Memorandum from the Department of Health
Children's Homes Regulations 2001 (S.I. 2001/3967)
1. The Committee has requested a Memorandum on the
(1) Regulation 17(3)(b) requires the registered
person to notify the Commission of any revision to the behaviour
management policy. Explain why no provision is made for the registered
person to send a copy of the policy to the Commission.
2. It is not considered necessary given the other
regulatory requirements which apply. On an application for registration,
the provider must supply the Commission with, among other things,
(a) details of the use of restraint and discipline, the circumstances
in which they will be used, and who is permitted to authorise
such use (paragraph 8 of Schedule 5 to S.I. 2001/3969), and (b)
a copy of the home's statement of purpose (paragraph 7 of Schedule
1 to S.I. 2001/3969). The statement of purpose must set out the
arrangements for the control, restraint and discipline of children
(paragraph 16 of Schedule 1 to the Children's Homes Regulations).
(2) Explain the reference, in paragraph (5) of
regulation 17, to paragraph (7), given that that regulation does
not contain a paragraph so numbered.
3. The reference to paragraph (7) is an error, left
over from an earlier draft which contained such a paragraph. We
will amend regulation 17 at the first available opportunity.
(3) Regulation 28(3) requires a record relating
to each child accommodated in a children's home to be kept for
at least 75 years from the date of birth of the child to whom
it relates or, if the child dies before attaining the age of 18,
for a period of 15 years from the date of his death. In relation
to a person aged over 18, is it intended that the minimum 75 year
period should apply even if the registered person knows that the
person has died. If so, what is the reason for the different rules
in relation to this case and the case where the child dies before
4. It is intended that the minimum 75 year period
should apply. The requirement in regulation 28(3), which is a
restatement of regulation 15(3) of the Children's Homes Regulations
1991, is intended to be as simple as possible. It is felt that
a straightforward requirement to keep records for at least 75
years from the date of birth is the simplest system for a registered
person to operate and the Commission to monitor. A separate rule
for adults who die would complicate any system, be difficult to
monitor, and is unlikely to be justified in numerical terms as
it is considered unlikely that a registered person will very often
be aware of such a death. There is an exception in the case of
the death of a child, an event of which there is a greater likelihood
that the registered person will be aware.
(4) As regards the effect of regulation 41(2)
and (3) in relation to a failure to comply with the provisions
of regulations 5(b), 10, 17(3)(b) and (4), 30(1), 33(3) and 37(5),
does the Department wish to add anything to its memorandum of
21 January 2002 in relation to the similar point raised on regulations
11, 43 and 51 of S.I. 2001/3969, 3965 and 3968 respectively.
5. The Department's Memorandum of 21st January 2002
applies similarly to regulation 41. The Department does not wish
to add anything further.
28 January 2002