Part 2 E+WFunctions in relation to children and young persons

Enforcement of care standards E+W

26 Power of Chief Inspector where person is failing to comply with requirement relating to children's home etc. E+W

(1) In section 14(1) of the 2000 Act (cancellation of registration) after paragraph (c) insert—

“(ca) on the ground that—

(i) a notice under section 22A relating to the establishment or agency has been served on that person or any other person; and

(ii) the person on whom the notice was served has failed to take the steps specified in that notice within the period so specified;”.

(2) After section 22 of that Act insert—

“22A Power of CIECSS to serve notice where person is failing to comply with regulations

(1) This section applies if—

(a) a person (“P”) is registered in respect of a relevant establishment or agency; and

(b) the CIECSS is of the opinion that P is failing or has failed to comply with a requirement imposed on P in relation to that establishment or agency.

(2) The CIECSS may serve a compliance notice on P.

(3) A compliance notice is a notice which—

(a) states that the CIECSS is of the opinion mentioned in subsection (1)(b);

(b) specifies the requirement with which the CIECSS considers P is failing or has failed to comply;

(c) specifies how the CIECSS considers that P is failing or has failed to comply with that requirement;

(d) specifies the establishment or agency in relation to which the CIECSS considers P is failing or has failed to comply with that requirement;

(e) specifies the steps the CIECSS considers need to be taken by P in relation to that establishment or agency to comply with that requirement or (as the case may be) to prevent a recurrence of the failure to comply with that requirement;

(f) specifies a period for the taking of those steps; and

(g) explains the effect of subsections (4) and (5).

(4) Failing to take the steps specified in a compliance notice within the period so specified is an offence.

(5) A person guilty of an offence under subsection (4) is liable on summary conviction to a fine not exceeding level 5 on the standard scale.

(6) In this section—

(a) a “relevant establishment or agency” means an establishment or agency in relation to which the functions of the registration authority under section 13 are exercisable by the CIECSS;

(b) references to a “requirement” are references to a requirement imposed by regulations under—

(i) section 22;

(ii) section 9 of the Adoption Act 1976; or

(iii) section 9 of the Adoption and Children Act 2002.”

Commencement Information

I1 S. 26 in force at 1.4.2010 for E. by S.I. 2009/3354, art. 3(2)(a)