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Statutory Rules of Northern Ireland


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STATUTORY RULES OF NORTHERN IRELAND


2007 No. 236

HEALTH AND PERSONAL SOCIAL SERVICES

The Residential Family Centres Regulations (Northern Ireland) 2007

  Made 4th April 2007 
  Coming into operation 30th April 2007 


ARRANGEMENT OF REGULATIONS


PART I

GENERAL
1. Citation, commencement and extent
2. Interpretation
3. Statement of purpose
4. Resident's guide
5. Information about fees
6. Review of statement of purpose and resident's guide

PART II

REGISTERED PERSONS
7. Fitness of registered provider
8. Appointment of registered manager
9. Fitness of registered manager
10. Registered person : general requirements
11. Registered person : notification of offences

PART III

CONDUCT OF RESIDENTIAL FAMILY CENTRES
12. Health and welfare of residents
13. Further requirements as to health and welfare
14. Arrangements for the protection of children
15. Placements
16. Facilities and services
17. Staffing of residential family centre
18. Fitness of workers
19. Employment of staff
20. Restrictions on acting for residents
21. Staff views as to conduct of residential family centre
22. Records
23. Complaints
24. Guidance for social care workers and health care professionals

PART IV

PREMISES
25. Fitness of premises
26. Fire precautions

PART V

MANAGEMENT
27. Review of quality of care
28. Financial position
29. Visits by registered provider

PART VI

MISCELLANEOUS
30. Notifiable events
31. Notice of absence
32. Notice of changes
33. Appointment of liquidators etc.
34. Notice of termination of accommodation
35. Death of registered person
36. Offences
37. Compliance with regulations

SCHEDULES

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

  Schedule 2. Information and documents to be obtained in respect of persons, carrying on, managing or working at a residential family centre

  Schedule 3. Records to be kept in a residential family centre in respect of each resident

  Schedule 4. Other records to be kept in a residential family centre

  Schedule 5. Events and notifications

The Department of Health, Social Services and Public Safety makes the following Regulations, in exercise of the powers conferred on it by Articles 2(2), 23(1), 23(2)(a) to (d),and (f) to (j), 23(5)(a) to (c), 23(7)(a) to (h) and (j), 25(1), 30, 31(1), 32 and 48 of the Health and Personal Social Services (Quality, Improvement and Regulation) (Northern Ireland) Order 2003[
1].

     In accordance with Article 23 (8) of that Order it has consulted with representatives whom it considers to be likely to be affected by the Regulations.



PART I

GENERAL

Citation, commencement and extent
     1. These Regulations may be cited as the Residential Family Centres Regulations (Northern Ireland) 2007 and shall come into operation on 30th April 2007.

Interpretation
    
2. —(1) In these Regulations—

and for the purpose of determining any such relationship a person's step-child shall be treated as his child, and references to "spouse" in relation to any person include a former spouse and a person who is living with the person as husband or wife and references to "civil partner" include a former civil partner and a person who is living with the person as if they were civil partners;

    (2) In these Regulations, save where otherwise provided, references to a child do not include a parent accommodated in a residential family centre who is under the age of 18.

    (3) 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.

Statement of purpose
     3. —(1) The registered person shall compile in relation to the residential family centre a written statement which shall consist of—

    (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 for inspection by every resident and any representative of a resident.

    (3) Nothing in regulation 16(1) or 25(1) shall require or authorise the registered person to contravene or fail to comply with—

Resident's guide
    
4. —(1) The registered person shall produce a written guide to the residential family centre which shall include—

    (2) The registered person shall also provide, on request, access to a copy of the most recent inspection report and information on how to access earlier inspection reports.

    (3) The registered person shall supply a copy of the resident's guide to the Regulation and Improvement Authority and each resident or their representative.

    (4) Where a HSS trust has made arrangements for the provision of accommodation with board and personal care to the resident at the centre, the registered person shall supply to the resident a copy of the agreement specifying the arrangements made.

Information about fees
    
5. —(1) The registered person shall provide each resident with a statement specifying—

    (2) The registered person shall notify the resident at least 28 days in advance of—

    (3) Where a HSS trust has made arrangements for the provision of residential accommodation with board and personal care at the residential family centre and the charge made exceeds the fee paid, the registered person shall in the individual written agreement—

Review of statement of purpose and resident's guide
    
6. The registered person shall—



PART II

REGISTERED PERSONS

Fitness of registered provider
    
7. —(1) A person shall not carry on a residential family centre unless he is fit to do so.

    (2) A person is not fit to carry on a residential family centre unless the person—

    (3) The requirements are that—

    (4) A person shall not carry on a residential family centre if—

Appointment of registered manager
    
8. —(1) The registered provider shall appoint an individual to manage a residential family centre if—

    (2) Where the registered provider appoints a person to manage the residential family centre, he shall forthwith give notice to the Regulation and Improvement Authority of—

Fitness of registered manager
    
9. —(1) A person shall not manage a residential family centre unless he is fit to do so.

    (2) A person is not fit to manage a residential family centre unless—

Registered person — general requirements
    
10. —(1) The registered provider and the registered manager shall, having regard to the size of the residential family centre, the statement of purpose, and the number and needs of the residents, carry on or manage the centre (as the case may be) with sufficient 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 residential family centre.

    (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 residential family centre.

Registered person — notification of offences
    
11. Where the registered person or the responsible individual 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 RESIDENTIAL FAMILY CENTRES

Health and welfare of residents
    
12. —(1) The registered person shall ensure that the residential family centre is conducted so as to—

    (2) The registered person shall, for the purpose of providing care to residents, and making proper provision for their health and welfare, so far as is practicable, ascertain and take into account their wishes and feelings.

    (3) The registered person shall make suitable arrangements to ensure that the residential family centre is conducted—

    (4) In complying with this regulation, the registered person shall, wherever there is a conflict between the interests of the members of a family, treat the welfare of the child in that family as paramount.

Further requirements as to health and welfare
    
13. —(1) The registered person shall make arrangements for residents—

    (2) The registered person shall make suitable arrangements for the ordering, storage, recording, handling, safe keeping, safe administration and disposal of medicines used in or for the purposes of the residential family centre to ensure that—

    (3) Paragraph (2) does not apply to medicine which—

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

    (5) The registered person shall make suitable arrangements to minimise the risk of infection and toxic conditions and the spread of infection between residents and staff.

    (6) The registered person shall ensure as far as reasonably practicable that—

    (7) The registered person shall make arrangements, by training persons employed at the residential family centre or by other measures, to prevent residents being harmed or suffering abuse or being placed at risk of harm or abuse.

    (8) The registered person shall ensure that no resident is subject to restraint unless restraint of the kind employed is the only practicable means of securing the welfare of that or any other resident and there are exceptional circumstances.

    (9) On any occasion on which a resident is subject to restraint, the registered person shall record the circumstances, including the nature of the restraint. These details should also be reported to the Regulation and Improvement Authority as soon as is practicable.

Arrangements for the protection of children
     14. —(1) The registered person shall prepare and implement a written child protection policy which—

    (2) The procedure under paragraph (1)(b) must in particular provide for—

    (3) In this regulation—

    (4) The registered person shall prepare and implement a written policy for the prevention of bullying in the residential family centre which includes, in particular, a procedure for dealing with an allegation of bullying.

Placements
    
15. —(1) The registered person shall, before providing a family with accommodation in the residential family centre, or if that is not reasonably practicable, as soon as possible thereafter, draw up in consultation with the placing authority a written plan (in these Regulations referred to as "the placement plan") setting out, in particular—

    (2) The registered person shall keep under review and revise the placement plan as necessary.

    (3) In preparing or reviewing the placement plan the registered person shall, so far as practicable—

    (4) The registered person shall supply a copy of the placement plan and any revision of it to the placing authority and to the parent within the family to which it relates.

Facilities and services
    
16. —(1) Subject to regulation 3(3), the registered person shall provide facilities and services to residents in accordance with the statement of purpose.

    (2) The registered person shall having regard to the size of the residential family centre and the number and needs of residents—

Staffing of the residential family centre
    
17. —(1) The registered person shall, having regard to the size of the residential family centre, the statement of purpose and the number and needs of residents—

    (2) The registered person shall ensure that persons working at the centre are appropriately supervised.

    (3) The registered manager shall carry out a competency and a capability assessment with any person who is given the responsibility of being in charge of the centre for any period of time in his absence.

Fitness of workers
    
18. —(1) The registered person shall not employ a person to work at the residential family centre unless—

    (2) This paragraph applies to any person who is employed to work at the residential family centre by a person ( the "employer") other than the registered person in a position in which he may in the course of his duties, have regular contact with residents.

    (3) The registered person shall not allow a person to whom paragraph (2) applies to work at the residential family centre unless—

    (4) For the purposes of paragraph (1) and (3), a person is not fit to work at a residential family centre unless—

    (5) The registered person shall ensure that all health care professionals working at the residential family centre are covered by appropriate professional indemnity.

    (6) Where the following conditions apply, the registered person may permit a person to start work at the residential family centre notwithstanding paragraph (4)(d)—

    (7) The registered person shall take reasonable steps to ensure that any person working at the residential family centre 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
    
19. —(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—

    (4) In paragraph (2), "child" also includes a parent who is under the age of 18.

    (5) The registered person shall ensure that all persons employed by him—

Restrictions on acting for residents
    
20. —(1) Subject to paragraph (2), the registered person shall not pay money belonging to any resident into a bank account unless—

    (2) Paragraph (1) does not apply to money which is paid to the registered person in respect of charges payable by a resident for accommodation or other services provided by the registered person at the centre.

    (3) The registered person shall ensure a record is kept of persons working at the centre acting as the appointee or agent of a resident.

Staff views as to conduct of residential family centre
    
21. —(1) This regulation applies to any matter relating to the conduct of the centre so far as it may affect the care, safety or welfare of residents.

    (2) The registered person shall make arrangements to enable staff to inform the registered person and the Regulation and Improvement Authority and the local HSS trust in the area of which the centre is situated, in confidence of their views about any matter to which this regulation applies.

Records
    
22. —(1) The registered person shall maintain in respect of each family accommodated at the residential family centre, a record which—

    (2) The registered person shall also maintain at the residential family centre the records specified in Schedule 4.

    (3) The registered person shall ensure that the records referred to in paragraphs (1) and (2)—

    (4) The registered person shall ensure that information about a resident's health and treatment is handled confidentially and is only disclosed to those persons who need to be aware of that information in order to treat the resident effectively or minimise any risk of the resident harming himself or another person, or for the purpose of the proper administration of the centre.

Complaints
    
23. —(1) The registered person shall establish a procedure ("the complaints procedure") for receiving, managing and responding to complaints made to the registered person by a resident or their representative.

    (2) The complaints procedure shall be appropriate to the needs of residents.

    (3) The registered person shall ensure that any complaint made under the complaints procedure is fully investigated.

    (4) The registered person shall, within 28 days after the date on which the complaint is made, or such shorter period as may be reasonable in the circumstances, inform the person who made the complaint of the investigative process, outcome and action (if any) that is to be taken.

    (5) The registered person shall supply a written copy of the complaints procedure to every resident and to their representative.

    (6) Where a written copy of the complaints procedure is to be supplied in accordance with paragraph (5) to a person who is blind or whose vision is impaired, the registered person shall so far as it is practicable to do so, supply, in addition to the written copy, a copy of the complaints procedure in a form which is suitable for that person.

    (7) The written copy of the complaints procedure to be supplied in accordance with paragraph (5) shall include—

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

Guidance for social care workers, and health care professionals
    
24. The registered person shall ensure that—



PART IV

PREMISES

Fitness of premises
    
25. —(1) Subject to regulation 3(3), the registered person shall not use premises for the purposes of a residential family centre unless the premises are suitable for the purpose of achieving the aims and objectives set out in the statement of purpose.

    (2) The registered person shall, having regard to the number and needs of the residents, ensure that—

    (3) The registered person shall having regard for the number of staff employed and the duties they undertake, provide for persons working at the residential family centre—

Fire precautions
    
26. —(1) The registered person shall—

    (2) The registered person shall undertake appropriate consultation with the Northern Ireland Fire and Rescue Board[6].



PART V

MANAGEMENT

Review of quality of care
     27. —(1) The registered person shall introduce and ensure systems are maintained for reviewing at appropriate intervals the quality of care and other service provision in or for the purposes of the family residential centre and that any such review is undertaken no less than annually.

    (2) The registered person shall supply to the Regulation and Improvement Authority a report in respect of any review conducted by him for the purpose of paragraph (1) and make a copy of the report available to residents.

    (3) The system referred to in paragraph (1) shall provide for consultation with residents and their representatives.

Financial position
    
28. —(1) The registered provider shall carry on the residential family centre in such a manner as is likely to ensure that the centre will be financially viable for the purpose of achieving the aims and objectives set out in the statement of purpose.

    (2) The registered person shall, if the Regulation and Improvement Authority so requests, provide such information and documents to the Regulation and Improvement Authority as it may require for the purpose of considering the financial viability of the centre, including—

    (3) The registered person shall—

    (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.

Visits by registered provider
    
29. —(1) Where the registered provider is an individual, but who does not manage the residential family centre himself, he shall visit the residential family centre in accordance with this regulation.

    (2) Where the registered provider is an organisation or a partnership, the residential family centre shall be visited in accordance with this regulation by—

    (3) Visits under paragraph (1) or (2) shall take place at least once a month or as agreed with the Regulation and Improvement Authority and shall be unannounced.

    (4) The person carrying out the visit shall—

    (5) The registered provider shall maintain a copy of the report required to be made under paragraph 4(c) in the centre and make it available on request to—

    (6) In the case of a visit under paragraph (2)—



PART VI

MISCELLANEOUS

Notifiable events
    
30. —(1) If, in relation to a residential family centre, 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 without delay notify the parent accommodated in the residential family centre with a child 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.

    (4) References in column 1 of the table in Schedule 5 to a centre shall be construed as references to a residential family centre.

    (5) References in column 2 of the table to a HSS trust shall be construed as references to the HSS trust in whose area the residential family centre is situated.

Notice of absence
    
31. —(1) Where—

proposes to be absent from the residential family centre for a continuous period of 28 days or more, the registered provider 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 28 days before and inclusive of the date on which the proposed absence commences or within such shorter period as may be agreed with the Regulation and Improvement Authority and the notice shall specify—

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

    (4) Where—

has been absent from the residential family centre 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 of the absence specifying the matters mentioned in sub-paragraphs (a) to (e) of paragraph (2).

    (5) The registered provider 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
    
32. 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 is proposed to take place—

Appointment of liquidators etc.
    
33. —(1) Any person to whom paragraph (2) applies must—

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

Notice of termination of accommodation
    
34. —(1) Subject to paragraph (2), the registered person shall not terminate the arrangements for the accommodation of a resident unless he has given reasonable notice of his intention to do so to—

    (2) If it is impracticable for the registered person to comply with the requirement in paragraph (1)—

Death of registered person
    
35. —(1) If more than one person is registered in respect of a residential family centre, and a registered person dies, the surviving 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 residential family centre, and he dies, his personal representatives shall notify the Regulation and Improvement Authority in writing—

    (3) The personal representatives of a deceased registered provider may carry on the residential family centre 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 manage the residential family centre during any period in which, in accordance with paragraph (3), they carry on the residential family centre without being registered in respect of it.

Offences
    
36. —(1) A contravention of any of the provisions of regulations 3, 4 and 11 to 32 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 22 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
    
37. Where there is more than one registered person in respect of a residential family centre, 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.



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


4th April 2007.

L.S.


M. Briscoe
A senior officer of the Department of Health, Social Services and Public Safety


SCHEDULE 1
Regulation 3(1) (c)


INFORMATION TO BE INCLUDED IN THE STATEMENT OF PURPOSE


     1. A statement of the overall aims and objectives of the residential family centre.

     2. A statement of the facilities and services, including details of the type of accommodation to be provided by the residential family centre.

     3. The name and address of the registered provider and of any registered manager.

     4. The relevant qualifications and experience of the registered provider and any registered manager.

     5. The number, relevant qualifications and experience of the staff working at the residential family centre.

     6. The organisational structure of the residential family centre.

     7. The number of residents to be accommodated or provided with services.

     8. The range of needs, (categories of care) that the residential family centre is intended to meet and the number in each category.

     9. Any criteria used for admission to the residential family centre, including the centre's policy and procedures (if any) for emergency admissions, including, as applicable, the minimum and maximum ages (if any) of parents and children to be accommodated.

     10. The arrangements for residents to engage in social activities, hobbies and leisure interests.

     11. The arrangements made for consultation with residents about the operation of the centre.

     12. The fire precautions and associated emergency procedures in the residential family centre.

     13. The arrangements made, so far as is practicable that residents have the opportunity to attend religious services of their choice.

     14. The arrangements made for contact between residents and their relatives, friends, representatives, and the local community where practicable.

     15. The arrangements for dealing with complaints.

     16. The arrangements made for dealing with reviews of the placement plan referred to in regulation 15(1).

     17. The number and size of rooms in the residential family centre.

     18. The arrangements made for respecting the privacy and dignity of residents.

     19. The fees and charges of the residential family centre.

     20. A description of the underlying ethos and philosophy of the residential family centre, and where this is based on any theoretical or therapeutic model, a description of that model.

     21. A description of the advice, guidance and counselling provided, including the arrangements for professional supervision.

     22. The rules and conditions applying to residents, and the circumstances in which placements may be terminated.

     23. The policy relating to the use of drugs and alcohol in the residential family centre.

     24. The residential family centre's confidentiality policy.

     25. The arrangements for protecting children and parents under the age of 18 accommodated in the residential family centre.



SCHEDULE 2
Regulations 7, 9, 18


INFORMATION AND DOCUMENTS TO BE OBTAINED IN RESPECT OF PERSONS, CARRYING ON, MANAGING OR WORKING AT A RESIDENTIAL FAMILY CENTRE


     1. Proof of the person's identity, including a recent photograph.

     2. When Part V of the Police Act is commenced in Northern Ireland, either—

     3. Two written references relating to the person, including a reference from the person's present or 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. Details and documentary evidence of any relevant qualifications or accredited training of the person and if applicable, registration with an appropriate professional regulatory body.

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

     7. Evidence that the person is physically and mentally fit for the purposes of the work which he is to perform at the centre or, where it is impracticable for the person to obtain such evidence, a declaration signed by the person that he is so fit.



SCHEDULE 3
Regulation 22(1)(a)


RECORDS TO BE KEPT IN A RESIDENTIAL FAMILY CENTRE IN RESPECT OF EACH RESIDENT


     1. In respect of each member of the family—

     2. The name and address and telephone number of any HSS trust or authority whose duty it is to supervise the welfare of the residents.

     3. The name, address and telephone number of any social worker for the time being assigned to any member of the family.

     4. The terms of any court order under which the family is provided with accommodation in the residential family centre.

     5. The name and address of the general medical practitioner in whose list the members of the family are included.

     6. The name, address and telephone number of any school, college or place of work attended by any member of the family.

     7. The date and circumstances of any serious incident involving any member of the family, and of any disciplinary measures or physical restraint used on any member of the family.

     8. Any special dietary, dental or other health needs, including details of any allergies, of any member of the family.

     9. Details of any medicines kept for any member of the family at the residential family centre, and of any medicines administered to any resident by a person working at the residential family centre.

     10. A record of any accident affecting the resident in the centre and of any other incident in the centre which is detrimental to the care, health, safety or welfare of the resident, which record shall include the nature, date and time of the accident or incident, whether medical treatment was required and the name of the individuals who were supervising the resident.

     11. Details of any specialist communications needs of the resident and methods of communication that may be appropriate to the resident.

     12. Arrangements for, including any restrictions on, contact between any child accommodated in the residential family centre and any other relevant person, and details of any court orders relating to contact with the child by any person.

     13. Details of any period of absence from the residential family centre by any member of the family including, in the case of a child, whether the absence was authorised by the registered person.

     14. A copy of the placement plan and any revision of it.

     15. A record of any money or valuables deposited by any member of the family for safekeeping, together with the date on which that money was withdrawn, or any valuables were returned.

     16. The address, and type of establishment or accommodation, to which the family goes when leaving the residential family centre.



SCHEDULE 4
Regulation 22(2)


OTHER RECORDS TO BE KEPT IN A RESIDENTIAL FAMILY CENTRE


     1. A copy of the statement of purpose.

     2. A copy of the resident's guide.

     3. A record of all accounts relating to the residential family centre including a record of resident's fees and financial arrangements that are handled by the centre and a record of persons working at the centre acting as the appointee or agent of a resident.

     4. A copy of all inspection reports.

     5. A copy of any report made under regulation 29(4) (c) or a copy of any written record or report made under regulation 30.

     6. A record of all persons employed at the residential family centre, which includes in respect of each person so employed—

     7. A copy of the duty roster of persons working at the residential family centre, and a record of whether the roster was actually worked.

     8. A record of the residential family centre's charges to residents, including any separate amounts payable for additional services not covered by those charges, and the amounts paid by or in respect of each resident.

     9. A record of all money or other valuables deposited by a resident for safekeeping or received on the resident's behalf, which—

     10. A record of furniture and personal possessions brought by a resident into the room occupied by him.

     11. A record of all complaints made by residents or representatives or relatives of residents or by persons working at the centre about the operation of the centre, and the action taken by the registered person in respect of any such complaint.

     12. A record of any of the following events that occur in the centre—

     13. Records of the food provided for residents in sufficient detail to enable any person inspecting the record to determine whether the diet is satisfactory, in relation to nutrition and otherwise, and of any special diets prepared for individual residents.

     14. A record of every fire practice, drill or test of fire equipment (including fire alarm equipment) conducted in the centre, including staff attending, and of any action taken to remedy defects in the fire equipment.

     15. A statement of the procedure to be followed in the event of a fire, or where a fire alarm is activated.

     16. A statement of the procedure to be followed in the event of accidents or in the event of a resident becoming missing.

     17. A record of charges made to residents for transport and the amounts paid by or in respect of each resident.

     18. Where residents collectively own the vehicles—

     19. A record of the programme of events and activities that includes the name of the person leading the activity and the names of those who participated.

     20. A record of all staff meetings held and the names of all those attending.

     21. A record of training undertaken as referred to in Regulation 19(5)(a).

     22. A record of all visitors to the centre, including the names of all visitors.



SCHEDULE 5
Regulation 30(1)


EVENTS AND NOTIFICATIONS


Column 1 Column 2
Event: To be notified to:
           Regulation and Improvement Authority Placing authority Department of Health, Social Service and Public Safety HSS trust in whose area the centre is located Police Director of Public Health[8] of the HSS Board
Death of a resident accommodated in the centre 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[9] of an individual working at the centre Yes Yes Yes                       Yes
Serious illness or serious accident sustained by a child accommodated in the centre Yes Yes                                            
Outbreak of any infectious disease which in the opinion of a registered medical practitioner attending residents at the centre is sufficiently serious to be so notified Yes Yes                                  Yes
Allegation that a resident accommodated at the centre has committed a serious offence Yes Yes Yes            Yes (following consultation with the placing authority)           
Involvement or suspected involvement in prostitution of (i) a child; or (ii) a parent who is under the age of 18 accommodated in the centre Yes Yes            Yes Yes (following consultation with the placing authority)           
Serious incident necessitating calling the police to the centre Yes Yes                       Yes           
Absconding by a resident accommodated at the centre            Yes                       Yes           
Any serious complaint about the centre or persons working there Yes Yes Yes                                 
Instigation and outcome of any child protection enquiry involving (i) a child; or (ii) a parent who is under the age of 18 accommodated in the centre Yes Yes                       Yes (following consultation with the placing authority)           
Any serious adverse event as defined in accordance with Departmental guidance                       Yes                                 



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. 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 residential family centres, by the Regulation and Improvement Authority. It also provides powers for regulations governing the conduct of establishments and agencies.

Regulation 3 provides that every residential family centre must prepare a statement of purpose consisting of the matters set out in Schedule 1. Regulation 4 provides for a resident's guide to the centre. The residential family centre must be conducted in a manner which is consistent with the statement of purpose.

In Part II, Regulations 7 to 11 make provision about the persons carrying on and managing the centre, 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). Regulation 8 prescribes the circumstances where a manager must be appointed for the residential family centre, and regulation 10 imposes general requirements in relation to the proper conduct of the centre, and the need for appropriate training.

In Part III, regulations 12 to 14 make provision about the conduct of residential family centres, in particular as to the health, welfare, care and education of the residents and as to the protection of children accommodated there. Regulation 15 provides for the registered person to draw up a written plan detailing the provision of services and facilities to families provided with accommodation. Regulation 16 makes provision for the facilities and services to be provided to residents. Provision is also made at regulation 17 about the staffing of residential family centres and at regulations 18 and 19 about the fitness of workers and employment of staff. At regulations 22 and 23, provision is made for record keeping and complaints.

Part IV (regulations 25 and 26) makes provision about the fitness of premises, and the fire precautions to be taken.

Part V deals with the management of residential family centres. Regulation 27 requires the registered person to monitor the quality of care provided by the centre. Regulation 28 imposes requirements relating to the centre's financial position. Regulation 29 requires the registered provider to visit the centre as prescribed.

Part VI deals with miscellaneous matters, including the giving of notices to the Regulation and Improvement Authority, and notification to the Regulation and Improvement Authority and others of the events listed in Schedule 5.

Regulation 36 provides for offences. A breach of the regulations specified in regulation 36 may be an offence on the part of the registered person. However, no prosecution may be brought by the Regulation and Quality Improvement Authority unless it 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, where it is practicable for him to do so, the action he should take in order to comply and the period for compliance. The notice must also specify the period within which he may make representations about the notice.


Notes:

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

[2] S.I. 1972/1265 (N.I. 14) Article 15C was inserted by Article 6(3) of the Primary Medical Services (Northern Ireland) Order 2004 (S.I. 2004/311 (N.I. 2))back

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

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

[5] 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

[6] See article 3 of the Fire and Rescue Services (Northern Ireland) Order 2006 (S.I. 2006/1254 (N.I. 9))back

[7] 1997 c. 50back

[8] 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

[9] 2003 (N.I. 4)back



ISBN 978 0 337 97038 2


 © Crown copyright 2007

Prepared 15 May 2007


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