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STATUTORY RULES OF NORTHERN IRELAND


2005 No. 176

HEALTH AND PERSONAL SOCIAL SERVICES

The Children's Homes Regulations (Northern Ireland) 2005

  Made 25th March 2005 
  Coming into operation 1st April 2005 


ARRANGEMENT OF REGULATIONS


PART I

GENERAL
1. Citation and commencement
2. Interpretation
3. Excepted establishments
4. Statement of purpose and children's guide
5. Review of the statement of purpose and children's guide

PART II

REGISTERED PERSONS
6. Fitness of registered provider
7. Appointment of manager
8. Fitness of manager
9. Registered person - general requirements
10. Notification of offences

PART III

CONDUCT OF CHILDREN'S HOMES

CHAPTER 1

Welfare of Children
11. Promotion of welfare
12. Child's placement plan
13. Food provided for children
14. Provision of clothing, pocket money and personal necessities
15. Contact and access to communications
16. Behaviour management, discipline and restraint
17. Education, employment and leisure activity
18. Religious observance
19. Health needs of children
20. Medicines
21. Use of surveillance
22. Hazards and safety
23. Complaints and representations

CHAPTER 2

Staffing
24. Staffing of children's homes
25. Fitness of workers
26. Employment of staff

CHAPTER 3

Records
27. Children's case records
28. Other records
29. Notifiable events

PART IV

PREMISES
30. Fitness of premises
31. Fire precautions

PART V

MANAGEMENT OF HOMES
32. Visits by registered provider
33. Review of quality of care
34. Regulations and guidance
35. Financial position

PART VI

MISCELLANEOUS
36. Notice of absence
37. Notice of changes
38. Appointment of liquidators etc.
39. Death of registered person
40. Offences
41. Compliance with Regulations
42. Revocations

SCHEDULES

  Schedule 1. Matters to be included in the statement of purpose

  Schedule 2. Information and documents required in respect of persons seeking to carry on, manage or work at a children's home

  Schedule 3. Information to be included in children's case records

  Schedule 4. Other records with respect to children's homes

  Schedule 5. Events and notifications

  Schedule 6. Matters to be monitored by the registered person

The Department of Health, Social Services and Public Safety, in exercise of the powers conferred on it by Articles 9(4), 23(1), (2)(a) to (d), (f) to (j), (3), (4), (5)(a) and (c), (7)(a) to (h), (j), 25(1), 30, 31(1), 32(1), 48(1) to (3) of the Health and Personal Social Services (Quality, Improvement and Regulation) (Northern Ireland) Order 2003[
1], and of all other powers enabling it in that behalf, having consulted such persons as it considers appropriate as required by Article 23(8) of the Order, hereby makes the following Regulations:



PART I

GENERAL

Citation and commencement
     1. These Regulations may be cited as the Children's Homes Regulations (Northern Ireland) 2005 and shall come into operation on 1st April 2005.

Interpretation
    
2.  - (1) In these Regulations -

    (2) In these Regulations, references to employing a person include employing a person whether or not for payment, and whether under a contract of service or a contract for services, and allowing a person to work as a volunteer, and references to an employee or to a person being employed shall be construed accordingly.

Excepted establishments
     3.  - (1) For the purposes of the Order, establishments of the following descriptions are excepted from being a children's home -

    (2) For the purposes of calculating the period of 28 days mentioned in paragraph (1)(c), no account is to be taken of any period of 24 hours during which at least 9 hours are spent by a child in the care of his parent or relative, and day care is not provided for him during that time.

Statement of purpose and children's guide
     4.  - (1) The registered person shall compile in relation to the children's home a written statement which shall consist of a statement as to the matters listed in Schedule 1.

    (2) The registered person shall provide a copy of the statement of purpose to the Regulation and Improvement Authority and shall make a copy of it available upon request for inspection by -

and in this paragraph references to a child who is accommodated in the children's home include a child in respect of whom accommodation in the children's home is being considered.

    (3) The registered person shall produce a guide to the children's home which shall include -

    (4) The children's guide shall be produced in a form appropriate to the age, understanding and communication needs of the children to be accommodated in the home.

    (5) The registered person shall supply a copy of the children's guide to the Regulation and Improvement Authority and, on admission, to each child accommodated in the home.

    (6) Subject to paragraph (7), the registered person shall ensure that the children's home is at all times conducted in a manner which is consistent with its statement of purpose.

    (7) Nothing in paragraph (6) or in regulation 30 shall require or authorise the registered person to contravene -

Review of the statement of purpose and children's guide
    
5. The registered person shall -



PART II

REGISTERED PERSONS

Fitness of registered provider
    
6.  - (1) A person shall not carry on a children's home unless he is fit to do so.

    (2) A person is not fit to carry on a children's home unless the person -

    (3) The requirements are that -

    (4) A person shall not carry on a children's home if -

Appointment of manager
     7.  - (1) The registered provider shall appoint an individual to manage the children's home if -

    (2) Where the registered provider appoints a person to manage the children's home, he shall forthwith give notice to the Regulation and Improvement Authority of -

Fitness of manager
    
8.  - (1) A person shall not manage a children's home unless he is fit to do so.

    (2) A person is not fit to manage a children's home unless -

Registered person - general requirements
    
9.  - (1) The registered provider and the registered manager shall, having regard to the size of the children's home, its statement of purpose, and the number and needs (including any needs arising from any disability) of the children accommodated there, carry on or manage the home (as the case may be) with care, competence and skill.

    (2) If the registered provider is -

from time to time such training as is appropriate to ensure that he has the experience and skills necessary for carrying on the children's home.

    (3) The registered manager shall undertake from time to time such training as is appropriate to ensure that he has the experience and skills necessary for managing the children's home.

Notification of offences
    
10. Where the registered person or the responsible individual has criminal charges pending or is convicted of any criminal offence, whether in Northern Ireland or elsewhere, he shall forthwith give notice in writing to the Regulation and Improvement Authority of -



PART III

CONDUCT OF CHILDREN'S HOMES



CHAPTER 1

Welfare of Children

Promotion of welfare
    
11.  - (1) The registered person shall ensure that the children's home is conducted so as to -

    (2) The registered person shall make arrangements to ensure that the home is conducted -

Child's placement plan
    
12.  - (1) The registered person shall consult with the child's placing authority before providing accommodation for a child in a children's home, or if that is not reasonably practicable, as soon as possible thereafter, to ensure a written plan has been prepared for the child setting out, in particular -

    (2) The registered person shall contribute to the placing authority's review and revision of the placement plan as necessary.

    (3) In contributing to the preparation or review of the placement plan the registered person shall, so far as practicable having regard to the child's age and understanding, seek and take account of his views.

    (4) The registered person shall so far as is reasonably practicable -

Food provided for children
    
13.  - (1) The registered person shall ensure that children accommodated in a children's home are provided with -

    (2) The registered person shall ensure that any special dietary need of a child accommodated in the home, which is due to his health, religious persuasion, racial origin or cultural background, is met.

Provision of clothing, pocket money and personal necessities
    
14.  - (1) The registered person shall ensure that the needs and reasonable preferences of each child accommodated in the home for clothing including footwear, and personal necessities are met.

    (2) The registered person shall provide children accommodated in the home with such sums of money in respect of their occasional personal expenses as is appropriate to their age and understanding.

Contact and access to communications
    
15.  - (1) The registered person shall -

    (2) The persons are -

    (3) In the case of a home in respect of which a certificate under Article 70 of the Children Order[14] (refuges for children at risk) is in force, the facilities may be at a different address.

    (4) Subject to paragraphs (6) and (8), the registered person shall ensure that children accommodated in the home are provided at all reasonable times with access to the following facilities which they may use without reference to persons working in the home -

    (5) The registered person shall ensure that any disabled child accommodated in the home is provided with access to such aids, equipment and support which he may require as a result of his disability in order to facilitate his communication with others.

    (6) The registered person may (subject to paragraphs (7) and (8)) impose such restriction, prohibition or condition upon a child's contact with any person under paragraph (1) or access to communications under paragraph (4) which he is satisfied is necessary for the purpose of safeguarding or promoting the welfare of the child in question.

    (7) No measure may be imposed by the registered person in accordance with paragraph (6) unless -

    (8) This regulation is subject to the provisions of any relevant order of the court or any relevant order of the Court made under the Children Order relating to contact between the child and any person.

Behaviour management, discipline and restraint
     16.  - (1) No measure of control, restraint, seclusion or discipline, which is contrary to paragraph (3), shall be used at any time on children accommodated in a children's home.

    (2) The registered manager shall ensure that within 24 hours of the use of any measure of control, restraint or discipline in a children's home, a written record is made in a volume kept for the purpose which shall include -

    (3) Subject to paragraph (4), the following shall not be used as disciplinary measures on children accommodated in a children's home -

    (4) Nothing in this regulation shall prohibit -

Education, employment and leisure activity
    
17.  - (1) The registered person shall promote the educational attainment of children accommodated in a children's home, in particular by ensuring that -

    (2) The registered person shall ensure that children accommodated in the home are -

    (3) Where any child in a children's home has attained the age where he is no longer required to receive compulsory full-time education, the registered person shall assist with the making of, and give effect to, the arrangements made for his education, training and employment.

Religious observance
    
18. The registered person shall ensure that each child accommodated in a children's home is enabled, so far as practicable -

the religious persuasion to which he belongs.

Health needs of children
    
19.  - (1) The registered person shall promote and protect the health of the children accommodated in a children's home.

    (2) In particular the registered person shall ensure that -

Medicines
    
20.  - (1) The registered person shall make arrangements for the recording, handling, safekeeping, safe administration and disposal of any medicines received into the children's home.

    (2) In particular the registered person shall ensure, subject to paragraph (3), that -

    (3) Paragraph (2) does not apply to a medicine which -

    (4) In this regulation, "prescribed" means -

Use of surveillance
     21. Subject to any requirements for electronic monitoring imposed by a court under any statutory provision, the registered person shall ensure that electronic or mechanical monitoring devices for the surveillance of children are not used in a children's home, except for the purpose of safeguarding and promoting the welfare of the child concerned, or other children accommodated in the children's home, and where the following conditions are met -

Hazards and safety
    
22. The registered person shall ensure that -

and shall make arrangements for persons working at the children's home to be trained in first aid.

Complaints and representations
    
23.  - (1) Subject to paragraph (8), the registered person shall establish a written procedure for considering complaints made by or on behalf of children accommodated in the home.

    (2) The procedure shall, in particular, provide -

    (3) A copy of the procedure shall be supplied on request to any of the persons mentioned in paragraph (2)(e).

    (4) The copy of the procedure supplied under paragraph (3) shall include -

    (5) The registered person shall ensure that a written record is made of any complaint, the action taken in response, and the outcome of the investigation.

    (6) The registered person shall ensure that -

    (7) The registered person shall supply to the Regulation and Improvement Authority at its request a statement containing a summary of any complaints made during the preceding twelve months and the action that was taken.

    (8) This regulation (apart from paragraph (6)) does not apply to any matter to which the Representations Procedure (Children) Regulations (Northern Ireland) 1996 applies.



CHAPTER 2

Staffing

Staffing of children's homes
    
24.  - (1) The registered person shall ensure that there is at all times, having regard to -

a sufficient number of suitably qualified, competent and experienced persons working at the children's home.

    (2) The registered person shall ensure that the employment of any persons on a temporary basis at the children's home will not prevent children from receiving such continuity of care as is necessary to meet their needs.

Fitness of workers
    
25.  - (1) The registered person shall not -

    (2) This paragraph applies to any person who is employed by a person other than the registered person to work at the children's home in a position in which he may in the course of his duties have regular contact with children accommodated there.

    (3) For the purposes of paragraph (1), a person is not fit to work at a children's home unless -

    (4) The registered person shall ensure that -

    (5) Where the following conditions apply, the registered person may permit a person to start work at a children's home notwithstanding paragraph (4)(b) -

    (6) The registered person shall take reasonable steps to ensure that any person working at the children's home who is not employed by him and to whom paragraph (2) does not apply, is appropriately supervised while carrying out his duties.

Employment of staff
     26.  - (1) The registered person shall -

    (2) The registered person shall operate a disciplinary procedure which, in particular -

    (3) For the purposes of paragraph (2)(b), an appropriate person is the registered person, an officer of the Regulation and Improvement Authority or of the HSS trust in whose area the home is situated, or a police officer.

    (4) The registered person shall ensure that all persons employed by him -



CHAPTER 3

Records

Children's case records
    
27.  - (1) The registered person shall maintain in respect of each child who is accommodated in a children's home a record in permanent form which -

    (2) The record mentioned in paragraph (1) may not be disclosed to any person except in accordance with -

    (3) The record mentioned in paragraph (1) shall be -

for at least seventy-five years from the date of birth of the child to whom it relates or, if the child dies before attaining the age of 18, for a period of fifteen years from the date of his death.

Other records
    
28.  - (1) The registered person shall maintain in the children's home the records specified in Schedule 4 and ensure that they are kept up to date, are accurate and necessary.

    (2) The records referred to in paragraph (1) shall be retained for at least fifteen years from the date of the last entry, except for records of menus, which need be kept only for one year.

Notifiable events
    
29  - (1) If, in relation to a children's home, any of the events listed in column 1 of the table in Schedule 5 takes place, the registered person shall without delay notify the persons indicated in respect of the event in column 2 of the table.

    (2) The registered person shall take steps to notify the placing authority without delay to enable notification to be provided to the parent of any child accommodated in the home of any significant incident affecting the child's welfare unless to do so is not reasonably practicable or would place the child's welfare at risk.

    (3) Any notification made in accordance with this regulation which is given orally shall be confirmed in writing.



PART IV

PREMISES

Fitness of premises
    
30.  - (1) The registered provider shall ensure that the premises used for the purposes of a children's home are of a physical design and layout suitable for the purpose of achieving the aims and objectives set out in the home's statement of purpose.

    (2) The registered person shall ensure that all parts of the children's home are -

    (3) The registered person shall ensure that the children's home is kept free from offensive odours and make arrangements for the disposal of general and clinical waste.

    (4) The registered person shall ensure that there are within the children's home for use by children accommodated there in conditions of appropriate privacy -

for the number and sex of children accommodated.

    (5) The registered person shall provide for the number and needs of children accommodated in the children's home -

    (6) The registered person shall ensure that there are within a children's home adequate facilities for laundering linen and clothing, and, for children wishing to do so, to wash, dry and iron their own clothes.

    (7) The registered person shall ensure that there is provided within a children's home -

    (8) The registered person shall ensure that each child is provided with sleeping accommodation which is -

    (9) The registered person shall ensure that no child shares a bedroom -

    (10) The registered person shall provide for persons working at the children's home -

    (11) Where part of a children's home is used as secure accommodation as defined in the Children (Secure Accommodation) Regulations (Northern Ireland) 1996[18], care must be taken to ensure the restriction of liberty of any child does not impinge on the liberty or wellbeing of other children accommodated at the children's home.

Fire precautions
     31. The registered person shall have in place a current risk assessment and fire management plan that is revised and actioned as necessary or whenever the fire risk has changed, and shall -



PART V

MANAGEMENT OF HOMES

Visits by registered provider
    
32.  - (1) Where the registered provider is an individual, but is not in day to day charge of the children's home, he shall visit the home in accordance with this regulation.

    (2) Where the registered provider is an organisation or a partnership, the home shall be visited in accordance with this regulation by -

    (3) Visits under paragraph (1) or (2) shall take place at least once a month and may be unannounced.

    (4) The person carrying out the visit shall -

    (5) The registered provider shall supply a copy of the report required to be made under paragraph (4)(c) to -

Review of quality of care
    
33.  - (1) The registered person shall establish and maintain a system for -

    (2) The registered person shall supply to the Regulation and Improvement Authority and the placing authority a report in respect of any review conducted by him for the purposes of paragraph (1), and make a copy of the report available on request to children accommodated in the home and their parents or the Commissioner.

    (3) The system referred to in paragraph (1) shall provide for consultation with children accommodated in the home, their parents and placing authorities.

Regulations and guidance
    
34. The registered person shall ensure that a copy of these Regulations (and of any amendments to them) and of the statement of national minimum standards applicable to children's homes published by the Department under Article 38(1) of the Order are kept in the home and made available on request to -

Financial position
    
35.  - (1) The registered provider shall carry on the children's home in such manner as is likely to ensure that the home will be financially viable for the purpose of achieving the aims and objectives set out in its statement of purpose.

    (2) The registered person shall -

    (3) The registered person shall provide the Regulation and Improvement Authority with such information as it may require for the purpose of considering the financial viability of the children's home, including -

    (4) In this regulation a company is an associated company of another if one of them has control of the other or both are under the control of the same person.



PART VI

MISCELLANEOUS

Notice of absence
    
36.  - (1) Where -

proposes to be absent from the home for a continuous period of 28 days or more, the registered person shall give notice in writing to the Regulation and Improvement Authority of the proposed absence.

    (2) Except in the case of an emergency, the notice referred to in paragraph (1) shall be given no later than one month before the proposed absence commences, or within such shorter period as may be agreed with the Regulation and Improvement Authority and the notice shall specify with respect to the proposed absence -

    (3) Where the absence arises as a result of an emergency, the registered person shall give notice of the absence within one week of its occurrence specifying the matters mentioned in sub-paragraphs (a) to (e) of paragraph (2).

    (4) Where -

has been absent from the children's home for a continuous period of 28 days or more, and the Regulation and Improvement Authority has not been given notice of the absence, the registered person shall without delay give notice in writing to the Regulation and Improvement Authority specifying the matters mentioned in sub-paragraphs (a) to (e) of paragraph (2).

    (5) The registered person shall notify the Regulation and Improvement Authority of the return to duty of the registered provider or (as the case may be) the registered manager not later than 7 days after the date of his return.

Notice of changes
    
37. The registered person shall give notice in writing to the Regulation and Improvement Authority as soon as it is practicable to do so if any of the following events take place or are proposed to take place -

Appointment of liquidators etc.
    
38.  - (1) Any person to whom paragraph (2) applies shall -

    (2) This paragraph applies to any person appointed as -

Death of registered person
    
39.  - (1) If more than one person is registered in respect of a children's home, and a registered person dies, the other registered person shall without delay notify the Regulation and Improvement Authority of the death in writing.

    (2) If only one person is registered in respect of a children's home, and he dies, his personal representatives shall notify the Regulation and Improvement Authority in writing -

    (3) The personal representatives of the deceased registered provider may carry on the home without being registered in respect of it -

    (4) The Regulation and Improvement Authority may extend the period specified in paragraph (3)(a) by such further period, not exceeding one year, as the Regulation and Improvement Authority shall determine and shall notify any such determination to the personal representatives in writing.

    (5) The personal representatives shall appoint a person to take full-time day to day charge of the home during any period in which in accordance with paragraph (3), they carry on the children's home without being registered in respect of it.

Offences
    
40.  - (1) A contravention of the provisions of regulations 4 to 37 shall be an offence.

    (2) The Regulation and Improvement Authority shall not bring proceedings against a person in respect of any contravention of those regulations unless -

    (3) Where the Regulation and Improvement Authority considers that the registered person has contravened any of the provisions of the regulations mentioned in paragraph (1), it may serve a notice on the registered person specifying -

    (4) The Regulation and Improvement Authority may bring proceedings against a person who was once, but no longer is, a registered person, in respect of a failure to comply with regulation 27(3) or 28(2) and for this purpose, references in paragraphs (2) and (3) to a registered person shall be taken to include such a person.

Compliance with Regulations
    
41. Where there is more than one registered person in respect of a children's home, anything which is required under these Regulations to be done by the registered person shall, if done by one of the registered persons, not be required to be done by any of the other registered persons.

Revocations
    
42. The following Regulations are revoked -



Sealed with the Official Seal of the Department of Health, Social Services and Public Safety on


25th March 2005.

L.S.


N. McCann
A senior officer of the Department of Health, Social Services and Public Safety


SCHEDULE 1
Regulation 4(1)


MATTERS TO BE INCLUDED IN THE STATEMENT OF PURPOSE


     1. A statement of the overall aims of the children's home, and the objectives to be attained with regard to children accommodated in the home.

     2. A statement of the facilities and services to be provided for the children accommodated in the children's home.

     3. The name and address of the registered provider, and of the registered manager if applicable.

     4. The relevant qualifications and experience of the registered provider and, if applicable, the registered manager.

     5. The number, relevant qualifications and experience of persons working at the children's home, and if the workers are all of one sex, a description of the means whereby the home will promote appropriate role models of both sexes.

     6. The arrangements for the supervision, training and development of employees.

     7. The organisational structure of the children's home.

     8. The following particulars -

     9. Any criteria used for admission to the home, including the home's policy and procedures for emergency admissions, if the home provides for emergency admissions.

     10. If the children's home provides or is intended to provide accommodation for more than eight children, a description of the positive outcomes intended for children in a home of such a size, and of the home's strategy for counteracting any adverse effects arising from its size, on the children accommodated there.

     11. A description of the children's home's underlying ethos and philosophy, and where this is based on any theoretical or therapeutic model, a description of that model.

     12. The arrangements made to protect and promote the health of the children accommodated at the home.

     13. The arrangements for the promotion of the education of the children accommodated there, including the facilities for private study.

     14. The arrangements to promote children's participation in recreational, sporting and cultural activities.

     15. The arrangements made for consultation with the children accommodated about their future care and the operation of the children's home.

     16. The arrangements made for the control, restraint and discipline of children.

     17. The arrangements made for child protection and to counter bullying.

     18. The procedure for dealing with any unauthorised absence of a child from the children's home.

     19. A description of any electronic or mechanical means of surveillance of children which may be used in the children's home.

     20. The fire precautions and associated emergency procedures in the children's home.

     21. The arrangements for the children's religious observance.

     22. The arrangements for contact between a child and his parents, relatives and friends.

     23. The arrangements for dealing with complaints.

     24. The arrangements for contributing to the review of placement plans under Article 45 of the Children Order.

     25. The type of accommodation, including the sleeping accommodation, provided, and, where applicable, how children are to be grouped, and in what circumstances they are to share bedrooms.

     26. Details of any specific therapeutic techniques used in the home, and arrangements for their supervision.

     27. A description of the children's home's policy in relation to anti-discriminatory practice as respects children and children's rights.



SCHEDULE 2
Regulations 6, 8, 25


INFORMATION AND DOCUMENTS 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.

     2. Either -

including, where applicable, the matters specified in sections 113(3EA) and 115(6EA) of that Act[22] and section 113(3EC)(a) and (b) and section 115(6EB)(a) and (b) of that Act[23].

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

     4. Where a person has previously worked in a position whose duties involved work with children or vulnerable adults, so far as reasonably practicable verification of the reason why the employment or position ended.

     5. Documentary evidence of any relevant qualifications and accredited training.

     6. A full employment history, together with a satisfactory written explanation of any gaps in employment.

     7. In respect of a registered manager to whom regulation 8(2) applies or anyone who is a member of the care staff of a children's home, confirmation of current registration on a relevant register.



SCHEDULE 3
Regulation 27(1)


INFORMATION TO BE INCLUDED IN THE CASE RECORDS OF CHILDREN ACCOMMODATED IN CHILDREN'S HOMES


     1. The child's name and any name by which the child has previously been known, other than a name used by the child prior to adoption.

     2. The child's date of birth and sex.

     3. The child's religious persuasion, if any.

     4. A description of the child's racial origin, cultural and linguistic background.

     5. The child's address immediately prior to entering the home.

     6. The name, address and telephone number of the child's placing authority.

     7. The statutory provision (if any) under which he is provided with accommodation.

     8. The name, address, telephone number and the religious persuasion, if any, of the child's parents.

     9. The name, address and telephone number of any social worker for the time being assigned to the child by the placing authority.

     10. The date and circumstances of all absences of the child from the home, including whether the absence was authorised and any information relating to the child's whereabouts during the period of absence.

     11. The date of, and reason for, any visit to the child whilst in the home.

     12. A copy of any statement of special educational needs maintained in relation to the child under Article 16 of the Education (Northern Ireland) Order 1996[
24] (statement of special educational needs), with details of any such needs.

     13. The date and circumstances of any measures of control, restraint or discipline used on the child.

     14. Any special dietary or health needs of the child.

     15. The name, address and telephone number of any school or college attended by the child, and of any employer of the child.

     16. Every school report received in respect of the child while accommodated in the home.

     17. Arrangements for, including any restrictions on, contact between the child, his parents, and any other person.

     18. A copy of any plan for the care of the child prepared by his placing authority, and of the placement plan.

     19. The date and result of any review of the placing authority's plan for the care of the child, or of his placement plan and details of the outcome in terms of the child's progress.

     20. The name and address of the general practitioner with whom the child is registered, and of the child's dental practitioner.

     21. Details of any accident or serious illness involving the child while accommodated in the home.

     22. Details of any immunisation, allergy, or medical examination of the child and of any medical or dental need or treatment of the child.

     23. Details of any health examination or developmental test conducted with respect to the child at or in connection with his school.

     24. Details of any medicines kept for the child in the home, including any medicines which the child is permitted to administer to himself, and details of the administration of any medicine to the child.

     25. The dates on which any money or valuables are deposited by or on behalf of a child for safekeeping, and the dates on which any money is withdrawn, and any valuables are returned.

     26. The address, and type of establishment or accommodation, to which the child goes when he ceases to be accommodated in the home.

     27. Agreed personal development and training activities.

     28. Record of search of child's person or property.



SCHEDULE 4
Regulation 28(1)


OTHER RECORDS WITH RESPECT TO CHILDREN'S HOMES


     1. A record in the form of a register showing in respect of each child accommodated in a children's home -

     2. A record showing in respect of each person working at the home -

     3. A record of any persons who reside or work at any time at the children's home, who are not mentioned in the records kept in accordance with paragraph 1 or 2.

     4. A record of all accidents occurring in the children's home, or to children whilst accommodated by the home.

     5. A record of the receipt, disposal and administration of any medicine to any child.

     6. A record of every fire drill, fire alarm test conducted or checks in fire equipment, with details of any deficiency in either the procedure or the equipment concerned, together with details of the steps taken to remedy that deficiency.

     7. A record of all money deposited by a child for safekeeping, together with the date on which that money was withdrawn, or the date of its return.

     8. A record of all valuables deposited by a child and the date of their return.

     9. Records of all accounts kept in the children's home.

     10. A record of menus served.

     11. A copy of the staff duty roster of persons working at the children's home, and a record of the actual rosters worked.

     12. A daily log of events occurring in the home.

     13. A record of all visitors to the home and to children accommodated in the home, including the names of visitors and the reasons for the visit.



SCHEDULE 5
Regulation 29(1)


EVENTS AND NOTIFICATIONS


Column 1 Column 2
Event: To be notified to:
     Regulation and Improvement Authority Placing authority Department of Health, Social Services and Public Safety HSS trust in whose area the home is located Police Director of Public Health[25] of the HSS Board
Death of a child accommodated in the home Yes Yes Yes Yes      Yes
Referral to the Department pursuant to Article 4(1)(a) of the Protection of Children and Vulnerable Adults (Northern Ireland) Order 2003[26] of an individual working at the home Yes Yes Yes           Yes
Serious illness or serious accident sustained by a child accommodated in the home Yes Yes                    
Outbreak of any infectious disease which in the opinion of a registered medical practitioner attending children at the home is sufficiently serious to be so notified Yes Yes                Yes
Allegation that a child accommodated at the home has committed a serious offence Yes Yes Yes      Yes (follow-ing con-sultation with the placing authority)     
Involvement or suspected involvement of a child accommodated at the home in sexual exploitation Yes Yes      Yes Yes (follow-ing con-sultation with the placing authority)     
Serious incident necessitating calling the police to the home Yes Yes           Yes     
Absconding by a child accommodated at the home      Yes           Yes     
Any serious complaint about the home or persons working there Yes Yes Yes               
Instigation and outcome of any child protection enquiry involving a child accommodated at the home Yes Yes           Yes (follow-ing con-sultation with the placing authority)     
Any serious adverse event as defined in accordance with Departmental guidance           Yes               



SCHEDULE 6
Regulation 33(1)


MATTERS TO BE MONITORED BY THE REGISTERED PERSON


     1. In respect of each child accommodated in the children's home, compliance with the placing authority's plan for the care of the child (where applicable) and the placement plan.

     2. The deposit and issue of money and other valuables handed in for safekeeping.

     3. Daily menus.

     4. All accidents and injuries sustained in the home or by children accommodated there.

     5. Any illnesses of children accommodated in the home.

     6. Complaints in relation to children accommodated in the home and their outcomes.

     7. Any allegations or suspicions of abuse in respect of children accommodated in the home and the outcome of any investigation.

     8. Staff recruitment records and conduct of required checks for new workers in the home.

     9. Visitors to the home and to children in the home.

     10. Notifications of the events listed in Schedule 5.

     11. Any unauthorised absence from the home of a child accommodated there.

     12. The use of measures of control, restraint and discipline in respect of children accommodated in the home.

     13. Risk assessments for health and safety purposes and subsequent action taken.

     14. Medicines, medical treatment and first aid administered to any child accommodated in the home.

     15. Duty rosters of persons working at the home, and the rosters actually worked.

     16. The home's daily log of events.

     17. Fire drills and tests of alarms and of fire equipment.

     18. Records of appraisals of employees and the training and development plan.

     19. Minutes of staff meetings.

     20. Records of educational progress and attainment of children accommodated in the children's home.



EXPLANATORY NOTE

(This note is not part of the Regulations.)


These Regulations are made under the Health and Personal Social Services (Quality, Improvement and Regulation) (Northern Ireland) Order 2003 ("the Order"). Part II of the Order establishes, the Northern Ireland Health and Personal Social Services Regulation and Improvement Authority ("the Regulation and Improvement Authority") and Part III provides for the registration and inspection of establishments and agencies, including children's homes, by the Regulation and Improvement Authority. It also provides powers for regulations governing the conduct of establishments and agencies. The majority of Parts II and III of the Order (in so far as not already in operation) will be brought into operation on 1st April 2005.

These new arrangements replace the regulatory system in relation to children's homes provided for by the Children (Northern Ireland) Order 1995, and these Regulations supersede the Children's Homes Regulations (Northern Ireland) 1996 (as amended).

Regulation 3 excludes certain establishments from the definition of a children's home under Article 9 of the Order. These include establishments providing short-term overnight care, holidays, or other activities for less than 28 days a year in relation to any one child, and a wide range of establishments providing accommodation for those aged 16 or over, unless in either case, the establishment mainly accommodates children who are disabled. Further education colleges and establishments for young offenders are also excluded.

By regulation 4, each home must 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 6). 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 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, and the fitness of workers, and about complaints, record keeping and notification of the events listed in Schedule 5.

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. Regulation 32 requires the registered provider to visit the home as prescribed, and regulation 33 requires the registered person to monitor the matters set out in Schedule 6 relating to the quality of care provided by the home. Regulation 35 imposes requirements relating to the home's financial position.

Part VI deals with miscellaneous matters including the giving of notices to the Regulation and Improvement Authority. Regulation 40 provides for offences. A breach of the regulations specified in regulation 40 may found an offence on the part of the registered person. However, no prosecution may be brought unless the Regulation and Improvement Authority has first given the registered person a notice which sets out in what respect it is alleged he is not complying with a regulation, and what action the Regulation and Improvement Authority considers it is necessary for him to take in order to comply. The notice must specify a time period for compliance, not exceeding three months.


Notes:

[1] S.I. 2003/431 (N.I. 9)back

[2] 2001 c. 3 (N.I.)back

[3] S.I. 1995/755 (N.I. 2)back

[4] S.I. 2003/439 (N.I. 11)back

[5] S.I. 1987/2203 (N.I. 22)back

[6] S.I. 2002/253back

[7] See Article 75 of the Children (Northern Ireland) Order 1995back

[8] S.I. 1997/1772 (N.I. 15)back

[9] S.I. 1982/713 (N.I. 10)back

[10] 1968 c. 29; section 2 was amended by Article 13 of the Treatment of Offenders (Northern Ireland) Order 1989 (S.I. 1989/1344 (N.I. 9)), and paragraph 2 of Schedule 5 to the Criminal Justice (Children) (Northern Ireland) Order 1998 (S.I. 1998/1504 (N.I. 9))back

[11] See section 9 of the 2001 Actback

[12] S.R. 1996 No. 478back

[13] S.R. 1996 No. 451back

[14] Article 70(1) is amended by Schedule 4 to the Health and Personal Social Services (Quality, Improvement and Regulation) (Northern Ireland) Order 2003 with effect from 1st April 2005back

[15] S.I. 1972/1265 (N.I. 14)back

[16] 1968 c. 67; as amended by paragraph 7 of Part II of Schedule 2 to the Medicines (Specified Articles and Substances) Order 1976 (S.I. 1976/968)back

[17] See S.R. 2003 No. 139 for description of social care worker for the purposes of registrationback

[18] S.R. 1996 No. 487back

[19] S.R. 1996 No. 479back

[20] S.R. 1999 No.100, to which there are amendments not relevant to these Regulationsback

[21] 1997 c. 50. A position is within section 115(3) if it involves regularly caring for, training, supervising or being in sole charge of persons aged under 18. A position is within section 115(4) if it is of a kind specified in regulations and involves regularly caring for, training, supervising or being in sole charge of persons aged 18 or overback

[22] Sections 113(3EA) and 115(6EA) are inserted by the Protection of Children and Vulnerable Adults (Northern Ireland) Order 2003 (S.I. 2003/417 (N.I. 4))back

[23] Sections 113(3EC) and 115(6EB) are inserted by the Protection of Children and Vulnerable Adults (Northern Ireland) Order 2003back

[24] S.I. 1996/274 (N.I. 1)back

[25] Article 32 of the Health and Personal Social Services (Northern Ireland) Order 1991 (S.I. 1991/194 (N.I. 1)) provides that the Chief Administrative Medical Officer of a Health and Social Services Board shall be known as the Director of Public Healthback

[26] S.I. 2003/417 (N.I. 4), Art. 4(1) came into operation with effect from 30th November 2004back



ISBN 0 337 95964 1


 © Crown copyright 2005

Prepared 20 April 2005


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