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The Children’s Homes (England) Regulations 2015

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This is the original version (as it was originally made).

Contact and access to communications

This section has no associated Explanatory Memorandum

22.—(1) The registered person must ensure that suitable facilities are provided within the children’s home for any child accommodated there to meet privately at any reasonable time with the child’s parents, friends, relatives or any of the following persons—

(a)a solicitor or other adviser or advocate acting for the child;

(b)an officer of the Children and Family Court Advisory and Support Service appointed for the child;

(c)a social worker assigned to the child;

(d)a person authorised by HMCI;

(e)a person authorised by the local authority in whose area the home is located;

(f)a person appointed pursuant to section 23ZB (independent visitors for children looked after by a local authority) of the Children Act 1989(1);

(g)a person authorised in accordance with section 80(2) of the Children Act 1989 by the Secretary of State to conduct an inspection in relation to the home and the children there;

(h)a person appointed under the Children Act 1989 Representations Procedure (England) Regulations 2006(2);

(i)an independent person visiting the home under regulation 44.

(2) The facilities may be at a different address if a certificate under section 51 of the Children Act 1989(3) is in force in relation to the home.

(3) Subject to paragraph (5), the registered person must ensure that children are provided at all reasonable times with access to the following facilities which they may use without reference to persons working in the home—

(a)a telephone on which to make and receive telephone calls in private; and

(b)facilities to send and receive post and, if the necessary facilities are provided for the use of children, electronic mail, in private.

(4) The registered person must ensure that a disabled child accommodated in the home is provided with access to such aids and equipment as the child may require as a result of the child’s disability in order to facilitate the child’s communication with other persons.

(5) If the registered person considers it to be necessary for the purpose of safeguarding or promoting the welfare of a child, the registered person may impose conditions, prohibitions or restrictions upon a child’s—

(a)contact with parents, friends or relatives; or

(b)access to communications under paragraph (3).

(6) No measure may be imposed by the registered person under paragraph (5) unless—

(a)the child’s placing authority consents to the imposition of the measure; or

(b)the measure is imposed in an emergency, and full details are given to the placing authority within 24 hours of its imposition.

(7) This regulation is subject to any requirements imposed by a court in relation to contact between a child and any other person.

(1)

Section 23ZB of the Children Act 1989 was inserted by section 16 of the CYPA 2008.

(2)

S.I. 2006/1738, as amended by S.I. 2013/985.

(3)

Section 51 of the Children Act 1989 was amended by: section 112 of, and paragraph 14 of Schedule 4 to, the Care Standards Act 2000 and S.I. 2013/1465.

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