Children's Homes Regulations 1991
| Jurisdiction | UK Non-devolved |
| Citation | SI 1991/1506 |
| Year | 1991 |
1991 No. 1506
CHILDREN AND YOUNG PERSONS
Children’s Homes Regulations 1991
Made 30th June 1991
Laid before Parliament 8th July 1991
Coming into force 14th October 1991
The Secretary of State for Health, in exercise of the powers conferred by sections 62(3), 63(3)(b), 64(4), and 104(4) of, and paragraph 4 of Schedule 4, paragraphs 1, 6 and 7 of Schedule 5, paragraphs 1(2), (4), (5) and (6) and 10 of Schedule 6 to the Children Act 19891and of all other powers enabling him in that behalf hereby makes the following Regulations:
PART I —
Introductory
Citation and commencement
1. These Regulations may be cited as the Children’s Homes Regulations 1991 and shall come into force on 14th October 1991.
Interpretation
2.—(1) In these Regulations unless the context otherwise requires—
“the Act” means the Children Act 1989;
“children’s home” means a registered children’s home, a community home or a voluntary home;
“maintained community home” means a community home proivded, managed, equipped and maintained by a local pursuant to section 53(3)(a) of the Act (Provision of community homes by local authorities);
“medicinal product” means anything in respect of which a product licence under the Medicines Act 19682is required;
“person in charge” means in relation to a home the person appointed as the person in charge of it by the responsible authority;
“registered dental practitioner” means a person registered in the dentists register under the Dentists Act 19843;
“registration authority” means—
(a) in the case of a voluntary home, the Secretary of State; and
(b) in the case of a registered children’s home, the local authority in whose area the home is situated;
“responsible authority” means—
(a) in the case of a maintained community home, the local authority4by whom it is maintained;
(b) in the case of a controlled or assisted community home, the body of managers, except in respect of a matter which is reserved, by the Act or the instrument of management, to the local authority or the voluntary organisation providing the home, and in that case means the local authority or the voluntary organisation providing the home;
(c) in the case of a voluntary home, the voluntary organisation by whom it is provided; and
(d) in the case of a registered children’s home, the person carrying it on.
(2) In the Regulations unless the context otherwise requires—
(a)
(a) any reference to a numbered section is to the section of the Act bearing that number;
(b)
(b) any reference to a numbered regulation is to the regulation in these Regulations bearing that number, and any reference in a regulation to a numbered paragraph is to the paragraph of that regulation bearing that number; and
(c)
(c) any reference to a numbered schedule is to that numbered Schedule to these Regulations.
Application of Regulations
3.—(1) Subject to paragraph (2)—
(a)
(a) This Part, Part II and Part III of these Regulations apply to all children’s homes.
(b)
(b) Part IV of these Regulations applies only to community homes.
(c)
(c) Part VI of these Regulations applies only to registered children’s homes.
(d)
(d) Parts V and VII of these Regulations apply only to voluntary homes.
(e)
(e) Part VIII of these Regulations applies only to registered children’s homes and to voluntary homes.
(2) These Regulations shall not apply to premises used only to accommodate children for the purpose of a holiday for periods of less than 28 days at a time in the case of any one child.
PART II —
Conduct of Children’s Homes
Statement of purpose and function of children’s homes
4.—(1) The responsible authority shall within three months of the coming into force of these Regulations compile, and thereafter maintain, and keep up to date, a written statement of the particulars mentioned in Part I of Schedule 1 relating to each children’s home for which it is the responsible authority.
(2) The statement referred to in paragraph (1) shall be made available for inspection by the persons referred to in Part II of Schedule 1 (in addition to those who have a right under the Act to inspect this statement).
Staffing of children’s homes
5.—(1) The responsible authority shall ensure that the number of staff of each children’s home and their experience and qualifications are adequate to ensure that the welfare of the children accommodated there is safeguarded and promoted at all times.
(2) The responsible authority shall ensure that the particulars specified in Part I of Schedule 1 are brought to the notice of all staff in each children’s home.
Accommodation for individual children
6.—(1) The responsible authority shall ensure that, so far as is reasonably practicable, each child in a children’s home shall be provided with an area within the home which is suitable for his needs, and is equipped in accordance with the following paragraphs of this regulation.
(2) The area referred to in paragraph (1) shall be equipped with furniture, bedding and furnishings appropriate to the needs of the child.
(3) Where the child concerned is disabled the area referred to in paragraph (1) shall be equipped with what is reasonably necessary in order to meet the child’s needs arising from his disability so as to enable him to live as normal a life as possible.
Accommodation—general provisions
7.—(1) The responsible authority shall ensure that there is provided within the home for the use of children accommodated there—
(a)
(a) a sufficient number of wash basins, baths and showers supplied with hot and cold running water; and
(b)
(b) a sufficient number of lavatories,
for the number of children accommodated.
(2) The responsible authority shall ensure that all parts of the home used by children accommodated are—
(a)
(a) adequately lit, heated and ventilated;
(b)
(b) kept in good structural repair, clean and reasonably decorated and maintained for the purpose of accommodating children.
(3) The responsible authority shall ensure that there are provided within the children’s home suitable facilities for any child accommodated there to meet privately—
(a)
(a) his parent;
(b)
(b) any person who is not a parent but who has parental responsibility for him;
(c)
(c) his relatives or friends;
(d)
(d) his solicitor;
(e)
(e) his guardian ad litem;
(f)
(f) ny independent person appointed in respect of any requirement of the procedure specified in the Representations Procedure (Children) Regulations 19915;
(g)
(g) any visitor appointed for the child in accordance with paragraph 17 of Schedule 2 to the Act;
(h)
(h) any person authorised in accordance with section 80(2) by the Secretary of State to conduct an inspection of the children’s home and the children there;
(i)
(i) n the case of a registered children’s home any person authorised by the registration authority;
(j)
(j) n the case of an assisted community home, any person authorised by the local authority named in the instrument of management.
(4) The responsible authority shall ensure that there are provided in the children’s home adequate facilities for laundering linen and clothing used by children accommodated there, and, for children wishing to do so, to wash, dry and iron their own clothes.
(5) The responsible authority shall ensure that a pay telephone is available for children accommodated in the home in a setting where it is possible to make and receive telephone calls in private.
Control and discipline
8.—(1) Except as otherwise directed by the Secretary of State in accordance with section 53(2) of the Children and Young Persons Act 19336or section 22(7) of the Act, only such disciplinary measures as are for the time being approved by the responsible authority shall be used in a children’s home.
(2) Subject to paragraph (3), the following measures shall not be used in a children’s home—
(a)
(a) any form of corporal punishment;
(b)
(b) any deprivation of food or drink;
(c)
(c) any restriction on visits to or by any child or any restriction on or delay in communications by telephone or post with—
(i) his parent,
(ii) any person who is not a parent of his but who has parental responsibility for him,
(iii) his relatives or friends,
(iv) any visitor appointed for the child in accordance with paragraph 17 of Schedule 2 to the Act,
(v) any social worker for the time being assigned to the child by the local authority who are looking after him or voluntary organisation who are caring for him,
(vi) any guardian ad litem of the child,
(vii) any solicitor for the time being acting for the child or whom the child wishes to instruct;
(d)
(d) any requirement that a child wear distinctive or inappropriate clothes;
(e)
(e) the use or withholding of medication or medical or dental treatment;
(f)
(f) he intentional deprivation of sleep;
(g)
(g) the imposition of fines (except by way of reparation);
(h)
(h) any intimate physical examination of the child.
(3) Nothing in this regulation shall prohibit—
(a)
(a) the taking of any action by, or in accordance with the instructions of, a registered medical or dental practitioner which is necessary to protect the health of a child;
(b)
(b) the taking of any action immediately necessary to prevent injury to any person or serious damage to property;
(c)
(c) the imposition of a requirement that a child wear distinctive clothing, for purposes connected with his education or with any organisation whose members customarily wear uniform in connection with its activities;
(d)
(d) the imposition by the responsible authority or the person in charge of the home having obtained a court order where necessary of any prohibition, restriction or condition upon contact between the child and any person if they or the person in charge of the home are satisfied that...
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