|
|
|
|
|
|
|
Navigation
News
|
 |
Welsh Statutory Instrument 2003 No. 781 (W.92)The Residential Family Centres (Wales) Regulations 2003(The document as of February, 2008) STATUTORY INSTRUMENTS2003 No. 781 (W.92)CHILDREN AND YOUNG PERSONS, WALESSOCIAL CARE, WALESThe Residential Family Centres (Wales) Regulations 2003
The National Assembly for Wales, in exercise of the powers conferred upon it by sections 4(6), 16(3), 22(1), (2)(a) to (d) and (f) to (j), (5)(a) and (c), (7)(a) to (j), 25(1), 34(1), 35(1), and 118(5) to (7) of the Care Standards Act 2000[1] and having consulted such persons as it considers appropriate[2] hereby makes the following Regulations: - Citation, commencement and application 1. - (1) These Regulations may be cited as the Residential Family Centres (Wales) Regulations 2003 and shall come into force on 1st September 2003. (2) These Regulations apply in relation to residential family centres in Wales. Interpretation 2. - (1) In these Regulations -
(b) in any other case, any office of the National Assembly;
(b) performs personal medical services in connection with a pilot scheme under the National Health Service (Primary Care) Act 1997[5]; or (c) provides services which correspond to services provided under Part II of the National Health Service Act 1977 otherwise than in pursuance of that Act;
(2) In these Regulations, save where otherwise provided, references to a child do not include a parent accommodated in a residential family centre who is under the age of 18.
(b) in a regulation or Schedule to a numbered paragraph, is to the paragraph in that regulation or Schedule bearing that number. (5) The National Assembly may specify an office controlled by it as the appropriate office in relation to a residential family centre situated in a particular part of Wales.
(b) it is a hostel or a domestic violence refuge; or (c) in any other case, the main purpose of the establishment is to provide accommodation together with other services or facilities to adult individuals, and the fact that those individuals may be parents, or may be accompanied by their children, is incidental to the main purpose of the establishment. Statement of Purpose
(b) any resident; (c) any local authority exercising any functions under the 1989 Act relating to the residential family centre. (3) The registered person must produce a written guide to the residential family centre (the "resident's guide") which includes a summary of the statement of purpose, and must supply a copy of it to the appropriate office of the National Assembly and to each parent accommodated in the residential family centre.
(b) notify the appropriate office of the National Assembly within 28 days of any such revision. (5) Subject to paragraph (6) the registered person must ensure that the residential family centre is at all times conducted in a manner which is consistent with its statement of purpose.
(b) the conditions for the time being in force in relation to the registration of the registered person under Part II of the 2000 Act. Fitness of registered provider 5. - (1) A person must not carry on a residential family centre unless he or she is fit to do so. (2) A person is not fit to carry on a residential family centre unless the person -
(b) is an organisation and -
(ii) that individual satisfies the requirements set out in paragraph (3). (3) The requirements are that -
(b) the individual is physically and mentally fit to carry on the residential family centre; and (c) full and satisfactory information is available in relation to the individual -
(ii) where paragraph (4) applies, in respect of each matter specified in paragraphs 1 and 3 to 7 of Schedule 2; (iii) and further, where paragraph (4) applies, in a written report of a check on the lists maintained pursuant to section 1 of the Protection of Children Act 1999[6]and regulations made under section 218 of the Education Reform Act 1988[7]. (4) This paragraph applies where an individual has applied for a certificate referred to in paragraph 2 of Schedule 2 but the certificate has not been issued.
(b) he or she has made a composition or arrangement with his or her creditors, and has not been discharged in respect of it. Appointment of manager
(b) the registered provider -
(ii) is not a fit person to manage a residential family centre; or (iii) is not, or does not intend to be, in full-time day to day charge of the residential family centre. (2) Where the registered provider appoints a person to manage the residential family centre, the registered provider must forthwith give notice to the appropriate office of the National Assembly of -
(b) the date on which the appointment is to take effect. Fitness of manager
(b) having regard to the size of the residential family centre, the statement of purpose, and the number and needs of the residents -
(ii) the person is physically and mentally fit to do so; (c) full and satisfactory information is available in relation to the person -
(ii) where paragraph (3) applies, in respect of each matter specified in paragraphs 1 and 3 to 7 of Schedule 2; (iii) and further, where paragraph (3) applies, in a written report of a check on the lists maintained pursuant to section 1 of the Protection of Children Act 1999[8] and regulations made under section 218 of the Education Reform Act 1988[9]. (3) This paragraph applies where an individual has applied for a certificate referred to in paragraph 2 of Schedule 2 but the certificate has not been issued.
(b) an organisation, it must ensure that the responsible individual undertakes, from time to time such training as is appropriate to ensure that he or she has the skills necessary for carrying on the residential family centre.
(b) the offence of which he or she was convicted; and (c) the penalty imposed in respect of the offence. Health and welfare of residents 10. - (1) The registered person must ensure that the residential family centre is conducted so as to -
(b) make such provision for the care, treatment, education and supervision of residents as is appropriate to their age and needs; (2) The registered person must, so far as is practicable, ascertain and take into account the wishes and feelings of residents when making decisions concerning their health and welfare, or the manner in which they are treated.
(b) with due regard to the sex, religious persuasion, racial origin, and cultural and linguistic background and any disability of residents. (4) In complying with this regulation, the registered person must, wherever there is a conflict between the interests of the members of a family, treat the welfare of the child in that family as paramount.
(b) any activities in which residents participate are so far as reasonably practicable free from avoidable risks; and (c) unnecessary risks to the health or safety of residents are identified and so far as possible eliminated. (5) The registered person must make arrangements, by training persons working at the residential family centre or by other measures, to prevent residents being harmed or suffering abuse or being placed at risk of harm or abuse.
(b) sets out the procedure to be followed in the event of any allegation of abuse or neglect. (2) The procedure under paragraph (1)(b) must in particular provide for -
(b) the prompt referral to the local authority in whose area the residential family centre is situated, of any allegations of abuse or neglect affecting any child accommodated in the residential family centre; (c) notification of the instigation and outcome of any child protection enquiries involving any child accommodated in the residential family centre, to the appropriate office of the National Assembly; (d) written records to be kept of any allegation of abuse or neglect, and of the action taken in response; (e) consideration to be given in each case to the measures which may be necessary to protect children in the residential family centre following an allegation of abuse or neglect; (f) a requirement for employees of the registered person to report any concerns about the welfare or safety of any child accommodated at the residential family centre to one of the following -
(ii) a police officer; (iii) an officer of the appropriate office of the National Assembly; (iv) an officer of the local authority for the area in which the residential family centre is situated, or (v) an officer of the National Society for the Prevention of Cruelty to Children; (g) arrangements to be made for residents and persons working at the residential family centre, to have access at all times and in an appropriate form, to information which would enable them to contact the local authority for the area in which the residential family centre is situated, or the appropriate office of the National Assembly concerning the welfare or safety of children accommodated in the residential family centre. (3) In this regulation -
(b) "child" also includes any parent who is under the age of 18. (4) The registered person must prepare and implement a written policy for the prevention of bullying in the residential family centre which includes, in particular, a procedure for dealing with an allegation of bullying.
(b) the objectives and intended outcome of the placement. (2) The registered person must keep under review and revise the placement plan as necessary.
(b) take account of any relevant assessment or other report relating to any member of the family which may be provided by the placing authority. (4) The registered person must supply a copy of the placement plan and any revision of it to the placing authority and to the parent within the family to which it relates.
(b) provide in rooms occupied by families adequate furniture, bedding and other furnishings, including curtains, floor coverings, and equipment; (c) provide adequate laundry facilities for parents to wash, dry and iron clothes and linen for their families; (d) provide sufficient and suitable cleaning materials and equipment; (e) provide sufficient and suitable kitchen equipment, crockery, cutlery and utensils, and adequate facilities for the storage of food; (f) provide suitable facilities for parents to prepare food for their families, and suitable dining facilities for residents; (g) take adequate precautions against risk of accidents, including the training of persons working at the residential family centre in first aid; (h) provide a place where the money and valuables of residents may be deposited for safe keeping; and (i) provide adequate facilities for recreation and leisure. Staffing of residential family centre
(b) the need to safeguard and promote the health and welfare of residents, a sufficient number of suitably qualified, competent and experienced persons working for the residential family centre.
(b) allow a person to whom paragraph (2) applies, to work for the purposes of the residential family centre unless that person is fit to work for a residential family centre. (2) This paragraph applies to any person who is employed by a person other than the registered person in a position in which he may in the course of his duties have regular contact with residents.
(b) he or she is physically and mentally fit for the purposes of the work he or she is to perform; and (c) full and satisfactory information in relation to each of the matters listed in Schedule 2 has been obtained in relation to him or her. (4) The registered person must take reasonable steps to ensure that any person working for a residential family centre who is not employed by the registered person and to whom paragraph (2) does not apply is appropriately supervised while carrying out his or her duties.
(b) provide all employees with a job description outlining their responsibilities. (2) The registered person must operate a disciplinary procedure which, in particular -
(b) provides that the failure on the part of an employee to report an incident of abuse, or suspected abuse of a child in the residential family centre to an appropriate person is a ground on which disciplinary proceedings may be instituted. (3) For the purposes of paragraph (2)(b), an appropriate person is -
(b) an officer of the appropriate office of the National Assembly; (c) a police officer; (d) an officer of the local authority in whose area the residential family centre is situated; or (e) an officer of the National Society for the Prevention of Cruelty to Children. (4) In paragraph (2), "child" also includes a parent who is under the age of 18.
(b) are enabled from time to time to obtain further qualifications appropriate to the work they perform. Staff views as to conduct of residential family centre
(b) is kept up to date; and (c) is retained in a place of security for a period of fifteen years from the date of the last entry. (2) The record referred to in paragraph (1) must be kept securely and is not be disclosed to any person except in accordance with -
(b) any court order authorising access to such records. (3) The registered person must also maintain the records specified in Schedule 4 in respect of the residential family centre.
(b) at all times available for inspection in the residential family centre by any person authorised by the appropriate office of the National Assembly to enter and inspect the residential family centre; and (c) retained for a period of not less than three years from the date of the last entry. (5) A record kept in accordance with paragraph (1) must be retained in the residential family centre so long as the family to which it relates is accommodated there.
(b) the procedure (if any) that has been notified by the of the appropriate office of the National Assembly to the registered person for the making of complaints to the appropriate office of the National Assembly relating to residential family centres. (5) The registered person must, within 28 days after the date on which the complaint is made, or such shorter period as may be reasonable in the circumstances, inform the person who made the complaint of the action (if any) that is to be taken. Fitness of premises 21. - (1) Subject to regulation 4(6), the registered person must not use premises for the purposes of a residential family centre unless -
(b) the location of the premises is appropriate to the needs of residents. (2) The registered person must ensure that -
(b) the premises to be used as the residential family centre are of sound construction and kept in a good state of repair externally and internally; (c) all parts of the residential family centre are kept clean and reasonably decorated; (d) adequate private and communal accommodation is provided for families; (e) the size and layout of rooms occupied or used by families are suitable for their needs, and each family is provided with at least one room for its exclusive use; (f) suitable facilities are provided for residents to meet, in private, with any person authorised by the appropriate office of the National Assembly; (g) there are provided at appropriate places in the premises sufficient numbers of lavatories, and of wash-basins, baths and showers fitted with a hot and cold water supply; (h) the premises are equipped with what is reasonably necessary, and adapted as necessary, in order to meet the needs arising from the disability of any disabled resident; (i) suitable facilities are provided for private study for any resident requiring them; (j) external grounds which are suitable for, and safe for use by, residents are provided and appropriately maintained; (k) adequate ventilation, heating and lighting is provided in all parts of the residential family centre which are used by residents. (3) The registered person must provide for persons working at the residential family centre -
(ii) storage facilities; (b) sleeping accommodation where the provision of such accommodation is needed for persons working at the residential family centre in connection with their work. Fire Precautions
(b) provide adequate means of escape, (c) make adequate arrangements -
(ii) for giving warnings of fires; (iii) for the evacuation, in the event of fire, of all persons in the residential family centre and safe placement of residents; (iv) for the maintenance of all fire equipment; and (v) for reviewing fire precautions, and testing fire equipment, at suitable intervals; (d) make arrangements for persons working at the residential family centre to receive suitable training in fire prevention; and (2) In this regulation, "fire authority" means the authority discharging in the area in which a residential family centre is situated, the function of fire authority under the Fire Services Act 1947[10] . Review of quality of care 23. - (1) The registered person must establish and maintain a system for -
(b) improving, the quality of care provided at the residential family centre.
(b) a reference from a bank expressing an opinion as to the registered provider's financial standing; (c) information as to the financing and financial resources of the residential family centre; (d) where the registered provider is a company, information as to any of its associated companies; (e) a certificate of insurance for the registered provider in respect of liability which may be incurred by him or her in relation to the residential family centre in respect of death, injury, public liability, damage or other loss. (3) In this regulation a company is an associated company of another if one of them has control of the other or both are under the control of the same person.
(b) another of the directors or other persons responsible for the management of the organisation; or (c) an employee of the organisation who is not directly concerned with the conduct of the residential family centre. (3) Visits under paragraph (1) or (2) shall take place at least once a month and may be unannounced.
(b) inspect the premises of the residential family centre, its daily log of events and records of any complaints; and (c) prepare a written report on the conduct of the residential family centre. (5) The registered provider must supply a copy of the report required to be made under paragraph (4)(c) to -
(b) the registered manager; and (c) in the case of a visit under paragraph (2) where the registered provider is an organisation, to each of the directors or other persons responsible for the management of the organisation. Notification of death, illness and other events 26. - (1) The registered person must give notice to the appropriate office of the National Assembly without delay of the occurrence of -
(b) the outbreak in the residential family centre of any infectious disease which in the opinion of any registered medical practitioner attending residents of the residential family centre is sufficiently serious to be so notified; (c) any serious accident, serious injury or serious illness sustained by a resident; (d) any serious incident in the residential family centre necessitating the calling of police to the residential family centre; (e) any child protection enquiry involving any resident, which relates to any concern arising during the period in which a person is accommodated in a residential family centre; (f) any allegation of misconduct by the registered person or by any person who works at the residential family centre. (2) Any notification made in accordance with this regulation which is given orally shall be confirmed in writing.
(b) the registered manager, proposes to be absent from the residential family centre for a continuous period of 28 days or more, the registered person must give notice in writing to the appropriate office of the National Assembly of the proposed absence.
(b) the reason for the proposed absence; (c) the arrangements which have been made for the running of the residential family centre during that absence; (d) the name, address and qualifications of the person who will be responsible for the residential family centre during the absence; and (e) in the case of the absence of the registered manager, the arrangements that have been, or are proposed to be, made for appointing another person to manage the residential family centre during that absence, including the proposed date by which the appointment is to be made. (3) Where the absence arises as a result of an emergency, the registered person must give notice of the absence within one week of its occurrence specifying the matters in sub-paragraphs (a) to (e) of paragraph (2).
(b) the registered manager, has been absent from the residential family centre for a continuous period of 28 days or more, and the appropriate office of the National Assembly has not been given notice of the absence, the registered person must without delay give notice in writing to the appropriate office of the National Assembly specifying the matters mentioned in sub-paragraphs (a) to (e) of paragraph (2).
(b) a person ceases to carry on or manage the residential family centre; (c) where the registered person is an individual, he or she changes his or her name; (d) where the registered provider is an organisation -
(ii) there is any change of director, manager, secretary or other similar officer of the organisation; (iii) there is to be any change of responsible individual; (e) where the registered provider is an individual, a trustee in bankruptcy is appointed; Appointment of liquidators etc.
(b) appoint a manager to take full-time day-to-day charge of the residential family centre in any case where there is no registered manager; and (c) within 28 days of his or her appointment, notify the appropriate office of the National Assembly of his or her intentions regarding the future operation of the residential family centre. (2) This paragraph applies to any person appointed as -
(b) a liquidator or provisional liquidator of a company which is the registered provider of a residential family centre; (c) the receiver or manager of the property of a partnership whose business includes carrying on a residential family centre; or (d) the trustee in bankruptcy of a registered provider of a residential family centre. Death of registered person
(b) within 28 days of their intentions regarding the future operation of the residential family centre. (3) The personal representatives of a deceased registered provider may carry on the residential family centre without being registered in respect of it -
(b) for any further period as may be determined in accordance with paragraph (4). (4) The appropriate office of the National Assembly may extend the period specified in paragraph (3)(a) by such further period, not exceeding one year, as the appropriate office of the National Assembly shall determine and shall notify any such determination to the personal representatives in writing.
(b) in the definition of "statement of purpose" there shall be added "(e) in relation to residential family centres, the written statement required to be compiled in relation to the residential family centre in accordance with regulation 4(1) of the Residential Family Centres (Wales) Regulations 2003;" (4) After regulation 10 (Annual fee - boarding schools and colleges), there shall be inserted the following regulation -
11. - (1) The annual fee in respect of a residential family centre which shall be paid by the registered provider shall be the sum of the amounts identified in sub-paragraphs (a) and (b) -
(b) Ј50 multiplied by the relevant number, except that if the product of that multiplication is a negative number the product of the multiplication shall instead be deemed to be zero for the purposes of the summation performed under this paragraph. (2) The relevant number for the purposes of paragraph (1) in respect of a residential family centre is the number of approved places at the centre, minus the number three. Transitional Provisions
(b) if the application is granted subject to conditions which have not been so agreed, or refused -
(ii) if an appeal is brought, until it is determined or abandoned. (3) This paragraph applies where -
(b) it appears to the justice that, unless the order is made, there will be a serious risk to a person's life, health or well-being. (4) Where paragraph (3) applies -
(b) section 11 of the 2000 Act will apply to the unregistered provider, and paragraph (2) of this regulation shall cease to apply to the unregistered provider, from the time when the order is made. 1.A statement of the aims and objectives of the residential family centre. 2.A statement of the facilities and services, including details of the type of accommodation, to be provided by the residential family centre. 3.The name and address of the registered provider and of any registered manager. 4.The relevant qualifications and experience of the registered provider and registered manager. 5.The number, relevant qualifications and experience of persons working at the residential family centre. 6.The organisational structure of the residential family centre. 7.The fees and charges of the residential family centre. 8.The criteria for admission to the residential family centre, including, as applicable, the minimum and maximum ages (if any) of parents and children to be accommodated. 9.A description of the underlying ethos and philosophy of the residential family centre, and where this is based on any theoretical or therapeutic model, a description of that model. 10.A description of any specific assessment, monitoring or therapeutic techniques to be used in the residential family centre and of the arrangements for their supervision. 11.A description of the advice, guidance and counselling provided, including the arrangements for professional supervision. 12.The fire precautions and associated emergency procedures in the residential family centre. 13.The arrangements for dealing with complaints. 14.The rules and conditions applying to residents, and the circumstances in which placements may be terminated. 15.The arrangements for respecting the privacy and dignity of residents. 16.The policy relating to the use of drugs and alcohol in the residential family centre. 17.The residential family centre's confidentiality policy. 18.The arrangements for protecting children. 1.Positive proof of identity. 2.Either -
(b) in any other case, a criminal record certificate issued under section 113 of that Act, including in either case, the result of checks made in accordance with, as the case may be, section 113(3A) or 115(6A) of that Act.
(b) in respect of which the person has been cautioned and which, at the time the caution was given, the person admitted. 1.In respect of each member of the family -
(b) any name by which he has previously been known; (c) his date of birth and sex; (d) his religious persuasion (if any); and (e) a description of his racial origin, cultural and linguistic background. 2.The name of the placing authority, if any, and the name, address and telephone number of a representative of that authority. 1.A copy of the statement of purpose. 2.A record in the form of a register showing -
(b) the date on which he or she took up residence at the residential family centre; (c) the date on which, and the reason why, he or she ceased to be accommodated there; (d) the name of the person or organisation responsible for arranging the family's stay in the residential family centre; (e) the name and address of the general practitioner and social worker if any, of each member of the family; (f) in the case of a child, any court order to which he or she is subject; (g) in the case of a child who is subject to a care order, the name, address and telephone number of the designated local authority and of the officer of the authority responsible for the child's case. 3.A statement of the procedure to be followed in the event of accidents or in the event of a resident going missing.
(b) any incident which is detrimental to the health or welfare of a resident, including the outbreak of infectious disease; (c) any injury or illness to any resident; (d) any fire; (e) any theft or burglary. 7.A record showing in respect of each person employed at the residential family centre -
(b) sex; (c) date of birth; (d) home address; (e) qualifications relevant to, and experience of work involving children; (f) the position held bythat person, and the average number of hours worked by him or her per week. 8.A copy of any report made under regulation 25. (This note is not part of the Regulations) These Regulations are made under the Care Standards Act 2000 ("the Act") and apply in relation to residential family centres in Wales. Parts I and II of the Act provide for the National Assembly for Wales, in relation to Wales, to register and inspect establishments and agencies. The Act also provides for the Assembly to make regulations governing the conduct of establishments and agencies in relation to Wales. Regulation 3 excludes certain establishments from the definition of a residential family centre under section 1 of the Act. These include any establishment which is a health service hospital, independent hospital, independent clinic, care home, hostel or domestic violence refuge. Under regulation 4, each residential family centre must have a statement of purpose consisting of the matters set out in schedule 1, and a resident's guide to the centre. The residential family centre must be carried on in a manner which is consistent with the statement of purpose. Part II makes provision about the persons carrying on or managing the home, and requires satisfactory information to be available in relation to the matters prescribed in schedule 2. Where the provider is an organisation, it must nominate a responsible individual in respect of whom this information must be available (regulation 5). Regulation 6 prescribes the circumstances where a manager must be appointed for the residential family centre, and regulation 8 imposes general requirements in relation to the proper conduct of the residential family centre, and the need for appropriate training. Part III makes provision about the conduct of residential family centres, in particular as to health and welfare of residents, child protection and the drawing up of placement plans. Provision is also made about the staffing of residential family centres, and the fitness of workers, and about complaints and record keeping. Part IV makes provision about the suitability of premises, and the fire precautions to be taken. Part V deals with the management of residential family centres. Regulation 23 requires the registered person to review the quality of care provided at the residential family centre. Regulation 24 imposes requirements as to the financial position of the residential family centre. Regulation 25 requires the registered provider to visit the residential family centre as prescribed. Part VI deals with miscellaneous matters including the giving of notices to the Assembly. Regulation 31 provides for offences, a breach of the regulations specified in regulation 31 may found an offence on the part of the registered person. Regulation 33 amends The Regulation of Social Care and Independent Healthcare (Fees) (Wales) Regulations 2002 by prescribing the annual fee in respect of the registration of residential family centres. Notes: [1]2000 c.14. The powers are exercisable by the appropriate Minister, who is defined in section 121(1) of the 2000 Act, in relation to Wales, as the National Assembly for Wales and, in relation to England, Scotland and Northern Ireland, as the Secretary of State. "Prescribed" and "regulations" are defined in section 121(1) of that Act.back [2]See section 22(9) of the 2000 Act for the requirement to consult.back [3]1989 c.41back [4]1977 c.49.back [5]1997 c.46.back [6]1999 c.14.back [7]1988 c.40.back [8]1999 c.14.back [9]1988 c.40.back [10]1947 c.41.back [11]S.I. 2002/921 as amended by the Inspection of Boarding Schools and Colleges (Powers and Fees) (Wales) Regulation 2002 (S.I. 2002/3161).back [12]1998 c.38.back [13]1997 c.50. A position is within section 115(3) if it involves regularly caring for, training, supervising or the holder being in sole charge of persons aged under 18.back [14]1974 c.53back [15]S.I. 1975/1023. Relevant amendments have been made by S.I. 1986/1249, S.I. 1986/2268 and S.I. 2001/1192.back ISBN0 11090733 7 -- Back --
Stat
| |
Other
|