# The Children’s Homes Regulations (Northern Ireland) 2005, Regulation 25: Fitness of workers

Extent: N.I.

(1) The registered person shall not –
(a) employ a person to work at the children’s home unless that person is fit to work at a children’s home; or
(b) allow a person to whom paragraph (2) applies to work at the children’s home unless that person is fit to work at a children’s home.
but this is subject to paragraphs (7) to (9).
(2) This paragraph applies to any person who is employed by a person (“the employer”) other than the registered person to work at the children’s home in a position in which he may in the course of his duties have regular contact with children accommodated there.
(3) For the purposes of paragraph (1), a person is not fit to work at a children’s home unless –
(a) he is of integrity and good character;
(b) he has the qualifications, skills and experience necessary for the work he is to perform;
(c) in respect of a team leader or a residential social worker, he has the qualifications, skills and experience necessary for the work he is to perform and is registered as a social worker in a relevant part of the register;
(d) he is physically and mentally fit for the purposes of the work he is to perform;
(e) subject to sub-paragraph (g), where he is a social care worker, he is registered in a relevant part of the register; and
(f) ...full and satisfactory information is available in relation to him in respect of each of the matters specified in Schedule 2;
(4) The registered person shall ensure that –
(a) any offer of employment to a person is subject to paragraph (3)(f) being complied with in relation to that person; and
(b) unless paragraph (5) applies, no person starts work at a children’s home until such time as paragraph (3)(f) has been complied with in relation to him but this is subject to paragraphs (7) to (9) .
(4A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(5) Where the following conditions apply, the registered person may permit a person to start work at a children’s home notwithstanding paragraph (4)(b) –
(a) the registered person has taken all reasonable steps to obtain full information in respect of each of the matters listed in Schedule 2 in respect of that person, but the enquiries in relation to any of the matters listed in paragraphs 3 to 6 of Schedule 2 are incomplete;
(b) ...full and satisfactory information in respect of that person has been obtained in relation to the matters specified in paragraphs 1 and 2 of Schedule 2;
(c) the registered person considers that the circumstances are exceptional; and
(d) pending receipt of, and satisfying himself with regard to, any outstanding information, the registered person ensures that the person is appropriately supervised while carrying out his duties.
(5A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(5B) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(5C) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(6) The registered person shall take reasonable steps to ensure that any person working at the children’s home who is not employed by him and to whom paragraph (2) does not apply, is appropriately supervised while carrying out his duties.
(7) Where the conditions set out in paragraph (8) are satisfied and the registered person complies with the requirements set out in paragraph (9), the registered person may—
(a) employ a person (“P”) to work at a children’s home,
(b) allow a person to whom paragraph (2) applies (“P”) to work at a children’s home,
even though the information and documents mentioned in paragraphs 2 to 6 of Schedule 2 are not available.
(8) The conditions are that the registered person, in a case to which paragraph (7)(a) applies, or the employer, in a case to which paragraph (7)(b) applies—
(a) has applied for whichever of the following certificates would be required to be obtained in respect of P under paragraph 2 of Schedule 2 in the absence of paragraph (7)—
(i) a criminal record certificate pursuant to section 113A of the Police Act 1997, or
(ii) an enhanced criminal record certificate pursuant to section 113B of that Act;
(b) has requested the information and documents mentioned in paragraphs 3 to 6 of Schedule 2; and
(c) has obtained confirmation in writing from the Department of Justice that P is not included in the children’s barred list maintained under Article 6(1)(a) of the Safeguarding Vulnerable Groups (Northern Ireland) Order 2007.
(9) The requirements are that the registered person must—
(a) ensure that, so far as is reasonably practicable, an appropriately qualified and experienced member of staff supervises P when P is on duty until the information and documents mentioned in paragraphs 2 to 6 of Schedule 2 have been obtained; and
(b) ensure that P does not escort a child away from the children’s home unless accompanied by the supervisory staff member or another appropriately qualified and experienced member of staff.

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Source: https://www.legislation.gov.uk/nisr/2005/176/regulation/25 (the official version)
Page: https://openlegislation.uk/childrens-homes-regulations-northern-ireland-2005/regulation-25
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.