Her Majesty's Chief Inspector of Education, Children's Services and Skills (Fees and Frequency of Inspections) (Children's Homes etc.) (Amendment) Regulations 2017

Publication Date:January 01, 2017
 
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2017No. 245

CHILDREN AND YOUNG PERSONS, ENGLAND

Her Majesty's Chief Inspector of Education, Children's Services and Skills (Fees and Frequency of Inspections) (Children's Homes etc.) (Amendment) Regulations 2017

Made2ndMarch2017

Laid before Parliament3rdMarch2017

Coming into force1stApril2017

The Secretary of State for Education makes the following Regulations in exercise of the powers conferred by sections 87D(2) and 104(4)(a) of the Children Act 1989( 1), sections 12(2), 15(3), 16(3) and 118(5), (6) and (7) of the Care Standards Act 2000( 2) and sections 155(1) and (2) and 181(2)(a) and (b) of the Education and Inspections Act 2006( 3).

Citation, commencement and interpretation

1.—(1) 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.) (Amendment) Regulations 2017 and come into force on 1st April 2017.

(2) In these Regulations, ‘the principal 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( 4).

Substitution of fees payable under the principal Regulations

2.—(1) In each provision of the principal Regulations specified in column 1 of the table, for the amount specified in column 2 substitute the amount specified in column 3.

(2) ‘The table’ means the table in the Schedule to these Regulations.

Amendment to size classification of children's homes

3. In regulation 23 (children's homes) —

(a) in paragraph (1)(b) for ‘33’ substitute ‘31’;

(b) in paragraph (1)(b)(ii) for ‘33rd’ substitute ‘31st’; and

(c) in paragraph (1)(c) for ‘33’ substitute ‘31’.

Frequency of inspections

4. (1) In regulation 27 (frequency of inspections) —

(a) in paragraph (1)(a), for ‘(2) and (3)’ substitute ‘(2), (3), (3A) and (3B)’;

(b) after paragraph (3) insert —

‘(3A) Where in any year an inspection in that year results in a report prepared under section 32(5) of the Care Standards Act 2000( 5):

(a) which records a judgement that the overall experiences and progress of children and young people living in a children's home are good or outstanding; and

(b) there has been no subsequent inspection in that year resulting in a report prepared under that Act which records a judgement that the overall experiences and progress of the children and young people are less than good,

the Chief Inspector must arrange for that home to be inspected at least once in the year following inspection.

(3B) Subsection (3A) does not apply to accommodation in a children's home approved by the Secretary of State under regulation 3 of the Children (Secure Accommodation) Regulations 1991( 6).’.

2nd March 2017

Edward Timpson

Minister of State

Department for Education

SCHEDULE

Regulation 2

SUBSTITUTION OF FEES PAYABLE UNDER THE PRINCIPAL REGULATIONS

Provision of the principal Regulations (1)

Old fee (2)

New fee (3)

Regulation 4 (registration fees: voluntary adoption agencies)

paragraph (1)(a)

£1837

£2021

paragraph (1)(b)(i)

£1837

£2021

paragraph (1)(b)(ii)

£501

£551

paragraph (2)(a)

£501

£551

paragraph (2)(b)(i)

£1837

£2021

paragraph (2)(b)(ii)

£501

£551

Regulation 5 (registration fees: adoption support agencies)

paragraph (1)

£1837

£2021

paragraph (2)

£501

£551

paragraph (3)

£501

£551

Regulation 6 (registration fees: children's homes)

paragraph (2)

£722

£794

paragraph (3)

£722

£794

Regulation 7 (registration fees: residential family centres)

paragraph (1)

£2204

£2424

paragraph (2)

£602

£662

paragraph (3)

£602

£662

Regulation 8 (registration fees: fostering agencies)

paragraph (2)

£722

£794

Regulation 12 (variation fees: voluntary adoption agencies)

paragraph (1)(b)

£501

£551

paragraph (2)(b)

£501

£551

paragraph (3)

£84

£92

Regulation 13 (variation fees: adoption support agencies)

paragraph (2)

£501

£551

paragraph (3)

£84

£92

Regulation 14 (variation fees: children's homes)

paragraph (2)

£722

£794

paragraph (3)

£120

£132

Regulation 15 (variation fees: residential family centres)

paragraph (2)

£602

£662

paragraph (3)

£100

£110

Regulation 16 (variation fees: fostering agencies)

paragraph (2)

£120

£132

Regulation 19 (annual fees: boarding schools, residential colleges and residential special schools)

paragraph (2)(a)

£842

£926

paragraph (2)(b)(i)

£842

£926

paragraph (2)(b)(ii)

£51

£56

paragraph (2)(c)

£1290

£1419

paragraph (3)(a)

£1549

£1704

paragraph (3)(b)(i)

£1549

£1704

paragraph (3)(b)(ii)

£154

£169

paragraph (3)(c)

£3859

£4245

Regulation 20 (annual fees: voluntary adoption agencies)

paragraph (1)(a)

£1268

£1395

paragraph (1)(b)(i)

£1268

£1395

paragraph (1)(b)(ii)

£673

£740

paragraph (2)(a)

£673

£740

paragraph (2)(b)(i)

£1268

£1395

paragraph (2)(b)(ii)

£673

£740

Regulation 21 (annual fees: adoption support agencies)

paragraph (1)

£1273

£1400

paragraph (2)

£673

£740

Regulation 22 (annual fees: fostering agencies)

paragraph (1)

£2126

£2339

Regulation 23 (annual fees: children's homes)

paragraph (1)(a)

£1937

£2131

paragraph (1)(b)(i)

£1937

£2131

paragraph (1)(b)(ii)

£194

£213

paragraph (1)(c)

£7526

£8279

Regulation 24 (annual fees: residential family centres)

paragraph (1)(a)

£1290

£1419

paragraph (1)(b)

£1452

£1597

paragraph (1)(c)

£1515

£1667

Regulation 25 (annual fees: holiday schemes for disabled children)

Paragraph (1)

£2259

£500

Regulation 26 (annual fees: local authority adoption and fostering functions)

paragraph (1)(a)

£1547

£1702

paragraph (1)(b)

£2417

£2659

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations apply to England only.

Regulation 2 and the Schedule increase certain fees payable under Parts 2, 3 and 4 of the Her Majesty's Chief Inspector of Education, Children's Services and Skills (Fees and Frequency of Inspections) (Children's Homes etc.) Regulations 2015 ( S.I. 2015/551).

In particular, they increase the fees that are payable to the Chief Inspector in respect of—

• registration of voluntary adoption agencies, adoption support agencies, children's homes, residential family centres and fostering agencies;

• variation of registration of those establishments and agencies.

They also increase the annual fees payable by the above establishments and agencies as well as those payable by boarding schools, residential colleges, residential special schools and in respect of local authority adoption and fostering functions.

Regulation 4 reduces the frequency at which children's homes, other than secure children's homes, judged good or outstanding by the Chief Inspector must be inspected, from at least twice a year to at least once per year.

An Impact Assessment has not been produced for this instrument as it has minimal impact on business or civil society organisations. The instrument has minimal impact on the public sector.

(1) 1989 c. 41. Section 87D was inserted by section 108 of the Care Standards Act 2000 (c. 14). See section 87(10) for the definition of ‘appropriate authority’ and section 87(11) and (12) for the definition of ‘relevant person’.

(2) 2000 c. 14. Section 12(2) was amended by section 105(3) of the Health and Social Care (Community Health and Standards) Act 2003 (c. 43)(‘the 2003 Act’) and by paragraph 11 of Schedule 5 to the Health and Social Care Act 2008 (c. 14)(‘the 2008 Act’). Section 15(3) was amended by paragraph 14(b) of Schedule 5 to the 2008 Act. Section 16(3) was substituted by section 105(6) of the 2003 Act and amended by paragraph 15 of Schedule 5 to the 2008 Act. Sections 12(2), 15(3) and 16(3) were applied to a person who carries on or manages a holiday scheme for disabled children by regulation 2(1), (2)(b), (d), (e) and (j) of the Care Standards 2000 (Extension of the Application of Part 2 to Holiday Schemes for Disabled Children) (England) Regulations 2013 ( S.I. 2013/253), with the modifications specified in paragraphs 2 and 6 of the Schedule to those Regulations. See section 121 for the meanings of ‘prescribed and ‘regulations’.

(c) 2006 c. 40. See sections 147(3) and 155(12) for the definition of ‘relevant functions’ in relation to a local authority. Section 181(2) was amended by section 23(3)(b) of the Learner Travel (Wales) Measure 2008 ( 2008 nawm 2).

(d) S.I. 2015/551, amended by S.Is 2015/971and 2016/322.

(5) 2000 c. 14. There have been modifications to section 32, which are not relevant to these Regulations.

(6) S.I. 1991/1505. There have been amendments to S.I 1991/1505which are not relevant to these Regulations.

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