Citation, commencement and extent

1. —(1) These Regulations may be cited as Her Majesty’s Chief Inspector of Education, Children’s Services and Skills (Fees and Frequency of Inspections) (Children’s Homes etc.) (Amendment) Regulations 2022 and come into force on 1st April 2022.

(2) These Regulations extend to England and Wales.

Interpretation

2. In these Regulations, “ the principal Regulations ” means Her Majesty’s Chief Inspector of Education, Children’s Services and Skills (Fees and Frequency of Inspections) (Children’s Homes etc.) Regulations 2015( 3 ).

Amendment of Her Majesty’s Chief Inspector of Education, Children’s Services and Skills (Fees and Frequency of Inspections) (Children’s Homes etc.) Regulations 2015

3. The principal Regulations are amended in accordance with regulations 4 to 10.

Amendment to Regulation 2 (interpretation)

4. In regulation 2 (interpretation)—

(a) in the appropriate place insert—

“ “ multi-building children’s home” means a children’s home where the care and accommodation is provided in more than one building; ” ; and

“ “ secure children’s home” means 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 ( 4 ) ; ” , and

(b) in the definition of “small children’s home”, after “means a children’s home” insert “, other than a multi-building children’s home,” .

Amendment to Regulation 6 (children’s homes)

5. In regulation 6 (children’s homes)—

(a) for paragraph (1), substitute—

“ (1) Subject to paragraph (4), where the application is for registration as the person who carries on a multi-building children’s home or a children’s home that is not a small children’s home, the fee is £2911. ” ; and

(b) for paragraph (3), substitute—

“ (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. ” .

Amendment to Regulation 14 (children’s homes)

6. In regulation 14 (children’s homes)—

(a) for paragraph (1), substitute—

“ (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. ” ; and

(b) after paragraph (3), insert—

“ (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. ” .

Amendment to Regulation 19 (boarding schools, residential colleges and residential special schools)

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

(a) in paragraph (2)(b) for “11” substitute “10” ;

(b) in paragraph (2)(b)(ii) for “11th” substitute “10th” ; and

(c) in paragraph (2)(c) for “11” substitute “10” .

Amendment to Regulation 23 (children’s homes)

8. In regulation 23 (children’s homes)—

(a) in paragraph (1) for “The annual fee” substitute “Subject to paragraphs (1A) and (1B), the annual fee” ;

(b) in paragraph (1)(b) for “29” substitute “26” ;

(c) in paragraph (1)(b)(ii) for “29th” substitute “26th” ;

(d) in paragraph (1)(c) for “29” substitute “26” ; and

(e) after paragraph (1) insert—

“ (1A) The annual fee payable in respect of a multi-building children’s home is—

(a) where there are 3 or fewer approved places, £4254;

(b) where there are between 4 and 6 approved places,

(i) £4254, plus

(ii) £283 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. ” .

Amendment to Regulation 27 (frequency of inspections)

9. In regulation 27 (frequency of inspections)—

(a) in paragraph (1)(b), after “to be inspected”, insert “, subject to paragraph (1A),” ; and

(b) for paragraph (1A) substitute —

“ (1A) The Chief Inspector must comply with paragraph (1)(b) subject to the following—

(a) where an inspection under paragraph (1)(b) was due to be carried out before 1st April 2021 but was not carried out, an inspection must take place before 1st April 2023 and thereafter at least once in every three year period;

(b) where an inspection under paragraph (1)(b) was due to be carried out before 1st April 2022 but was not carried out, an inspection must take place before 1st April 2024 and thereafter at least once in every three year period; or

(c) where an inspection under paragraph (1)(b) was due to be carried out before 1st April 2023 but was not carried out before that date, an inspection must take place before 1st April 2025 and thereafter at least once in every three year period. ” .

Substitution of other fees payable under the principal Regulations

10. In each provision of the principal Regulations specified in column 1 of the table in the Schedule to these Regulations, for the amount specified in column 2 (Old fee) substitute the amount specified in column 3 (New fee).

Regulation 10

SCHEDULE Substitution of other fees payable under the principal Regulations