Residential Family Centres Regulations 2002
| Year | 2002 |
2002 No. 3213
CHILDREN AND YOUNG PERSONS, ENGLAND
SOCIAL CARE, ENGLAND
The Residential Family Centres Regulations 2002
Made 21th December 2002
Laid before Parliament 23th December 2002
Coming into force 1st April 2003
The Secretary of State for Health, in exercise of the powers conferred upon him by sections 4(6), 22(1), (2)(a) to (d) and (f) to (j), (5)(a) to (c), (7)(a) to (j), 25(l), 34(l), 35(l), and 118(5) to (7) of the Care Standards Act 20001and all other powers enabling him in that behalf, and having consulted such persons as he considers appropriate2, hereby makes the following Regulations:—
PART I
GENERAL
Citation, commencement and application
1.—(1) These Regulations may be cited as the Residential Family Centres Regulations 2002 and shall come into force on 1st April 2003.
(2) These Regulations apply to residential family centres in England only.
Interpretation
2.—(1) In these Regulations—
“the 2000 Act” means the Care Standards Act 2000;
“the 1989 Act” means the Children Act 19893;
“child protection enquiry” has the meaning given to it by regulation 12(3)(a);
“family” means a child and his parent accommodated or to be accommodated together in a residential family centre, and the expression “member of the family” shall be construed accordingly;
“general practitioner” means a registered medical practitioner who—
(a) provides general medical services under Part II of the National Health Service Act 19774;
(b) performs personal medical services in connection with a pilot scheme under the National Health Service (Primary Care) Act 19975; or
(c) provides services which correspond to services provided under Part II of the National Health Service Act 1977 otherwise than in pursuance of that Act;
“organisation” means a body corporate or any unincorporated association other than a partnership;
“parent” has the meaning given to it by section 4(2) of the 2000 Act6;
“placement plan” means the plan prepared in accordance with regulation 13;
“placing authority” means, in relation to a family, the local authority or other body that has arranged for the family to be accommodated in a residential family centre;
“registered manager”, in relation to a residential family centre, means a person who is registered under Part II of the Act as the manager of the residential family centre;
“registered person”, in relation to a residential family centre, means any person who is the registered provider or the registered manager of the residential family centre;
“registered provider”, in relation to a residential family centre, means a person who is registered under Part II of the Act as the person carrying on the residential family centre;
“resident” means any person who is for the time being accommodated in a residential family centre;
“responsible individual” shall be construed in accordance with regulation 5; and
“statement of purpose” means the written statement compiled in accordance with regulation 4.
(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, and references to an employee or to a person being employed shall be construed accordingly.
Excepted establishments
3. For the purposes of the 2000 Act, an establishment is excepted from being a residential family centre if—
(a) it is a health service hospital, an independent hospital, an independent clinic or a care home;
(b) it is a hostel or a domestic violence refuge; or
(c) the main purpose of the establishment is to provide accommodation together with other services or facilities to adults, and the fact that those adults may be parents, or may be accompanied by their children, is incidental to the main purpose of the establishment.
Statement of purpose and resident’s guide
4.—(1) The registered person shall compile in relation to the residential family centre a written statement (in these Regulations referred to as “the statement of purpose”) 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 Commission7and shall make a copy of it available, upon request, for inspection by—
(a)
(a) any person who works at the residential family centre;
(b)
(b) any resident;
(c)
(c) any local authority exercising any functions under the 1989 Act in relation to any resident.
(3) The registered person shall produce a written guide to the residential family centre (the “resident’s guide”) which shall include a summary of the statement of purpose, and shall supply a copy of it to the Commission and to each parent accommodated in the residential family centre.
(4) The registered person shall—
(a)
(a) keep under review and where appropriate revise the statement of purpose and resident’s guide; and
(b)
(b) notify the Commission within 28 days of any such revision.
(5) Subject to paragraph (6) the registered person shall ensure that the residential family centre is at all times conducted in a manner which is consistent with its statement of purpose.
(6) Nothing in paragraph (5) or in regulations 14(1) or 21(1) shall require or authorise the registered person to contravene or not comply with—
(a)
(a) any other provision of these Regulations; or
(b)
(b) the conditions for the time being in force in relation to the registration of the registered person under Part II of the 2000 Act.
PART II
REGISTERED PERSONS
Fitness of registered provider
5.—(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—
(a)
(a) is an individual who carries on the residential family centre—
(i) otherwise than in partnership with others, and satisfies the requirements set out in paragraph (3);
(ii) in partnership with others, and he and each of his partners satisfies the requirements set out in paragraph (3);
(b)
(b) is a partnership, and each of the partners satisfies the requirements set out in paragraph (3);
(c)
(c) is an organisation and—
(i) the organisation has given notice to the Commission of the name, address and position in the organisation of an individual (in these Regulations referred to as “the responsible individual”) who is a director, manager, secretary or other officer of the organisation and is responsible for supervising the management of the residential family centre; and
(ii) that individual satisfies the requirements set out in paragraph (3).
(3) The requirements are that—
(a)
(a) he is of integrity and good character;
(b)
(b) he is physically and mentally fit to carry on the residential family centre; and
(c)
(c) he provides in relation to himself, full and satisfactory information in respect of each of the matters listed in Schedule 2.
(4) A person shall not carry on a residential family centre if—
(a)
(a) he has been adjudged bankrupt or sequestration of his estate has been awarded and (in either case) he has not been discharged and the bankruptcy order has not been annulled or rescinded; or
(b)
(b) he has made a composition or arrangement with his creditors, and has not been discharged in respect of it.
Appointment of manager
6.—(1) The registered provider shall appoint an individual to manage a residential family centre if—
(a)
(a) there is no registered manager in respect of the residential family centre; and
(b)
(b) the registered provider—
(i) is an organisation or a partnership;
(ii) is not a fit person to manage a residential family centre; or
(iii) is not, or does not intend to be, in full-time day to day charge of the residential family centre.
(2) Where the registered provider appoints a person to manage the residential family centre, he shall forthwith give notice to the Commission of—
(a)
(a) the name of the person so appointed; and
(b)
(b) the date on which the appointment is to take effect.
Fitness of manager
7.—(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—
(a)
(a) he is of integrity and good character;
(b)
(b) having regard to the size of the residential family centre, the statement of purpose, and the number and needs of the residents—
(i) he has the qualifications, skills and experience necessary to manage the centre; and
(ii) he is physically and mentally fit to do so;
(c)
(c) he provides in relation to himself full and satisfactory information in respect of each of the matters listed in Schedule 2.
Registered person—general requirements
8.—(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—
(a)
(a) an individual, he shall undertake;
(b)
(b) an organisation, it shall ensure that the responsible individual undertakes;
(c)
(c) a partnership, it shall ensure that one of the partners undertakes,
from time to time such training as is appropriate to ensure that he has the 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 skills necessary for managing the residential family centre.
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