The Care Standards and Adoption (Regulation of Establishments, Agencies and Adult Placement Schemes) (Amendment) Regulations 2009

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations update references in the Police Act 1997 (c. 50) in provisions contained in various sets of regulations made under the Care Standards Act 2000 (c. 14) and the Adoption and Children Act 2002 (c.38). The Regulations that are amended relate to children’s homes, residential family homes, fostering agencies, adoption support agencies, care homes, nurses agencies, domiciliary care agencies, private and voluntary health care establishments and agencies and adult placement schemes.

The amendments are made in order to reflect changes that have been brought about following amendments that made to the Police Act 1997 by the Safeguarding Vulnerable Groups Act 2006 (c. 47). One of the changes is that information as to whether a person is barred from working with vulnerable groups (suitability information) will only be available in prescribed cases where an application for an enhanced criminal record certificate is made. Currently, such information is also available in specified circumstances with a standard criminal record certificate.

The majority of the amendments made in these Regulations relate to provisions that specify the information that must be available where a person intends to carry on, manage or work for the purposes of an agency or establishment in relation to which a person is required to register under Part 2 of the Care Standards Act 2000. The Regulations also include amendments that relate to provisions in the Adoption Agencies Regulations 2005 (S.I. 2005/389) which specify the checks that must be made by an adoption agency in respect of a prospective adopter and adult members of the prospective adopter’s household and similar provisions in the Fostering Services Regulations 2002 (S.I. 2002/57) in relation to checks on prospective foster parents and adult members of their household.

These Regulations also update similar references (to provisions in the Police Act 1997) in the National Care Standards Commission (Registration) Regulations 2001 (S.I. 2001/3969). These 2001 Regulations apply to adult, health and children-related establishments and agencies and govern the information and documents that must be provided when making an application to register under Part 2 of the Care Standards Act 2000.