United Kingdom Statutory Instruments

"the Act" means the Care Standards Act 2000;

(a) is an individual who carries on the children's home - 


(i) otherwise than in partnership with others, and he satisfies the requirements set out in paragraph (3);

(ii) in partnership with others, and he and each of his partners satisfies the requirements set out in paragraph (3);



(b) is a partnership, and each of the partners satisfies the requirements set out in paragraph (3);

(c) is an organisation and - 



(i) the organisation has given notice to the Commission 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 supervising the management of the children's home; and

(ii) that individual satisfies the requirements set out in paragraph (3).

    (3) The requirements are that - 

(a) he is of integrity and good character;

(b) he is physically and mentally fit to carry on the children's home; and

(c) full and satisfactory information is available in relation to him - 


(i) except where paragraph (4) applies, in respect of each of the matters specified in paragraphs 1 to 6 of Schedule 2;

(ii) where paragraph (4) applies, in respect of each of the matters specified in paragraphs 1 and 3 to 7 of Schedule 2.

(a) promote and make proper provision for the welfare of children accommodated there; and

(b) make proper provision for the care, education, supervision and, where appropriate, treatment, of children accommodated there.

    (2) The registered person shall make suitable arrangements to ensure that the home is conducted - 

(a) in a manner which respects the privacy and dignity of children accommodated there; and

(b) with due regard to the sex, religious persuasion, racial origin, and cultural and linguistic background and any disability of children accommodated there.

(a) the size of the children's home, the statement of purpose, and the number and needs (including any needs arising from any disability) of the children accommodated there; and

(b) the need to safeguard and promote the health and welfare of the children accommodated in the home,

(a) includes the information, documents and records specified in Schedule 3 relating to that child;

(b) is kept up to date; and

(c) is signed and dated by the author of each written entry.

    (2) The record mentioned in paragraph (1) may not be disclosed to any person except in accordance with - 

(a) any provision of, or made under, or by virtue of, a statute under which access to such records is authorised; or

(b) any court order authorising access to such records.

    (3) The record mentioned in paragraph (1) shall be - 

(a) kept securely in the children's home so long as the child to whom it relates is accommodated there; and

(b) thereafter retained in a place of security,

(a) adequately lit, heated and ventilated;

(b) secure from unauthorised access;

(c) suitably furnished and equipped;

(d) of sound construction and kept in good structural repair externally and internally;

(e) kept clean and reasonably decorated and maintained; and

(f) equipped with what is reasonably necessary, and adapted as necessary, in order to meet the needs arising from his disability of any disabled child accommodated in the home so as to enable him to live as normal a life as possible.

    (3) The registered person shall ensure that the children's home is kept free from offensive odours and make suitable arrangements for the disposal of general and clinical waste.

    (4) The registered person shall ensure that there are within the children's home for use by children accommodated there in conditions of appropriate privacy - 

(a) a sufficient number of wash basins, baths and showers supplied with hot and cold running water; and

(b) a sufficient number of lavatories,

for the number and sex of children accommodated.

    (5) The registered person shall provide for the number and needs of children accommodated in the children's home - 

(a) sufficient and suitable kitchen equipment, crockery, cutlery and utensils;

(b) adequate facilities for the preparation and storage of food; and

(c) so far as is practicable, adequate facilities for children to prepare their own food if they so wish, and are of an age and ability, to do so.

    (6) The registered person shall ensure that there are within a children's home adequate facilities for laundering linen and clothing, and, for children wishing to do so, to wash, dry and iron their own clothes.

    (7) The registered person shall ensure that there is provided within a children's home - 

(a) adequate communal space for sitting, recreation and dining; and

(b) such facilities for private study as are appropriate to the age and educational needs of the children accommodated.

    (8) The registered person shall ensure that each child is provided with sleeping accommodation which is - 

(a) suitable to his needs including his need for privacy; and

(b) equipped with furniture, storage facilities, lighting, bedding and other furnishings including window and floor coverings suitable to his needs.

    (9) The registered person shall ensure that no child shares a bedroom with an adult, nor (except in the case of siblings) a child who is of the opposite sex or of a significantly different age to him.

    (10) The registered person shall provide for persons working at the children's home - 

(a) suitable facilities and accommodation, other than sleeping accommodation, including - 


(i) facilities for the purpose of changing;

(ii) storage facilities;



(b) sleeping accommodation where the provision of such accommodation is needed in connection with their work at the home.

(a) the responsible individual or one of the partners, as the case may be;

(b) another of the directors or other persons responsible for the management of the organisation or partnership; or

(c) an employee of the organisation or partnership who is not directly concerned with the conduct of the home.

    (3) Visits under paragraph (1) or (2) shall take place at least once a month and may be unannounced.

    (4) The person carrying out the visit shall - 

(a) interview, with their consent and in private, such of the children accommodated there, their parents, relatives and persons working at the home as appears necessary in order to form an opinion of the standard of care provided in the home;

(b) inspect the premises of the children's home, its daily log of events and records of any complaints; and

(c) prepare a written report on the conduct of the home.

    (5) The registered provider shall supply a copy of the report required to be made under paragraph (4)(c) to - 

(a) the Commission;

(b) the registered manager of the children's home; and

(c) in the case of a visit under paragraph (2) - 


(i) where the registered provider is an organisation, to each of the directors or other persons responsible for the management of the organisation; and

(ii) where the registered provider is a partnership, to each of the partners.

(a) the registered provider, if he is the person in day to day charge of the children's home; or

(b) the registered manager,

proposes to be absent from the home for a continuous period of 28 days or more, the registered person shall give notice in writing to the Commission of the proposed absence.

    (2) Except in the case of an emergency, the notice referred to in paragraph (1) shall be given no later than one month before the proposed absence commences, or within such shorter period as may be agreed with the Commission and the notice shall specify with respect to the proposed absence - 

(a) its length or expected length;

(b) the reason for it;

(c) the arrangements which have been made for running the children's home;

(d) the name, address and qualifications of the person who will be responsible for the home 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 children's home during the 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 shall give notice of the absence within one week of its occurrence specifying the matters mentioned in sub-paragraphs (a) to (e) of paragraph (2).

    (4) Where - 

(a) the registered provider if he is the person in day to day charge of the home; or

(b) the registered manager,

(a) the age-range, sex and numbers of children for whom it is intended that accommodation should be provided;

(b) whether it is intended to accommodate children who are disabled, have special needs or any other special characteristics; and

(c) the range of needs (other than those mentioned in sub-paragraph (b)) that the home is intended to meet.

     9. Any criteria used for admission to the home, including the home's policy and procedures for emergency admissions, if the home provides for emergency admissions.

     10. If the children's home provides or is intended to provide accommodation for more than six children, a description of the positive outcomes intended for children in a home of such a size, and of the home's strategy for counteracting any adverse effects arising from its size, on the children accommodated there.

     11. A description of the children's home's underlying ethos and philosophy, and where this is based on any theoretical or therapeutic model, a description of that model.

     12. The arrangements made to protect and promote the health of the children accommodated at the home.

     13. The arrangements for the promotion of the education of the children accommodated there, including the facilities for private study.

     14. The arrangements to promote children's participation in recreational, sporting and cultural activities.

     15. The arrangements made for consultation with the children accommodated about the operation of the children's home.

     16. The arrangements made for the control, restraint and discipline of children.

     17. The arrangements made for child protection and to counter bullying.

     18. The procedure for dealing with any unauthorised absence of a child from the children's home.

     19. A description of any electronic or mechanical means of surveillance of children which may be used in the children's home.

     20. The fire precautions and associated emergency procedures in the children's home.

     21. The arrangements for the children's religious instruction and observance.

     22. The arrangements for contact between a child and his parents, relatives and friends.

     23. The arrangements for dealing with complaints.

     24. The arrangements for dealing with reviews of placement plans.

     25. The type of accommodation, including the sleeping accommodation, provided, and, where applicable, how children are to be grouped, and in what circumstances they are to share bedrooms.

     26. Details of any specific therapeutic techniques used in the home, and arrangements for their supervision.

     27. A description of the children's home's policy in relation to anti-discriminatory practice as respects children and children's rights.

(a) the date of his admission to the home;

(b) the date on which he ceased to be accommodated there;

(c) his address prior to being accommodated in the home;

(d) his address on leaving the home;

(e) his placing authority;

(f) the statutory provision (if any) under which he is accommodated.

     2. A record showing in respect of each person working at the home - 

(a) his full name;

(b) his sex;

(c) his date of birth;

(d) his home address;

(e) his qualifications relevant to, and experience of, work involving children;

(f) whether he works at the home full-time or part-time (whether paid or not), and if part-time, the average number of hours worked per week; and

(g) whether he resides at the home.

     3. A record of any persons who reside or work at any time at the children's home, who are not mentioned in the records kept in accordance with paragraphs 1 or 2.

     4. A record of all accidents occurring in the children's home, or to children whilst accommodated by the home.

     5. A record of the receipt, disposal and administration of any medicine to any child.

     6. A record of every fire drill or fire alarm test conducted, with details of any deficiency in either the procedure or the equipment concerned, together with details of the steps taken to remedy that deficiency.

     7. A record of all money deposited by a child for safekeeping, together with the date on which that money was withdrawn, or the date of its return.

     8. A record of all valuables deposited by a child and the date of their return.

     9. Records of all accounts kept in the children's home.

     10. A record of menus served.

     11. A copy of the staff duty roster of persons working at the children's home, and a record of the actual rosters worked.

     12. A daily log of events occurring in the home.

     13. A record of all visitors to the home and to children accommodated in the home, including the names of visitors and the reasons for the visit.