Citation and commencement

1. These Regulations may be cited as the Residential Family Centres (Amendment) Regulations 2013 and come into force on 1st April 2013.

Amendment to the Residential Family Centres Regulations 2002

2.The Residential Family Centres Regulations 2002( 2 ) are amended as follows.

Substitution of “general medical practitioner” for “general practitioner”

3. —(1) In regulation 2 (interpretation) for the definition of “general practitioner”( 3 ) substitute the following definition—

“ “general medical practitioner” means a medical practitioner whose name is included in the General Practitioner Register kept by the General Medical Council under section 34C of the Medical Act 1983 ( 4 ) ; ” .

(2) In paragraph 5 of Schedule 3 for “general practitioner” substitute “general medical practitioner”.

(3) In paragraph 2(e) of Schedule 4 omit “general practitioner and”.

(4) After paragraph 2(e) insert—

“ (ea) The name of the general medical practitioner with whom any member of the family is registered and the address of the premises at which the primary medical services are usually provided. ” .

Amendment to regulation 3

4. At the end of regulation 3(b) (excepted establishments) after “refuge”—

(a) delete “or”; and

(b) insert—

“ (ba) the main purpose of the establishment is to provide accommodation together with other services or facilities for families, and the fact that the parents’ capacity to respond to their children’s needs and to safeguard their welfare is monitored or assessed, is incidental to the main purpose of the establishment; or ” .

Amendment to regulation 4

5. In regulation 4 (statement of purpose and resident’s guide) for paragraph (3)( 5 ) substitute—

“ (3) The registered person shall produce a written guide to the residential family centre (“the resident’s guide”) which shall include:

(a) a summary of the statement of purpose;

(b) a summary of the complaints procedure established under regulation 20;

(c) the address and telephone number of the Chief Inspector; and

(d) the address and telephone number of the Children’s Rights Director ( 6 ) .

(3A) The registered person shall supply a copy of the resident’s guide to:

(a) the Chief Inspector;

(b) each parent accommodated in the residential family centre; and

(c) each person in respect of whom accommodation in the centre is being considered. ” .

Amendment to regulation 10

6. In regulation 10 (health and welfare of residents) in paragraph (1)(a) after “health” insert “(including physical, mental and emotional health)”.

Amendment to regulation 13

7. In regulation 13 (placements) after paragraph (1)(b) insert—

“ (c) an assessment of the risks, if any, which a resident at the residential family centre may present to their own health, safety and welfare or that of other residents or staff at the centre. ” .

Assessment

8. After regulation 13 (placements) insert—

“ 13A. Assessments

(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 ( 7 ) and their parents under section 7(1) of the Local Authority Social Services Act 1970 ( 8 ) .

(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. ” .

Amendment to regulation 14

9. In regulation 14 (facilities and services)—

(a) omit paragraph 2(b) to (f);

(b) after paragraph (2)(i) insert—

“ (j) The registered person shall provide suitable washing, cleaning, kitchen and laundry facilities for use by residents accommodated in the home.

(k) The registered person shall ensure the residential family centre is suitably furnished with adequate living, storage and communal space to—

(i) meet the needs of the residents; and

(ii) achieve the aims and objectives set out in the statement of purpose. ” .

Amendment to regulation 19

10. In regulation 19 (records) after paragraph (4) insert—

“ (5) The records mentioned in paragraphs (1) and (3) may be kept in electronic form, provided the information so recorded is capable of being reproduced in a legible form. ” .

Amendment to regulation 20

11. At the end of regulation 20( 9 ) (complaints) insert—

“ (8) The procedure mentioned in paragraph (1) and any written record made under paragraph (6) may be kept in electronic form, provided the information so recorded is capable of being reproduced in a legible form. ” .

Amendment to regulation 21

12. In regulation 21 (fitness of premises) omit paragraph (2)(k).

Use of surveillance

13. After regulation 21 (fitness of premises) insert—

“ 21A. Use of surveillance

(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. ” .

Amendment to regulation 22

14. In regulation 22 (fire precautions) omit paragraph (1)(c)( 10 ).

Amendment to regulation 23

15. In regulation 23 (review of quality of care) after paragraph (1) insert—

“ (1A) The system referred to in paragraph (1) must provide for adequate consideration of matters raised under regulation 18 by persons working at the residential family centre. ” .

Amendment to regulation 25

16. In regulation 25 (visits by registered provider) omit the words “, its daily log of events” in paragraph (4)(b).

Amendment to regulation 31

17. Omit regulation 31( 11 ) (offences).

Amendment to Schedule 1

18. In Schedule 1 (information to be included in the statement of purpose)—

(a) for paragraph 2 substitute—

“ 2. A statement of the services, including details of the types of assessment, monitoring or therapeutic techniques to be used in the centre and of the arrangements for their supervision. ” ;

(b) omit paragraph 10;

(c) after paragraph 18 insert—

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

Amendment to Schedule 3

19. In Schedule 3 (information to be included in case records) after paragraph 13 insert—

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

Amendment to Schedule 4

20. In Schedule 4 (other records with respect to residential family centres) omit paragraph 6.