{
  "url": "https://openlegislation.uk/childrens-homes-england-regulations-2015/regulation-2",
  "json_url": "https://openlegislation.uk/childrens-homes-england-regulations-2015/regulation-2.json",
  "legislation": "uksi/2015/541",
  "legislation_title": "The Children's Homes (England) Regulations 2015",
  "legislation_url": "https://openlegislation.uk/childrens-homes-england-regulations-2015",
  "path": "regulation/2",
  "kind": "regulation",
  "number": "2",
  "heading": "Interpretation",
  "text": "(1) In these Regulations—\n“behaviour management policy” has the meaning given in regulation 35(1);\n“care plan” has the meaning given in the Care Planning, Placement and Case Review (England) Regulations 2010 ;\n“care role” means a role in which the work consists, or consisted, mainly or solely of providing care for children or adults;\n“case records” means the records maintained under regulation 36 about a child;\n“child protection enquiry” means any enquiry carried out by a local authority in the exercise of any of their functions conferred by or under the Children Act 1989 relating to the protection of children;\n“child protection policies” means the children's home's policies for safeguarding children (see regulation 34(1)) and preventing bullying (see regulation 34(3)) and the missing child policy (see regulation 34(4));\n“childcare” has the meaning given in section 18 of the Childcare Act 2006 ;\n“children's guide” means a document produced by the registered person that explains, in a form appropriate to the age, needs and understanding of children—\n(a)what each child can expect of and from the home's care;\n(b)the support to which each child is entitled;\n(c)how to make a complaint about the home or someone in it; and\n(d)how to access advocacy support;\n“EHC plan” has the meaning given in section 37(2) (education, health and care plans) of the Children and Families Act 2014;\n“general medical practitioner” means a medical practitioner whose name is included in the General Practitioner Register kept by the General Medical Council under section 34C of the Medical Act 1983 ;\n“HMCI” means Her Majesty's Chief Inspector of Education, Children's Services and Skills;\n“health”, in relation to a child, includes that child's emotional, mental and physical health;\n“independent person” has the meaning given in regulation 43(1);\n“independent reviewing officer” means a person appointed under section 25A of the Children Act 1989 or section 99 of the Social Services and Well-being (Wales) Act 2014;\n“organisation” means a body corporate or an unincorporated association other than a partnership (but see paragraph (2)(d));\n“placement plan” means—\n(a)in relation to a child who is looked after by a local authority—\n(i)the plan prepared under regulation 9 of the Care Planning, Placement and Case Review (England) Regulations 2010; or\n(ii)the child's detention placement plan prepared under regulation 47C(2) of those Regulations ;\n(b)in relation to a child who is not looked after by a local authority—\n(i)the plan prepared under regulations 4 and 5 of the Arrangements for Placement of Children by Voluntary Organisations and Others (England) Regulations 2011 ; or\n(ii)the plan prepared by the registered person under regulation 18(4);\n“placing authority”—\n(a)if the child is looked after by a local authority—\n(i)and the child is not a youth justice child, means the local authority that looks after the child;\n(ii)and the child is a youth justice child, means the local authority that looks after that youth justice child and the youth offending team with responsibility for that youth justice child;\n(b)if the child is not looked after by a local authority—\n(i)and the child is being provided with accommodation by a voluntary organisation, means that voluntary organisation;\n(ii)and the child is accommodated in a qualifying school under arrangements made by a local authority, means that local authority;\n(iii)and the child is a youth justice child, means the youth offending team with responsibility for that youth justice child;\n(iv)in cases not falling within sub-paragraphs (i), (ii) or (iii), means the child's parent;\n(c)does not include a parent of a child who is not looked after by a local authority in the following provisions—\n(i)regulation 5(c);\n(ii)regulation 16(2)(d);\n(iii)regulation 18(9)(a);\n(iv)regulation 34(2)(b) and (c);\n(v)regulation 36(5)(b)(ii);\n(vi)regulation 44(7)(c);\n(vii)regulation 45(5);\n(viii)paragraphs 19 and 20 of Schedule 3;\n“qualifying school” means a school which is a children's home within the meaning of section 1(6) of the Care Standards Act 2000;\n“registered dental practitioner” means a person registered in the dentists register under section 14 of the Dentists Act 1984 ;\n“registered manager” means a person who is registered under Part 2 of the Care Standards Act 2000 as the manager of the home;\n“registered person” means the registered provider or the registered manager of the home;\n“registered provider” means the person who is registered under Part 2 of the Care Standards Act 2000 as the person carrying on the home;\n“relevant person” means any person, body or organisation that the registered person considers to be relevant in relation to the care, protection or safeguarding of a particular child in all the circumstances;\n“relevant plans”, in relation to a child, means—\n(a)any placement plan for the child;\n(b)any care plan for the child;\n(c)any EHC plan for the child;\n(d)any statement of special educational needs for the child; and\n(e)if the child is a youth justice child—\n(i)any detention placement plan for the child (under regulation 47C(2) of the Care Planning, Placement and Case Review (England) Regulations 2010); and\n(ii)any other plan or plans prepared by the child's placing authority in relation to the remand or sentencing of the child;\n“responsible individual” means an individual who—\n(a)is a director, manager, secretary or other officer of an organisation which is the registered provider; and\n(b)is nominated by that organisation for the purpose of supervising the management of the home on behalf of the organisation;\n“restraint” means using force or restricting liberty of movement;\n“secure children's home” means —\n(a) a children's home provided for the purpose of restricting liberty and approved for that purpose in accordance with regulation 3 of the Children (Secure Accommodation) Regulations 1991\n; or\n(b) a secure 16 to 19 Academy (see section 1B(4) to (7) of the Academies Act 2010);\n“short breaks” has the meaning given in regulation 52;\n“special educational needs” has the meaning given by section 20 of the Children and Families Act 2014;\n“statement of purpose” means the statement compiled in accordance with regulation 16;\n“statement of special educational needs” means a statement of special educational needs maintained in relation to the child under section 324 of the Education Act 1996 ;\n“youth justice child” means a child who is—\n(a)subject to a detention order within the meaning of section 562(1A)(a) of the Education Act 1996 or remanded under section 91(4) of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 ; and\n(b)detained in or remanded to a secure children's home.\n(2) In these Regulations—\n(a) unless the context indicates otherwise, references to a child or to children are to a child or to children accommodated in the children's home;\n(b) references to a child who is looked after by a local authority have the meaning given by section 22 of the Children Act 1989 ;\n(c) references to employing a person include—\n(i) employing a person, whether or not for payment, and whether under a contract of service or a contract for services; and\n(ii) allowing a person to work as a volunteer,\nand references to an employee, a person being employed, staff or a person working in the home are to be construed accordingly;\n(d) references to a home are to be construed as references to a children's home;\n(e) references to a partnership do not include a limited liability partnership .",
  "extent": "E+W",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "Words in reg. 2(1) inserted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) (Secondary Legislation) Regulations 2016 (S.I. 2016/211), reg. 1(2), Sch. 3 para. 182"
    },
    {
      "type": "F",
      "label": "F2",
      "text": "Word in reg. 2(1) inserted (28.4.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 164(4)(a)(i), 208(4)(t)"
    },
    {
      "type": "F",
      "label": "F3",
      "text": "Words in reg. 2(1) inserted (28.4.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 164(4)(a)(ii), 208(4)(t)"
    },
    {
      "type": "M",
      "label": "M1",
      "text": "S.I. 2010/959, as amended by: S.I. 2011/581; 2012/1479; 2013/235; 2013/706; 2013/984; 2013/3239; 2014/852; 2014/1556; 2014/1917 and 2014/2103."
    },
    {
      "type": "M",
      "label": "M2",
      "text": "1989 c.41."
    },
    {
      "type": "M",
      "label": "M3",
      "text": "2006 c.21. Section 18 of the Childcare Act 2006 was amended by S.I. 2010/813 and paragraph 19 of Schedule 1 to the Children and Young Persons Act 2008 (c.23, “the CYPA 2008”)."
    },
    {
      "type": "M",
      "label": "M4",
      "text": "1983 c.54. Section 34C of the Medical Act 1983 was inserted by paragraph 10 of Schedule 1 to S.I. 2010/234."
    },
    {
      "type": "M",
      "label": "M5",
      "text": "Section 25A of the Children Act 1989 was inserted by section 10 of the CYPA 2008."
    },
    {
      "type": "M",
      "label": "M6",
      "text": "Regulation 47C of S.I. 2010/959 was inserted by S.I. 2013/706."
    },
    {
      "type": "M",
      "label": "M7",
      "text": "S.I. 2011/582."
    },
    {
      "type": "M",
      "label": "M8",
      "text": "1984 c.24. Section 14 of the Dentists Act 1984 was substituted by article 6 of S.I. 2005/2011 and amended by regulation 111 of S.I. 2007/3101."
    },
    {
      "type": "M",
      "label": "M9",
      "text": "S.I. 1991/1505. Regulation 3 of S.I. 1991/1505 was amended by S.I. 1995/1398 and revoked in relation to Wales by S.I. 2006/2986."
    },
    {
      "type": "M",
      "label": "M10",
      "text": "1996 c.56. Section 324 of the Education Act 1996 was amended by: section 140(1) of, and paragraph 77 of Schedule 30 to, the School Standards and Framework Act 1998 (c.31); section 9 of the Special Educational Needs and Disability Act 2001 (c.10); paragraph 43 of Schedule 21 to the Education Act 2002 (c.32) and paragraph 7 of Schedule 2 to S.I. 2010/1158."
    },
    {
      "type": "M",
      "label": "M11",
      "text": "Subsection (1A) of the Education Act 1996 was inserted by section 49 of the Apprenticeships, Skills, Children and Learning Act 2009 (c.22, “the ASCLA 2009”)."
    },
    {
      "type": "M",
      "label": "M12",
      "text": "2012 c.10 (“the LASPOA 2012”)."
    },
    {
      "type": "M",
      "label": "M13",
      "text": "Section 22 of the Children Act 1989 was amended by: section 2 of the Children (Leaving Care) Act 2000 (c.35); paragraph 19 of Schedule 5 to the Local Government Act 2000 (c.22); section 116 of the Adoption and Children Act 2002 (c.38, “the ACA 2002”); section 52 of the Children Act 2004 (c.31, “the CA 2004”); paragraph 6(a) to (c) of Schedule 3 to the CYPA 2008 and section 99 of the C&FA 2014."
    },
    {
      "type": "M",
      "label": "M14",
      "text": "“Partnership” is defined in section 1 of the Partnership Act 1890 (c.39). Section 1 was amended by: Part 10 of Schedule 1 to the Statute Law (Repeals) Act 1998 (c.43) and by paragraph 2 of Schedule 1 to S.I. 2009/1941."
    },
    {
      "type": "M",
      "label": "M15",
      "text": "A limited liability partnership is a body corporate pursuant to section 1 of the Limited Liability Partnerships Act 2000 (c.12)."
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/2015/541/regulation/2",
    "retrieved_at": "2026-10-28T23:44:24.411959+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}