The Children's Homes (Amendment) Regulations 2011
| Jurisdiction | UK Non-devolved |
| Citation | SI 2011/583 |
| Year | 2011 |
2011 No. 583
Children and young persons, england
The Children’s Homes (Amendment) Regulations 2011
Made 3rd March 2011
Laid before Parliament 10th March 2011
Coming into force 1st April 2011
The Secretary of State for Education, in exercise of the powers conferred by sections 1(4A), 22(1), (2)(c), (d) and (f), (5)(a) and (c), (7)(a), (c), (d) and (j) and 118(5) to (7) of the Care Standards Act 20001, makes the following Regulations:
Citation and commencement
1. These Regulations may be cited as the Children’s Homes (Amendment) Regulations 2011 and come into force on 1st April 2011.
Amendment to the Children’s Homes Regulations 2001
2. The Children’s Homes Regulations 20012are amended as follows.
Amendment to regulation 2
3. In regulation 2 (interpretation)—
(a) after the definition of “children’s guide” insert the following definition—
““designated teacher” means the member of staff at a maintained school who has been designated by the governing body for the purposes of section 20(1) of the Children and Young Persons Act 20083”;
(b) omit the definition of “Commission”;
(c) for the definition of “general practitioner” substitute the following definitions—
““general medical practitioner” means a medical practitioner whose name is included in the General Practitioner Register kept by the General Medical Council under section 34C of the Medical Act 19834;
“HMCI” means Her Majesty’s Chief Inspector of Education, Children’s Services and Skills5;”;
(d) in the definition of “placement plan” for “12(1)” substitute “12 or 12A”;
(e) in the definition of “Primary Care Trust” for the words “established under section 16A of the National Health Service Act 1977” substitute “continued or established under section 18 of the National Health Service Act 20066”;
(f) in the definition of “registered dental practitioner” after the words “dentists register under” insert “section 14 of”; and
(g) after the definition of “responsible individual” insert—
““secure children’s home” means a children’s home used for the purpose of restricting liberty and approved for that purpose in respect of which a person is registered under Part 2 of the Act;”.
Amendment to regulation 3
4. In regulation 3 (excepted establishments)—
(a) in paragraph (1)(c)—
(i) for “day care” substitute “childcare”; and
(ii) for “Part XA of the 1989 Act” substitute “section 18 of the Childcare Act 20067”; and
(b) in paragraph (3) for “day care” substitute “childcare”.
Substitution of “HMCI” for “the Commission”
5.—(1) In regulations 4(2), (3)(c) and (5), 5(b), 6(2)(c)(i), 7(2), 10, 15(2)(f), 16(2)(c), (f)(iii) and (g), 24(4)(a) and (b) and (7), 27(3), 33(5)(a), 34(2), 36(2)(b) and (3), 37(1), (2), (4) and (5), 38, 39(1)(a) and (c), 40(1), (2) and (4) for “the Commission” in each place where it occurs substitute “HMCI”.
(2) In regulation 24 (complaints and representations)—
(a)
(a) in sub-paragraph (7) for “its” substitute “HMCI’s”; and
(b)
(b) in sub-paragraph (4)(b) for “it” substitute “HMCI”.
(3) In regulation 36(2)(b) for “its” substitute “HMCI’s”.
Amendment to regulation 12
6.—(1) For the heading before regulation 12 (child’s placement plan) substitute “Placement plan for a child who is not looked after”.
(2) For paragraph (1) substitute—
“1 Where a child who is not looked after by a local authority is placed in a children’s home by a voluntary organisation, the registered person must co-operate with the voluntary organisation in agreeing and signing the placement plan prepared for the child in accordance with regulations 4 and 5 of the Arrangements for the Placement of Children by Voluntary Organisations and Others (England) Regulations 20118(“the 2011 Regulations”).
1A Where a child who is not looked after by a local authority is placed in a private children’s home other than by a voluntary organisation, the registered person must prepare a placement plan for that child in accordance with regulations 4 and 5 of the 2011 Regulations.
1B In all other cases the registered person shall, before providing accommodation in a children’s home for a child who is not looked after by a local authority, or if that is not reasonably practicable, as soon as possible thereafter, prepare in consultation with the child’s placing authority a placement plan for the child setting out, in particular—
(a) how, on a day to day basis, the child will be cared for, and the child’s welfare safeguarded and promoted by the home;
(b) the arrangements made for the child’s health care and education; and
(c) any arrangements made for contact with the child’s parents, relatives and friends.”; and
(3) At the end insert—
“5 In this regulation “private children’s home” means a children’s home in respect of which a person is registered under Part 2 of the Act which is not a community home or a voluntary home.”.
Insertion of regulation 12A
7. After regulation 12 (child’s placement plan) insert—
“Placement plan for looked after child
12A.—(1) In the case of a child who is looked after by a local authority the registered person must co-operate with the child’s placing authority in agreeing and signing the plan for the child’s placement prepared in accordance with the provisions in regulation 9 of the Care Planning, Placement and Case Review (England) Regulations 20109.
(2) The registered person must comply with requests by the child’s placing authority to—
(a)
(a) provide it with information relating to the child; and
(b)
(b) provide a suitable representative for any meetings it may hold concerning the child.”.
Amendment to regulation 16
8. In regulation 16(4)(b) (arrangements for the protection of children) after “absent without permission” insert “which has regard to any relevant local authority or police protocols on missing children”.
Replacement of regulation 17
9. For regulation 17 (behaviour management, discipline and restraint) substitute—
“Behaviour management and discipline
17.—(1) No measure of control or discipline which is excessive, unreasonable or contrary to paragraph (2) shall be used at any time on children accommodated in a children’s home.
(2) Subject to paragraph (3), the following shall not be used as disciplinary measures on children accommodated in a children’s home—
(a)
(a) any form of corporal punishment;
(b)
(b) any punishment involving the consumption or deprivation of food or drink;
(c)
(c) any restriction, other than one imposed by the court or in accordance with regulation 15, on—
(i) a child’s contact with parents, relatives or friends;
(ii) visits to the child by the child’s parents, relatives or friends;
(iii) a child’s communications with any of the persons listed in regulation 15(2); or
(iv) a child’s access to any telephone helpline providing counselling for children;
(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) the intentional deprivation of sleep;
(g)
(g) the imposition of any financial penalty, other than a requirement for the payment of a reasonable sum (which may be by instalments) by way of reparation;
(h)
(h) any intimate physical examination of the child;
(i)
(i) the withholding of any aids or equipment needed by a disabled child;
(j)
(j) any measure which involves—
(i) any child in the imposition of any measure against any other child; or
(ii) the punishment of a group of children for the behaviour of an individual 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 practitioner or a registered dental practitioner which is necessary to protect the health of the child;
(b)
(b) the taking of any action immediately necessary to prevent injury to any person or serious damage to property; or
(c)
(c) the imposition of a requirement that a child wear distinctive clothing for sporting purposes, or for purposes connected with the child’s education or with any organisation whose members customarily wear uniform in connection with its activities.
Restraint
17A.—(1) Subject to paragraph (2), a measure of restraint may only be used on a child accommodated in a children’s home for the purpose of—
(a)
(a) preventing injury to any person (including the child who is being restrained);
(b)
(b) preventing serious damage to the property of any person (including the child who is being restrained); and
(c)
(c) in the case of a child accommodated in a secure children’s home, preventing the child from absconding from the home,
and then only where no alternative method of preventing the event specified in sub-paragraphs (a) to (c) is available.
(2) Where a measure of restraint is used on a child accommodated in a children’s home—
(a)
(a) the measure of restraint must be proportionate, and
(b)
(b) no more force than is necessary should be used.
Policies and records
17B.—(1) The registered person must prepare and implement a written policy (in this regulation referred to as the “behaviour management policy”) which sets out—
(a)
(a) the measures of control, discipline and restraint which may be used in the children’s home; and
(b)
(b) the means whereby appropriate behaviour is to be promoted in the home.
(2) The registered person must—
(a)
(a) keep under review and where appropriate revise the behaviour management policy; and
(b)
(b) notify HMCI of any revision within 28 days.
(3) The registered person must ensure that within 24 hours of the use of any measure of control, discipline or restraint in a children’s home, a written record is made in a volume kept for the...
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