The Supported Accommodation (England) Regulations 2023
S.I. 2023/416 · Made 5 April 2023 · Extends to England and Wales
This Statutory Instrument corrects an error in S.I. 2022/808 and is being issued free of charge to all known recipients of that Statutory Instrument.
Children And Young Persons, England
Social Care, England
Made 5th April 2023
Laid before Parliament 6th April 2023
Coming into force in accordance with regulation 1(2) and (3)
The Secretary of State makes these Regulations in exercise of the powers conferred by sections 11(4), 12(2), 14(1)(d), 15(3), 16(1) and (3), 22(1), (1A), (2)(a), (b), (d), (f) to (j), (5)(c) and (7)(b) to (j), 30A(3) and (4), 31(7), 34(1), 35(1) and (2), 36(3), 42(1) and 118(5) to (7) of the Care Standards Act 2000f1, and sections 22C(11), 23B(10), 68(1) and (2) and 104(4) of the Children Act 1989f2.
The Secretary of State has consulted such persons as the Secretary of State considers appropriate, in accordance with section 22(9) of the Care Standards Act 2000.
Annotations to the whole text
Footnotes
- f1
-
2000 c. 14; section 11(4) was amended by the Health and Social Care (Community Health and Standards) Act 2003 (c. 43), Schedule 9, paragraph 20, the Education and Inspections Act 2006 (c. 40), Schedule 14, paragraph 42, and the Health and Social Care Act 2008 (c. 14), Schedule 5, paragraph 10(c); section 12(2) was amended by the Health and Social Care (Community Health and Standards) Act 2003, section 105(3), and the Health and Social Care Act 2008, Schedule 5, paragraph 11; section 14(1) was modified by S.I. 2022/808; section 15(3) was amended by the Health and Social Care Act 2008, Schedule 5, paragraph 14(b); section 16(3) was amended by the Health and Social Care (Community Health and Standards) Act 2003, section 105(6), and the Health and Social Care Act 2008, Schedule 5, paragraph 15; section 22(1) was amended by the Children and Families Act 2014 (c. 6), section 103(1) and modified by S.I. 2022/808; section 22(1A) was inserted by the Children and Families Act 2014, amended by section 103(2) and modified by S.I. 2022/808; section 22(2)(a), (b), (d), (f), (g), (i) and (j) was modified by S.I. 2022/808; section 22(2)(e) was amended by S.I. 2016/413 and S.I. 2019/772; section 22(5)(c) was modified by S.I. 2022/808; section 22(7)(b) to (j) was modified by S.I. 2022/808; section 22(7)(i) was amended by the Health and Social Care (Community Health and Standards) Act 2003, section 105(7) and the Health and Social Care Act 2008, Schedule 5, paragraph 21; section 30A(3) was inserted by the Children and Young Persons Act 2008 (c. 23), section 29 and the Regulation and Inspection of Social Care (Wales) Act 2016 (anaw. 2), Schedule 3, paragraph 11(c); section 31(7) was amended by the Health and Social Care Act 2008, Schedule 5, paragraph 27 and modified by S.I. 2022/808; sections 34(1) and 35(1) and (2) were modified by S.I. 2022/808; section 42(1) was amended by the Health and Social Care Act 2008, Schedule 5, paragraph 28(2). Under section 121 of the Care Standards Act 2000, “prescribed” means prescribed by regulations, “regulations”, except where there is provision for them to be made by the Secretary of State, means regulations made by the appropriate Minister, and “appropriate Minister”, in relation to England, means the Secretary of State.
- f2
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1989 c. 41; section 22C(11) was substituted by the Children and Young Persons Act 2008, section 8(1) and amended by S.I. 2016/413; section 23B(10) was inserted by the Children (Leaving Care) Act 2000 (c. 35), section 2(4) and amended by S.I 2016/413; section 68(2) was amended by the Criminal Justice Act 2003 (c. 44), Schedule 32, paragraph 60(2); section 104(4) was amended by the Children and Young Persons Act 2008, Schedule 3, paragraph 25(5).
Contents
- Part 1: General
- 1Citation, commencement, extent and application
- 2Interpretation
- Part 2: Quality standards and related matters
- 3Quality standards for supported accommodation undertakings
- 4The leadership and management standard
- 5The protection standard
- 6The accommodation standard
- 7The support standard
- 8Duty to have regard to statements of national minimum standards published under section 23 of the Care Standards Act 2000
- 9Statement of purpose
- 10Workforce plan
- Part 3: Registered persons
- 11Fitness of registered provider
- 12Fitness of registered service manager
- 13Registered person – general requirements
- 14Appointment of manager
- 15Compliance with regulations
- 16Amendments to the Care Standards Act 2000 (Registration) (England) Regulations 2010
- Part 4: Staffing
- 17Fitness of staff
- 18Employment of staff
- 19Temporary staff
- Part 5: Policies for the protection of children and maintenance of records
- 20Safeguarding policy
- 21Missing child policy
- 22Behaviour management policy and records
- 23Contingency plan policy
- 24Children’s case records
- 25Other records
- 26Storage of records
- Part 6: Notifications and complaints
- 27Notification of a serious event
- 28Notification with respect to children admitted into, or discharged from, supported accommodation
- 29Notification of offences
- 30Amendments to the Care Standards Act 2000 (Enforcement of Care Standards) (Notification) (England) Regulations 2011
- 31Complaints and representations
- Part 7: Reviewing and monitoring supported accommodation undertakings
- 32Quality of support review
- 33Absence of registered service manager
- 34Notice of changes
- 35Financial position
- Part 8: Prohibition on placing a child in unregistered supported accommodation
- 36Amendments to the Care Planning, Placement and Case Review (England) Regulations 2010
- 37Amendments to the Care Leavers (England) Regulations 2010
- Part 9: Further amendments
- 38Amendments to the Disqualification from Caring for Children (England) Regulations 2002
- 39Amendments to the Her Majesty’s Chief Inspector of Education, Children’s Services and Skills (Fees and Frequency of Inspections) (Children’s Homes etc.) Regulations 2015
- 40Amendments to the 2022 Regulations
- Part 10: Miscellaneous
- 41Appointment of liquidators etc.
- 42Death of a registered person
- 43Application of Part 2 of the Care Standards Act 2000 to persons carrying on or managing supported accommodation undertakings
- 44Transitional provisions
- Signature
- Schedule 1: Information required in respect of persons seeking to register in respect of, or to work for, a supported accommodation undertaking
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- Schedule 2: Information and documents to be included in each child’s case records
- 1Personal details in relation to the child
- 2Personal details in relation to the child
- 3Personal details in relation to the child
- 4Personal details in relation to the child
- 5Personal details in relation to the child
- 6Personal details in relation to the child
- 7Personal details in relation to the child
- 8Personal details in relation to the child
- 9Contact details of certain persons in relation to the child
- 10Contact details of certain persons in relation to the child
- 11Contact details of certain persons in relation to the child
- 12Contact details of certain persons in relation to the child
- 13Contact details of certain persons in relation to the child
- 14Information relating to the care, protection or safety of the child
- 15Information relating to the care, protection or safety of the child
- 16Information relating to the care, protection or safety of the child
- 17Plans or reports relating to the child
- 18Plans or reports relating to the child
- 19Plans or reports relating to the child
- 20Plans or reports relating to the child
- 21Health matters in relation to the child
- 22Health matters in relation to the child
- 23Health matters in relation to the child
- 24Health matters in relation to the child
- 25Health matters in relation to the child
- 26Health matters in relation to the child
- Schedule 3: Other records with respect to supported accommodation undertakings
- 1Register of children
- 2Persons working in premises used as supported accommodation
- Schedule 4: Modifications to Part 2, other than sections 11 and 26, of the Care Standards Act 2000
- 1Modification of section 12 (application for registration)
- 2Modification of section 13 (grant or refusal of registration)
- 3Modification of section 14 (cancellation of registration)
- 4Modification of section 14A (suspension of registration)
- 5Modification of section 15 (applications by registered persons)
- 6Modification of section 16 (regulations about registration)
- 7Modification of section 17 (notice of proposals)
- 8Modification of section 18 (right to make representations)
- 9Modification of section 19 (notice of decisions)
- 10Modification of section 20 (urgent procedure for cancellation, variation etc: England)
- 11Modification of section 20B (urgent procedure for suspension or variation etc)
- 12Modification of section 21 (appeals to the Tribunal)
- 13Modification of section 22 (regulation of establishments and agencies)
- 14Modification of section 22A (power of CIECSS to serve notice where person is failing to comply with regulations)
- 15Modification of section 22B (notice restricting accommodation at certain establishments)
- 16Modification of section 23 (national minimum standards)
- 17Modification of section 24 (failure to comply with conditions)
- 18Modification of section 24A (offences relating to suspension)
- 19Modification of section 29 (proceedings for offences)
- 20Modification of section 30A (notification of matters relating to persons carrying on or managing certain establishments or agencies)
- 21Modification of section 31 (inspections by persons authorised by registration authority)
- 22Modification of section 32 (inspections: supplementary)
- 23Modification of section 36 (provision of copies of registers)
- 24Modification of section 37 (service of documents)
- Schedule 5: Modifications to sections 11 and 26 of the Care Standards Act 2000
- 1Modification of section 11 (requirement to register)
- 2Modification of section 26 (false descriptions of establishments and agencies)
- Explanatory note