Part I Introductory
Preliminary
I11 Children’s homes.
1
Subsections (2) to (6) have effect for the purposes of this Act.
2
An establishment is a children’s home (subject to the following provisions of this section) if it provides care and accommodation wholly or mainly for children.
3
An establishment is not a children’s home merely because a child is cared for and accommodated there by a parent or relative of his or by a foster parent.
4
An establishment F1in Wales is not a children’s home if it is—
a
a health service hospital;
b
an independent hospital or an independent clinic; or
c
a residential family centre,
or if it is of a description excepted by regulations.
F24A
An establishment in England is not a children's home if it is—
a
a hospital (within the meaning of the National Health Service Act 2006); or
b
a residential family centre,
or if it is of a description excepted by regulations.
5
Subject to subsection (6), an establishment is not a children’s home if it is a school.
6
A school is a children’s home at any time if at that time accommodation is provided for children at the school and either—
a
in each year that fell within the period of two years ending at that time, accommodation was provided for children, either at the school or under arrangements made by the proprietor of the school, for more than 295 days; or
b
it is intended to provide accommodation for children, either at the school or under arrangements made by the proprietor of the school, for more than 295 days in any year;
and in this subsection “year” means a period of twelve months.
But accommodation shall not for the purposes of paragraph (a) be regarded as provided to children for a number of days unless there is at least one child to whom it is provided for that number of days; and paragraph (b) shall be construed accordingly.
7
For the purposes of this section a person is a foster parent in relation to a child if—
a
he is a local authority foster parent in relation to the child;
b
he is a foster parent with whom a child has been placed by a voluntary organisation under section 59(1)(a) of the 1989 Act; or
c
he fosters the child privately.
I22 Independent hospitals etc.
1
Subsections (2) to (6) apply for the purposes of this Act F3as it applies in relation to Wales.
2
A hospital which is not a health service hospital is an independent hospital.
3
“Hospital” (except in the expression health service hospital) means—
a
an establishment—
i
the main purpose of which is to provide medical or psychiatric treatment for illness or mental disorder or palliative care; or
ii
in which (whether or not other services are also provided) any of the listed services are provided;
b
any other establishment in which treatment or nursing (or both) are provided for persons liable to be detained under the M1Mental Health Act 1983.
4
“Independent clinic” means an establishment of a prescribed kind (not being a hospital) in which services are provided by medical practitioners (whether or not any services are also provided for the purposes of the establishment elsewhere).
But an establishment in which, or for the purposes of which, services are provided by medical practitioners in pursuance of the F4National Health Service Act 2006 or the National Health Service (Wales) Act 2006 is not an independent clinic.
5
“Independent medical agency” means an undertaking (not being an independent clinic F5or an independent hospital) which consists of or includes the provision of services by medical practitioners.
But if any of the services are provided for the purposes of an independent clinic, or by medical practitioners in pursuance of the F4National Health Service Act 2006 or the National Health Service (Wales) Act 2006, it is not an independent medical agency.
6
References to a person liable to be detained under the M2Mental Health Act 1983 do not include a person absent in pursuance of leave granted under section 17 of that Act.
7
In this section “listed services” means—
a
medical treatment under anaesthesia or sedation;
b
dental treatment under general anaesthesia;
c
obstetric services and, in connection with childbirth, medical services;
d
termination of pregnancies;
e
cosmetic surgery F36other than—
i
ear and body piercing;
ii
tattooing;
iii
the subcutaneous injection of a substance or substances into the skin for cosmetic purposes; and
iv
the removal of hair roots or small blemishes on the skin by the application of heat using an electric current;
f
treatment using prescribed techniques or prescribed technology.
8
Regulations may—
a
except any description of establishment from the definitions in subsections (2) to (4);
b
except any description of undertaking from the definition in subsection (5);
c
modify the definition in subsection (7).
I33 Care homes.
1
For the purposes of this Act, an establishment is a care home if it provides accommodation, together with nursing or personal care, for any of the following persons.
2
They are—
a
persons who are or have been ill;
b
persons who have or have had a mental disorder;
c
persons who are disabled or infirm;
d
persons who are or have been dependent on alcohol or drugs.
3
But an establishment F6in Wales is not a care home if it is—
a
a hospital;
b
an independent clinic; or
c
a children’s home,
or if it is of a description excepted by regulations.
F74
And an establishment in England is not a care home if it is—
a
a hospital (within the meaning of the National Health Service Act 2006); or
b
a children's home,
or if it is of a description excepted by regulations.
I44 Other basic definitions.
1
This section has effect for the purposes of this Act.
2
“Residential family centre” means, subject to subsection (6), any establishment at which—
a
accommodation is provided for children and their parents;
b
the parents’ capacity to respond to the children’s needs and to safeguard their welfare is monitored or assessed; and
c
the parents are given such advice, guidance or counselling as is considered necessary.
In this subsection “parent”, in relation to a child, includes any person who is looking after him.
3
“Domiciliary care agency” means, subject to subsection (6), an undertaking which consists of or includes arranging the provision of personal care in their own homes for persons who by reason of illness, infirmity or disability are unable to provide it for themselves without assistance.
4
“Fostering agency” means, subject to subsection (6)—
a
an undertaking which consists of or includes discharging functions of local authorities in connection with the placing of children with foster parents; or
b
a voluntary organisation which places children with foster parents under section 59(1) of the 1989 Act.
5
“Nurses agency” means, subject to subsection (6), an employment agency or employment business, being (in either case) a business which consists of or includes supplying, or providing services for the purpose of supplying, registered nurses F8or registered midwives.
6
The definitions in subsections (2) to (5) do not include any description of establishment, undertaking or organisation excepted from those definitions by regulations.
7
“Voluntary adoption agency” means an adoption society within the meaning of the F9the Adoption and Children Act 2002 which is a voluntary organisation within the meaning of that Act.
F107A
“Adoption support agency” has the meaning given by section 8 of the Adoption and Children Act 2002.
8
Below in this Act—
F11a
any reference to a description of establishment is a reference to—
i
a children's home,
ii
a children's home providing accommodation for the purpose of restricting liberty,
iii
an independent hospital in Wales,
iv
an independent hospital in Wales in which treatment or nursing (or both) are provided for persons liable to be detained under the Mental Health Act 1983,
v
an independent clinic in Wales,
vi
a care home in Wales, or
vii
a residential family centre;
b
a reference to any establishment is a reference to an establishment of any of those descriptions.
F129
Below in this Act—
a
any reference to a description of agency is a reference to—
i
an independent medical agency in Wales or, where the activities of an independent medical agency are carried on from two or more branches, a branch in Wales of an independent medical agency,
ii
a domiciliary care agency in Wales or, where the activities of a domiciliary care agency are carried on from two or more branches, a branch in Wales of a domiciliary care agency,
iii
a nurses agency in Wales or, where the activities of a nurses agency are carried on from two or more branches, a branch in Wales of a nurses agency,
iv
a fostering agency or, where the activities of a fostering agency are carried on from two or more branches, a branch of a fostering agency,
v
a voluntary adoption agency, or
vi
an adoption support agency or, where the activities of an adoption support agency are carried on from two or more branches, a branch of an adoption support agency;
b
a reference to any agency is a reference to an agency or branch of any of those descriptions.
F3410
This Act applies to a provider of social work services as it applies to an agency, except in so far as the undertaking of that provider consists of or includes the carrying on of an establishment; and “ provider of social work services ” has the same meaning as in Part 1 of the Children and Young Persons Act 2008.
Registration authorities
I55 Registration authorities.
For the purposes of this Act—
F13a
the registration authority in the case of establishments and agencies mentioned in subsection (1A) is Her Majesty's Chief Inspector of Education, Children's Services and Skills (referred to in this Act as “the CIECSS”);
b
the registration authority F14in any other case is the National Assembly for Wales (referred to in this Act as “the Assembly”).
F151A
The establishments and agencies are—
a
children's homes in England,
b
residential family centres in England,
c
fostering agencies in England or, where the activities of a fostering agency are carried on from two or more branches, the branches in England,
d
voluntary adoption agencies whose principal office is in England, and
e
adoption support agencies in England or, where the activities of an adoption support agency are carried on from two or more branches, the branches in England F35and,
f
providers of social work services in England or, where the activities of a provider of social work services are carried on from two or more branches, the branches in England.
F162
This section is subject to section 36A.
5AF32General duties of Commission for Healthcare Audit and Inspection
F17. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
5BF33General duties of Commission for Social Care Inspection
F18. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
6 National Care Standards Commission.
F19. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
7 General duties of the Commission.
F20. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I68 General functions of the Assembly.
1
The Assembly shall have the general duty of encouraging improvement in the quality of Part II services provided in Wales.
2
The Assembly shall make information about Part II services provided in Wales available to the public.
F213
The Assembly shall have such additional functions in relation to Part II services provided in Wales as may be specified in regulations made by the Assembly.
F223A
But the functions which may be so specified do not include functions of making, confirming or approving subordinate legislation (as defined by section 158(1) of the Government of Wales Act 2006).
4
The Assembly may charge a reasonable fee determined by it in connection with the exercise of any power conferred on it by or under this Act.
5
The Assembly may provide training for the purpose of assisting persons to attain standards set out in any statements published by it under section 23.
F236
The Assembly must have particular regard to the need to safeguard and promote the rights and welfare of children in the exercise of—
a
its functions exercisable by virtue of section 5(b) and subsections (1) to (3) of this section; and
F26F277
In this section, “Part II services” means services of the kind provided by persons registered under Part II F28. . .
9 Co-operative working.
F29. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I710 Inquiries.
1
F30. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
2
The appropriate Minister may cause an inquiry to be held into any matter connected with a service provided in or by an establishment or agency.
3
Before an inquiry is begun, the person causing the inquiry to be held may direct that it shall be held in private.
4
Where no direction has been given, the person holding the inquiry may if he thinks fit hold it, or any part of it, in private.
5
Subsections (2) to (5) of section 250 of the M3Local Government Act 1972 (powers in relation to local inquiries) shall apply in relation to an inquiry under this section as they apply in relation to a local inquiry under that section; and references in those provisions as so applied to a Minister shall be taken to include references to the Assembly.
6
F31. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
7
The report of the person who held the inquiry shall, unless the Minister who caused the inquiry to be held considers that there are exceptional circumstances which make it inappropriate to publish it, be published in a manner which that Minister considers appropriate.