The Registration and Inspection of Education, Children’s Services and Skills (Fees and Frequency of Inspections) (England) (Amendment) Regulations 2024

Contents

Part 1 · Introductory

1Citation, commencement and extent#

(1)These Regulations may be cited as the Registration and Inspection of Education, Children’s Services and Skills (Fees and Frequency of Inspections) (England) (Amendment) Regulations 2024.

(2)These Regulations come into force on 1st April 2024, subject to paragraph (3).

(3)Regulations 16(4) to (6) come into force on 1st September 2024.

(4)These Regulations extend to England and Wales.

2Interpretation#

In these Regulations—

(a)“the Registration Regulations” means the Care Standards Act 2000 (Registration) (England) Regulations 2010;

(b)“the Fees and Frequency of Inspections Regulations” means the Her Majesty’s Chief Inspector of Education, Children’s Services and Skills (Fees and Frequency of Inspections) (Children’s Homes etc.) Regulations 2015.

Part 2 · Amendments to the Registration Regulations

3Amendments to the Registration Regulations#

The Registration Regulations are amended in accordance with the following provisions of this Part.

4Amendment to regulation 2#

In regulation 2 (interpretation), in paragraph (1), at the appropriate point in the alphabetical order insert—“• “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) a secure 16 to 19 Academy approved under section 1B(4) of the Academies Act 2010;”

5Amendment to regulation 7#

(1)Regulation 7 (registers) is amended as follows.

(2)In paragraph (5), for “paragraph (6)” substitute “paragraphs (6) and (7)”.

(3)After paragraph (6), insert—“7 Paragraph (5) does not apply in relation to a secure children’s home.”

6Amendment to Schedule 1#

In Schedule 1 (information to be supplied on an application for registration as a person who carries on an establishment, agency, holiday scheme for disabled children or supported accommodation undertaking), omit paragraph 4(a).

7Amendment to Schedule 2#

In Schedule 2 (documents to be supplied on an application for registration as a person who carries on an establishment, agency, holiday scheme for disabled children or supported accommodation undertaking), for sub-paragraphs (1) and (2) of paragraph 3 substitute—“1 Subject to sub-paragraph (2), a statement by the responsible person as to the state of their physical and mental health.2 Where requested by the CI, a report by a general medical practitioner as to whether the responsible person is physically and mentally fit to carry on an establishment, agency, holiday scheme for disabled children or supported accommodation undertaking of the same description as the establishment, agency, holiday scheme for disabled children or supported accommodation undertaking.”

8Amendment to Schedule 3#

In Schedule 3 (information and documents to be supplied on an application for registration as the manager of an establishment, agency, holiday scheme for disabled children or supported accommodation undertaking), for sub-paragraphs (1) and (2) of paragraph 11 substitute—“1 Subject to sub-paragraph (2), a statement by the applicant as to the state of their physical and mental health.2 Where requested by the CI, a report by a general medical practitioner as to whether the applicant is physically and mentally fit to manage an establishment, agency, holiday scheme for disabled children or supported accommodation undertaking of the same description as the establishment, agency, holiday scheme for disabled children or supported accommodation undertaking.”

Part 3 · Amendments to the Fees and Frequency of Inspections Regulations

9Amendments to the Fees and Frequency of Inspections Regulations#

The Fees and Frequency of Inspections Regulations are amended in accordance with the following provisions of this Part.

10Amendment to regulation 2#

In regulation 2 (interpretation), in paragraph (b) of the definition of “secure children’s home”, omit “(b)” the second time it occurs.

11Amendment to regulation 6#

In regulation 6 (children’s homes)—

(a)in paragraph (1), omit the words “or a children’s home that is not a small children’s home”;

(b)after paragraph (1), insert—“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.”

12Amendment to regulation 18#

In regulation 18 (interpretation and introductory), in paragraph (2)(b), after “regulations 20 to 25” insert “and 26A”.

13Amendment to regulation 19#

In regulation 19 (boarding schools, residential colleges and residential special schools)—

(a)in sub-paragraph (3)(b) and (c), for “17” substitute “13”;

(b)in sub-paragraph (3)(b)(ii), for “17th” substitute “13th”.

14Amendment to regulation 23#

In regulation 23 (children’s homes)—

(a)in sub-paragraphs (1)(b) and (c), for “20” substitute “16”;

(b)in sub-paragraph (1)(b)(ii), for “20th” substitute “16th”.

15Insertion of regulation 26A#

After regulation 26 (local authority adoption and fostering functions), insert—“26A 1 The annual fee payable in respect of a small supported accommodation undertaking is £2,700.2 The annual fee payable in respect of a large supported accommodation undertaking is £3,000.”

16Amendment to regulation 27#

(1)Regulation 27 (frequency of inspections) is amended as follows.

(2)In paragraph (3A), after sub-paragraph (b) insert—“c which does not record a judgment on the overall experiences and progress of children and young people living in a children’s home because there are no children and young people living in the home at the time of the inspection, no further inspection will be required in that year unless the Chief Inspector determines that a further inspection is required.”

(3)In paragraph (3B), for “subsection” substitute “paragraph”.

(4)After paragraph (3B), insert—“3C The Chief Inspector must arrange for premises which are used for the purposes of a supported accommodation undertaking to be inspected at least once in the first inspection cycle and thereafter at least once in each subsequent inspection cycle.”

(5)In paragraph (4), for “paragraph (1)” substitute “paragraphs (1) and (3C)”.

(6)In paragraph (5), after sub-paragraph (c) insert—“d “first inspection cycle” means:i for a supported accommodation undertaking registered by the Chief Inspector before 1st April 2024, the period commencing with 1st September 2024 and ending with 31st March 2027;ii for a supported accommodation undertaking registered by the Chief Inspector on or after 1st April 2024, the period commencing with 1st April following the date on which the supported accommodation undertaking was registered and ending 36 months later;e “subsequent inspection cycle” means the period commencing with 1st April following the date on which the supported accommodation undertaking was last inspected and ending 36 months later.”

17Substitution of certain fees payable under the Fees and Frequency of Inspections Regulations#

In each provision of the Fees and Frequency of Inspections Regulations specified in column 1 of the table in the Schedule, for the amount specified in column 2 (old fee) substitute the amount specified in column 3 (new fee).

Schedule · Substitution of certain fees payable under the Fees and Frequency of Inspections Regulations

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