|
| |
|
(4) | After that sub-paragraph insert— |
| |
“(2) | The duty imposed by sub-paragraph (1)(c) shall be performed in |
| |
accordance with regulations made by the appropriate national |
| |
| |
Enforcement of care standards |
| 5 |
26 | Power of Chief Inspector where person is failing to comply with requirement |
| |
relating to children’s home etc. |
| |
(1) | In section 14(1) of the 2000 Act (cancellation of registration) after paragraph (c) |
| |
| |
“(ca) | on the ground that— |
| 10 |
(i) | a notice under section 22A relating to the establishment |
| |
or agency has been served on that person or any other |
| |
| |
(ii) | the person on whom the notice was served has failed to |
| |
take the steps specified in that notice within the period |
| 15 |
| |
(2) | After section 22 of that Act insert— |
| |
“22A | Power of CIECSS to serve notice where person is failing to comply |
| |
| |
(1) | This section applies if— |
| 20 |
(a) | a person (“P”) is registered in respect of a relevant |
| |
establishment or agency; and |
| |
(b) | the CIECSS is of the opinion that P is failing or has failed to |
| |
comply with a requirement imposed on P in relation to that |
| |
| 25 |
(2) | The CIECSS may serve a compliance notice on P. |
| |
(3) | A compliance notice is a notice which— |
| |
(a) | states that the CIECSS is of the opinion mentioned in subsection |
| |
| |
(b) | specifies the requirement with which the CIECSS considers P is |
| 30 |
failing or has failed to comply; |
| |
(c) | specifies how the CIECSS considers that P is failing or has failed |
| |
to comply with that requirement; |
| |
(d) | specifies the establishment or agency in relation to which the |
| |
CIECSS considers P is failing or has failed to comply with that |
| 35 |
| |
(e) | specifies the steps the CIECSS considers need to be taken by P |
| |
in relation to that establishment or agency to comply with that |
| |
requirement or (as the case may be) to prevent a recurrence of |
| |
the failure to comply with that requirement; |
| 40 |
(f) | specifies a period for the taking of those steps; and |
| |
(g) | explains the effect of subsections (4) and (5). |
| |
(4) | Failing to take the steps specified in a compliance notice within the |
| |
period so specified is an offence. |
| |
|
| |
|
| |
|
(5) | A person guilty of an offence under subsection (4) is liable on summary |
| |
conviction to a fine not exceeding level 5 on the standard scale. |
| |
| |
(a) | a “relevant establishment or agency” means an establishment or |
| |
agency in relation to which the functions of the registration |
| 5 |
authority under section 13 are exercisable by the CIECSS; |
| |
(b) | references to a “requirement” are references to a requirement |
| |
imposed by regulations under— |
| |
| |
(ii) | section 9 of the Adoption Act 1976; or |
| 10 |
(iii) | section 9 of the Adoption and Children Act 2002.” |
| |
27 | Notice restricting accommodation at certain establishments |
| |
After section 22A of the 2000 Act (which is inserted by section 26) insert— |
| |
“22B | Notice restricting accommodation at certain establishments |
| |
(1) | The registration authority may serve a notice on a person who is |
| 15 |
registered in respect of an establishment to which this section applies |
| |
imposing on that person the requirement in subsection (2) in relation to |
| |
| |
(2) | The requirement is to ensure that no child is accommodated at the |
| |
establishment unless the child— |
| 20 |
(a) | was accommodated there when the notice was served; and |
| |
(b) | has continued to be accommodated there since the notice was |
| |
| |
(3) | A notice under subsection (1) must— |
| |
(a) | explain the requirement imposed by the notice; |
| 25 |
(b) | specify the establishment in relation to which that requirement |
| |
| |
(c) | give the registration authority’s reasons for serving the notice; |
| |
(d) | explain the right of appeal conferred by section 21. |
| |
(4) | A notice under subsection (1) ceases to have effect— |
| 30 |
(a) | at such time as may be specified in the notice; |
| |
(b) | if the registration authority serves a notice to that effect on the |
| |
person on whom the notice under subsection (1) was served; |
| |
(c) | if the Tribunal so directs under section 21(4A) or (4B). |
| |
(5) | Subsection (6) applies if— |
| 35 |
(a) | the registration authority serves a notice on a person under |
| |
subsection (1) or (4)(b); and |
| |
(b) | one or more other persons are registered in respect of the |
| |
establishment to which the notice relates. |
| |
(6) | The registration authority must as soon as practicable serve a notice in |
| 40 |
the same terms under subsection (1) or (as the case may be) (4)(b) on the |
| |
persons mentioned in subsection (5)(b). |
| |
|
| |
|
| |
|
(7) | The reference in subsection (5) to serving a notice on a person does not |
| |
include a reference to serving a notice on a person in pursuance of |
| |
| |
(8) | This section applies to the following establishments— |
| |
| 5 |
(b) | a residential family centre.” |
| |
28 | Appeals etc. in relation to notices under section 22B of the 2000 Act |
| |
(1) | Section 21 of the 2000 Act (appeals to the Tribunal) is amended in accordance |
| |
with subsections (2) to (5). |
| |
(2) | In subsection (1), after paragraph (b) insert “; or |
| 10 |
(c) | a notice served under section 22B(1)”. |
| |
(3) | After subsection (2) insert— |
| |
“(2A) | No appeal against a notice under section 22B(1) may be brought by a |
| |
person more than 28 days after the notice was served on him.” |
| |
(4) | After subsection (4) insert— |
| 15 |
“(4A) | On an appeal against a notice served under section 22B(1) the Tribunal |
| |
may confirm the notice or direct that it shall cease to have effect. |
| |
(4B) | If the Tribunal directs that a notice (“the first notice”) under section |
| |
22B(1) shall cease to have effect it must direct that any other notice |
| |
under that section which is connected to the first notice shall also cease |
| 20 |
| |
(4C) | For the purposes of subsection (4B), notices are connected if they |
| |
impose the requirement mentioned in section 22B(2) in relation to the |
| |
| |
(5) | In subsection (5) omit “against a decision or order”. |
| 25 |
(6) | In section 23(4) of that Act (occasions on which national minimum standards |
| |
are to be taken into account)— |
| |
(a) | after paragraph (b) insert— |
| |
“(ba) | by the registration authority in considering whether to |
| |
serve a notice under section 22B;”; and |
| 30 |
(b) | in paragraph (c) for “against such a decision or order” substitute “under |
| |
| |
29 | Notification of matters relating to persons carrying on or managing children’s |
| |
| |
Before section 31 of the 2000 Act, but after the cross-heading which precedes |
| 35 |
| |
“30A | Notification of matters relating to persons carrying on or managing |
| |
certain establishments or agencies |
| |
(1) | This section applies where a person (“P”) is carrying on or managing an |
| |
establishment or agency mentioned in subsection (6). |
| 40 |
(2) | If the registration authority— |
| |
|
| |
|
| |
|
(a) | has decided to adopt a proposal under section 17(4)(a) to cancel |
| |
the registration of P in respect of the establishment or agency, |
| |
(b) | has brought proceedings against P for a relevant offence which |
| |
it alleges P committed in relation to the establishment or |
| |
| 5 |
(c) | has served a notice on P under section 22B, |
| |
| it must as soon as practicable notify each local authority in England and |
| |
| |
(3) | If the registration authority becomes aware of any prescribed |
| |
circumstances which relate to P it must as soon as practicable notify |
| 10 |
each local authority in England and Wales of those circumstances. |
| |
(4) | A notification under this section must contain such information as may |
| |
| |
(5) | A notification under this section may be transmitted to a local authority |
| |
| 15 |
(a) | the local authority has agreed that notifications may be given to |
| |
them by being transmitted to an electronic address and in an |
| |
electronic form specified in the agreement; and |
| |
(b) | the notification is a notification to which that agreement |
| |
| 20 |
(6) | The establishments and agencies are— |
| |
| |
(b) | a residential family centre; |
| |
| |
(d) | a voluntary adoption agency; |
| 25 |
(e) | an adoption support agency; |
| |
(f) | a provider of social work services. |
| |
| |
“electronic address” includes any number or address used for the |
| |
purposes of receiving electronic communications; |
| 30 |
“electronic communication” means an electronic communication |
| |
within the meaning of the Electronic Communications Act 2000 |
| |
the processing of which on receipt is intended to produce |
| |
| |
“electronically” means in the form of an electronic |
| 35 |
| |
“relevant offence” means an offence under— |
| |
| |
(b) | regulations under this Part; |
| |
(c) | section 9(4) of the Adoption Act 1976; |
| 40 |
(d) | regulations under section 9 of the Adoption and |
| |
| |
“prescribed” means prescribed by regulations made— |
| |
(a) | in relation to England, by the Secretary of State; |
| |
(b) | in relation to Wales, by the Welsh Ministers.” |
| 45 |
|
| |
|