The Residential Family Centres Regulations 2002

[^key-3df21d3b0439555c4d86fcc3cea122c7]: Sch. 3 para. 13A inserted (1.4.2013) by The Residential Family Centres (Amendment) Regulations 2013 (S.I. 2013/499), regs. 1, 19

[^key-67c654ebb29451323c3fe74b4cd6763a]: Words in Sch. 3 para. 5 substituted (1.4.2013) by The Residential Family Centres (Amendment) Regulations 2013 (S.I. 2013/499), regs. 1, 3(2)

[^key-25f6ec54e51c8fd04ebd9fba390bb202]: Words in Sch. 4 para. 2(e) omitted (1.4.2013) by virtue of The Residential Family Centres (Amendment) Regulations 2013 (S.I. 2013/499), regs. 1, 3(3)

[^key-499590759f3cf90ae44704ce2d43b330]: Sch. 4 para. 2(ea) inserted (1.4.2013) by The Residential Family Centres (Amendment) Regulations 2013 (S.I. 2013/499), regs. 1, 3(4)

[^key-ae5967d680f1b4d839cacfdeaba3a20b]: Sch. 4 para. 6 omitted (1.4.2013) by virtue of The Residential Family Centres (Amendment) Regulations 2013 (S.I. 2013/499), regs. 1, 20

[^key-97fa43fe672b22b3fbef3561f1e4e3ee]: Word in Sch. 5 inserted (1.4.2013) by The National Treatment Agency (Abolition) and the Health and Social Care Act 2012 (Consequential, Transitional and Saving Provisions) Order 2013 (S.I. 2013/235), art. 1(2), Sch. 2 para. 57(a)

[^key-8e3c982baba4f787af4b7388ba474662]: Words in Sch. 5 substituted (1.4.2013) by The National Treatment Agency (Abolition) and the Health and Social Care Act 2012 (Consequential, Transitional and Saving Provisions) Order 2013 (S.I. 2013/235), art. 1(2), Sch. 2 para. 57(b)(i)

[^key-f7fe995ebc03a1bc20e13ffc5596075d]: Word in Sch. 5 omitted (1.4.2013) by virtue of The National Treatment Agency (Abolition) and the Health and Social Care Act 2012 (Consequential, Transitional and Saving Provisions) Order 2013 (S.I. 2013/235), art. 1(2), Sch. 2 para. 57(b)(ii)

[^key-ae8dc8f0176f5cc76ccf023e61147e1b]: Word in reg. 5(4)(a) substituted (6.4.2016) by The Enterprise and Regulatory Reform Act 2013 (Consequential Amendments) (Bankruptcy) and the Small Business, Enterprise and Employment Act 2015 (Consequential Amendments) Regulations 2016 (S.I. 2016/481), reg. 1, Sch. 2 para. 13

[^key-79b954f5a51ccc9abd355dc3a4823175]: Words in reg. 10(1) inserted (temp.) (24.4.2020) by virtue of The Adoption and Children (Coronavirus) (Amendment) Regulations 2020 (S.I. 2020/445), regs. 1(2), 3(2) (with Pts. 12, 13)

[^key-e47103261a063c51258df31fb6d7f413]: Words in reg. 20(5) inserted (temp.) (24.4.2020) by virtue of The Adoption and Children (Coronavirus) (Amendment) Regulations 2020 (S.I. 2020/445), regs. 1(2), 3(3) (with Pts. 12, 13)

[^key-39024930afe69543b22fa8665fea0a9e]: Words in reg. 25(4)(b) inserted (temp. until 25.9.2020) (24.4.2020) by virtue of The Adoption and Children (Coronavirus) (Amendment) Regulations 2020 (S.I. 2020/445), regs. 1(2), 3(4)(b) (with Pts. 12, 13)

[^key-a66b0486e1d1b04d83d832243544322a]: Words in reg. 25(3) inserted (temp. until 25.9.2020) (24.4.2020) by virtue of The Adoption and Children (Coronavirus) (Amendment) Regulations 2020 (S.I. 2020/445), regs. 1(2), 3(4)(a) (with Pts. 12, 13)

[^key-e716e563184d749215f3940949588d57]: Reg. 25(4A)-(4D) inserted (temp. until 1.10.2021) (25.9.2020) by virtue of The Adoption and Children (Coronavirus) (Amendment) (No.2) Regulations 2020 (S.I. 2020/909), regs. 1(3), 2(2) (with reg. 8) (as amended (30.3.2021) by S.I. 2021/261, regs. 1(2), 4)

[^key-6b9785044666f888ce4a4e85832c3e82]: Words in Regulations substituted (1.7.2022) by The Health and Care Act 2022 (Consequential and Related Amendments and Transitional Provisions) Regulations 2022 (S.I. 2022/634), reg. 1(2), Sch. para. 1(1)(3) (with Sch. para. 1(2))

[^key-cbbedfba15dbcae40a652f13aa18c25e]: Words in Regulations substituted (6.11.2023) by The Health and Care Act 2022 (Further Consequential Amendments) (No. 2) Regulations 2023 (S.I. 2023/1071), reg. 1(1), Sch. para. 1

Assessments

13A

• (1) The registered person must ensure that the parents’ capacity to respond to the children’s needs and to safeguard their welfare is monitored or assessed by a suitably qualified person in accordance with the requirements of this regulation.

• (2) All assessment or monitoring of parents’ capacity to respond to the children’s needs and to safeguard their welfare must be carried out in accordance with appropriate and generally recognised methods for such assessment and, in particular, having due regard to guidance issued by the Secretary of State relating to the assessment of children in need and their parents under section 7(1) of the Local Authority Social Services Act 1970.

• (3) The methods of assessment or monitoring must be capable of evaluating the parents’ capacity to change.

• (4) The registered person must ensure that conclusions or recommendations are made as a result of the assessment or monitoring and that—

• (a) such conclusions or recommendations are objective and based on verifiable evidence; and

• (b) the evidence on which they are based is capable of being presented in a manner that is clear, accessible and appropriate to the persons who will need to consider them.

Facilities and services

Staffing of residential family centre

Fitness of workers

Employment of staff

Staff views as to conduct of residential family centre

Records

Complaints

Use of surveillance

21A

• (1) Subject to paragraph (6) and any requirements for electronic monitoring imposed by a court under any enactment, the registered person must ensure that electronic or mechanical monitoring devices for the surveillance of residents are not used in a residential family centre, except for the purpose of—

• (a) safeguarding their welfare, or that of other residents accommodated in the centre; or

• (b) assessment or monitoring carried out under regulation 13A.

• (2) The registered person must ensure that any use of such devices is subject to the following conditions:

• (a) the residents are informed in advance of the intention to use the device; and

• (b) its use is no more intrusive than necessary.

• (3) Where the use of such devices is used for the purpose at paragraph (1)(b), the registered person must also ensure that—

• (a) the resident being assessed or monitored consents to the use of the device in question; and

• (b) its use is provided for in the placement plan.

• (4) The registered person must ensure that staff at the residential family centre are appropriately trained and understand the requirements imposed by this regulation before they use any such devices.

• (5) Paragraphs (1)(c) and (d), and (2) of regulation 19 apply to any information or material obtained by means described in paragraph (1) as they do to any other record under that regulation.

• (6) This regulation does not apply to monitoring devices commonly used by parents to monitor their children’s safety.

Fire precautions

19

A description of any electronic or mechanical devices for the surveillance of residents which may be used in the centre.

13A

A copy of any relevant information, conclusion or recommendation resulting from the assessment or monitoring carried out under regulation 13A.