The Providers of Social Work Services (England) Regulations 2013
| Jurisdiction | UK Non-devolved |
| Citation | SI 2013/2668 |
| Year | 2013 |
2013 No. 2668
Social Care, England
Children And Young Persons, England
The Providers of Social Work Services (England) Regulations 2013
Made 16th October 2013
Laid before Parliament 21th October 2013
Coming into force 12th November 2013
The Secretary of State, in exercise of the powers conferred upon him by sections 11(4), 12(2), 14(1)(d), 15(3) and (5), 16(1), 22(1), (2) and (7), 36(3) and 118(5) to (7) of the Care Standards Act 20001, and having consulted such persons as he considers appropriate2, makes the following Regulations.
PART 1
General
Citation, commencement and application
1.—(1) These Regulations may be cited as the Providers of Social Work Services (England) Regulations 2013 and come into force on 12th November 2013.
(2) These Regulations apply in relation to bodies corporate who have entered, or propose to enter, into arrangements with a local authority as providers of social work services under section 1 of the Children and Young Persons Act 20083(the “social work service”).
Interpretation and Disapplication of the Care Standards Act (Registration) (England) Regulations 2010
2.—(1) In these Regulations—
“the Act” means the Care Standards Act 2000;
“the applicant” means a person who applies for registration, or for variation or cancellation of their registration, in accordance with Part 3 or Part 5 of these Regulations and “application” is to be construed accordingly;
“the Criminal Records Regulations 2002” means the Police Act 1997 (Criminal Records) Regulations 20024;
“the CYPA 2008” means the Children and Young Persons Act 2008;
“HMCI” means Her Majesty’s Chief Inspector of Education, Children’s Services and Skills5;
“the PA 1997” means the Police Act 19976;
“the POFA 2012” means the Protection of Freedoms Act 20127;
“registered manager” means the person who is registered under Part 2 of the Act as the manager of the social work service;
“registered person” means a person who is the registered provider or registered manager in respect of the social work service;
“registered provider” means the body corporate who is registered under Part 2 of the Act as the person providing the social work service;
“responsible individual” is to be construed in accordance with regulation 3(1)(a);
“service users” means those children and other persons who are the subject of arrangements entered into by a social work service with a local authority; and
“the SVGA 2006” means the Safeguarding Vulnerable Groups Act 20068.
(2) In these Regulations, references to employing a person mean the registered provider employing or allowing a person to work for the purposes of the service, whether or not for payment, and whether under a contract of service or a contract for services, and references to an employee or to a person being employed are to be construed accordingly.
(3) The Care Standards Act (Registration) (England) Regulations 20109do not apply in relation to a registered provider under these Regulations.
PART 2
Fitness
Fitness of registered provider
3.—(1) A body corporate10is not fit to provide a social work service unless —
(a)
(a) the body has given notice to HMCI of the name, address and position in the body of an individual (in these Regulations referred to as “the responsible individual”) who is a director, manager, secretary or other officer of the body and is responsible for the supervision of the management of the service; and
(b)
(b) that individual satisfies the requirements in paragraph (2).
(2) The requirements are that—
(a)
(a) the person is of integrity and good character;
(b)
(b) having regard to the size of the service, the person—
(i) has the experience, qualifications and skills necessary for carrying on the service;
(ii) is mentally and physically fit to carry on the service; and
(c)
(c) the information in relation to the person in respect of each of the matters in Schedule 1 is available to HMCI.
Appointment of manager
4.—(1) The registered provider must appoint an individual as manager of the social work service.
(2) The registered provider must give notice without delay to HMCI of—
(a)
(a) the name of the person appointed; and
(b)
(b) the date on which the appointment took effect.
Fitness of manager
5.—(1) A person must not manage a social work service unless that person is fit to do so.
(2) A person is not fit to manage a service unless—
(a)
(a) that person is of integrity and good character;
(b)
(b) having regard to the size of the service, the person—
(i) has the experience, qualifications and skills necessary for managing the service; and
(ii) is mentally and physically fit to manage the service.
(3) The information in relation to the person in respect of each of the matters in Schedule 1 must be made available to the registered provider and HMCI.
(4) The registered manager must from time to time undertake such training as is appropriate to ensure that they have the experience and skills necessary for managing the service.
Notification of offences
6. Where the responsible individual or registered manager is convicted of a criminal offence, whether in England and Wales or elsewhere, that person must give notice in writing, without delay, to HMCI of—
(a) the date and place of the conviction;
(b) the offence for which they were convicted; and
(c) the penalty imposed in respect of the offence.
Staffing
7. The registered person must ensure that, at all times, having regard to section 2 of the CYPA 200811, and the size of the social work service, there is a sufficient number of suitably competent, experienced and trained employees.
Fitness of employees
8.—(1) A registered person may only employ a person if that person is fit to be employed.
(2) For the purposes of paragraph (1), a person is not fit to be employed unless—
(a)
(a) that person is of integrity and good character;
(b)
(b) that person has the experience, skills and training necessary for the work which is to be performed;
(c)
(c) that person is mentally and physically fit for the purposes of the work to be performed; and
(d)
(d) subject to paragraph (3), the information in relation to that person in respect of each of the matters in Schedule 1 is available to the registered provider and the registered manager and, on the basis of that information, the registered provider and the registered manager are satisfied that there is no reason why that person should not be employed.
(3) The registered person may permit a person to start working as an employee where—
(a)
(a) the registered person has taken reasonable steps to obtain the information in respect of each of the matters in Schedule 1 in respect of that person, but the enquiries in relation to the matters in paragraphs 5 and 6 of Schedule 1 are incomplete;
(b)
(b) the information in relation to that person in respect of each of the matters in paragraphs 1 to 4 of Schedule 1 is available to the registered person and, on the basis of that information, the registered person is satisfied that there is no reason why that person should not start working as an employee;
(c)
(c) the registered person considers that the circumstances are exceptional; and
(d)
(d) pending receipt of any outstanding information, the registered person ensures that that person is appropriately supervised while that person is carrying out their duties.
(4) The registered person must take reasonable steps to ensure that any employee who is working at premises or a site used by the service to provide care or supervision of children or their families is appropriately supervised while carrying out those duties.
Employment of staff
9. The registered person must—
(a) provide all employees with a job description outlining their responsibilities;
(b) operate a disciplinary procedure with respect to employees; and
(c) ensure that all employees receive appropriate supervision and training.
Fitness of premises
10.—(1) The registered provider must ensure that all premises or sites used to provide care or services directly to children or their families are—
(a)
(a) of sound construction and kept in good structural repair externally and internally;
(b)
(b) suitably furnished and with adequate space to meet the needs of the service users; and
(c)
(c) in a reasonably safe and accessible location so as to meet the needs of the service users.
(2) The registered provider must ensure that all premises or sites contain appropriate facilities to safeguard access to information held by the service, and to safeguard access from adjacent premises or, when the premises form part of a building, from other parts of the building.
Notice of changes
11.—(1) The registered provider must give notice in writing to HMCI without delay if an event in paragraph (2) takes place or is proposed to take place.
(2) The events are—
(a)
(a) there is a change of registered manager;
(b)
(b) the name or address of the registered provider is changed;
(c)
(c) there is a change of director, manager, secretary or other similar officer of the registered provider;
(d)
(d) there is a significant change in the shares or other ownership of the registered provider;
(e)
(e) there is a change in the identity of the responsible individual.
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