The Children's Homes (England) Regulations 2015

Regulations 26, 28, and 32

SCHEDULE 2 E+W Information 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. E+W

2.  Either— E+W

(a) where the position falls within regulation 5A of the Police Act 1997 (Criminal Records) Regulations 2002 M1 , an enhanced criminal record certificate issued under section 113B of the Police Act 1997 M2 which includes, where applicable, suitability information relating to—

(i) children (within the meaning of section 113BA(2) of the Police Act 1997 M3 );

(ii) vulnerable adults (within the meaning of section 113BB(2) of the Police Act1997 M4 ); or

(b) in any other case, a criminal record certificate issued under section 113A of the Police Act 1997 M5 .

Marginal Citations

M1 S.I. 2002/233. Regulation 5A of S.I. 2002/233 was inserted by S.I. 2006/748 and was amended by: S.I. 2007/1982; 2008/2143; 2009/1882; 2010/817; 2012/2114; 2012/3006; 2012/3016; 2013/1194; 2013/2669 and 2014/955.

M2 1997 c.50 (“the 1997 Act”). Section 113B of the 1997 Act was inserted by section 163(2) of the Serious Organised Crime and Police Act 2005 (c.15, “the 2005 Act”). Section 113B of the 1997 Act was amended by: paragraph 14 of Schedule 9 to the SVGA 2006; paragraph 149 of Schedule 16 to the Armed Forces Act 2006 (c.52); S.I. 2009/203; Part 8 of Schedule 8 to the PCA 2009; sections 79, 80, 82 and 115 of, and Schedules 9 and 10 to, the PoFA 2012; S.I. 2012/3006; and paragraph 60 of Schedule 8 to the Crime and Courts Act 2013 (c.22). There are other amendments to section 113B of the 1997 Act, but none are relevant to these Regulations.

M3 Section 113BA of the 1997 Act was inserted, in relation to England, Wales and Northern Ireland, by section 63 of, and paragraph 14 of Schedule 9 to, the SVGA 2006 and was amended by: Schedule 10 to the PoFA 2012; Section 170 of the Education and Inspections Act 2006 (c.40) and Schedule 1 to the Education and Skills Act 2008 (c.25).

M4 Section 113BB of the 1997 Act was inserted by section 63 of, and paragraph 14 of Schedule 9 to, the SVGA 2006 and was amended by Schedule 10 to the PoFA 2012.

M5 Section 113A of the 1997 Act was inserted by section 163 of the 2005 Act. Section 113A of the 1997 Act was amended by: section 50 of the CJIA 2008; S.I. 2009/203; section 97(2) of, and Schedule 8 to, the PCA 2009; sections 79, 80 and 115 of, and Schedules 9 and 10 to, the PoFA 2012; S.I. 2012/3006 and 2013/1200. There are other amendments to section 113A of the 1997 Act, but none are relevant to these Regulations.

3.  Two written references, including a reference from the person's most recent employer, if any. E+W

4.  If a person has previously worked in a position involving work with children or vulnerable adults, verification so far as reasonably practicable of the reason why the employment or position ended. E+W

5.  Documentary evidence of any qualifications which the person considers relevant for the position. E+W

6.  A full employment history, together with a satisfactory explanation of any gaps in employment, in writing. E+W