Residential Establishments-Child Care (Scotland) Regulations 1996

JurisdictionUK Non-devolved
CitationSI 1996/3256

1996 No. 3256 (S.246)

RESIDENTIAL AND OTHER ESTABLISHMENTS, SCOTLAND

The Residential Establishments – Child Care (Scotland) Regulations 1996

Made 18th December 1996

Laid before Parliament 31th December 1996

Coming into force 1st April 1997

The Secretary of State, in exercise of the powers conferred on him by sections 5(2) and 60(1) of the Social Work (Scotland) Act 19681and of all other powers enabling him in that behalf, hereby makes the following Regulations:

1 GENERAL

PART I

GENERAL

Citation and commencement
S-1 Citation and commencement

Citation and commencement

1. These Regulations may be cited as the Residential Establishments – Child Care (Scotland) Regulations 1996 and shall come into force on 1 April 1997.

Interpretation
S-2 Interpretation

Interpretation

2.—(1) In these Regulations, unless the context otherwise requires–

“the Act” means the Social Work (Scotland) Act 1968;

the 1995 Act” means the Children (Scotland) Act 19952;

“children’s hearing” has the meaning given to that term by section 93(1) of the 1995 Act;

“local authority” means a council constituted under section 2 of the Local Government etc. (Scotland) Act 19943;

“looked after” has in respect of a local authority the meaning given to that term by section 17(6) of the 1995 Act;

“managers” means–

(a) the case of a local authority, those officers having delegated powers under section 56 of the Local Government (Scotland) Act 19734for the management of the residential establishment.

(b) in any other case, those who are responsible for management of the residential establishment;

“person in charge” means the person in charge of a residential establishment who is responsible to the managers of the residential establishment;

“parent” has the meaning given to that term by section 15(1) of the 1995 Act and includes any person who is not a parent of the child but who has parental responsibilities in respect of him;

“parental responsibilities” has the meaning given to that term by section 1(3) of the 1995 Act;

“placement” means the provision of accommodation by a local authority for a child looked after by them by any of the means specified in section 26 of the 1995 Act;

“registering authority” means the local authority with which the person carrying on any residential establishment is registered or is required to be registered for the purposes of section 62 of the Act;

“residential establishment” has the meaning given to that term by section 93(1) of the 1995 Act;

“voluntary organisation” has the meaning given to that term by section 93(1) of the 1995 Act.

(2) In these Regulations 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.

2 GENERAL PROVISIONS APPLYING TO CONDUCT OF RESIDENTIAL ESTABLISHMENTS

PART II

GENERAL PROVISIONS APPLYING TO CONDUCT OF RESIDENTIAL ESTABLISHMENTS

General

General

S-3 This Part of these Regulations shall apply to any residential...

3. This Part of these Regulations shall apply to any residential establishment which provides residential accommodation for children and–

(a) is controlled or managed by a local authority; or

(b) is one in respect of which a person is required to be registered under section 61 of the Act5; or

(c) is a school which is registered voluntarily in accordance with section 61A of the Act6.

S-4 The managers of any residential establishment to which these...

4. The managers of any residential establishment to which these Regulations apply shall ensure that the welfare of the child placed and kept in such accommodation is safeguarded and promoted and that the child receives such provision for his development and control as is conducive to his best interests.

Statement of functions and objectives
S-5 Statement of functions and objectives

Statement of functions and objectives

5.—(1) Subject to the provisions of this Part of the Regulations the managers of a residential establishment which provides residential accommodation for children shall, in consultation with the person in charge, prepare within 6 months of these Regulations coming into force a statement of functions and objectives for that establishment which shall include the particulars specified in the Schedule to these regulations.

(2) The managers referred to in paragraph (1) shall keep under review the preparation of and implementation of the said statement of functions and objectives and for that purpose they–

(a)

(a) shall ensure that the person in charge reports in writing to them at intervals of not more than 12 months on the implementation of the statement of functions and objectives for that establishment; and

(b)

(b) shall make arrangements to ensure that each residential establishment they provide is visited on their behalf at intervals of not more than 6 months to furnish them with a report on the implementation of the statement of functions and objectives for each establishment.

(3) Without prejudice to the arrangements made under paragraph (2)(b), the managers may make arrangements for each residential establishment they provide to be visited at such other times as they consider necessary by a person authorised for that purpose.

(4) Where the managers consider it necessary or appropriate, they shall in consultation with the person in charge make such amendments to the statement of functions and objectives prepared in accordance with paragraph (1) as they consider appropriate.

(5) The managers shall arrange for the statement of functions and objectives for any residential establishment they provide to be made available, on request, to any local authority or children’s hearing considering the placing of a child in such an establishment.

Number of children who may be accommodated
S-6 Number of children who may be accommodated

Number of children who may be accommodated

6. Subject to section 62(5) of the Act7the managers shall, as they consider appropriate, determine the total number of children who may normally be resident in each residential establishment they provide.

Appointment of person in charge
S-7 Appointment of person in charge

Appointment of person in charge

7.—(1) Where a residential establishment is not provided by a local authority, the managers shall appoint a person to be in charge of the establishment and shall in writing–

(a)

(a) delegate such duties under these Regulations or otherwise to the person in charge as the managers may determine;

(b)

(b) specify the persons who will have charge of the establishment in the absence of the person in charge.

(2) Where a residential establishment is provided by a local authority, the person in charge shall be an officer appointed by the local authority.

Appointment and vetting of staff in residential establishments
S-8 Appointment and vetting of staff in residential establishments

Appointment and vetting of staff in residential establishments

8. The managers of a residential establishment shall have in place appropriate procedures to be followed in the vetting of staff in relation to their suitability to work in the establishment both prior to their appointment and regularly thereafter.

Precautions against fire and accident
S-9 Precautions against fire and accident

Precautions against fire and accident

9.—(1) The managers shall, in consultation with the fire authority for the area in which any residential establishment they provide is situated, ensure that adequate precautions are taken against fire and shall review such precautions at suitable intervals having regard to any recommendations they may receive at any time from the fire authority.

(2) The managers shall make arrangements to ensure that by means of drills and practices the staff of residential establishments provided by them and, as far as practicable, children resident there are adequately trained and instructed in procedures to be followed in the event of fire.

(3) The managers shall ensure that adequate precautions are taken against the occurrence of other forms of accident in a residential establishment and that the staff and, as far as practicable, children resident there are acquainted with such precautions.

Sanctions
S-10 Sanctions

Sanctions

10.—(1) Arrangements for sanctions, relevant to the control of children resident in a residential establishment, shall be determined by the managers in accordance with the statement of functions and objectives formulated under regulation 5(1).

(2) The arrangements shall not authorise the giving of corporal punishment and corporal punishment shall for this purpose have the same meaning as in section 48A of the Education (Scotland) Act 19808.

Provision of education
S-11 Provision of education

Provision of education

11.—(1) The managers of each residential establishment shall ensure, in consultation with the appropriate education authority, that each child of school age accommodated in the establishment, and not meanwhile receiving education at a school or other place outwith the establishment, receives adequate and efficient education.

(2) In making provision for education under paragraph (1), the managers shall have regard to–

(a)

(a) the requirements of sections 1 (duty of education authorities to...

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