CHILDREN AND YOUNG PERSONS PART I — Introductory Citation and commencement 1 These Regulations may be cited as the Children’s Homes Regulations 1991 and shall come into force on 14th October 1991. Interpretation 2 1 In these Regulations unless the context otherwise requires— “ the Act ” means the Children Act 1989; “children’s home” means a registered children’s home, a community home or a voluntary home; “maintained community home” means a community home proivded, managed, equipped and maintained by a local pursuant to section 53(3)(a) of the Act (Provision of community homes by local authorities); “medicinal product” means anything in respect of which a product licence under the Medicines Act 1968 is required; “person in charge” means in relation to a home the person appointed as the person in charge of it by the responsible authority; “registered dental practitioner” means a person registered in the dentists register under the Dentists Act 1984 ; “registration authority” means— in the case of a voluntary home, the Secretary of State; and in the case of a registered children’s home, the local authority in whose area the home is situated; “responsible authority” means— in the case of a maintained community home, the local authority by whom it is maintained; in the case of a controlled or assisted community home, the body of managers, except in respect of a matter which is reserved, by the Act or the instrument of management, to the local authority or the voluntary organisation providing the home, and in that case means the local authority or the voluntary organisation providing the home; in the case of a voluntary home, the voluntary organisation by whom it is provided; and in the case of a registered children’s home, the person carrying it on. 2 In the Regulations unless the context otherwise requires— a any reference to a numbered section is to the section of the Act bearing that number; b any reference to a numbered regulation is to the regulation in these Regulations bearing that number, and any reference in a regulation to a numbered paragraph is to the paragraph of that regulation bearing that number; and c any reference to a numbered schedule is to that numbered Schedule to these Regulations. Application of Regulations 3 1 Subject to paragraph (2)— a This Part, Part II and Part III of these Regulations apply to all children’s homes. b Part IV of these Regulations applies only to community homes. c Part VI of these Regulations applies only to registered children’s homes. d Parts V and VII of these Regulations apply only to voluntary homes. e Part VIII of these Regulations applies only to registered children’s homes and to voluntary homes. 2 These Regulations shall not apply to premises used only to accommodate children for the purpose of a holiday for periods of less than 28 days at a time in the case of any one child. PART II — Conduct of Children’s Homes Statement of purpose and function of children’s homes 4 1 The responsible authority shall within three months of the coming into force of these Regulations compile, and thereafter maintain, and keep up to date, a written statement of the particulars mentioned in Part I of Schedule 1 relating to each children’s home for which it is the responsible authority. 2 The statement referred to in paragraph (1) shall be made available for inspection by the persons referred to in Part II of Schedule 1 (in addition to those who have a right under the Act to inspect this statement). Staffing of children’s homes 5 1 The responsible authority shall ensure that the number of staff of each children’s home and their experience and qualifications are adequate to ensure that the welfare of the children accommodated there is safeguarded and promoted at all times. 2 The responsible authority shall ensure that the particulars specified in Part I of Schedule 1 are brought to the notice of all staff in each children’s home. Accommodation for individual children 6 1 The responsible authority shall ensure that, so far as is reasonably practicable, each child in a children’s home shall be provided with an area within the home which is suitable for his needs, and is equipped in accordance with the following paragraphs of this regulation. 2 The area referred to in paragraph (1) shall be equipped with furniture, bedding and furnishings appropriate to the needs of the child. 3 Where the child concerned is disabled the area referred to in paragraph (1) shall be equipped with what is reasonably necessary in order to meet the child’s needs arising from his disability so as to enable him to live as normal a life as possible. Accommodation—general provisions 7 1 The responsible authority shall ensure that there is provided within the home for the use of children accommodated there— 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 of children accommodated. 2 The responsible authority shall ensure that all parts of the home used by children accommodated are— a adequately lit, heated and ventilated; b kept in good structural repair, clean and reasonably decorated and maintained for the purpose of accommodating children. 3 The responsible authority shall ensure that there are provided within the children’s home suitable facilities for any child accommodated there to meet privately— a his parent; b any person who is not a parent but who has parental responsibility for him; c his relatives or friends; d his solicitor; e his guardian ad litem; f ny independent person appointed in respect of any requirement of the procedure specified in the Representations Procedure (Children) Regulations 1991 ; g any visitor appointed for the child in accordance with paragraph 17 of Schedule 2 to the Act; h any person authorised in accordance with section 80(2) by the Secretary of State to conduct an inspection of the children’s home and the children there; i n the case of a registered children’s home any person authorised by the registration authority; j n the case of an assisted community home, any person authorised by the local authority named in the instrument of management. 4 The responsible authority shall ensure that there are provided in the children’s home adequate facilities for laundering linen and clothing used by children accommodated there, and, for children wishing to do so, to wash, dry and iron their own clothes. 5 The responsible authority shall ensure that a pay telephone is available for children accommodated in the home in a setting where it is possible to make and receive telephone calls in private. Control and discipline 8 1 Except as otherwise directed by the Secretary of State in accordance with section 53(2) of the Children and Young Persons Act 1933 or section 22(7) of the Act, only such disciplinary measures as are for the time being approved by the responsible authority shall be used in a children’s home. 2 Subject to paragraph (3), the following measures shall not be used in a children’s home— a any form of corporal punishment; b any deprivation of food or drink; c any restriction on visits to or by any child or any restriction on or delay in communications by telephone or post with— i his parent, ii any person who is not a parent of his but who has parental responsibility for him, iii his relatives or friends, iv any visitor appointed for the child in accordance with paragraph 17 of Schedule 2 to the Act, v any social worker for the time being assigned to the child by the local authority who are looking after him or voluntary organisation who are caring for him, vi any guardian ad litem of the child, vii any solicitor for the time being acting for the child or whom the child wishes to instruct; d any requirement that a child wear distinctive or inappropriate clothes; e the use or withholding of medication or medical or dental treatment; f he intentional deprivation of sleep; g the imposition of fines (except by way of reparation); h any intimate physical examination of the child. 3 Nothing in this regulation shall prohibit— a the taking of any action by, or in accordance with the instructions of, a registered medical or dental practitioner which is necessary to protect the health of a child; b the taking of any action immediately necessary to prevent injury to any person or serious damage to property; c the imposition of a requirement that a child wear distinctive clothing, for purposes connected with his education or with any organisation whose members customarily wear uniform in connection with its activities; d the imposition by the responsible authority or the person in charge of the home having obtained a court order where necessary of any prohibition, restriction or condition upon contact between the child and any person if they or the person in charge of the home are satisfied that the prohibition, restriction or condition is necessary in order to protect or promote the welfare of the child. 4 Full particulars of the use made of any disciplinary measures including— a the date on which they were used; b the reason why they were used; and c the person by whom they were used; shall be recorded by a duly authorised person on behalf of the responsible authority in permanent form in the home within 24 hours of their use and shall be signed by him. Storage of medicinal products 9 1 Subject to paragraph (3), the responsible authority shall ensure that any medicinal product which is kept in a children’s home shall be stored in a secure place so as to prevent any child accommodated there having access to it otherwise than under the supervision of a member of the staff of the home. 2 Subject to paragraph (3), the person in charge of a children’s home shall ensure that no medicinal product shall be administered to a child otherwise than by a member of the staff of the children’s home, a registered nurse or registered medical practitioner. 3 Paragraphs (1) and (2) do not apply to a medicinal product which— a is stored by the child for whom it is provided in such a way that others are prevented from using it; and b may safely be self-administered by that child. Employment and education of older children 10 Where any child in a children’s home has attained the age where he is no longer required to receive compulsory full-time education, the responsible authority shall assist with the making of, and give effect to, the arrangements made for him in respect of his education, training and employment. Religious observance 11 The responsible authority shall ensure that each child accommodated in each children’s home is enabled, so far as practicable, to attend the services of, to receive instruction in, and to observe any requirement (whether as to dress, diet or otherwise) of, the religious persuasion to which he belongs. Food provided for children and cooking facilities 12 1 The responsible authority shall ensure that children accommodated in each children’s home are provided with food, in adequate quantities for their needs, which is properly prepared, wholesome and nutritious. 2 So far as is practicable the responsible authority shall ensure that at each main meal there is a choice for each course. 3 The responsible authority shall ensure that any special dietary need of a child accommodated in the home, which is due to his health, religious persuasion, racial origin or cultural background, is met. 4 The responsible authority shall provide within a home— a suitable and sufficient catering equipment, crockery and cutlery to provide for the needs of children accommodated in the home; b proper facilities for the refrigeration and storage of food; and c so far as is practicable, adequate facilities for children to prepare their own food if they so wish. Purchase of clothes 13 1 So far as is practicable the responsible authority shall enable each child accommodated in the home to purchase clothes according to his needs. 2 Where a child accommodated in the home does not wish to, or is not able to, purchase his own clothes, the responsible authority shall purchase clothes for him to meet his needs. Fire precautions 14 1 The responsible authority shall ensure, before any child is accommodated in a children’s home and at all times when children are accommodated, that the fire authority within whose area the home is or will be situated are notified in writing of the following particulars— a the location of the home; b the number of children accommodated or to be accommodated there; c the minimum and maximum age of children accommodated or to be accommodated there; d whether children suffering from any impairment of movement or intellect are accommodated or are to be accommodated there, and if so the nature of the impairment. 2 The responsible authority shall ensure that in respect of the home— a adequate precautions are taken against the risk of fire, b adequate means of escape in the event of fire are provided, c adequate arrangements are made for detecting, containing and extinguishing fire, d adequate arrangements are made for warning of an outbreak of fire and for evacuation in the event of fire, and e adequate fire fighting equipment is provided. 3 The responsible authority shall ensure that arrangements are made so that— a the staff, and b so far as is practicable, the children accommodated in the home, are aware of the procedure to be followed in the event of fire at the home. 4 The arrangements referred to in paragraph (3) shall include practices of the evacuation procedure for the home and the techniques of resuscitation and the saving of life. 5 The responsible authority shall make arrangements to ensure that any outbreak of fire requiring an evacuation of children accommodated in the home from it or any part of it is notified to them immediately. PART III — Administration of Children’s Homes Confidential records with respect to children in children’s homes 15 1 The responsible authority shall arrange that there shall be kept in each children’s home a record in permanent form with respect to each child who is accommodated there, which shall so far as practicable include the information specified in Schedule 2. 2 The record mentioned in paragraph (1) shall be kept securely and treated as confidential subject only to— a any provision under or by virtue of a statute under which access may be obtained or given to records and information concerning a child; b any court order, in respect of access to records and information concerning a child. 3 The records mentioned in paragraph (1) shall be retained for at least seventy-five years from the date of birth of the child to whom they relate or, if the child dies before attaining the age of 18, for a period of 15 years from the date of his death. Access by guardians ad litem to records and register 16 1 Each voluntary organisation, where they are not acting as an authorised person , and every person carrying on a registered children’s home shall provide a guardian ad litem of a child— a such access as may be required to— i records in so far as they relate to the child maintained in accordance with these Regulations; and ii the information from such records held in whatever form (such as by means of computer). b such copies of the records as he may require. Other records with respect to children in children’s homes 17 1 The responsible authority shall keep in each children’s home the records specified in Schedule 3 and shall ensure that the details are kept up to date. 2 The records referred to in paragraph (1) shall be retained for at least fifteen years, except for records of menus which need be kept only for one year. Regulations and guidance 18 A copy of these Regulations and of any relevant guidance issued by the Secretary of State under Section 7 of the Local Authority Social Services Act 1970 shall be kept in the home and made available when required to— a all staff; b every child accommodated in the home; c the parents or guardians of any child accommodated in the home; d any person who is not a parent of a child accommodated in the home but has parental responsibility for him. Notification of significant events 19 1 In respect of the events at any children’s home mentioned in paragraph (2), the responsible authority shall forthwith notify— a insofar as it is reasonably practicable— i the parents of any child concerned, ii any person who is not a parent of any child concerned but who has parental responsibility for such a child, and iii any other person who has undertaken to meet any fees or expenses incurred in accommodating any child concerned at the home; b except in the case of the event mentioned in paragraph (2)(b), the District Health Authority within whose district the children’s home is situated; c where the responsible authority is not a local authority— i the local authority within whose area the home is situated, and ii the registration authority; d in respect of the events mentioned in paragraph (2)(a), (b) and (c), the Secretary of State, except, in relation to paragraph (2)(a) where the child is being looked after by a local authority ; e in respect of the event mentioned in paragraph (2)(c), a constable. 2 The events referred to in paragraph (1) are— a the death of a child accommodated at the home; b any conduct on the part of a member of staff of the home which is or may be such, in the opinion of the responsible authority, that he is not, or as the case may be would not be, a suitable person to be employed in work involving children; c the suffering of serious harm by a child accommodated at the home; d any serious accident involving a child accommodated at the home; e any serious illness of a child accommodated at the home; and f he outbreak in the home of any notifiable infectious disease to which the Public Health (Control of Disease) Act 1984 applies or disease to which provisions of that Act are applied by Regulation made under that Act . 3 Any notification given with respect to the death of a child shall give such detail as to the circumstances as is known to the responsible authority. Absence of a child without authority 20 1 The responsible authority shall draw up and cause to be recorded in writing the procedure to be followed when any child accommodated in a children’s home is absent without permission. 2 The responsible authority shall ensure that the procedure mentioned in paragraph (1) is drawn to the attention of the children accommodated in the home and the staff of, and others working in, the home. Absence of person in charge of voluntary or registered children’s home 21 1 Subject to paragraphs (2) and (4), where the person in charge of a voluntary home or registered children’s home proposes to be absent from the home for a continuous period of four weeks or more, he shall give written notice to that effect to the registration authority at least four weeks before the absence is due to begin. 2 Subject to paragraph (4), where it is necessary for the person in charge to be absent from the home for a continuous period of four weeks or more in circumstances where it would be impracticable to give the period of notice mentioned in paragraph (1) the registration authority may accept such shorter notice as appears reasonable. 3 Subject to paragraph (4), where paragraph (1) applies, the person for the time being in charge of a voluntary or registered children’s home shall inform the registration authority at least seven days before the beginning of the absence of— a its occurrence and anticipated duration; b the reason for it; c the number of children accommodated when the information is given; d the arrangements which have been made for the running of the home; e the name, address and qualifications of the person who will for the time being be in charge. 4 Nothing in this regulation shall require notification to be given to the registration authority if in a case falling within paragraph (1) or (2) no child is to be accommodated during the period of the absence. 5 If, in any case referred to in paragraph (4) of this regulation, a child is provided with accommodation in the home during the period of absence, the person for the time being in charge shall, within seven days of the child first being provided with accommodation, inform the registration authority of the matters mentioned in paragraph (3). 6 Within seven days of the return of the person in charge, or the appointment of some other person in his place, the responsible authority shall notify the registration authority of that fact. 7 If, in the case of a registered children’s home the person in charge is also the responsible authority, anything required to be done by or to the responsible authority shall be done by or to (as the case may require) the person for the time being in charge of the home. Accountability and visiting on behalf of responsible authority 22 1 If the person carrying on a voluntary home or registered children’s home, is an individual but is not also the person in charge of the home, he shall visit the home once a month, or cause some other person to do so on his behalf and to report to him in writing on the conduct of the home. 2 Where the person carrying on a voluntary home or registered children’s home is a body of persons (whether incorporated or not), the directors, or other persons responsible for the conduct of the body, shall cause one of their number to visit the home once a month and to report to them in writing on the conduct of the home. 3 The managers of a controlled or assisted community home shall cause one of their number to visit the home once a month and to report to them in writing on the conduct of the home. 4 The local authority who maintain a maintained community home shall cause the home to be visited once a month and to report to them in writing upon the conduct of the home. PART IV — Community Homes Secretary of State’s directions 23 The Secretary of State may give and revoke directions requiring— a the local authority by whom a community home is provided or who are specified in the instrument of management for a controlled community home, or b the voluntary organisation by which an assisted community home is provided to accommodate in the home a child looked after by a local authority for whom no places are made available in that home or to take such action in relation to a child accommodated in the home as may be specified in the directions. PART V — Registration of Voluntary Homes Application for registration of voluntary home 24 An application for registration under paragraph 1 of Schedule 5 to the Act (registration of voluntary homes) shall be— a made in writing to the Secretary of State; and b accompanied by the particulars specified in, or referred to in, Schedule 4. PART VI — Registered Children’s Homes Application for registration of children’s home 25 1 An application under paragraph 1 of Schedule 6 to the Act (registration of a children’s home) shall be made in writing. 2 Where the applicant is a natural person his application shall be accompanied by the particulars specified in Part I of Schedule 5. 3 Where the applicant is a body corporate or unincorporate the application shall be accompanied by the particulars specified in Part II of Schedule 5. 4 Whether the applicant is a natural person or a body corporate or unincorporate his application shall also be accompanied by the particulars specified in, or referred to in, Part III of Schedule 5. Limits on number of children accommodated 26 The registration authority may limit the number of children to be accommodated in a registered children’s home to such number as it may specify by means of a condition imposed under paragraph 2 of Schedule 6 to the Act. Annual review of registration 27 In connection with an annual review of registration under paragraph 3 of Schedule 6 to the Act, the person carrying on the registered children’s home shall notify the registration authority of any changes which there may have been since the previous review, or the original application where there has been no review, in any of the particulars furnished under regulation 25(2), (3) or (4). Inspection of registered children’s homes 28 1 Where an application has been made for the registration of a children’s home, the registration authority shall cause it to be inspected before deciding whether or not to grant the application. 2 Within the period of one month ending upon the anniversary of the registration of a registered children’s home, the registration authority shall cause the home to be inspected. 3 On at least one other occasion in any year the registration authority shall cause the home to be inspected. 4 The registration authority may notify the person in charge of the home of its intention to conduct the inspection required by paragraph (2), but shall not do so with regard to any inspection pursuant to paragraph (3). 5 The registration authority shall consider the report of any inspection of the home conducted in accordance with this regulation when determining whether or not the registration of the home shall be reviewed or cancelled. Cancellation of registration 29 An application under paragraph 4(1) of Schedule 6 to the Act (cancellation of registration) shall be made in writing and shall include— a particulars of the date on which the person carrying on the home wishes the cancellation of the registration of the home to take effect, being a date no earlier than one month after the date on which the application is made; b particulars of the action which he intends should be taken with regard to alternative accommodation for any child then accommodated in the home. Change of person in charge 30 The responsible authority shall give at least one month’s prior notice in writing to the registration authority of any proposal to change the person in charge of a registered children’s home, giving the particulars mentioned in Schedule 6. PART VII — Notification of Particulars with respect to Voluntary Homes Particulars on establishment of a voluntary home 31 1 The particulars set out in Schedule 7 are hereby prescribed as the particulars with respect to a voluntary home for the purpose of— a paragraph 6(1) of Schedule 5 to the Act (particulars to be sent to the Secretary of State within 3 months from the establishment after the commencement of the Act of a home); and b paragraph 6(2) of Schedule 5 to the Act (particulars to be sent to the Secretary of State annually). 2 The date prescribed for the purposes of paragraph 6(3) of Schedule 5 to the Act (by which particulars must be sent annually) is 3rd April. PART VIII — Local Authority Visits Circumstances necessitating visits by Local Authorities 32 Every local authority shall arrange for one of their officers to visit every child who is accommodated within their area in a registered children’s home or in a voluntary home in any of the following circumstances and within the periods specified— a where they are informed that a child not in the care of, nor looked after by, any local authority has been placed in such accommodation, within 28 days of being so informed; b where the voluntary organisation or the person carrying on a registered children’s home providing such accommodation makes representations to the local authority that there are circumstances relating to the child which require a visit, within 14 days of receipt of those representations; c when they are informed that the welfare of a child may not be being safeguarded or promoted, within 7 days of being so informed. Further visits 33 1 After a visit (“the first visit”) has been made under regulation 32, the local authority shall arrange for such further visits to the child by one of their officers as appear to them to be necessary, (whether in the light of a change of circumstances or not), and shall in any event arrange for the further visits provided for by paragraphs (2) to (3). 2 Where the local authority are satisfied following the first visit that the child’s welfare is being safeguarded and promoted they shall arrange for a further visit by one of their officers where the first visit was made in the circumstances specified in regulation 32(a), within 6 months of the first visit. 3 Where the local authority are not satisfied following the first visit that the child’s welfare is being safeguarded and promoted but have decided that the child should continue to reside in the same accommodation, they shall arrange for a further visit by one of their officers within 28 days of the first visit. Requirements for visits 34 1 Every local authority shall ensure that in the course of visits to which regulations 32 and 33 refer an officer of the authority— a sees the child alone (unless exceptionally he considers it unnecessary); b reads all relevant case papers and records concerning the child kept by the voluntary organisation or the person carrying on the registered children’s home, and signs and dates them to indicate that he has seen them; c makes a written report of his visit which shall be copied to the voluntary organisation or person carrying on the registered children’s home. 2 The voluntary organisation or the person carrying on the home shall provide suitable accommodation for a visit made under regulation 32 or regulation 33. PART IX — Revocations Revocation of Regulations 35 The following Regulations are revoked— a the Administration of Children’s Homes Regulations 1951 ; b the Community Homes Regulations 1972 ; c the Children’s Homes (Control and Discipline) Regulations 1990 . Signed by authority of the Secretary of State for Health. Virginia Bottomley Minister of State, Department of Health 30th June 1991