The Residential Holiday Schemes for Disabled Children (England) Regulations 2013
| Jurisdiction | UK Non-devolved |
| Citation | SI 2013/1394 |
| Year | 2013 |
2013 No. 1394
Social Care, England
Children And Young Persons, England
The Residential Holiday Schemes for Disabled Children (England) Regulations 2013
Made 5th June 2013
Laid before Parliament 10th June 2013
Coming into force 1st July 2013
The Secretary of State, in exercise of the powers conferred upon him by sections 1(4A), 11(4), 12(2), 14(1)(d), 15(3) and (5), 16(1) and (3), 22(1), (2)(a) to (d) and (f) to (j), (5)(a) and (c), (7)(a) to (d) and (g) to (j), 31(7), 35, 42(1), 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 Residential Holiday Schemes for Disabled Children (England) Regulations 2013 and come into force on 1st July 2013.
(2) These Regulations apply in relation to holiday schemes for disabled children carried on in England.
Interpretation
2.—(1) In these Regulations—
“the Act” means the Care Standards Act 2000 and, with respect to Part 2 of that Act, means that Part as applied with modifications to holiday schemes for disabled children by the Care Standards Act 2000 (Extension of the Application of Part 2 to Holiday Schemes for Disabled Children) (England) Regulations 20133and by regulation 35;
“child protection enquiry” means an enquiry carried out by a local authority in the exercise of any of their functions conferred by or under the Children Act 19894relating to the protection of children;
“disabled children” means children who are of a description of persons falling within section 3(2) of the Act;
“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 19835;
“HMCI” means Her Majesty’s Chief Inspector of Education, Children’s Services and Skills;
“holiday scheme for disabled children” means a scheme which is carried on solely to provide care (other than childcare within the meaning of section 18 of the Childcare Act 20066) and accommodation wholly or mainly for disabled children for a specified period—
(i) for the purposes of a holiday; or
(ii) for recreational, sporting, cultural or educational purposes,
and references to a “scheme” are to be construed accordingly;
“organisation”, other than in regulation 14, means a body corporate or any unincorporated association, other than a partnership;
“placing authority” in relation to a child accommodated by a scheme means—
(i) in the case of a child who is looked after by a local authority, that local authority;
(ii) in the case of a child who is not looked after by a local authority, if that child is being provided with accommodation by a voluntary organisation7, that voluntary organisation;
(iii) in any other case, the child’s parent;
“registered dental practitioner” means a person registered in the dentists register under section 14 of the Dentists Act 19848;
“registered manager” means a person who is registered under Part 2 of the Act as the manager of the scheme;
“registered person” means any person who is the registered provider or the registered manager of the scheme;
“registered provider” means a person who is registered under Part 2 of the Act as the person carrying on the scheme;
“responsible individual” is to be construed in accordance with regulation 5(2)(c);
“specified period” means, in any twelve month period—
(i) a period not exceeding 56 days in total; and
(ii) in relation to any one child, a period of no more than 28 consecutive days;
“statement of purpose” means the statement compiled in accordance with regulation 3(1).
(2) In these Regulations, references to employing a person mean the registered person employing or allowing a person to work for the purposes of the scheme, 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.
Statement of purpose
3.—(1) The registered person must compile a written statement covering the matters listed in Schedule 1.
(2) The registered person must provide a copy of the statement of purpose to HMCI and, on request, to—
(a)
(a) a child accommodated by the scheme;
(b)
(b) the parent of a child accommodated by the scheme; or
(c)
(c) an employee.
(3) References in paragraph (2) to a child accommodated by the scheme include a child in respect of whom accommodation by the scheme is being considered.
(4) The registered person must ensure that the scheme is conducted in a manner which is consistent with its statement of purpose.
Review of the statement of purpose
4. The registered person must—
(a) keep the statement of purpose under review; and
(b) notify HMCI of a revision to the statement within 28 days of the date on which the revision is made.
PART 2
Registered Persons
Fitness of registered provider
5.—(1) A person must not carry on a scheme unless that person is fit to do so.
(2) A person is not fit to carry on a scheme unless the person—
(a)
(a) is an individual who satisfies the requirements in paragraph (3);
(b)
(b) is a partnership, and each of the partners satisfies the requirements in paragraph (3);
(c)
(c) is an organisation and—
(i) the organisation has given notice to HMCI of the name, address and position in the organisation of an individual (in these Regulations referred to as “the responsible individual”) who is a director, manager, secretary or other officer of the organisation and is responsible for the carrying on of the scheme; and
(ii) that individual satisfies the requirements in paragraph (3).
(3) The requirements are that—
(a)
(a) the person is of integrity and good character;
(b)
(b) having regard to the size of the scheme, its statement of purpose, and the number and needs of the children accommodated, the person—
(i) has the experience, qualifications and skills necessary for carrying on the scheme;
(ii) is mentally and physically fit to carry on the scheme; and
(c)
(c) the information in relation to the person in respect of each of the matters in Schedule 2 is available to HMCI.
(4) A person must not carry on a scheme if that person has—
(a)
(a) been adjudged bankrupt, or sequestration of that person’s estate has been awarded, or a moratorium period under a debt relief order (within the meaning of section 251A of the Insolvency Act 19869), applies in relation to that person and that person has not been discharged from the bankruptcy or the sequestration and the bankruptcy order has not been annulled or rescinded; or
(b)
(b) made a composition or arrangement with a creditor and has not been discharged in respect of it.
Appointment of manager
6.—(1) The registered provider must appoint an individual to manage the scheme if the registered provider is—
(a)
(a) an organisation or a partnership;
(b)
(b) not a fit person to manage the scheme; or
(c)
(c) not, or does not intend to be, in day-to-day charge of the scheme.
(2) Where the registered provider appoints a person to manage the scheme, 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
7.—(1) A person must not manage a scheme unless that person is fit to do so.
(2) A person is not fit to manage a scheme unless—
(a)
(a) that person is of integrity and good character;
(b)
(b) having regard to the size of the scheme, its statement of purpose, and the number and needs of the children accommodated, the person—
(i) has the experience, qualifications and skills necessary for managing the scheme; and
(ii) is mentally and physically fit to manage the scheme; and
(c)
(c) the information in relation to the person in respect of each of the matters in Schedule 2 is available to the registered provider and HMCI.
Registered person: training requirements
8.—(1) If the registered provider is—
(a)
(a) an individual, that individual must undertake;
(b)
(b) an organisation, it must ensure that the responsible individual undertakes;
(c)
(c) a partnership, it must ensure that one of the partners undertakes,
from time to time such training as is appropriate to ensure that that person has the experience and skills necessary for carrying on the scheme.
(2) The registered manager must from time to time undertake such training as is appropriate to ensure that that person has the experience and skills necessary for managing the scheme.
Notification of offences
9. Where the registered person or the responsible individual 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.
PART 3
Conduct of Holiday Schemes for Disabled Children
CHAPTER 1
Welfare of Children
Promotion of welfare
10.—(1) The registered person must ensure that the scheme is conducted so as to—
(a)
(a) promote and make proper provision for the welfare of children it accommodates; and
(b)
(b) make proper provision for the care, supervision and, where appropriate, treatment of those children.
(2)...
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