The Children’s Homes Regulations (Northern Ireland) 2005

PART IIREGISTERED PERSONS

Fitness of registered provider

6.—(1) A person shall not carry on a children’s home unless he is fit to do so.

(2) A person is not fit to carry on a children’s home unless the person –

(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); or

(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 Regulation and Improvement Authority of the name, address and position in the organisation of an 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 will adhere to the Northern Ireland Social Care Council Code of Practice for Employers of Social Care Workers(1);

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

(d)full and satisfactory information is available in relation to him in respect of each of the matters specified in Schedule 2.

(4) A person shall not carry on a children’s home if –

(a)he has been adjudged bankrupt or sequestration of his estate has been awarded and (in either case) he has not been discharged and the bankruptcy order has not been annulled or rescinded;

(b)he has made a composition or arrangement with his creditors and has not been discharged in respect of it; or

(c)he is a person disqualified for the purposes of the Disqualification of Caring for Children Regulations (Northern Ireland) 1996(2).

Appointment of manager

7.—(1) The registered provider shall appoint an individual to manage the children’s home if –

(a)there is no registered manager in respect of the children’s home; and

(b)the registered provider –

(i)is an organisation or a partnership;

(ii)is not a fit person to manage a children’s home; or

(iii)is not, or does not intend to be, in full-time day to day charge of the children’s home.

(2) Where the registered provider appoints a person to manage the children’s home, he shall forthwith give notice to the Regulation and Improvement Authority of –

(a)the name of the person so appointed; and

(b)the date on which the appointment is to take effect.

Fitness of manager

8.—(1) A person shall not manage a children’s home unless he is fit to do so.

(2) A person is not fit to manage a children’s home unless –

(a)he is of integrity and good character;

(b)having regard to the size of the children’s home, its statement of purpose, and the number and needs (including any needs arising from any disability) of the children accommodated there –

(i)he has the qualifications, skills and experience necessary for managing the children’s home;

(ii)he is registered in the relevant register; and

(iii)he is physically and mentally fit to manage the children’s home; and

(c)full and satisfactory information is available in relation to him in respect of each of the matters specified in Schedule 2.

Registered person – general requirements

9.—(1) The registered provider and the registered manager shall, having regard to the size of the children’s home, its statement of purpose, and the number and needs (including any needs arising from any disability) of the children accommodated there, carry on or manage the home (as the case may be) with care, competence and skill.

(2) If the registered provider is –

(a)an individual, he shall undertake;

(b)an organisation, it shall ensure that the responsible individual undertakes;

(c)a partnership, it shall ensure that one of the partners undertakes,

from time to time such training as is appropriate to ensure that he has the experience and skills necessary for carrying on the children’s home.

(3) The registered manager shall undertake from time to time such training as is appropriate to ensure that he has the experience and skills necessary for managing the children’s home.

Notification of offences

10.  Where the registered person or the responsible individual has criminal charges pending or is convicted of any criminal offence, whether in Northern Ireland or elsewhere, he shall forthwith give notice in writing to the Regulation and Improvement Authority of –

(a)details of the criminal charges pending;

(b)the date and place of the conviction;

(c)the offence of which he was convicted; and

(d)the penalty imposed on him in respect of the offence