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The Supported Accommodation (England) Regulations 2023

S.I. 2023/416 · Made 5 April 2023 · Extends to England and Wales

Up to date with all changes known to legislation.gov.uk, revised to 28 October 2023.

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

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

  1. Part 1: General
  2. 1Citation, commencement, extent and application
  3. 2Interpretation
  4. Part 2: Quality standards and related matters
  5. 3Quality standards for supported accommodation undertakings
  6. 4The leadership and management standard
  7. 5The protection standard
  8. 6The accommodation standard
  9. 7The support standard
  10. 8Duty to have regard to statements of national minimum standards published under section 23 of the Care Standards Act 2000
  11. 9Statement of purpose
  12. 10Workforce plan
  13. Part 3: Registered persons
  14. 11Fitness of registered provider
  15. 12Fitness of registered service manager
  16. 13Registered person – general requirements
  17. 14Appointment of manager
  18. 15Compliance with regulations
  19. 16Amendments to the Care Standards Act 2000 (Registration) (England) Regulations 2010
  20. Part 4: Staffing
  21. 17Fitness of staff
  22. 18Employment of staff
  23. 19Temporary staff
  24. Part 5: Policies for the protection of children and maintenance of records
  25. 20Safeguarding policy
  26. 21Missing child policy
  27. 22Behaviour management policy and records
  28. 23Contingency plan policy
  29. 24Children’s case records
  30. 25Other records
  31. 26Storage of records
  32. Part 6: Notifications and complaints
  33. 27Notification of a serious event
  34. 28Notification with respect to children admitted into, or discharged from, supported accommodation
  35. 29Notification of offences
  36. 30Amendments to the Care Standards Act 2000 (Enforcement of Care Standards) (Notification) (England) Regulations 2011
  37. 31Complaints and representations
  38. Part 7: Reviewing and monitoring supported accommodation undertakings
  39. 32Quality of support review
  40. 33Absence of registered service manager
  41. 34Notice of changes
  42. 35Financial position
  43. Part 8: Prohibition on placing a child in unregistered supported accommodation
  44. 36Amendments to the Care Planning, Placement and Case Review (England) Regulations 2010
  45. 37Amendments to the Care Leavers (England) Regulations 2010
  46. Part 9: Further amendments
  47. 38Amendments to the Disqualification from Caring for Children (England) Regulations 2002
  48. 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
  49. 40Amendments to the 2022 Regulations
  50. Part 10: Miscellaneous
  51. 41Appointment of liquidators etc.
  52. 42Death of a registered person
  53. 43Application of Part 2 of the Care Standards Act 2000 to persons carrying on or managing supported accommodation undertakings
  54. 44Transitional provisions
  55. Signature
  56. Schedule 1: Information required in respect of persons seeking to register in respect of, or to work for, a supported accommodation undertaking
  57. 1Paragraph 1
  58. 2Paragraph 2
  59. 3Paragraph 3
  60. 4Paragraph 4
  61. 5Paragraph 5
  62. 6Paragraph 6
  63. Schedule 2: Information and documents to be included in each child’s case records
  64. 1Personal details in relation to the child
  65. 2Personal details in relation to the child
  66. 3Personal details in relation to the child
  67. 4Personal details in relation to the child
  68. 5Personal details in relation to the child
  69. 6Personal details in relation to the child
  70. 7Personal details in relation to the child
  71. 8Personal details in relation to the child
  72. 9Contact details of certain persons in relation to the child
  73. 10Contact details of certain persons in relation to the child
  74. 11Contact details of certain persons in relation to the child
  75. 12Contact details of certain persons in relation to the child
  76. 13Contact details of certain persons in relation to the child
  77. 14Information relating to the care, protection or safety of the child
  78. 15Information relating to the care, protection or safety of the child
  79. 16Information relating to the care, protection or safety of the child
  80. 17Plans or reports relating to the child
  81. 18Plans or reports relating to the child
  82. 19Plans or reports relating to the child
  83. 20Plans or reports relating to the child
  84. 21Health matters in relation to the child
  85. 22Health matters in relation to the child
  86. 23Health matters in relation to the child
  87. 24Health matters in relation to the child
  88. 25Health matters in relation to the child
  89. 26Health matters in relation to the child
  90. Schedule 3: Other records with respect to supported accommodation undertakings
  91. 1Register of children
  92. 2Persons working in premises used as supported accommodation
  93. Schedule 4: Modifications to Part 2, other than sections 11 and 26, of the Care Standards Act 2000
  94. 1Modification of section 12 (application for registration)
  95. 2Modification of section 13 (grant or refusal of registration)
  96. 3Modification of section 14 (cancellation of registration)
  97. 4Modification of section 14A (suspension of registration)
  98. 5Modification of section 15 (applications by registered persons)
  99. 6Modification of section 16 (regulations about registration)
  100. 7Modification of section 17 (notice of proposals)
  101. 8Modification of section 18 (right to make representations)
  102. 9Modification of section 19 (notice of decisions)
  103. 10Modification of section 20 (urgent procedure for cancellation, variation etc: England)
  104. 11Modification of section 20B (urgent procedure for suspension or variation etc)
  105. 12Modification of section 21 (appeals to the Tribunal)
  106. 13Modification of section 22 (regulation of establishments and agencies)
  107. 14Modification of section 22A (power of CIECSS to serve notice where person is failing to comply with regulations)
  108. 15Modification of section 22B (notice restricting accommodation at certain establishments)
  109. 16Modification of section 23 (national minimum standards)
  110. 17Modification of section 24 (failure to comply with conditions)
  111. 18Modification of section 24A (offences relating to suspension)
  112. 19Modification of section 29 (proceedings for offences)
  113. 20Modification of section 30A (notification of matters relating to persons carrying on or managing certain establishments or agencies)
  114. 21Modification of section 31 (inspections by persons authorised by registration authority)
  115. 22Modification of section 32 (inspections: supplementary)
  116. 23Modification of section 36 (provision of copies of registers)
  117. 24Modification of section 37 (service of documents)
  118. Schedule 5: Modifications to sections 11 and 26 of the Care Standards Act 2000
  119. 1Modification of section 11 (requirement to register)
  120. 2Modification of section 26 (false descriptions of establishments and agencies)
  121. Explanatory note