Contents
Part 1 · General
1Citation and commencement#
These Regulations may be cited as the Her Majesty's Chief Inspector of Education, Children's Services and Skills (Fees and Frequency of Inspections) (Children's Homes etc.) Regulations 2015 and come into force on 1st April 2015.
2Interpretation#
In these Regulations—• “approved place” means—(a) in relation to a children's home note, boarding school, residential college or residential special school, a bed provided for the use of a service user at night; and(b) in relation to a residential family centre note, overnight accommodation which is appropriate to a single family;(c) in relation to a supported accommodation undertaking, premises at which supported accommodation is to be provided by the undertaking;• “boarding school” means a school (not being a residential special school or a school which is a children's home or care home note) providing accommodation for any child, and “school” has the meaning given to it in section 4 of the Education Act 1996 note;• “Chief Inspector” means Her Majesty's Chief Inspector of Education, Children's Services and Skills;• “holiday scheme for disabled children” has the same meaning as in the Care Standards Act 2000 (Extension of the Application of Part 2 to Holiday Schemes for Disabled Children) (England) Regulations 2013 note;• “large supported accommodation undertaking” means a supported accommodation undertaking which has 10 or more approved places;• “multi-building children’s home” means a children’s home where the care and accommodation is provided in more than one building;• “relevant number of staff” means—(a) in the case of a voluntary adoption agency note, seven full-time staff or the equivalent, excluding the manager or, as the case may be, branch manager, appointed in accordance with the Voluntary Adoption Agencies and the Adoption Agencies (Miscellaneous Amendments) Regulations 2003 note;(b) in the case of an adoption support agency note, two full-time staff or the equivalent, excluding the manager appointed in accordance with the Adoption Support Agencies (England) and Adoption Agencies (Miscellaneous Amendments) Regulations 2005 note or anyone employed solely as a receptionist or administrator;• “residential college” means a college as defined in section 87(10) note of the Children Act 1989 which provides accommodation for any child;• “residential special school” means—(a) a special school within the meaning of section 337 of the Education Act 1996 note;(b) an independent educational institution which has been entered on the register of independent educational institutions in England and which is specially organised to make special educational provision for pupils with special educational needs (within the meaning of section 579 of the Education Act 1996 note),which is not a registered children's home but which provides accommodation for any child;• “secure children’s home” means—(a) a children’s home provided for the purpose of restricting liberty and approved for that purpose in accordance with regulation 3 of the Children (Secure Accommodation) Regulations 1991; or(b) note... a secure 16 to 19 Academy approved under section 1B(4) of the Academies Act 2010;• “small adoption support agency” means an adoption support agency where no more than the relevant number of staff are employed at any one time;• “small branch” means a branch where no more than the relevant number of staff are employed at any one time as social workers;• “small children's home” means a children's home, other than a multi-building children’s home, which has fewer than four approved places;• “small principal office” means a principal office where no more than the relevant number of staff are employed at any one time as social workers;• “small residential family centre” means a residential family centre which has fewer than four approved places;• “small supported accommodation undertaking” means a supported accommodation undertaking which has fewer than 10 approved places;• “social worker” means a person who is registered as such in the register of social workers in England maintained under section 39(1) of the Children and Social Work Act 2017.• “supported accommodation” has the same meaning as in regulation 2 of the Care Standards Act 2000 (Extension of the Application of Part 2 to Supported Accommodation) (England) Regulations 2022;• “supported accommodation undertaking” has the same meaning as in regulation 2 of the Care Standards Act 2000 (Extension of the Application of Part 2 to Supported Accommodation) (England) Regulations 2022.
Part 2 · Registration Fees
3Introductory#
This Part—
(a)applies for the purposes of section 12(2) of the Care Standards Act 2000 (application for registration); and
(b)prescribes the fee that must accompany an application for registration under Part 2 of that Act.
4Voluntary adoption agencies#
(1)Where the application is for registration as the person who carries on a voluntary adoption agency, the fee, subject to paragraph (2), is—
(a)£4068; and
(b)if the voluntary adoption agency has, in addition to its principal office, one or more branches, an additional sum of—
(i)£4068 in respect of each branch that is not a small branch, and
(ii)£1393 in respect of each small branch.
(2)If the voluntary adoption agency has a small principal office, the fee is—
(a)£1393; and
(b)if the voluntary adoption agency has, in addition to its small principal office, one or more branches, an additional sum of—
(i)£4068 in respect of each branch that is not a small branch, and
(ii)£1393 in respect of each small branch.
5Adoption support agencies#
(1)Where the application is for registration as the person who carries on an adoption support agency that is not a small adoption support agency, the fee is £3284.
(2)Where the application is for registration as the person who carries on a small adoption support agency, the fee is £1393.
(3)Where the application is for registration as the person who manages an adoption support agency that is not a small adoption support agency, the fee is £821.
6Children's homes#
(1)Subject to paragraph (4), where the application is for registration as the person who carries on a multi-building children’s home note..., the fee is £4780.
(1A)Where the application is for registration as the person who carries on a children’s home that is not a small children’s home, the fee is £3284.
(2)Where the application is for registration as the person who carries on a small children's home, the fee is £2006.
(3)Subject to paragraph (4), where the application is for registration as the person who manages a multi-building children’s home or a children’s home that is not a small children’s home, the fee is £910.
(4)The fees payable in respect of a multi-building children’s home do not apply to the following—
(a)a school which is a children’s home under section 1(6) of the Care Standards Act 2000; and
(b)a secure children’s home.
7Residential family centres#
(1)Where the application is for registration as the person who carries on a residential family centre that is not a small residential family centre, the fee is £3284.
(2)Where the application is for registration as the person who carries on a small residential family centre, the fee is £1674.
(3)Where the application is for registration as the person who manages a residential family centre that is not a small residential family centre, the fee is £910.
8Fostering agencies#
(1)Where the application is for registration as the person who carries on a fostering agency, the fee is £3284.
(2)Where the application is for registration as the person who manages a fostering agency, the fee is £910.
9Holiday schemes for disabled children#
(1)Where the application is for registration as the person who carries on a holiday scheme for disabled children, the fee is £596.
(2)Where the application is for registration as the person who manages a holiday scheme for disabled children, the fee is £596.
9ASupported accommodation undertakings#
(1)Where the application is for registration as the person who carries on a small supported accommodation undertaking, the fee is £4320.
(2)Where the application is for registration as the person who carries on a large supported accommodation undertaking, the fee is £5520.
(3)Where the application is for registration as the individual who manages a supported accommodation undertaking, the fee is £910.
Part 3 · Variation Fees
11Introductory#
(1)This Part—
(a)applies for the purposes of section 15(3) of the Care Standards Act 2000 (applications by registered persons); and
(b)prescribes the fee that must accompany an application under section 15(1)(a) of that Act.
(2)For the purposes of this Part, a variation of a condition for the time being in force in relation to a registration is a “minor variation” if, in the opinion of the Chief Inspector, it would, if made, require no material alteration to any register kept by virtue of section 11(4) note of that Act.
12Voluntary adoption agencies#
(1)— Where the application relates to a voluntary adoption agency, the fee, subject to paragraphs (2) and (3), is—
(a)where the agency has a principal office that is not small, £910; and
(b)where the agency has a small principal office, £821.
(2)Where the application relates to the establishment of a branch, the fee is—
(a)£910 in respect of each proposed new branch that is not a small branch; and
(b)£821 in respect of each proposed new small branch.
(3)In the case of an application for a minor variation, the fee is £231.
13Adoption support agencies#
(1)Where the application relates to an adoption support agency that is not a small adoption support agency, the fee, subject to paragraph (3), is £910.
(2)Where the application relates to a small adoption support agency, the fee, subject to paragraph (3), is £821.
(3)In the case of an application for a minor variation, the fee is £231.
14Children's homes#
(1)Subject to paragraphs (3) and (4), where the application relates to a multi-building children’s home or a children’s home that is not a small children’s home, the fee is £910.
(2)Where the application relates to a small children's home, the fee, subject to paragraph (3), is £910.
(3)In the case of an application for a minor variation, the fee is £334.
(4)The fees payable in respect of a multi-building children’s home do not apply to the following—
(a)a school which is a children’s home under section 1(6) of the Care Standards Act 2000; and
(b)a secure children’s home.
15Residential family centres#
(1)Where the application relates to a residential family centre that is not a small residential family centre, the fee, subject to paragraph (3), is £910.
(2)Where the application relates to a small residential family centre, the fee, subject to paragraph (3), is £910.
(3)In the case of an application for a minor variation, the fee is £277.
16Fostering agencies#
(1)Where the application relates to a fostering agency, the fee, subject to paragraph (2), is £910.
(2)In the case of an application for a minor variation, the fee is £334.
Part 4 · Annual Fees
18Interpretation and introductory#
(1)In this Part—• “certificate” means a certificate of registration issued under section 13(4) note of the Care Standards Act 2000 (grant or refusal of registration);• “existing provider” means a person who immediately before 1st April 2002—(a) was registered under Part 1 or 2 of the Registered Homes Act 1984 note in respect of a residential care home or a nursing home;(b) carried on a home that was registered in a register kept for the purposes of section 60 note of the Children Act 1989 (voluntary homes); or(c) carried on a home that was registered under Part 8 of that Act;• “new provider” means a person who—(a) carries on a children's home and first carried on that home on or after 1st April 2002;(b) carries on a voluntary adoption agency and first carried on that agency on or after 30th April 2003;• “previously exempt provider” means a person who immediately before 1st April 2002 carried on an establishment other than—(a) a residential care home or nursing home in respect of which a person was required to be registered under Part 1 or 2 of the Registered Homes Act 1984;(b) a home that was required to be registered in a register kept for the purposes of section 60 of the Children Act 1989; or(c) a home that was registered under Part 8 of that Act.
(2)In this Part—
(a)regulation 19 applies for the purposes of section 87D(2) of the Children Act 1989;
(b)regulations 20 to 25 and 26A apply for the purposes of section 16(3) of the Care Standards Act 2000; and
(c)regulation 26 applies for the purposes of section 155(1) and (2) of the Education and Inspections Act 2006.
19Boarding schools, residential colleges and residential special schools#
(1)The relevant person in respect of a boarding school must pay an annual fee and the fee is, where the boarding school—
(a)has 3 or fewer approved places, £1760;
(b)has between 4 and 12 approved places—
(i)£1760, plus
(ii)£105 for each approved place from the 4th to the 12th place inclusive;
(c)has between 13 and 50 approved places, £2766;
(d)has between 51 and 500 approved places, £3870;
(e)has more than 500 approved places, £3930.
(2)The relevant person in respect of a residential college must pay an annual fee and the fee is, where the residential college—
(a)has 3 or fewer approved places, £2342;
(b)has between 4 and 8 approved places—
(i)£2342, plus
(ii)£144 for each approved place from the 4th to the 8th place inclusive;
(c)has more than 8 approved places, £3123.
(3)The relevant person in respect of a residential special school must pay an annual fee and the fee is, where the residential special school—
(a)has 3 or fewer approved places, £4309;
(b)has between 4 and 6 approved places—
(i)£4309, plus
(ii)£429 for each approved place from the 4th to the 6th place inclusive;
(c)has more than 6 approved places, £5995.
(4)The annual fee in respect of a boarding school, residential college or residential special school is payable—
(a)in the case of a school or college that was providing accommodation for any child on 1st January 2002, on 1st September in each year;
(c)otherwise, on the date of the establishment of the school or college, and thereafter on the anniversary of that date.
20Voluntary adoption agencies#
(1)The annual fee payable in respect of a voluntary adoption agency is, subject to paragraph (2)—
(a)£3069; and
(b)if the voluntary adoption agency has, in addition to its principal office, one or more branches, an additional sum of—
(i)£3069 in respect of each branch that is not a small branch, and
(ii)£1873 in respect of each small branch.
(2)If the voluntary adoption agency has a small principal office, the fee is—
(a)£1873;
(b)if the voluntary adoption agency has, in addition to its small principal office, one or more branches, an additional sum of—
(i)£3069 in respect of each branch that is not a small branch, and
(ii)£1873 in respect of each small branch.
(3)The annual fee is payable—
(a)in the case of a person who carries on an agency that was an adoption society approved under Part 1 of the Adoption Act 1976 note, on 30th April in each year;
(b)in the case of a new provider registered before 1st April 2015, on the anniversary of the date on which the certificate was issued;
(c)otherwise, on the date on which the certificate is issued, and thereafter on the anniversary of that date.
21Adoption support agencies#
(1)The annual fee payable in respect of an adoption support agency that is not a small adoption support agency, is £1648.
(2)The annual fee payable in respect of a small adoption support agency is £1554.
(3)The annual fee is payable—
(a)if the certificate was issued before 1st April 2015, on the anniversary of the date on which the certificate was issued;
(b)otherwise, on the date on which the certificate is issued, and thereafter on the anniversary of that date.
22Fostering agencies#
(1)The annual fee payable in respect of a fostering agency is £3658.
(2)The annual fee is payable—
(a)if the certificate was issued before 1st April 2003, on 1st April in each year;
(b)if the certificate was issued on or after 1st April 2003 but before 1st April 2015, on the anniversary of the date on which the certificate was issued;
(c)otherwise, on the date on which the certificate is issued, and thereafter on the anniversary of that date.
23Children's homes#
(1)Subject to paragraphs (1A) and (1B), the annual fee payable in respect of a children's home is—
(a)where the home has 3 or fewer approved places, £5390;
(b)where the home has between 4 and 8 approved places,
(i)£5390, plus
(ii)£536 for each approved place from the 4th to the 8th inclusive;
(c)where the home has more than 8 approved places, £8267.
(1A)The annual fee payable in respect of a multi-building children’s home is—
(a)where there are 3 or fewer approved places, £8085;
(b)where there are between 4 and 6 approved places,
(i)£8085, plus
(ii)£536 for each approved place from the 4th to the 6th inclusive.
(1B)The fees payable in respect of a multi-building children’s home do not apply to the following—
(a)a school which is a children’s home under section 1(6) of the Care Standards Act 2000; and
(b)a secure children’s home.
(2)The annual fee in respect of a children's home is payable—
(a)in the case of an existing provider, on the anniversary of the date on which the annual fee was payable under the Registered Homes Act 1984 Act or the Children Act 1989;
(b)in the case of an existing provider, where an annual fee was not previously payable under the Children Act 1989, on 1st April in each year;
(c)in the case of a previously exempt provider, on 1st April in each year;
(d)in the case of a new provider if the certificate was issued before 1st April 2015, on the anniversary of the date of issue of the certificate;
(e)otherwise, on the date on which the certificate is issued and thereafter on the anniversary of that date.
24Residential family centres#
(1)The annual fee payable in respect of a residential family centre is—
(a)where the centre has 3 or fewer approved places, £2078;
(b)where the centre has 4 approved places, £2104;
(c)where the centre has more than 4 approved places, £2104.
(2)The annual fee in respect of a residential family centre is payable—
(a)in the case of an existing provider, on the anniversary of the date on which the annual fee was payable under the Registered Homes Act 1984 Act or the Children Act 1989;
(b)in the case of a previously exempt provider, on 1st April in each year;
(c)in the case of a new provider if the certificate was issued before 1st April 2015, on the anniversary of the date of issue of the certificate;
(d)otherwise, on the date on which the certificate is issued and thereafter on the anniversary of that date.
25Holiday schemes for disabled children#
(1)The annual fee payable in respect of a holiday scheme for disabled children is £500.
(2)The annual fee in respect of a holiday scheme for disabled children is payable—
(a)if the certificate was issued before 1st April 2015, on the anniversary of the date on which the certificate was issued;
(b)otherwise, on the date on which the certificate is issued, and thereafter on the anniversary of that date.
26Local authority adoption and fostering functions#
(1)A local authority must pay to the Chief Inspector an annual fee in respect of—
(a)the discharge by the authority of relevant adoption functions, of £2715; and
(b)the discharge by the authority of relevant fostering functions, of £2715.
(2)In this regulation “relevant adoption functions” and “relevant fostering functions” have the meaning given in section 43 note of the Care Standards Act 2000.
(3)An annual fee under this regulation is payable on 1st April 2015 and thereafter on the anniversary of that date.
Part 5 · Frequency of Inspections
27Frequency of inspections#
(1)The Discretionary Housing Payments (Grants) Order 2001 shall be amended in accordance with the following provisions of this article.
(a)section 3 (presumptions that food is intended for human consumption) with the modifications that the references to “sold” and “sale” shall be deemed to include references to “placed on the market” and “placing on the market” respectively;
(b)section 33(1) (obstruction etc. of officers);
(c)section 33(2), with the modification that the reference to “any such requirement as is mentioned in subsection (1)(b) above” shall be deemed to be a reference to any such requirement as is mentioned in that subsection as applied by sub–paragraph (b) above;
(1A)In paragraph (1) “appropriate authority” means—
(a)section 3 (presumptions that food is intended for human consumption) with the modifications that the references to “sold” and “sale” shall be deemed to include references to “placed on the market” and “placing on the market” respectively;
(b)section 33(1) (obstruction etc. of officers);
(c)section 33(2), with the modification that the reference to “any such requirement as is mentioned in subsection (1)(b) above” shall be deemed to be a reference to any such requirement as is mentioned in that subsection as applied by sub–paragraph (b) above;
(2)
(3)In article 3(2) (claims), at the beginning of sub-paragraph (g), insert the words “except where the claim is a non-audit claim,”.
(3A)The arrangements made by an integrated care board or NHS England under paragraph (2) may be made with a pharmacist or other person or body.
(a)section 3 (presumptions that food is intended for human consumption) with the modifications that the references to “sold” and “sale” shall be deemed to include references to “placed on the market” and “placing on the market” respectively;
(b)section 33(1) (obstruction etc. of officers);
(c)section 33(2), with the modification that the reference to “any such requirement as is mentioned in subsection (1)(b) above” shall be deemed to be a reference to any such requirement as is mentioned in that subsection as applied by sub–paragraph (b) above;
(3B)A mother who—
may become entitled to benefit from the date of birth of the child, provided that she has not made a claim as a mother described in regulation 3(3)(db).
(3C)Terms used in paragraph (3A)(a) and (b) have the same meaning that they have in the Biodiversity Beyond National Jurisdiction Agreement (see in particular Article 30(1)).
(3ZA)The Scottish Ministers must not send a notification under paragraph (1) to a DLA entitled person who—
until the person reaches the age of 18, after which the Scottish Ministers must send a notification under paragraph (1) to that person as soon as reasonably practicable.
(3ZB)Where a closed children’s home ceases to be a closed children’s home—
(a)section 3 (presumptions that food is intended for human consumption) with the modifications that the references to “sold” and “sale” shall be deemed to include references to “placed on the market” and “placing on the market” respectively;
(b)section 33(1) (obstruction etc. of officers);
(4)Section 34 of the Act (time limit for prosecutions) shall apply to offences under regulation 4 as it applies to offences punishable under section 35(2) of the Act.
(5)An appeal body for a regulated profession may, for the purpose of determining any appeal under these Regulations against the decision of a designated authority—
(a)section 3 (presumptions that food is intended for human consumption) with the modifications that the references to “sold” and “sale” shall be deemed to include references to “placed on the market” and “placing on the market” respectively;
(b)section 33(1) (obstruction etc. of officers);
(c)section 33(2), with the modification that the reference to “any such requirement as is mentioned in subsection (1)(b) above” shall be deemed to be a reference to any such requirement as is mentioned in that subsection as applied by sub–paragraph (b) above;
(d)section 44 (protection of officers acting in good faith).
(i)omit “or 48”, and
(ii)omit sub-paragraph (b).
(e)section 35(1) (punishment of offences) note in so far as it relates to offences under section 33(1) as applied by paragraph (3) below;
Part 6 · Revocations
Schedule · Revocations
Contains public sector information licensed under the Open Government Licence v3.0.