Explanatory note

These Regulations provide for the conduct of children’s homes. They supersede the existing Regulations relating to voluntary children’s homes, and provide that all types of children’s homes, whether homes provided under Part VII of the Children (Northern Ireland) Order 1995, voluntary homes or registered children’s homes are subject to the same or similar provisions.

Part I of the Regulations relates to their citation, commencement, interpretation and application (regulations 1 and 2). It provides for exemptions for certain homes from registration and regulation as a voluntary home or registered children’s home (regulation 3).

Part II relates to the conduct of children’s homes. It provides for each children’s home to keep a statement of the particulars specified in Schedule 1, which shall be made available for inspection by those specified in Part II of that Schedule (regulation 4); specifies in detail how children’s homes should be conducted (regulations 5 to 14); provides for records to be kept about each child and about the running of the children’s home and for guardians ad litem to have access to the records (regulations 15 to 17 and Schedules 2 and 3).

Part III relates to the administration of children’s homes. It provides for a copy of the regulations and guidance relating to children’s homes to be available in each children’s home (regulation 18); specifies certain events to be notified to specified persons (regulation 19); provides for a procedure to be established when a child is absent from the home without permission (regulation 20); sets out the procedure to be followed if the person in charge of a voluntary home or registered children’s home proposes to be absent (regulation 21); and provides for visits to homes on behalf of the responsible authority (regulation 22).

Parts IV and V relate to the registration of voluntary homes and registered children’s homes. They provide for particulars to be supplied with applications for registration of voluntary homes and registered children’s homes (regulations 23 and 29 and Schedules 4 and 5); enable the registration authority to limit the number of children who may be accommodated in such homes (regulations 24 and 30); provide for the annual review of the registration of voluntary homes and registered children’s homes (regulations 25 and 31); provide for the inspection of homes before granting registration, and twice yearly thereafter (regulations 26 and 32); provide for cancellation of the registration of voluntary homes and registered children’s homes (regulations 27 and 33); specify the details to be supplied and notice to be given by a responsible authority to the registration authority if it is proposed to change the person in charge of the home (regulations 28 and 34 and Schedule 6).

Part VI relates to authority visits to children in homes. It provides for visits to be made at prescribed intervals by authorities to children in voluntary homes and registered children’s homes (regulations 35 to 37).

Part VII revokes the Children and Young Persons (Voluntary Homes) Regulations (Northern Ireland) 1975 which are superseded by these Regulations (regulation 38).

Articles 73, 74(2)(h), 77(3), 80(2), (3), (4), (5), 82(1), 89, 91(2)(h), 93(3), 96(2), (3), (4), (5), 98(1) and 105 of the Children (Northern Ireland) Order 1995 are the enabling provisions under which these Regulations are made. They were brought into operation on 18th July 1996 by Article 2(1) of, and Schedule 1 to, the Children (1995 Order) (Commencement No. 3) Order (Northern Ireland) 1996 (S.R. 1996 No. 297 (C.17)).