The Residential Family Centres Regulations (Northern Ireland) 2007

Fitness of workers

18.—(1) The registered person shall not employ a person to work at the residential family centre unless—

(a) the person is fit to work at the residential family centre;

(b) subject to paragraph (4), he has obtained in respect of that person the information and documents specified in Schedule 2; and

(c) he is satisfied on reasonable grounds as to the authenticity of the references referred to in paragraph 3 of Schedule 2 in respect of that person.

(2) This paragraph applies to any person who is employed to work at the residential family centre by a person ( the “employer”) other than the registered person in a position in which he may in the course of his duties, have regular contact with residents.

(3) The registered person shall not allow a person to whom paragraph (2) applies to work at the residential family centre unless—

(a) the person is fit to work at the residential family centre;

(b) the employer has obtained in respect of that person the information and documents specified in Schedule 2 and has confirmed in writing to the registered person that he has done so; and

(c) the employer is satisfied on reasonable grounds as to the authenticity of the references referred to in paragraph 3 of Schedule 2 in respect of that person, and has confirmed in writing to the registered person that he is so satisfied.

(4) For the purposes of paragraph (1) and (3), a person is not fit to work at a residential family centre unless—

(a) he is of integrity and good character;

(b) he has the qualifications or training suitable to the work that he is to perform, and the skills and experience necessary for such work;

(c) he is physically and mentally fit for the work he is to perform at the residential family centre; and

(d) full and satisfactory information is available in relation to him in respect of each of the matters specified in Schedule 2.

(5) The registered person shall ensure that all health care professionals working at the residential family centre are covered by appropriate professional indemnity.

(6) Where the following conditions apply, the registered person may permit a person to start work at the residential family centre notwithstanding paragraph (4)(d)—

(a) the registered person has taken all reasonable steps to obtain full information in respect of each of the matters specified in Schedule 2 in respect of that person, but the enquiries in relation to any of the matters specified in paragraphs 3 to 6 of Schedule 2 are incomplete;

(b) full and satisfactory information in respect of that person has been obtained in relation to the matters specified in paragraphs 1 and 2 of Schedule 2;

(c) the registered person considers that the circumstances are exceptional; and

(d) pending receipt of, and satisfying himself with regard to, any outstanding information, the registered person ensures that the person is appropriately supervised while carrying out his duties.

(7) The registered person shall take reasonable steps to ensure that any person working at the residential family centre who is not employed by him and to whom paragraph (2) does not apply is appropriately supervised while carrying out his duties.