Explanatory note

These Regulations are concerned with the provision of residential care of children for whom local authorities and voluntary organisations have responsibility under the Social Work (Scotland) Act 1968. They supersede the Administration of Children’s Homes (Scotland) Regulations 1959 and the Approved Schools (Scotland) Rules 1961.

Part II of the Regulations deals with the conduct of residential establishments and requires them to be conducted in a way which is conducive to the best interests of the children resident in them (regulation 4). Each establishment is required to prepare a statement of functions and objectives setting out the respective responsibilities of managers and persons in charge (regulation 5 and Schedule 1). Minimum requirements are specified regarding notifications of incidents, fire precautions, discipline, records, education and health care (regulations 7-15).

Parts III and V of the Regulations prescribe the procedures to be followed by care authorities in relation to children, parents and others in making arrangements to place a child in residential care (regulations 18-22, 29 and Schedule 2); and the arrangements for the supervision of children so placed (regulations 23, 24 and 30).

Part IV sets out the responsibilities of a local authority in making recommendations to a children’s hearing and in giving effect to a supervision requirement where a child is placed in residential care (regulations 26 and 27).