News

New regulations on the running of children's homes have now been finalised, and will come into force on 1 April 2002. The regulations are made under the Care Standards Act 2000 and apply to England only. They replace the Children's Homes Regulations 1991, which were made under the Children Act 1989.

Regulation 3 excludes certain establishments from the definition of a children's home, including those providing short-term overnight care, holidays, or other activities for less than 28 days a year in relation to any one child, and a range of establishments providing accommodation for those aged 16 or over, unless they accommodate disabled children. Further education colleges and establishments for young offenders are also excluded.

Regulation 4 requires each home to have a statement of purpose consisting of the matters set out in Schedule 1, and a children's guide to the home. The home must be carried on in a manner which is consistent with the statement of purpose.

Regulations 6 to 10 make provision about the persons carrying on and managing the home, and require satisfactory information to be available in relation to the matters prescribed in Schedule 2. Where the provider is an organisation, it must nominate a responsible individual in respect of whom this information must be available. Regulation 7 prescribes the circumstances where a manager must be appointed for the home, and regulation 9 imposes general requirements in relation to the proper conduct of the home, and the need for appropriate training.

Part III makes provision about the conduct of children's homes, in particular, as to child protection, welfare, health, education and religious observance, arrangements for contact and visitors, the management of behaviour and the use of surveillance devices. Provision is also made about the staffing of homes, the fitness of workers, complaints and record keeping.

Part IV makes provision about the suitability of premises, and the fire precautions to be taken. Part V deals with the management of children's homes, including requirements on visiting the home, monitoring the quality of care provided by the home and financial arrangements. Part VI deals with miscellaneous matters including the giving of notices to the National Care Standards Commission and the handling of offences.

No prosecution may be brought unless the commission has first given the registered person a notice which sets out in what respect it is alleged he/she is not complying with a regulation, and what action the commission considers is necessary for him to take in order to comply. The notice must specify a time period for compliance, not exceeding three months.

Richard White

White and Sherwin solicitors