic or mechanical means of surveillance of children which may be used in the children’s home.

20.  The fire precautions and associated emergency procedures in the children’s home.

21.  The arrangements for the children’s religious observance.

22.  The arrangements for contact between a child and his parents, relatives and friends.

23.  The arrangements for dealing with complaints.

24.  The arrangements for contributing to the review of placement plans under Article 45 of the Children Order.

25.  The type of accommodation, including the sleeping accommodation, provided, and, where applicable, how children are to be grouped, and in what circumstances they are to share bedrooms.

26.  Details of any specific therapeutic techniques used in the home, and arrangements for their supervision.

27.  A description of the children’s home’s policy in relation to anti-discriminatory practice as respects children and children’s rights.

Regulations 6, 8, 25

SCHEDULE 2 INFORMATION AND DOCUMENTS 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 a certificate is required for a purpose relating to registration under Part III of the Order or the position falls within section 115(3) or (4) of the Police Act 1997(1) (enhanced criminal record certificates), an enhanced criminal record certificate issued under section 115 of that Act; or

(b) in any other case, a criminal record certificate issued under section 113 of that Act (criminal record certificates),

including, where applicable, the matters specified in sections 113(3EA) and 115(6EA) of that Act(2) and section 113(3EC)(a) and (b) and section 115(6EB)(a) and (b) of that Act(3).

3.  Two written references, including a reference from the person’s most recent employer, if any.

4.  Where a person has previously worked in a position whose duties involved work with children or vulnerable adults, so far as reasonably practicable verification of the reason why the employment or position ended.

5.  Documentary evidence of any relevant qualifications and accredited training.

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

7.  In respect of a registered manager to whom regulation 8(2) applies or anyone who is a member of the care staff of a children’s home, confirmation of current registration on a relevant register.

Regulation 27(1)

SCHEDULE 3 INFORMATION TO BE INCLUDED IN THE CASE RECORDS OF CHILDREN ACCOMMODATED IN CHILDREN'S HOMES

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 religious persuasion, if any.

4.  A description of the child’s racial origin, cultural and linguistic background.

5.  The child’s address immediately prior to entering the home.

6.  The name, address and telephone number of the child’s placing authority.

7.  The statutory provision (if any) under which he is provided with accommodation.

8.  The name, address, telephone number and the religious persuasion, if any, of the child’s parents.

9.  The name, address and telephone number of any social worker for the time being assigned to the child by the placing authority.

10.  The date and circumstances of all absences of the child from the home, including whether the absence was authorised and any information relating to the child’s whereabouts during the period of absence.

11.  The date of, and reason for, any visit to the child whilst in the home.

12.  A copy of any statement of special educational needs maintained in relation to the child under Article 16 of the Education (Northern Ireland) Order 1996(4) (statement of special educational needs), with details of any such needs.

13.  The date and circumstances of any measures of control, restraint or discipline used on the child.

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

15.  The name, address and telephone number of any school or college attended by the child, and of any employer of the child.

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

17.  Arrangements for, including any restrictions on, contact between the child, his parents, and any other person.

18.  A copy of any plan for the care of the child prepared by his placing authority, and of the placement plan.

19.  The date and result of any review of the placing authority’s plan for the care of the child, or of his placement plan and details of the outcome in terms of the child’s progress.

20.  The name and address of the general practitioner with whom the child is registered, and of the child’s dental practitioner.

21.  Details of any accident or serious illness involving the child while accommodated in the home.

22.  Details of any immunisation, allergy, or medical examination of the child and of any medical or dental need or treatment of the child.

23.  Details of any health examination or developmental test conducted with respect to the child at or in connection with his school.

24.  Details of any medicines kept for the child in the home, including any medicines which the child is permitted to administer to himself, and details of the administration of any medicine to the child.

25.  The dates on which any money or valuables are deposited by or on behalf of a child for safekeeping, and the dates on which any money is withdrawn, and any valuables are returned.

26.  The address, and type of establishment or accommodation, to which the child goes when he ceases to be accommodated in the home.

27.  Agreed personal development and training activities.

28.  Record of search of child’s person or property.

Regulation 28(1)

SCHEDULE 4 OTHER RECORDS WITH RESPECT TO CHILDREN'S HOMES

1.  A record in the form of a register showing in respect of each child accommodated in a children’s home –

(a) the date of his admission to the home;

(b) the date on which he ceased to be accommodated there;

(c) his address prior to being accommodated in the home;

(d) his address on leaving the home;

(e) his placing authority;

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

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

(a) his full name;

(b) his sex;

(c) his date of birth;

(d) his home address;

(e) his qualifications relevant to, and experience of, work involving children;

(f) the recruitment process under which he was appointed;

(g) the training and development activities completed by him;

(h) whether he 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

(i) whether he resides at the home.

3.  A record of any persons who reside or work at any time at the children’s home, who are not mentioned in the records kept in accordance with paragraph 1 or 2.

4.  A record of all accidents occurring in the children’s home, or to children whilst accommodated by the home.

5.  A record of the receipt, disposal and administration of any medicine to any child.

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

7.  A record of all money deposited by a child for safekeeping, together with the date on which that money was withdrawn, or the date of its return.

8.  A record of all valuables deposited by a child and the date of their return.

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

10.  A record of menus served.

11.  A copy of the staff duty roster of persons working at the children’s home, and a record of the actual rosters worked.

12.  A daily log of events occurring in the home.

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

Regulation 29(1)

SCHEDULE 5 EVENTS AND NOTIFICATIONS

Column 1	Column 2
Event:	To be notified to:
	Regulation and Improvement Authority	Placing authority	Department of Health, Social Services and Public Safety	HSS trust in whose area the home is located	Police	Director of Public Health(5) of the HSS Board
Death of a child accommodated in the home	Yes	Yes	Yes	Yes		Yes
Referral to the Department pursuant to Article 4(1)(a) of the Protection of Children and Vulnerable Adults (Northern Ireland) Order 2003(6) of an individual working at the home	Yes	Yes	Yes			Yes
Serious illness or serious accident sustained by a child accommodated in the home	Yes	Yes
Outbreak of any infectious disease which in the opinion of a registered medical practitioner attending children at the home is sufficiently serious to be so notified	Yes	Yes				Yes
Allegation that a child accommodated at the home has committed a serious offence	Yes	Yes	Yes		Yes (follow-ing con-sultation with the placing authority)
Involvement or suspected involvement of a child accommodated at the home in sexual exploitation	Yes	Yes		Yes	Yes (follow-ing con-sultation with the placing authority)
Serious incident necessitating calling the police to the home	Yes	Yes			Yes
Absconding by a child accommodated at the home		Yes			Yes
Any serious complaint about the home or persons working there	Yes	Yes	Yes
Instigation and outcome of any child protection enquiry involving a child accommodated at the home	Yes	Yes			Yes (follow-ing con-sultation with the placing authority)
Any serious adverse event as defined in accordance with Departmental guidance			Yes

Regulation 33(1)

SCHEDULE 6 MATTERS TO BE MONITORED BY THE REGISTERED PERSON

1.  In respect of each child accommodated in the children’s home, compliance with the placing authority’s plan for the care of the child (where applicable) and the placement plan.

2.  The deposit and issue of money and other valuables handed in for safekeeping.

3.  Daily menus.

4.  All accidents and injuries sustained in the home or by children accommodated there.

5.  Any illnesses of children accommodated in the home.

6.  Complaints in relation to children accommodated in the home and their outcomes.

7.  Any allegations or suspicions of abuse in respect of children accommodated in the home and the outcome of any investigation.

8.  Staff recruitment records and conduct of required checks for new workers in the home.

9.  Visitors to the home and to children in the home.

10.  Notifications of the events listed in Schedule 5.

11.  Any unauthorised absence from the home of a child accommodated there.

12.  The use of measures of control, restraint and discipline in respect of children accommodated in the home.

13.  Risk assessments for health and safety purposes and subsequent action taken.

14.  Medicines, medical treatment and first aid administered to any child accommodated in the home.

15.  Duty rosters of persons working at the home, and the rosters actually worked.

16.  The home’s daily log of events.

17.  Fire drills and tests of alarms and of fire equipment.

18.  Records of appraisals of employees and the training and development plan.

19.  Minutes of staff meetings.

20.  Records of educational progress and attainment of children accommodated in the children’s home.

(1)

1997 c. 50. A position is within section 115(3) if it involves regularly caring for, training, supervising or being in sole charge of persons aged under 18. A position is within section 115(4) if it is of a kind specified in regulations and involves regularly caring for, training, supervising or being in sole charge of persons aged 18 or over

(2)

Sections 113(3EA) and 115(6EA) are inserted by the Protection of Children and Vulnerable Adults (Northern Ireland) Order 2003 (S.I. 2003/417 (N.I. 4))

(3)

Sections 113(3EC) and 115(6EB) are inserted by the Protection of Children and Vulnerable Adults (Northern Ireland) Order 2003

(4)

S.I. 1996/274 (N.I. 1)

(5)

Article 32 of the Health and Personal Social Services (Northern Ireland) Order 1991 (S.I. 1991/194 (N.I. 1)) provides that the Chief Administrative Medical Officer of a Health and Social Services Board shall be known as the Director of Public Health

(6)

S.I. 2003/417 (N.I. 4), Art. 4(1) came into operation with effect from 30th November 2004