Social Work (Residential Establishments-Child Care) (Scotland) Regulations 1987
| Jurisdiction | UK Non-devolved |
| Citation | SI 1987/2233 |
| Year | 1987 |
1987 No. 2233 (S.150)
SOCIAL WORK, SCOTLANDRESIDENTIAL AND OTHER ESTABLISHMENTS, SCOTLAND
The Social Work (Residential Establishments-Child Care) (Scotland) Regulations 1987
Made 18th December 1987
Laid before Parliament 14th January 1988
Coming into force 1st June 1988
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:
PART I
GENERAL
Citation and commencement
1. These Regulations may be cited as the Social Work (Residential Establishments-Child Care) (Scotland) Regulations 1987 and shall come into force on 1st June 1988.
Interpretation
2.—(1) In these Regulations, unless the context otherwise requires—
“the Act” means the Social Work (Scotland) Act 1968;
“care authority” means a local authority or voluntary organisation responsible for the welfare of a child where regulation 3 applies;
“child” means a person under the age of 18 years;
“local authority” means a regional or islands council;
“local health authority” means a health board set up under the National Health Service (Scotland) Act 19782;
“managers” means—
(a) in the case of a voluntary organisation, the management committee to whom powers are delegated within the organisation for management of the residential establishment;
(b) in the case of a local authority, those officers having delegated powers under section 2 of the Act, as read with section 56 of the Local Government (Scotland) Act 19733, for the 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;
“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 placement” means a placement to which Part III or IV of these Regulations applies.
(2) In these Regulations any reference to a numbered regulation or Schedule shall be construed as a reference to the regulation or Schedule bearing that number in these Regulations.
PART II
GENERAL PROVISIONS APPLYING TO CONDUCT OF RESIDENTIAL ESTABLISHMENTS
General
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 Act4; or
(c) is a school which is registered voluntarily in accordance with section 61A of the Act5.
4. The managers of any residential establishment to which these Regulations apply shall make such provision for the care, development and control of each child resident there as shall be conducive to the best interests of each child.
Statement of functions and objectives
5.—(1) Subject to the provisions of this Part of the Regulations—
(a)
(a) the managers in the case of a residential establishment provided by a local authority, or
(b)
(b) in any other case, the managers in consultation with the person in charge of the establishment,
shall 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 Schedule 1.
(2) The managers shall keep under review the preparation of and implementation of the said statement of functions and objectives and for that purpose—
(a)
(a) the managers shall ensure that the person in charge of the establishment reports in writing to them at intervals of not more than 6 months on the implementation of the statement of functions and objectives for that establishment; and
(b)
(b) the managers 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 of the establishment make such amendments to the statement of functions and objectives prepared in accordance with paragraph (1) above 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 care authority or children’s hearing considering the placing of a child in such an establishment.
Number of children who may be accommodated
6. Subject to section 62(5) of the Act6the 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
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.
Precautions against fire and accident
8.—(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.
Notification of misadventure
9.—(1) The managers shall arrange for notification to be given to the parent or guardian of a child, if his whereabouts are known, and to the care authority responsible for the child’s welfare of any case in which a child resident in the establishment—
(a)
(a) dies; or
(b)
(b) suffers from any injury or illness likely to result in death or any serious disability; or
(c)
(c) runs away, or without lawful authority is taken away, from the residential establishment.
(2) Where paragraph (1)(a) applies the managers shall also without delay inform the relevant registering authority, if different from the care authority responsible for the child’s welfare, where the residential establishment is one registered for the purposes of section 61 or 61A of the Act.
(3) Where a care authority receives notice that a child has died, it shall without delay inform the Secretary of State and shall supply to the Secretary of State such further information about the circumstances of the occurrence as he may require.
Discipline
10.—(1) Arrangements for discipline, relevant to the care and 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 19807.
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 secure provision of education) and 30 (duty of parents to provide education for their children) of the Education (Scotland) Act 1980;
(b)
(b) the number of children normally resident in the establishment in respect of whom education may require to be provided, either within the establishment or, where that is not appropriate or is not provided, at a school;
(c)
(c) the age, ability and aptitude of each child.
(3) For the purposes of paragraph (2)(b) above, in deciding where a child might best receive education the...
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