Regulation of Care
(Standards and Requirements) (Jersey) Regulations 2018
THE STATES, in pursuance of Articles 9(1),
10, 11, 14, 16 and 30(3) of the Regulation of Care (Jersey) Law 2014, and after having consulted the Health and
Social Care Commission and in accordance with Article 14(9), have made the
following Regulations –
Commencement [see endnotes]
part 1
introductory
1 Interpretation
(1) In these
Regulations –
“Adoption Panel” and “Panel” means the
Adoption Panel established under Article 7 of the Adoption Law;
“barred list” means the
children’s barred list or the adults’ barred list maintained under
section 2 of the Safeguarding Vulnerable Groups Act 2006 (of
Parliament) or any corresponding list maintained under
an equivalent enactment in another jurisdiction;
“compulsory school age” is
construed in accordance with Article 2 of the Education (Jersey) Law 1999;
“disability” includes –
(a) a disability described in paragraph 8
(disability) of Schedule 1 (protected characteristics) to the
Discrimination Law; and
(b) a “learning disability” or
“mental disorder” as defined in the Mental Health Law;
“Discrimination Law” means the Discrimination (Jersey) Law 2013;
“independent person” means a
person appointed as such under Regulation 31(1);
“Law” means the Regulation of Care (Jersey) Law 2014;
“personal plan” has the meaning
assigned by Regulation 9(1);
“protected characteristics” is
construed in accordance with Schedule 1 to the Discrimination Law;
“published standards” means the
standards for compliance with requirements imposed under these Regulations
published in accordance with Article 15 of the Law;
“relevant enactment” means an
enactment in relation to children or young people;
“representative” means, in relation to a service user –
(a) where
the service user is aged 16 or over, any person nominated by the service
user; or
(b) where
the service user is aged 16 or over but lacks capacity within the meaning
of Article 4 of the Capacity and Self-Determination (Jersey)
Law 2016, a person mentioned in Article 6(4) of that Law;
(c) where
the service user is under the age of 16, a person who has parental
responsibility (within the meaning of the Children (Jersey) Law 2002) for the service user;
“service user” means any
individual who receives or otherwise uses services provided in the carrying on
of a regulated activity;
“Statement of Purpose” means the document referred to in
Regulation 3(1)(c).[1]
(2) Words and phrases defined
in any part of Schedule 1 to the Law have the same respective meanings
when used in these Regulations.[2]
Part 2
registration
2 Fitness
criteria
(1) A person is a fit
person to be registered as the provider of, or a manager in relation to, a
regulated activity if the person is –
(a) of
good character;
(b) has
the qualifications, skill, knowledge or experience necessary for providing or
managing the regulated activity as the case may be;
and
(c) is
not taken to be unfit for such registration under paragraph (2) or, in the
case of a person applying to be registered as a manager, paragraph (3).
(2) A person is taken to be
unfit to be registered as the provider of, or a manager in relation to, a
regulated activity if the person –
(a) has
been sentenced to a term of imprisonment (whether immediate or suspended and
wherever imposed, provided that it was imposed for
conduct that would be an offence in any part of the British Islands), without
the option of paying a fine, for an offence that, in the reasonable opinion of
the Commission, makes the person unsuitable to be so registered;
(b) is
named on a barred list;
(c) has
ever been declared bankrupt in Jersey or elsewhere; or
(d) is
disqualified for holding office as a company director in Jersey or elsewhere.
(3) A person is taken to be
unfit to be registered as a manager in relation to, a regulated activity if the
person –
(a) is
required by his or her terms of service as a manager to be registered with a
professional body and does not hold that registration; or
(b) is
not physically and mentally fit to manage the regulated activity.
(4) In the case of a person
that is a body corporate, the requirements of this Regulation apply in the case
of every director, board member, trustee or other similar office holder of that
body and a reference to “person” in this Regulation is a reference
to each such person.
3 Conditions
of registration: general
(1) The Commission must
impose the following conditions upon the registration of a
provider –
(a) to
have an address in Jersey;
(b) to
supply the address of each location at which it provides a regulated activity;
(c) to
submit a Statement of Purpose, namely a document that includes a description of
services, including where and to whom they are provided, along with the
provider’s aims and objectives, ethos and intended outcomes
to –
(i) an
inspector appointed by the Commission,
(ii) any
person working in the service,
(iii) any service
user and his or her representatives, and
(iv) any
person involved in arranging care for a service user;
(d) to
provide care only to a stipulated category or categories of service user;
(e) where
the regulated activity is a care home service, to provide care only to a
stipulated maximum number of service users at any one time –
(i) in
terms of who may be accommodated in the home, and
(ii) where
both nursing care and personal care or personal support are provided, in terms
of who may be provided with nursing care and personal care or personal support;
(f) where
the regulated activity is a care home service, children’s home service or
residential family centre service, to provide care only –
(i) to
a stipulated maximum number, or
(ii) to
a stipulated category or categories,
of service user at any one time who may be accommodated in particular rooms (which may vary depending on the type of
care provided);
(g) where
the regulated activity is a home care service, to provide care only up to a
stipulated maximum number of hours, and where both nursing care and social care
are provided, to provide care only up to a stipulated maximum number of hours
relating to each type of care that may be provided;
(h) where
the regulated activity is an adult day care service, a child contact centre
service or care service in a special school, to provide care only to a
stipulated maximum number of service users at any one time –
(i) in
terms of who may be accommodated on the premises at any one time, and
(ii) where
both nursing care and social care are provided, in terms of for whom each type
of care is provided;
(i) in
relation to any regulated activity, to provide care only to service users of a
stipulated age parameter;
(j) to
conduct the regulated activity in accordance with the Statement of Purpose.[3]
(1A) The Commission must impose the
conditions set out in paragraph (1B) upon the registration of a provider
of any of the following regulated activities where those activities are not
provided by any Minister –
(a) a
social work service for children and young people;
(b) an
independent monitoring and review service in respect of looked after
children’s cases; and
(c) a
children and young people’s mental health service.[4]
(1B) The conditions referred to in
paragraph (1A) are –
(a) to provide
care to a stipulated maximum number of service users; or
(b) to
provide care to a stipulated category or categories of service users.[5]
(2) It is a further
condition of registration as a manager that the manager demonstrate to the
satisfaction of the Commission that he or she has undertaken such training and
continuing professional development so as to ensure
that he or she maintains the experience and skills necessary to manage the
regulated activity.
(3) A registered person
must pay the annual fee required by Article 9 of the Law by 31st January
each year.
3A [6]
4 Conditions
of registration: regulated activities at one or more premises
(1) If the Commission has
not given permission under Article 4(4) for a person to be the registered
provider of a regulated activity carried out at more than one premises, the
Commission must impose a condition of registration that the provider must
ensure that no registered manager is the registered manager for more than one
premises.
(2) An individual who is a
registered provider in relation to a regulated activity may also be the
registered manager in relation to the carrying on of that activity provided
that the regulated activity is carried on at only one premises.
part 3
service requirements
5 Conduct
of regulated activity
(1) A registered person
must ensure that the regulated activity is conducted so as to
make proper provision for service users in respect of their health, safety and
welfare and that the particular needs of each service
user (whether as to education, treatment, supervision or otherwise) are
identified and met.[7]
(2) The registered manager
must lead and manage the regulated activity in a way that is consistent the
Statement of Purpose.
(3) Before making any
decisions about a service user with respect to the matters mentioned in
paragraph (1), a registered person must –
(a) consider
the need to safeguard and promote the welfare of the service user; and
(b) as
far as is practicable ascertain and have regard to the wishes and feelings of
the service user or his or her representative.[8]
(4) A registered person
must ensure that the regulated activity is carried on in such a manner as to
maintain good personal and professional relationships with both workers and service
users.[9]
6 Openness
and transparency
(1) A registered person
must, in relation to care and treatment provided to service users –
(a) act
in an open and transparent way; and
(b) have due regard to service users’ protected
characteristics.[10]
(2) A registered person
must notify a service user or his or her representative of any unintended or
unexpected serious incident affecting the service user’s health or
well-being and provide reasonable support to the service user in relation to
the incident.[11]
7 Respect
and involvement[12]
A registered person must make appropriate and adequate arrangements
to –
(a) ensure
that service users are –
(i) treated
with dignity and respect,
(ii) afforded
privacy, and
(iii) enabled
and supported to be as independent and autonomous as practicable having regard
to their age, disability (if any) and capacity;
(b) enable
service users to make or participate in making decisions about their support,
care or treatment which includes enabling and supporting those service users
and, if applicable, their representatives –
(i) to
understand the care or treatment choices available to the service user, and
(ii) to
discuss, with a competent health care professional or other competent person,
the balance of risks and benefits involved in any course of treatment;
(c) enable
service users to manage their own care or treatment where this is appropriate;
and
(d) enable
the making of reasonable adjustments to facilitate the delivery of service users’
care or treatment.
8 Person-centred
care[13]
(1) A
registered person must ensure that the care and treatment of service users –
(a) is appropriate;
(b) meet service users’ needs; and
(c) reflect service users’ preferences.
(2) Paragraph (1)
does not apply to the extent that the provision of care or treatment would
result in a breach of Regulation 9A.
(3) The
things which a registered person must do to comply with paragraph (1) include –
(a) carrying out, collaboratively with the service user and, if applicable, the service
user’s representative, an assessment of the needs and preferences for
care and treatment of the service user;
(b) planning and delivering care or treatment
with a view to achieving the service user’s preferences and ensuring the
service user’s needs are met, including any educational or training needs;
(c) involving the service user and, if
applicable, the service user’s representative in decisions relating to
the way in which the regulated activity is carried on in so far as it relates
to the service user’s care or treatment;
(d) making
reasonable adjustments to enable the service user to receive care or treatment;
and
(e) having
due regard to good practice and in particular any
guidance issued by an appropriate professional body.
(4) A
registered person must ensure that service users are protected against the
risks of receiving inappropriate or unsafe care or treatment by –
(a) keeping
under regular review service users’ care, welfare, treatment, and health needs;
(b) having
due regard to, and taking account of, any changes in service users’
needs; and
(c) only
providing care to service users if the care that the registered person is able to provide under the terms of the registered
person’s registration is suitable for the service user’s needs and
circumstances.
(5) A
registered person must –
(a) where
service users are in receipt of care home services or children’s home
services –
(i) have
in place arrangements for service users to receive any necessary health care
and personal care, including access to general medical or dental services when
so required, and
(ii) refer
the service user to another person or agency to meet those needs where so
required; and
(b) have
in place procedures to deal with emergencies and mitigate the risks to service
users arising from those emergencies.
9 Personal
plans and care records[14]
(1) A registered person must, in consultation with the service user or,
if applicable, the service user’s representative, prepare a written plan,
known as the “personal plan”, setting out how the service user’s
health, safety and welfare needs are to be met.
(2) A registered person
must, when preparing the personal plan, have due regard to the service
user’s age, disability (if any) and capacity.
(3) The registered person
must –
(a) give
the service user access to the service user’s personal plan;
(b) if
the service user has a representative, give the service user’s
representative access to the personal plan but only if
the registered person considers it appropriate to do so; and
(c) review
and where appropriate revise the personal plan if requested to do so by the service
user, or the service user’s representative, and whenever there is a
significant change in the service user’s health, safety, welfare or
support needs.
(4) A registered person must prepare and maintain a care record that is
sufficiently detailed, contemporaneous and relevant to ensure that a service user’s
health, safety and welfare needs, and circumstances, are properly documented,
and this record must include –
(a) the
personal plan together with the documentation relating to the assessment of the
service user’s needs; and
(b) a
record of the care or treatment actually provided or
delivered to the service user.[15]
(5) The service user may
access the service user’s care record.
(6) The service
user’s representative may, if the
registered person considers it appropriate to do so, access the service
user’s care record.
(7) Personal plans and care
records must –
(a) be available at all times for inspection so
as to enable the Commission to judge the effectiveness of the
assessment, planning, delivery and evaluation of the care or support offered;
and
(b) in
the case of a service user who is under the age of 18, be retained for not less
than 75 years.
9A Need for consent[16]
(1) A registered person must only provide care and
treatment to a service user with the consent of the service user or, if
applicable, the service user’s representative.
(2) If
the service user is aged 16 or over but lacks
capacity within the meaning of Article 4 of the Capacity and Self-Determination (Jersey)
Law 2016 (the “2016 Law”), the registered person must, in providing care and treatment to the service
user, act in accordance with the provisions of that Law.
(3) However,
if Part 6 (treatment requiring consent) of the Mental Health Law applies
to a service user, the registered person must act in accordance with the
provisions of that Law.
(4) Nothing
in this Regulation affects the operation of Article 8 (permitted acts in connection with care and treatment of
persons lacking capacity) of the 2016 Law as read with Article 9
(certain acts of restraint etc. which are not permitted)
of that Law.
10 Health
and safety[17]
A registered person must ensure that adequate arrangements are in
place to protect the health and safety, including fire safety, of service users,
workers and, where relevant, visitors to any place where the regulated activity
is provided.
11 Safeguarding
(1) A registered person must safeguard service users from harm or abuse,
by –
(a) establishing,
maintaining and adhering to a written policy in relation to the safeguarding of
service users unless the registered person is an individual directly employed
by, or personally in receipt of any reward from, the service user for the care provided;
(b) taking
reasonable steps to identify risk of harm or abuse and prevent its occurrence;
(c) responding
appropriately to any allegation of abuse or ill treatment whether of a physical
or psychological nature;
(d) ensuring
workers have adequate training in safeguarding;
(e) adhering
to any guidance and policy endorsed by the Commission in respect of safeguarding;
(f) participating
where required in any safeguarding investigations, including multi-agency
safeguarding investigations;
(g) taking
immediate action to prevent any worker who has harmed or poses a risk of harm
to a service user from having contact with that or any other service user; and
(h) taking
all reasonable steps to avoid having as a worker any person on the barred list or
who has received a caution or conviction for an offence against a service user
in Jersey, or in any other jurisdiction if the conduct would be an offence in
Jersey had it taken place in Jersey.[18]
(2) A registered person
must share information with other registered persons, regulatory bodies and law
enforcement agencies where to do so would assist in safeguarding service users from
harm or abuse.[19]
(3) For the purposes of
this Regulation “abuse” means –
(a) any
behaviour towards a service user that is –
(i) an
offence under Part 10 (safeguarding: offences against those in receipt of
care etc.) of the Mental Health Law, or
(ii) an
offence under the Sexual Offences (Jersey) Law 2018;
(b) theft,
misuse or misappropriation of money or property belonging to a service user; or
(c) neglect
of a service user.[20]
12 Cleanliness
and infection control
(1) Where premises are
provided as part of the regulated activity the registered person
must –
(a) maintain
the premises clean and free from offensive odours;
(b) maintain
appropriate standards of cleanliness and hygiene in relation to the premises,
furnishings, sundries and equipment;
(c) make
appropriate arrangements for the regular laundering of linen and clothing.
(2) A registered person
must protect service users, workers and other persons from exposure to health
care associated infections by –
(a) having
in place systems to assess the risk of, and detect and control the spread of
infection, including having suitable arrangements for the handling and disposal
of general and clinical waste;
(b) where
necessary providing appropriate treatment and care for persons affected by a
health care associated infection; and
(c) ensuring
that workers are trained and provided with sufficient and appropriate personal
protective equipment.[21]
13 Nutrition
and hydration[22]
Where food and drink are provided as part of the regulated activity
the registered person must provide –
(a) sufficient quantities of food and drink to meet service
users’ needs;
(b) food
that is nutritious and suitable for the needs of the person consuming it,
including the person’s cultural or religious dietary requirements;
(c) a
variety and choice of food that is properly prepared and presented;
(d) parenteral
nutrition and dietary supplements when prescribed by a doctor or health care
professional registered to engage in a registrable occupation;
(e) support
to enable service users to eat and drink sufficient amounts
for their needs.
14 Management
of medicines
(1) A registered person
must ensure that service users are supported so as to
enable them, so far as it is practicable and safe to do so, to manage their own
medication.[23]
(2) A registered person
must protect service users from the unsafe use and management of medicines,
including by making appropriate arrangements for the safe handling, ordering,
storage, security, administration, recording and disposal of medicines.[24]
(3) The registered person
must ensure that any worker involved in the dispensing and management of
medicines has appropriate training.
(4) Where equipment or
medicines are supplied by the registered person, that person must ensure that
there are sufficient quantities of them to ensure the
safety of service users and to meet their needs.[25]
15 Shared
responsibilities
(1) Where responsibility
for a service user’s care is shared with or transferred to any other
person or agency, a registered person must work collaboratively with that other
person or agency so as to ensure the health, safety
and welfare of the service user.[26]
(2) For the purposes of
paragraph (1), a registered person must request and share information
relating to the service user with the other person or agency so
as to ensure that, as far as practicable, the registered person receives
sufficient information from that other person or agency about the service user.[27]
(3) For the purposes of
paragraph (2) a registered person must request and share information
relating to the service user with the other person or agency so
as to ensure as far as practicable, the registered person receives
sufficient information from that other person or agency about the service user.[28]
16 Control
and restraint
(1) A registered person may
control or restrain a service user only where it is lawful, not excessive and
in the best interests of the service user to do so.[29]
(2) A registered person
must prepare and implement a policy ensuring that there are proper arrangements
in place so that any use of control or restraint complies with paragraph (1).
(3) A registered person
must maintain a record of the date and circumstances of use of control or
restraint on a service user and must notify the Commission immediately if the
action taken does not comply with paragraph (1).[30]
17 Workers
(1) A registered person
must ensure that every worker in the regulated activity is a fit person to work
there, and a person is a fit person if he or she is –
(a) suitably
qualified, skilled, competent and experienced for the duties to which he or she
is assigned;
(b) mentally
and physically fit for those duties; and
(c) does
not fall within paragraph (2) and is otherwise of integrity and good
character.
(2) A person is not a fit
person if the person –
(a) has
been sentenced to a term of imprisonment (whether immediate or suspended and
wherever imposed, provided that it was imposed for
conduct that would be an offence in any part of the British Islands), without
the option of paying a fine, for an offence that makes the person unsuitable to
work in that regulated activity;
(b) appears
on the barred list or has been convicted of an offence against a service user
in Jersey or in any other jurisdiction if the conduct would be an offence in
Jersey had it taken place in Jersey.[31]
(3) When determining the
qualifications, skills and number of persons required to work in the regulated
activity, the registered person must take into consideration –
(a) the
size and nature of the regulated activity;
(b) the
statement of aims, objectives and purposes of the regulated activity; and
(c) the
needs of the service users.[32]
(4) The registered person
must –
(a) ensure that at all times suitably qualified, skilled,
competent and experienced people are working in the regulated activity in such
numbers as are appropriate and sufficient to meet the needs and ensure the
health, welfare and safety of service users;
(b) ensure
that the employment of any person on a temporary basis will not prevent service
users from receiving such continuity of care as is reasonable to meet their needs;
(c) ensure
that workers receive appropriate training, professional development,
supervision and appraisal to enable them to provide care and treatment to service
users to a safe and appropriate standard;
(d) provide assistance and support to workers, including, where
appropriate, time off work to obtain relevant qualifications and training;
(e) where
relevant, support workers to maintain their registration with an appropriate
regulatory or occupational body and, when required, provide that body with
evidence of the worker’s fitness to practise;
(f) have
in place a disciplinary procedure that enables the registered person to take
appropriate action with respect to workers where necessary to protect the
safety or welfare of service users; and
(g) have
in place a policy that enables workers to report concerns about the provision
of the regulated activity to a senior manager or the Commission and afford such
workers adequate protection from being disadvantaged as a
result of making a report in compliance with the policy.[33]
(5) The registered person
must have in place and adhere to a recruitment policy, undertake such criminal
records checks for workers as are appropriate for each worker’s role and
obtain and keep such information as would enable so far as practicable for the
requirements of this Regulation to be met.
(6) The registered person
must maintain a record for each worker that includes the information mentioned
in paragraph (5).
17A [34]
18 Premises
and equipment
(1) Where the regulated
activity involves the provision of premises or equipment the registered
provider must ensure they –
(a) are
fit for purpose and properly and regularly maintained;
(b) are
safe and suitable for the regulated activity;
(c) achieve
the aims and objectives set out in the Statement of Purpose; and
(d) in
the case of premises, meet the requirements of paragraph (2).[35]
(2) The premises
must –
(a) be
located and be of such a design and layout as to meet the number and needs of service
users;
(b) be
designed to maximise and facilitate the privacy, dignity and independence of service
users;
(c) be of
sound construction and kept in a good state of repair externally and internally;
(d) have
adequate heating, lighting and ventilation; and
(e) be
decorated and maintained to a standard appropriate for the regulated activity.[36]
(3) Without limiting the generality
of paragraph (1), a registered provider must –
(a) ensure
that the premises are furnished and equipped to a standard that is appropriate
to the needs for the service user and in accordance his or her personal plan;
(b) where
appropriate, provide adequate facilities, equipment, crockery, cutlery and
utensils for service users to store and prepare their own food and ensure that
these facilities are fit for use by service users;
(c) provide
and maintain sufficient and suitable clinical, nursing or other equipment for
the benefit of service users as is necessary to meet their health and personal needs;
(d) where
appropriate provide adequate and suitable facilities for service users to wash,
dry and iron their own clothes if they wish;
(e) ensure
that there are provided at appropriate places sufficient
numbers of WCs and wash basins, and baths and showers fitted with a hot
and cold water supply;
(f) ensure
that service users have access to a telephone on which to make and receive
calls in private along with suitable access to other forms of communication technology;
(g) take
adequate precautions against the risk of fire, including the provision of
suitable fire safety equipment; and
(h) provide
an adequate and safe means of escape from the premises in cases of emergency.[37]
19 Reviewing
quality of service
(1) A registered person
other than an individual directly employed by, or personally in receipt of any
reward from, the service user for the care provided, must establish a system
for regular review and, if necessary, for improvement of the quality of care
provided.[38]
(2) In undertaking the review the registered person must –
(a) consult
service users or their representatives, workers for the regulated activity and
health and other professionals who serve the needs of service users; and
(b) take into account the outcome of any complaint or other
investigation into the conduct of the regulated activity.[39]
(3) A registered person
must publish a report on any review carried out under this Regulation and
ensure that it is made available to service users, their representatives, the
Commission and any other person who requests it.[40]
(4) Where the registered
provider –
(a) is
not the registered manager; and
(b) is
not a registered person to whom Regulation 80 applies,
the registered provider must arrange for a representative to report
monthly on the quality of the care provided and compliance with the
registration requirements under the Law and these Regulations.[41]
(5) Reports compiled under
paragraph (4) must be provided to the registered person and be available
for inspection by the Commission.
part 4
general requirements
20 Provision
of updated information and review of Statement of Purpose
(1) A registered person
must inform the Commission of any changes to the information supplied when the
person applied to be registered or to that information as subsequently updated
by virtue of this Regulation.
(2) The information provided
under paragraph (1) may be provided to the Commission by way of an annual
return and where there has been no such change the registered person must
submit a return so advising the Commission.
(3) A registered provider
must keep the Statement of Purpose under review and revise it where appropriate
to do so.
(4) Where the Statement of
Purpose has been revised, the registered provider must notify the Commission of
the revision within 28 days.
21 Notification
of incidents, accidents and other events[42]
A registered person must notify the Commission of such incidents,
accidents or other events that have posed or may pose a risk of harm to service
users as the Commission may specify in such manner as the Commission may
specify.
22 Complaints
and representations[43]
(1) A
registered person must establish a written procedure for
identifying, receiving, investigating and considering complaints or
representations made by or on behalf of service users.
(2) The
procedure must, in particular, provide –
(a) for an opportunity for informal resolution
of a complaint at an early stage;
(b) that no individual who is the subject of a
complaint takes part in its consideration other than, if the registered person
considers it appropriate, at the informal resolution stage only;
(c) for dealing with complaints about the
registered person;
(d) for complaints to be made by a person acting
on behalf of a service user; and
(e) for the procedure to be made known to –
(i) service
users and, where appropriate, their representatives, and
(ii) persons
working for, or on behalf of, the registered person.
(3) The
registered person must supply a copy of the procedure if requested by a person
mentioned in paragraph (2).
(4) The
registered person must ensure that a written record is made of any complaint or
representation, the action taken in response to it, and the outcome of the
investigation.
(5) The
registered person must, on request, supply the Commission with a statement
containing a summary of any complaints made during the preceding 12 months
and the action taken in response.
(6) In
this Regulation –
“complaint”
means a statement in writing (including in electronic
form) expressing dissatisfaction or disquiet about an act done by or on
behalf of the registered person in relation to a service user;
“representation”
may include a complaint, or may be a statement, enquiry or comment which
requires a response.
23 Service
records
(1) A registered person
must establish and maintain such records applicable to the regulated activity (“service
records”) to evidence compliance with the requirements of these
Regulations and any other applicable statutory requirements.
(2) The service records
must be kept in a secure place and be available for inspection by the
Commission at any time.
(3) Service records must be
kept for at least 5 years –
(a) if
the record relates to a service user, from when the service user was last
provided care by the registered person;
(b) if
the record relates to a worker, from when the worker last worked for the registered
person;
(c) in
any other case, from the last entry made in the record.[44]
24 Financial
viability
(1) A registered provider
must carry on the regulated activity in such a way to ensure that it is
financially viable and able to meet the aims and objectives set out in any
Statement of Purpose and the requirements of the Law and these Regulations.
(2) A registered provider
must in particular –
(a) maintain
detailed accounts and provide certificated copies of them to the Commission
every year; and
(b) demonstrate
to the Commission that the regulated activity has adequate insurance cover.
(3) The registered provider
must notify the Commission of any substantial and imminent risk to the
viability of the regulated activity and provide such relevant information as
the Commission may require.
(4) This Regulation does
not apply to a regulated activity operated by a Department of the States or by
a registered person who is an individual directly employed by, or personally in
receipt of any reward from, the service user for the care provided.[45]
25 Charges
(1) A registered person
must publish its scale of charges for the regulated activity, including any
additional charges not covered by the scale.
(2) Paragraph (1) does
not apply to a regulated activity operated by a registered person who is an
individual directly employed by, or personally in receipt of any reward from,
the service user for the care provided.[46]
(3) However, that
individual must when requested to do so by the Commission provide the
Commission with information about the charges made to service users.[47]
26 Commissioned
services
(1) Where care services are
commissioned by the States, an administration of the States or other public
agency the registered person must ensure that the contractual arrangement with
the commissioning body includes a detailed specification of the requirements of
that service.
(2) In
particular the contract must set out how the registered person can raise
concerns about any deficits in care or risks to service users –
(a) that
relate to an insufficiency in the amount or type of care provided or an
inability to meet the terms of the contract to deliver the personal plan; and
(b) in
the case of a home care service, that relate to the environment, lack of
equipment or other limitations.[48]
(3) Where the registered
person becomes aware of any of the concerns mentioned in paragraph (2) the
registered person must notify them to the Commission as well as to the
commissioning body.
27 Absence
of manager
(1) For a regulated
activity to continue to be carried on lawfully during the absence of the
registered manager, the registered person must notify the Commission in writing
whenever the registered manager intends to be absent from the regulated
activity for a continuous period of 28 days or more.
(2) The notice must be
given not later than 30 days before the start of the intended absence and
must give details of –
(a) the
length or expected length of the absence;
(b) the
reason for the absence;
(c) the
arrangements that have been made for running the regulated activity during that
absence; and
(d) the
name, address and qualifications of the person who will be responsible for the
regulated activity during the absence.
(3) However, if the absence
arises unexpectedly notice giving the details required by paragraph (2)
may be provided to the Commission within a week of the start of the absence.
(4) Where a registered
manager has left or intends to leave the regulated activity the registered
provider must inform the Commission within a week of the manager’s
departure of –
(a) the
arrangements that have been made for the running of the regulated activity
until a replacement registered manager is appointed;
(b) the
name, address and qualifications of the person who will be responsible for the
regulated activity until a replacement registered manager is appointed;
(c) the
arrangements that have been made to appoint a new registered manager; and
(d) the
proposed date by which the appointment is expected to have been made.
(5) Where the regulated activity
is a home care service provided by a registered person who is an individual
directly employed by, or personally in receipt of any reward from, the service
user for the home care service provided, that registered person must inform the
Commission of his or her planned or unplanned absence and the arrangements that
have been put in place to ensure that the service user’s needs continue
to be met during the absence.[49]
(6) If a registered manager
is intended to be absent for more than 12 weeks the Commission may require
the registered provider to have another registered manager covering the role
until the first registered manager returns or is replaced on a permanent basis.
Part 5[50]
children’s HOME SERVICE and support
services
28 Education,
employment and leisure activity[51]
(1) Where the regulated
activity is a children’s home service, or a child is provided with a home
care service and is not living with a parent, the registered person must ensure
that proper provision is made for the education and leisure of any child who is
a service user.
(2) In particular, the registered person must promote the child’s educational
attainment by –
(a) implementing
a procedure for monitoring educational achievement, progress and school attendance;
(b) promoting
regular school attendance and participation in school activities;
(c) providing
the child with any information and assistance, including equipment, that may be
necessary to meet the child’s educational needs;
(d) making
provision and providing opportunities for private independent study;
(e) maintaining
effective links with schools;
(f) facilitating
and encouraging leisure interest and activities; and
(g) where
a child is over compulsory school age, assisting and supporting the child with
further education, training or employment.
29 Behaviour
management, discipline and restraint
(1) A registered person
must ensure that no child who is a service user is subject to any of the
following as a disciplinary measure –
(a) any
form of corporal punishment;
(b) any
deprivation of food or drink;
(c) any
restriction on contact with, or visits to, or from friends, parents or other
relatives other than in accordance with a court order or as may be agreed
within the child’s personal plan;
(d) any
restriction on contact with or visits to or from his or her solicitor,
appointed guardian, assigned social worker, independent person, inspector
authorized by the Commission or any other authorized or appointed person, whether or not the person’s authority derives from any
enactment.[52]
(2) Where the regulated
activity is a children’s home service, the registered person must prepare,
implement, review and, where necessary, revise a behavioural
management policy, which includes –
(a) the measures to be taken to prevent a child
from going missing from the children’s home; and
(b) the procedure to be followed when a child is
missing from the children’s home unexpectedly or without permission.[53]
(3) The behavioural
management policy must be agreed with the States of Jersey Police Force.[54]
30 Appointment
of independent persons
(1) A registered provider
must appoint, at the registered provider’s expense, a person (the
“independent person”) to visit the premises of the children’s
home and report on the children’s home service that the registered
provider carries on at the children’s home.[55]
(2) If the registered
provider carries on more than one children’s
home service, the registered provider may appoint the same person as the
independent person for all or any of those children’s home services.[56]
(3) Subject to paragraphs (4)
and (5), the registered provider may not appoint the following as an
independent person –
(a) if
the registered provider is a Department or agency of
the States, a person who is employed by that Department or agency in connection
with the provision of a social work service for children and young people;
(b) if
the registered provider is not a Department or agency
of the States, a person who has a financial interest in the registered provider
or receives any payment from the registered provider in connection with the
provision of services to the registered provider (other than for services as an
independent person);
(c) a
person involved in preparing the personal plan of any child placed at the children’s
home, or a person responsible for managing or supervising that person;
(d) a
person responsible for commissioning or financing services provided by the children’s
home service;
(e) a
person with a financial interest in the children’s home service; or
(f) a
person who has, or has had, a connection with –
(i) the
registered person,
(ii) a
person working at the children’s home, or
(iii) a
child,
which the registered provider considers to give
rise to doubts about that person’s impartiality (for the purposes of
producing the independent person’s report under Regulation 31(4)).[57]
(4) A worker for the
registered provider is not, by reason only of that employment, disqualified
under paragraph (3)(a), (b) or (f) for appointment as an independent
person if the worker is employed solely to examine and scrutinise
critically –
(a) the
way that a children’s home service is carried on or managed; and
(b) the
quality of care provided for children.[58]
(5) If the registered
provider is a Department or agency of the States, a person appointed by that
Department or agency as an independent reviewing officer is not, by reason only
of that appointment, disqualified under paragraph (3)(a), (c) or (f) for
appointment as an independent person in relation to a children’s home service
carried on by that Department or agency.[59]
(6) The independent person
must declare any actual or potential conflict of interest (whether of the type
mentioned in paragraph (3) or otherwise) to the registered provider
without delay and, if reasonably practicable, before conducting a visit to the children’s
home service under Regulation 31.[60]
(7) If the registered
provider becomes aware of a potential conflict of interest in relation to the
independent person before or during the independent person visiting the children’s
home service under Regulation 31, the registered provider
must –
(a) make arrangements to cancel the visit without delay; and
(b) appoint
a different independent person to visit the children’s home service.[61]
31 Independent
person: visits and reports
(1) The registered person
must ensure that an independent person visits the children’s home service
at least once each month.[62]
(2) When the independent
person is carrying out a visit, the registered person must help the independent
person –
(a) to
interview in private such of the children, their parents, relatives and persons
working at the premises of the children’s home
as the independent person requires, provided that the interviewee consents to
the interview; and
(b) to
inspect the premises of the children’s home and such of the home’s
records (except for a child’s case records, unless the child and the
Minister consent) as the independent person requires.[63]
(3) A visit by the independent
person to the premises of the children’s home may be unannounced.[64]
(4) The independent person
must produce a report about a visit (the “independent person’s
report”) which sets out, in particular, the
independent person’s opinion as to whether –
(a) children
are effectively safeguarded; and
(b) the
conduct of the children’s home service promotes the children’s
well-being.[65]
(5) The independent
person’s report may recommend actions that the registered person may take
in relation to the home and timescales within which the registered person must
consider whether or not to take those actions.
(6) If the independent
person becomes aware of a potential conflict of interest (whether under
Regulation 30(3) or otherwise) after a visit to the premises of the
children’s home, the independent person must include in the independent
person’s report –
(a) details
of the conflict of interest; and
(b) the
reasons why the independent person did not notify the registered provider of
the conflict of interest before the visit.[66]
(7) The independent person
must provide a copy of the independent person’s report to the Commission,
the Minister, the registered provider and, if applicable, the registered
manager.
(8) In this Regulation
“Minister” means the Minister for Children and Families.[67]
part 6[68]
Adoption service
32 Application
and interpretation of Part
(1) This Part applies where the regulated activity is an adoption service.
(2) Regulations 35
to 42 apply in respect of a child that the adoption service is considering
placing for adoption.
(3) Regulations 43
to 48 apply in respect of a prospective adopter that the adoption service is
considering may be suitable to adopt a child.
(4) Regulations 49
to 59 apply in respect of a prospective adopter that the adoption service has
decided may be suitable to adopt a child.
(5) In
this Part and Schedules 1 to 3, words or expressions not otherwise defined in
the Law or in Regulation 1 have the same definitions as given in the
Adoption Law or Children Law, as the case may be, and –
“child’s
permanence report” is construed in accordance with Regulation 41;
“medical
adviser” is construed in accordance with
Regulation 33;
“proposed placement” is
construed in accordance with Regulation 54;
“prospective adopter’s
assessment plan” is construed in accordance with Regulation 49;
“prospective
adopter’s matching plan” is construed in accordance with Regulation 53;
“prospective
adopter’s plan” is construed in accordance with Regulation 43;
“prospective adopter’s report” is construed in accordance
with Regulation 50;
“prospective
adopter’s review report” is construed in accordance with
Regulation 52.
33 Requirement
to appoint a medical adviser
(1) For
the purpose of securing the matters set out in Article 14(2)(b) of the
Law, the registered person must appoint at least one doctor to be the adoption
service’s medical adviser.
(2) The
medical adviser must be consulted in relation to the arrangements for access
to, and disclosure of, health information which is required or permitted under
any enactment (including these Regulations).
34 Requirement
to prepare written policy and procedures
(1) For the purposes of Article 14(3)(a) of the Law, the
registered person must, in consultation with the Adoption Panel and medical
adviser (or advisers, if more than one) appointed under Regulation 33,
prepare and implement written policy and procedural instructions governing the
exercise of the functions of the adoption service and Adoption Panel in
relation to adoption.
(2) The
instructions must be kept under review and, where appropriate, revised by the registered
person in consultation with the Adoption Panel and medical adviser (or
advisers).
35 Requirement
to set up child’s adoption case record
(1) For
the purposes of Article 14(3)(a) and (f) of the Law, the registered person must set up a case
record in respect of a child that the adoption service is or was considering
placing for adoption.
(2) The
registered person must place the following on the case record –
(a) information
and reports obtained or prepared by the adoption service in the discharge of
its functions;
(b) the
child’s permanence report;
(c) where
applicable, the written record of the proceedings of the Adoption Panel, its
recommendation and the reasons for its recommendation and any advice given by
the Adoption Panel to the adoption service;
(d) the
record of the adoption service’s decision under Article 3 (welfare
of child to be paramount) of the Adoption Law in relation to the proposed
adoption of the child and any notification given of that decision;
(e) a
copy of any document signifying or evidencing the agreement to adoption of a
child aged 14 or over, for the purposes of Article 3A (agreement of child
having sufficient understanding) of the Adoption Law;
(f) a
copy of any document signifying or evidencing agreement to the making of an
adoption order for the purposes of Article 10A (consent of spouse or civil
partner of adoptive parent) of the Adoption Law;
(g) a
copy of any document signifying consent to the making of an adoption order for
the purposes of Article 14 (evidence of consent of parent or guardian) of
the Adoption Law;
(h) a
copy of any order made under Article 12 (freeing for adoption) of the
Adoption Law;
(i) a
copy of any notice given by the Minister or former parent under
Article 12A (progress reports to former parents) of the Adoption Law;
(j) a
copy of any order made under Article 12B (revocation of Article 12
order) of the Adoption Law;
(k) details
of any prospective adopters for the child identified under Regulation 36;
and
(l) having
regard to any published standards, any other documents or information obtained
by the adoption service which the registered person considers should be
included in the child’s case record.
36 Requirement
to identify potential prospective adopters
(1) This
Regulation applies for the purposes of –
(a) securing
the matters set out in Article 14(2)(b) and (c) of the Law; and
(b) Article 14(3)(a)
of the Law.
(2) The registered person must, in respect of a
child –
(a) seek
to identify prospective adopters who may be suitable to adopt the child;
(b) seek
to identify, if and as soon as reasonably practicable, a particular prospective
adopter with whom the adoption service proposes the child is placed; and
(c) where
the adoption service is considering adoption for 2 or more siblings, seek to
identify prospective adopters who may be suitable to adopt 2 or more of the
siblings together, having regard to the best interests of each sibling.
(3) In
determining whether a prospective adopter may be suitable to adopt the child, the
registered person must cause an assessment to be carried out of the ability of
the prospective adopter to meet the needs of the child throughout childhood.
37 Requirement
to provide counselling and information for, and ascertain wishes and feelings
of, the child
(1) This Regulation applies for
the purposes of –
(a) securing
the matters set out in Article 14(2)(b) and (c) of the Law; and
(b) Article 14(3)(a)
of the Law.
(2) The
registered person must, so far as is reasonably practicable, in respect of a
child –
(a) provide a counselling service for the child;
(b) explain to the child in an appropriate
manner the procedure in relation to, and the legal implications of, adoption
for the child and provide that child with appropriate
written information about these matters; and
(c) ascertain, having
regard to the child’s age and understanding, the child’s wishes
and feelings regarding –
(i) the
child’s adoption,
(ii) the
possibility of placement for adoption with a new family,
(iii) the
child’s religious persuasion, racial origin, and cultural and linguistic
background, and
(iv) contact
with the child’s parent or guardian or other relative or with any other individual
the adoption service considers relevant.
(3) Paragraph (2)
does not apply if the registered person is satisfied that the requirements of
that paragraph have been carried out in respect of the child by an equivalent
adoption service in another jurisdiction.
38 Requirement
to provide counselling and information for, and ascertain wishes and feelings
of, the parent or guardian of the child and others
(1) This
Regulation applies for the purposes of –
(a) securing
the matters set out in Article 14(2)(b) and (c) of the Law; and
(b) Article 14(3)(a)
of the Law.
(2) The
registered person must, so far as is reasonably practicable, in respect of a
child –
(a) provide
a counselling service for the parent or guardian of the child; and
(b) explain
to that parent or guardian, and provide appropriate written information about –
(i) the
procedure in relation to both placement for adoption and adoption, and
(ii) the
legal implications of adoption; and
(c) ascertain
the wishes and feelings of the parent or guardian of the child, and of any
other person the adoption service considers relevant, regarding –
(i) the
child,
(ii) the
placement of the child for adoption and subsequent adoption, including any
wishes and feelings about the child’s religious persuasion, racial
origin, and cultural and linguistic background, and
(iii) contact
with the child if the child is placed for adoption or adopted.
(3) Paragraph (2) does
not apply if the registered person is satisfied that the requirements of that
paragraph have been carried out in respect of the parent or guardian, and any
other person the registered person considers relevant, by an equivalent
adoption service in another jurisdiction.
(4) Paragraph
(5) applies where –
(a) the
father of the child does not have parental responsibility for the child; and
(b) the
father’s identity is known to the adoption service.
(5) Where
the father of the child meets the description in paragraph (4), and the registered
person is satisfied it is appropriate to do so, the registered person
must –
(a) carry out in respect of the father the
requirements of paragraph (2) as if they applied to him; and
(b) ascertain so far as possible whether the
father –
(i) wishes
to acquire parental responsibility for the child under Article 5 of the
Children Law, or
(ii) intends
to apply for a residence order or a contact order with respect to the child
under Article 10 of the Children Law.
39 Requirement
to obtain information about the child
(1) This
Regulation applies for the purposes of –
(a) securing
the matters set out in Article 14(2)(b) and (c) of the Law; and
(b) Article 14(3)(a)
of the Law.
(2) The
registered person must, in respect of a child –
(a) obtain,
so far as is reasonably practicable, the information about the child specified
in Part 1 of Schedule 1;
(b) arrange
for the examination of the child by a registered medical practitioner;
(c) obtain
from that practitioner a written report (“the child’s health report”)
on the state of the child’s health which must include any treatment which
the child is receiving, any need for health care and the matters specified in
Part 2 of Schedule 1, unless the adoption service has received advice
from its medical adviser that an examination and report are unnecessary; and
(d) arrange
for any other medical or psychiatric examinations or tests of the child as are recommended
by the medical adviser and obtain written reports in respect of those examinations
and tests.
(3) However,
paragraph (2)(b) and (d) does not apply if the child is of sufficient
understanding to make an informed decision and refuses to submit to the
examinations or tests.
40 Requirement
to obtain information about the child’s family
(1) This
Regulation applies for the purposes of –
(a) securing
the matters set out in Article 14(2)(b) and (c) of the Law; and
(b) Article 14(3)(a)
of the Law.
(2) The registered person must, in respect of a child,
obtain so far as is reasonably practicable information about –
(a) the
child’s family as specified in Part 3 of Schedule 1; and
(b) the
health of each of the child’s natural parents and of the child’s brothers
or sisters, if any, of the full blood or half -blood, specified in Part 4
of Schedule 1.
41 Requirement
to prepare child’s permanence report
(1) This Regulation applies for the purposes of –
(a) securing
the matters set out in Article 14(2)(b) and (c) of the Law; and
(b) Article 14(3)(a)
and (h) of the Law.
(2) The
registered person must, in respect of a child –
(a) prepare
a written report (“the child’s permanence report”) to include
the information specified in paragraph (3); and
(b) provide
the child’s permanence report to the Adoption Panel for the purposes of
the Panel’s consideration of the question of the child’s proposed
adoption.
(3) The
information referred to in paragraph (2)(a) is as follows –
(a) information
about the child and the child’s family, as specified in Parts 1 and 3 of
Schedule 1;
(b) a
written summary by the medical adviser, of the state of the child’s
health as at the date of the report, health history and any known need for
health care which might arise in the future;
(c) the
wishes and feelings of the child regarding the matters ascertained under
Regulation 37(2)(c);
(d) the
wishes and feelings of the child’s parent or guardian, and, where
Regulation 38(5)(a) applies, the child’s father, and any other
person the registered person considers relevant, regarding the matters
ascertained under Regulation 38(2)(c);
(e) the
views of the adoption service about the child’s need for contact with the
child’s parent or guardian or other relative or with any other person the
adoption service considers relevant and the arrangements the service proposes
to make for allowing any person contact with the child;
(f) an
assessment of the child’s emotional and behavioural development and any
related needs;
(g) an
assessment of the parenting capacity of the child’s parent or guardian and,
where Regulation 38(5)(a) applies, the child’s father;
(h) a
chronology of the decisions and actions taken by the adoption service with
respect to the child;
(i) an
analysis of the options for the future care of the child which have been
considered by the adoption service and why placement for adoption is considered
the preferred option; and
(j) any
other information which the adoption service considers relevant.
42 Requirement
to consider Adoption Panel’s recommendation
(1) This
Regulation applies for the purposes of –
(a) securing
the matters set out in Article 14(2)(b) and (c) of the Law; and
(b) Article 14(3)(a)
of the Law.
(2) The
registered person must –
(a) ensure
that the adoption service gives consideration to –
(i) the
recommendation of the Adoption Panel in coming to a decision about whether the
child should be placed for adoption, and
(ii) any
advice given by the Adoption Panel as to the
arrangements the adoption service should make for allowing any person contact
with the child once that child is placed for adoption;
(b) ensure
that no member of the Adoption Panel takes part in any decision made by the
adoption service; and
(c) if
their whereabouts are known to the adoption service, notify in writing the
parent or guardian and, where Regulation 38(4) applies and the agency
considers it is appropriate, the father of the child of its decision.
43 Requirement
to prepare prospective adopter’s plan
For
the purposes of Article 14(2) and (3) of the Law, the registered person
must, in consultation with the prospective adopter, prepare a written plan
which must include –
(a) information
about the counselling, information and preparation for adoption to be provided
under Regulation 45;
(b) an
explanation of the procedure for carrying out police checks under
Regulation 46;
(c) details
of any training that the prospective adopter has agreed to undertake;
(d) information
about the role of the prospective adopter in the adoption process;
(e) any
applicable timescales;
(f) information
about the process for making a representation or complaint; and
(g) any
other information that the adoption service considers relevant.
44 Requirement
to set up prospective adopter’s case record
(1) For the purposes of
Article 14(3)(a) and (f) of the Law, the registered person must set up a
case record in respect of a prospective adopter, and place on that case
record –
(a) the
prospective adopter’s plan;
(b) the
enhanced criminal record certificate referred to in Regulation 46 and
information and reports referred to in Regulation 47;
(c) the
prospective adopter’s assessment plan;
(d) the
prospective adopter’s report and the prospective adopter’s
observations on that report;
(e) the
written record of the proceedings of the Adoption Panel, its recommendation,
the reasons for the recommendation and any advice given by the Panel to the
adoption service;
(f) the
record of any of the adoption service’s decisions referred to in
Regulation 51(6);
(g) where
applicable, the prospective adopter’s review report and the prospective
adopter’s observations on that report;
(h) the
prospective adopter’s matching plan; and
(i) any
other documents or information obtained by the adoption service which the
registered person considers should be included in that case record.
(2) The registered person
may ask the prospective adopter to provide any further information which the
adoption service may reasonably require.
45 Requirement
to provide counselling, information and preparation for adoption
(1) This Regulation applies for the purposes of –
(a) securing
the matters set out in Article 14(2)(a), (b) and (c) of the Law; and
(b) Article 14(3)(a)
and (h) of the Law.
(2) The
registered person must, in respect of a prospective adopter –
(a) provide
a counselling service for the prospective adopter;
(b) in a
prospective overseas adoption case, explain to the prospective adopter, and
provide written information about, the procedure in relation to, and the legal
implications of, adopting a child from the country from which the prospective
adopter wishes to adopt;
(c) in
any other case, explain to the prospective adopter, and provide written
information about, the procedure in relation to, and the legal implications of,
placement for adoption and adoption;
(d) provide
the prospective adopter with any information and training materials relating to
adopting a child; and
(e) make arrangements for the prospective adopter to receive any
preparation for adoption as the adoption service considers appropriate.
(3) In
paragraph (2)(e) “preparation for adoption” includes the
provision of information to the prospective adopter about –
(a) the
age range, sex, likely needs and background of children who may be placed for
adoption by the adoption service;
(b) the
significance of adoption for a child and the child’s family;
(c) contact
between a child and the child’s parent or guardian or other relatives
where a child is to be placed for adoption or is adopted;
(d) the
skills which are necessary for an adoptive parent;
(e) the
adoption service’s procedures in relation to the assessment of a
prospective adopter and the placement of a child for adoption; and
(f) the
procedures in relation to placement for adoption and adoption.
46 Requirement
to carry out police checks
(1) This
Regulation applies for the purposes of –
(a) securing
the matters set out in Article 14(2)(b) of the Law; and
(b) Article 14(3)(a)
of the Law.
(2) The
registered person must, in respect of a prospective adopter and any other
member of the prospective adopter’s household who is aged 18 or over,
obtain an enhanced criminal record certificate issued under section 113B
of the Police Act 1997 of the United Kingdom as extended to Jersey, with
modifications, by the Police Act 1997 (Criminal Records) (Jersey) Order 2010
(S.I. 2010/765 of the United Kingdom).
(3) The registered person must ensure that no prospective
adopter is considered as suitable to adopt a child if the prospective
adopter or any member of the prospective adopter’s household who is aged
18 or over has been convicted of a specified offence committed at the age of 18
or over.
(4) In
paragraph (3) “specified offence” means an offence listed in
paragraph 2 of Schedule 4 (disqualification for caring for children)
to the Children Law.
(5) Where
the registered person becomes aware that a prospective adopter or a member of
the prospective adopter’s household has been convicted of an offence
referred to in paragraph (3), the registered person must notify the
prospective adopter as soon as possible in writing that they cannot be
considered suitable to adopt a child.
47 Requirement
to obtain information in respect of prospective adopter
(1) This
Regulation applies for the purposes of –
(a) securing
the matters set out in Article 14(2)(b) and (c) of the Law; and
(b) Article 14(3)(a)
of the Law.
(2) The
registered person must obtain, in respect of a prospective adopter –
(a) the
information specified in Part 1 of Schedule 2;
(b) a
written report from a registered medical practitioner about the health of the
prospective adopter following a full examination which must include the matters
specified in Part 2 of Schedule 2 unless the adoption service has
received advice from its medical adviser that an examination and report are unnecessary;
(c) a
written report of any interviews held with the persons nominated by the prospective
adopter to provide personal references for the prospective adopter; and
(d) if
the adoption service considers it necessary, a personal reference from the
prospective adopter’s former spouse, civil partner, or partner.
48 Requirements
in respect of adoption service’s preliminary decision as to prospective
adopter’s suitability
(1) This Regulation applies for the purposes of
Article 14(3)(a), (f) and (h) of the Law.
(2) The
registered person must, in respect of a prospective adopter –
(a) ensure
that the adoption service takes full account of the information obtained under
Regulations 46 and 47, and that a timely decision is made as to whether the
prospective adopter –
(i) may
be suitable to adopt a child, or
(ii) is
not suitable to adopt a child;
(b) ensure that a record is kept of the decision under
sub-paragraph (2)(a);
(c) where
the adoption service decides that the prospective adopter may be suitable to
adopt a child –
(i) as
soon as practicable, notify the prospective adopter in writing of the adoption
service’s decision, and
(ii) explain
to the prospective adopter that if they wish to continue with the assessment
process they must, within 6 months of the date on which the notification
is given under clause (i), notify the adoption
service of that wish; and
(d) where
the adoption service decides that the prospective adopter is not suitable to
adopt a child, notify the prospective adopter as soon as possible in writing of
the adoption service’s decision together with reasons for the adoption
service’s decision.
49 Requirements
in respect of prospective adopter’s assessment plan
For the purposes of Article 14(3)(a) and (h) of the Law, the
registered person must, in consultation with a prospective adopter, prepare
a written plan which includes the following matters –
(a) the
procedure for assessing the prospective adopter’s suitability to adopt a child;
(b) any
applicable timescales;
(c) the
arrangements for the prospective adopter to receive any additional counselling
or preparation for adoption;
(d) details
of any training that the prospective adopter has agreed to undertake;
(e) information
about the role of the prospective adopter in the assessment process;
(f) information
about the process for submitting representations to the adoption service;
(g) any
other matters which the adoption service considers relevant.
50 Requirements
in respect of prospective adopter’s report
(1) This
Regulation applies for the purposes of –
(a) securing
the matters set out in Article 14(2)(b) and (c) of the Law; and
(b) Article 14(3)(a)
and (h) of the Law.
(2) The
registered person must, in respect of a prospective adopter –
(a) obtain
the information about the prospective adopter specified in Part 3 of
Schedule 2;
(b) prepare
a written report (the “prospective adopter’s report”) which includes –
(i) the
information about the prospective adopter and the prospective adopter’s
family specified in Parts 1 and 3 of Schedule 2,
(ii) a
summary, written by the medical adviser, of the state of health of the
prospective adopter,
(iii) the
result of the enhanced criminal record certificate referred to in Regulation 46
and the information and reports required under Article 47,
(iv) the adoption
service’s assessment of the prospective adopter’s suitability to
adopt,
(v) in an overseas adoption
case –
(A) the name of
the country from which the prospective adopter wishes to adopt a child
(“country of origin”),
(B) confirmation
that the prospective adopter meets the eligibility requirements to adopt from
the country of origin,
(C) any
additional information obtained as a consequence of
the requirements of the country of origin, and
(D) the
adoption service’s assessment of the prospective adopter’s
suitability to adopt a child whose country of origin is outside the British
Islands, and
(vi) any
other information which the adoption service considers relevant;
(c) where
applicable, notify the prospective adopter that the prospective adopter’s
application is to be referred to the Adoption Panel;
(d) give
the prospective adopter a copy of the prospective adopter’s report;
(e) where
notification is given under sub-paragraph (c), invite the prospective
adopter to send any observations in writing to the adoption service within 5
working days, beginning with the date on which the notification is given; and
(f) explain
to the prospective adopter that the adoption service may, in exceptional
circumstances, extend the timescale referred to in sub-paragraph (e).
(3) At
the end of the 5 working days referred to in paragraph (2)(e) (or, where
that timescale is extended by the adoption service, as soon as possible after
the prospective adopter’s observations are received) the registered
person must decide whether or not to refer the case to an Adoption Panel and,
if the case is referred to an Adoption Panel, the registered person must send
to the Adoption Panel –
(a) the
prospective adopter’s report and the prospective adopter’s
observations if any;
(b) the
written reports and references referred to in Regulation 47(2)(b) to (d)
but, in the case of reports obtained in accordance with Regulation 47(2)(b),
only if the medical adviser so advises; and
(c) any
other relevant information obtained by the registered person.
(4) The
registered person must –
(a) obtain,
so far as is reasonably practicable, any other relevant information which may
be required by the Adoption Panel; and
(b) send
that information to the Adoption Panel.
51 Requirements
in respect of adoption service’s final decision as to prospective
adopter’s suitability
(1) This
Regulation applies for the purposes of Article 14(3)(a), (f) and (h) of
the Law.
(2) The
registered person must, in respect of a prospective adopter –
(a) ensure
that the adoption service takes into account the recommendation
of the Adoption Panel in coming to a decision about whether the prospective
adopter is suitable to adopt a child;
(b) ensure
that no member of the Adoption Panel takes any part in that decision;
(c) where
the adoption service decides to approve the prospective adopter as suitable to
adopt a child, notify the prospective adopter in writing of that decision; and
(d) where
the adoption service considers that the prospective adopter is not suitable to
adopt a child –
(i) notify
the prospective adopter in writing that the adoption service declines to
approve the prospective adopter as suitable to adopt a child,
(ii) send
with that notification the adoption service’s reasons together with a
copy of the Adoption Panel’s recommendation if that recommendation is
different, and
(iii) advise
the prospective adopter that within 40 working days beginning with the date on
which the notification was given under clause (ii), the prospective
adopter may submit to the adoption service any representations the prospective
adopter wishes to make in respect of the decision.
(3) If,
within the period of 40 working days the registered person receives
representations from the prospective adopter, the registered person must refer
the case together with all relevant information to the Adoption Panel for
further consideration.
(4) The registered person must ensure that the adoption
service makes a decision on the case only after the
adoption service has taken into account the
recommendations of the Adoption Panel following the Panel’s further
consideration.
(5) As
soon as possible after the adoption service has made its decision in accordance
with paragraph (4), the registered person must notify the prospective
adopter in writing of –
(a) the decision
and, if the adoption service does not consider the prospective adopter suitable
to adopt a child, the reasons for that decision; and
(b) the Adoption
Panel’s recommendation on further consideration if this is different from
the adoption service’s decision.
(6) The
registered person must keep a record of the decisions taken under this
Regulation.
52 Requirements
as to review and termination of approval
(1) This
Regulation applies for the purposes of –
(a) securing
the matters set out in Article 14(2)(b) and (c) of the Law; and
(b) Article 14(3)(a),
(f), (h) and (j) of the Law.
(2) The
registered person must ensure that the adoption service reviews the approval of
each prospective adopter in accordance with this Regulation.
(3) A
review must take place whenever necessary but, in any case, a first review must
take place not more than one year after approval and thereafter a review must
take place at intervals of not more than one year.
(4) When
undertaking a review, the registered person must –
(a) make enquiries and obtain information the
registered person considers necessary in order to
review whether the prospective adopter continues to be suitable to adopt a
child; and
(b) seek and take into account
the views of the prospective adopter.
(5) If,
at the conclusion of the review, the adoption service considers that the
prospective adopter may no longer be suitable to adopt a child, the registered
person must –
(a) prepare a written report (“the
prospective adopter’s review report”) which includes the adoption
service’s reasons;
(b) notify the prospective adopter that the case
is to be referred to the Adoption Panel; and
(c) give the prospective adopter a copy of the
report inviting the prospective adopter to send any observations to the adoption
service within 10 working days beginning with the date on which the report is
given to the prospective adopter.
(6) No
later than the end of the period of 10 working days referred to in paragraph (5)(c),
the registered person must send the prospective adopter’s review report
together with the prospective adopter’s observations to the Adoption Panel.
(7) The
registered person must obtain, so far as is reasonably practicable, any other
relevant information which may be required by the Adoption Panel and send that
information to the Panel.
(8) The registered person must ensure that the adoption
service makes a decision as to whether the prospective
adopter continues to be suitable to adopt a child, but only after the adoption
service has taken into account the recommendations of
the Adoption Panel following the Panel’s consideration of the prospective
adopter’s review report.
(9) The
registered person must ensure that no member of the Adoption Panel takes any part
in that decision.
(10) As
soon as possible after the adoption service has made its decision under
paragraph (8), the registered person must notify the prospective adopter
in writing of –
(a) the
decision and, if the adoption service no longer considers the prospective
adopter suitable to adopt a child, the reasons for that decision; and
(b) the
Adoption Panel’s recommendation if this is different from the adoption
service’s decision.
(11) The
registered person must keep a record of the decision.
53 Requirements
as to prospective adopter’s matching plan
For the purposes of
Article 14(3)(a) and (h) of the Law, where an adoption service has
approved a prospective adopter as suitable to adopt a child in accordance with
Regulation 51, the registered person must prepare a written plan
(the “prospective adopter’s matching plan”) in consultation with
the prospective adopter, which must include –
(a) information about the requirements under
Regulations 54 to 60;
(b) information about the role of the
prospective adopter in identifying a child for whom they would be an
appropriate adopter;
(c) information about the process for making a
representation or complaint; and
(d) having regard to any published standards, any
other matters that the adoption service considers relevant.
54 Requirements
in respect of child’s proposed placement
(1) This
Regulation applies for the purposes of –
(a) securing
the matters set out in Article 14(2)(b) and (c) of the Law; and
(b) Article 14(3)(a),
(f) and (h) of the Law.
(2) Where
an adoption service is considering placing a child for adoption with a
particular prospective adopter (the “proposed placement”) the registered
person must –
(a) provide
the prospective adopter with a copy of the child’s permanence report and
any other information the adoption service considers relevant;
(b) meet
with the prospective adopter to discuss the proposed placement;
(c) ascertain
the views of the prospective adopter about –
(i) the
proposed placement, and
(ii) the
arrangements the adoption service proposes to make for allowing any individual
contact with the child; and
(d) provide
a counselling service for, and, having regard to any published standards, provide
any further information to, the prospective adopter, as may be required.
(3) Where
the adoption service considers that the proposed placement should proceed, the registered
person must –
(a) where
the adoption service is the Adoption Service, arrange for an assessment of the
needs of the child and the prospective adopter and any children of the
prospective adopter (“the adoptive family”) to receive payment of
an allowance under Article 9 of the Adoption Law;
(b) where
the adoption service is an approved adoption society operating independently of
the Adoption Service –
(i) notify
the prospective adopter that the registered person may request the Adoption
Service to carry out an assessment of the child’s needs for payment of an
allowance under Article 9 of the Adoption Law, and
(ii) pass
to the Adoption Service, at the Adoption Service’s request, a copy of the
child’s permanence report and prospective adopter’s report;
(c) consider
the arrangements for allowing any person contact with the child; and
(d) prepare
a written report (the “adoption placement report”) which must
include –
(i) the
adoption service’s reasons for proposing the placement,
(ii) the
information obtained by the adoption service under paragraph (2),
(iii) where
the adoption service is the Adoption Service, proposals for the payment of any
allowance to the adoptive family under Article 9 of the Adoption Law,
(iv) the
arrangements, if any, which the adoption service proposes to make for allowing
any person contact with the child, and
(v) having regard to any
published standards, any other relevant information;
(e) notify
the prospective adopter that the proposed placement is to be referred to the Adoption
Panel;
(f) give
the prospective adopter a copy of the adoption placement report; and
(g) invite
the prospective adopter to send any observations in writing to the adoption
service within 10 working days, beginning with the date on which the
notification is sent.
(4) No
later than the end of the period of 10 working days the registered person must
send to the Adoption Panel –
(a) the
adoption placement report;
(b) the
child’s permanence report; and
(c) the
prospective adopter’s report and observations.
(5) The
registered person must –
(a) obtain,
so far as is reasonably practicable, any other relevant information which may
be requested by the Adoption Panel in connection with the proposed placement;
and
(b) send
that information to the Panel.
(6) This
paragraph applies where an adoption service (“service A”)
intends to refer a proposed placement to the Adoption Panel and an equivalent adoption
service in another jurisdiction (“service B”) made the
decision that –
(a) the
child should be placed for adoption; or
(b) the
prospective adopter is suitable to be an adoptive parent.
(7) Where
paragraph (7) applies, the registered person in respect of service A may
only refer the proposed placement to the Adoption Panel if service A has
consulted service B about the proposed placement.
(8) The
registered person in respect of service A must –
(a) where
paragraph (7)(a) applies, open a child’s case record; or
(b) where
paragraph (7)(b) applies, open a prospective adopter’s case record,
and must place on the
appropriate record the information and documents received from service B.
55 Requirements
in respect of adoption service’s decision in relation to proposed
placement
(1) This Regulation applies for the purposes of –
(a) securing
the matters set out in Article 14(2)(b) and (c) of the Law; and
(b) Article 14(3)(a),
(f) and (h) of the Law.
(2) The
registered person must ensure –
(a) that
the adoption service takes into account –
(i) any
recommendation of the Adoption Panel in coming to a decision about whether the
child should be placed for adoption with a particular prospective adopter, and
(ii) any
advice given by the Adoption Panel as to the arrangements the adoption service
should make for allowing any person to have contact with the child once that
child is placed for adoption; and
(b) that no member of the Adoption Panel takes
part in the adoption service’s decision.
(3) If
the adoption service decides that the proposed placement should proceed, the
registered person must as soon as possible after the adoption service has made
its decision, –
(a) notify in writing the prospective adopter,
of the decision;
(b) if their whereabouts are known to the adoption
service, notify in writing the parent or guardian;
(c) where Regulation 38(4) applies and the registered
person considers it is appropriate, notify in writing the father of the child
of the fact that the child is to be placed for adoption; and
(d) explain the decision
to the child in an appropriate manner having regard to the child’s age
and understanding.
(4) The
registered person must place on the child’s case record –
(a) the prospective adopter’s report;
(b) the adoption placement report and the
prospective adopter’s observations on that report;
(c) the written record of the proceedings of the
Adoption Panel, its recommendation, the reasons for its recommendation and any
advice given by the Panel to the adoption service; and
(d) the record and notification of the adoption
service’s decision.
56 Requirements
in respect of overseas adoption
(1) This
Regulation applies for the purposes of –
(a) securing
the matters set out in Article 14(2)(b) and (c) of the Law; and
(b) Article 14(3)(a)
and (f) of the Law.
(2) Where,
in an overseas adoption case, the adoption service receives from the foreign
adoption authority information about a child to be adopted by a prospective
adopter, the registered person must –
(a) send a copy of the information to the
prospective adopter unless the registered person is aware that the prospective
adopter has received a copy;
(b) consider that information and meet with the
prospective adopter to discuss the information; and
(c) if appropriate, provide a counselling
service for the prospective adopter; and
(d) having regard to any published standards,
provide any further information to the prospective adopter as may be required.
57 Requirements
before child may be placed for adoption
(1) This
Regulation applies for the purposes of –
(a) securing
the matters set out in Article 14(2)(b) and (c) of the Law; and
(b) Article 14(3)(a),
(f) and (h) of the Law.
(2) This
paragraph applies where –
(a) an adoption service has decided to place a
child for adoption with a particular prospective adopter; and
(b) the registered person has met with the
prospective adopter to consider the arrangements which the adoption service
proposes to make for the placement of the child with that individual.
(3) Where
paragraph (2) applies, the registered person must, as soon as possible,
send the prospective adopter a placement plan in respect of the child which
covers the matters specified in Schedule 3 (the “adoption placement
plan”).
(4) Where
the child in question is less than 6 weeks old, the registered person
must, if practicable, obtain the agreement to the placement for adoption in
writing of that child’s parent or guardian.
(5) Where
the child already has a home with the prospective adopter, the registered
person must notify the prospective adopter in writing of the date on which the
child is placed for adoption with that individual by the adoption service.
(6) The
registered person must, before the child is placed for adoption with the
prospective adopter, send to the prospective adopter’s general
practitioner written notification of the proposed placement and send with that
notification a written report of the child’s health history and current
state of health.
(7) The
registered person must –
(a) notify the prospective adopter in writing of
any change to the adoption placement plan; and
(b) place on the child’s case record –
(i) in
the case of a child who is less than 6 weeks old, a copy of any agreement
referred to in paragraph (4), and
(ii) a
copy of the adoption placement plan and any changes to that plan.
58 Requirements
as to reviews
(1) This
Regulation applies for the purposes of –
(a) securing
the matters set out in Article 14(2)(b) and (c) of the Law; and
(b) Article 14(3)(a),
(f) and (h) of the Law.
(2) Where
a child is not for the time being placed for adoption, the registered person
must carry out a review of the child’s case –
(a) not more than 3 months after the date
on which the adoption service first decides to place the child for adoption;
and
(b) thereafter and until the child is placed for
adoption, not more than 6 months after the date of the previous review.
(3) Paragraphs (4)
and (5) apply where a child is placed for adoption.
(4) Unless
the child is returned to the adoption service by the prospective adopter or an
adoption order is made, the registered person must carry out a review of the
child’s case –
(a) not more than 4 weeks after the date on
which the child is placed for adoption (the “first review”);
(b) not more than 3 months after the first
review; and
(c) thereafter not more than 6 months after
the date of the previous review.
(5) The
registered person must –
(a) arrange for the child and the prospective
adopter to be visited within one week of the placement and thereafter at least
once a week until the first review and thereafter, having regard to any
published standards, as frequently as the registered person decides at each review;
(b) ensure that written reports are made of the
visits; and
(c) provide advice and assistance to the
prospective adopter as the adoption service considers necessary.
(6) When
carrying out a review under this Regulation the registered person must –
(a) consider
each of the matters set out in paragraph (7); and
(b) so
far as is reasonably practicable, in relation to any of the matters set out in
paragraph (7) that the registered person considers appropriate, ascertain
the views of –
(i) the
child, having regard to the child’s age and understanding,
(ii) if
the child is placed for adoption, the prospective adopter, and
(iii) any
other person the adoption service considers relevant.
(7) The
matters referred to in paragraph (6) are –
(a) whether the adoption service remains
satisfied that the child should be placed for adoption;
(b) the child’s needs, welfare and
development, and whether any changes need to be made to the existing
arrangements to meet the child’s needs or assist the child’s development;
(c) the existing arrangements for contact, and
whether they should continue or be altered;
(d) the existing arrangements in relation to the
exercise of parental responsibility for the child, and whether they should
continue or be altered;
(e) in consultation with the appropriate
agencies, the existing arrangements for assessing and meeting the child’s
health care and educational needs; and
(f) the frequency of the reviews.
(8) The
registered person must ensure that the following matters are recorded in
writing and placed on the child’s case record –
(a) the information obtained in
the course of a review or visit in respect of a child’s case,
including the views expressed by the child;
(b) the details of the proceedings of any
meeting arranged by the registered person to consider any aspect of the review
of the case; and
(c) details of any decision made in the course of or as a result of
the review.
(9) Where
the child is returned to the adoption service, the registered person must
conduct a review of the child’s case no earlier than 28 days, or
later than 42 days, after the date on which the child is returned, and
when carrying out that review the registered person must consider the matters
set out in paragraph (7)(a), (b), (c) and (e).
59 Requirements
in respect of independent reviewing officers
(1) This Regulation applies for the purposes of –
(a) securing
the matters set out in Article 14(2)(b) and (c) of the Law; and
(b) Article 14(3)(a)
of the Law.
(2) In
the case of each child to be placed for adoption by the adoption service, the
registered person must appoint a person (the “independent
reviewing officer”) whose function is –
(a) as
far as is reasonably practicable, to attend any meeting held in connection with
the review of the child’s case under Regulation 58; and
(b) to chair
any meeting so attended.
(3) The
independent reviewing officer appointed under paragraph (2) must be a
social worker –
(a) who works
under the direction or supervision of the registered manager of the independent monitoring
and reviewing service referred to in paragraph 10 of
Schedule 1 to the Law; and
(b) who has sufficient
relevant social work experience in relation to adoption
cases.
(4) The
registered person must inform the independent reviewing officer of –
(a) any significant failure to make the
arrangements agreed at a review under Regulation 58; and
(b) any significant change in the child’s
circumstances after a review.
60 Requirements
in respect of case records
(1) This
Regulation applies for the purposes of Article 14(3)(a) and (f) of the
Law.
(2) The
registered person must ensure that the child’s case record and the
prospective adopter’s case record and the contents of those case records
are at all times kept in secure conditions and in particular
that all appropriate measures are taken to prevent the theft,
unauthorised disclosure, loss, or destruction of, or damage to, the case record
or its contents.
(3) The
registered person must keep the child’s case record and the prospective
adopter’s case record for not less than 75 years.
(4) The
registered person must treat the contents of the child’s case record and
the prospective adopter’s case record as confidential.
61 Requirements
as to access to case records and disclosure of information
(1) This
Regulation applies for the purposes of Article 14(3)(a), (f) and (h) of
the Law.
(2) This
paragraph applies where, despite Regulation 60, an adoption service gives
access to its case records or discloses information in its possession, as may
be required –
(a) by,
and to the extent specified in, these Regulations for the purposes of carrying
out its functions as an adoption service;
(b) by
the Commission in the exercise of its functions under the Law or these
Regulations; or
(c) by
the Court in the exercise of powers to make orders under the Adoption Law or
Children Law.
(3) Where
paragraph (2) applies, the registered person must keep a written record of
any access provided or disclosure made.
62 Requirements
in respect of the transfer of case records
(1) This
Regulation applies for the purposes of Article 14(3)(a), (f) and (h) of
the Law.
(2) Where
a registered person transfers a copy of a child’s case record or
prospective adopter’s case record (or part of that record) to an equivalent
adoption service in another jurisdiction, a written record must be kept of any
transfer.
part 7[69]
fostering service
63 Application
and interpretation of Part
(1) This Part applies where the regulated activity is a fostering service.
(2) In this
Part –
(a) “Minister”
means the Minister for Children and Families;
(b) “Placement
Regulations” means the Children (Placement) (Jersey)
Regulations 2005; and
(c) words
or expressions not otherwise defined in the Law or
these Regulations have the same definitions as given in the Children Law or the
Placement Regulations, as the case may be.[70]
64 Requirements
in respect of children’s welfare
(1) This Regulation applies
for the purposes of –
(a) securing
the matters set out in Article 14(2)(b) and (c) of the Law; and
(b) Article 14(3)(a)
of the Law.
(2) The registered person
must ensure that –
(a) the
welfare of children placed or to be placed with foster parents is safeguarded
and promoted at all times; and
(b) before
making any decision affecting a child placed or to be placed with a foster
parent, due consideration is given to the child’s –
(i) wishes
and feelings (having regard to the child’s age and understanding), and
(ii) religious
persuasion, racial origin and cultural and linguistic background.
65 Requirements
as to arrangements for the protection of children placed with foster parents
(1) This Regulation applies
for the purposes of –
(a) securing
the matters set out in Article 14(2)(a), (b) and (d) of the Law; and
(b) Article 14(3)(a)
of the Law.
(2) The registered person
must prepare and implement a written policy which –
(a) is
intended to safeguard children placed with foster parents from abuse or neglect;
and
(b) sets
out the procedure to be followed in the event of any allegation of abuse or
neglect.
66 Requirements
as to behaviour management and children missing from foster parent’s home
(1) This Regulation applies
for the purposes of –
(a) securing
the matters set out in Article 14(2)(b) and (d) of the Law; and
(b) Article 14(3)(a)
of the Law.
(2) The registered person
must prepare and implement a written policy on acceptable measures of control,
restraint and discipline of children placed with foster parents.
(3) The registered person
must ensure that foster parents are aware of, and understand the effect of,
Article 79 (abolition of defence of reasonable
corporal punishment) of the Children Law.
(4) The registered person
must take all reasonable steps to ensure that –
(a) no
child placed with a foster parent is exposed to any measure of control,
restraint or discipline which is excessive or unreasonable; and
(b) restraint
is used on a child only where it is necessary to prevent injury to the child or
other persons, or serious damage to property.
(5) The registered person
must prepare, implement, review and where necessary revise a policy, which is
agreed with the States of Jersey Police Force, setting out –
(a) the
measures to be taken to prevent a child placed with foster parents from going
missing from the child’s placement; and
(b) the
procedure to be followed when a child is missing from a foster parent’s
home unexpectedly or without permission.
67 Requirement
to promote contact in respect of child placed with foster parents
(1) This
Regulation applies for the purposes of –
(a) securing
the matters set out in Article 14(2)(b) of the Law; and
(b) Article 14(3)(a)
of the Law.
(2) The registered person
must, having regard to the provisions of the child’s personal plan and
any order of the Court relating to contact, promote contact between a child
placed with a foster parent and the child’s parents, relatives, and
friends unless the contact is not reasonably practicable or consistent with the
child’s welfare.
68 Requirement
to promote health of children placed with foster parents
(1) This Regulation applies
for the purposes of –
(a) securing
the matters set out in Article 14(2)(b) and (c) of the Law; and
(b) Article 14(3)(a)
of the Law.
(2) The registered person
must promote the health and development of children placed with foster parents.
(3) In
particular the registered person must ensure that each child so
placed –
(a) is registered
as a patient with a registered medical practitioner;
(b) has
access to any medical, dental, nursing, psychological and psychiatric or other mental
health advice, treatment and other services as the child may require;
(c) is
provided with any individual support, aids and equipment which the child may
require as a result of any particular
health needs or disability the child may have; and
(d) is
provided with guidance, support and advice on health, personal care and health
promotion issues appropriate to the child’s needs and wishes.
69 Requirement
to promote the educational achievement of children placed with foster parents
(1) This
Regulation applies for the purposes of –
(a) securing
the matters set out in Article 14(2)(c) of the Law; and
(b) Article 14(3)(a)
of the Law.
(2) The registered person
must promote the educational achievement of children placed with foster
parents.
(3) In particular the registered person must –
(a) implement a procedure for monitoring the
educational achievement, progress and school attendance of children placed with
foster parents;
(b) promote the regular school attendance and
participation in school activities of children of compulsory school age placed
with foster parents; and
(c) provide foster parents with any information
and assistance, including equipment, that may be necessary to meet the
educational needs of children placed with them.
(4) The registered person
must ensure that any education provided for any child placed with a foster
parent who is of compulsory school age, but who is not attending school, is delivered
efficiently and suitable to the child’s age, ability, aptitude and any
special educational needs the child may have.
(5) The registered person
must ensure that foster parents promote the leisure interests of children
placed with them.
(6) Where any child placed
with a foster parent is above compulsory school age, the registered person must
assist with the making of, and give effect to, the arrangements made for the
child’s education, training and employment.
70 Requirement
to provide support, training and information for foster parents
(1) This
Regulation applies for the purposes of –
(a) securing
the matters set out in Article 14(2)(b) of the Law; and
(b) Article 14(3)(a)
and (c) of the Law.
(2) The registered person
must provide foster parents with the training, advice, information and support,
including support outside office hours, as appears necessary in the interests
of children placed with them.
(3) The registered person
must take all reasonable steps to ensure that foster parents are familiar with,
and act in accordance with, the policies established in accordance with Regulations 65(2)
and 66(2) and (5).
(4) The registered person
must ensure that, in relation to any child placed or to be placed with a foster
parent, the foster parent is given information, which is kept up to date, to
enable the foster parent to provide appropriate care for the child, and in
particular that each foster parent is provided with a copy of the most recent
version of the child’s personal plan.
71 Requirements
in respect of complaints procedure
(1) This
Regulation applies for the purposes of Article 14(3)(a) and (k) of the
Law.
(2) The
registered person must, in respect of the written procedure established under
Regulation 22, ensure that the procedure includes a procedure for considering
complaints or representations made by or on behalf of children placed by the fostering
service, and by foster parents approved by the fostering service.
(3) The
procedure must, in particular, provide –
(a) for complaints to be made by a person acting
on behalf of a child; and
(b) for the procedure to be made known to –
(i) children
placed by the fostering service (having regard to their age and understanding),
(ii) the
parents of those children, and
(iii) persons
working for, or on behalf of, the fostering service, including foster parents.
(4) The
registered person must ensure that –
(a) children are enabled to make a complaint or
representation; and
(b) no child is exposed to any reprisal for
making a complaint or representation.
72 Requirements
in respect of fostering panel
(1) This Regulation applies
for the purposes of –
(a) securing
the matters set out in Article 14(2)(a) and (d) of the Law; and
(b) Article 14(3)(a)
and (b) of the Law.
(2) The registered person
must maintain a list of individuals who are considered by the registered person
to be suitable to be members of a fostering panel, including one or more social
workers who have at least 3 years’ relevant post-qualifying
experience.
(3) The registered person
must ensure that –
(a) members
of the fostering panel have between them the experience and expertise necessary, to
discharge the functions of the panel effectively; and
(b) an
individual who is independent of the fostering service is appointed to chair
the fostering panel.
(4) For the purposes of
this Regulation and Regulation 73, an individual is not independent of the
fostering service if the individual –
(a) is currently
approved as a foster parent;
(b) is employed
by a Department or agency of the States in connection
with the provision of a social work service for children and young people;
(c) has
a financial interest in the fostering service or receives any payment from the fostering
service in connection with the provision of services to the fostering service
(other than for services as an independent person); or
(d) is
a member of the States.
73 Requirements in respect of meetings of
the fostering panel
(1) For the purposes of
Article 14(3)(a) of the Law, the registered person must ensure that no
business is conducted by the fostering panel unless at least the following meet
as the panel –
(a) the
individual appointed to chair the panel, or another individual (the “vice
chair”) appointed to act if the individual appointed to chair the panel is absent or that
office is vacant;
(b) one
member who is a social worker who has at least 3 years’ relevant
post-qualifying experience; and
(c) 3 other
members.
(2) Where the chair is not
present and the vice chair who is present is not independent of the fostering
service, the registered person must ensure that at least one of the other panel
members is independent of the fostering service.
(3) The registered person
must ensure that the fostering panel makes a written record of its proceedings
and the reasons for any recommendations made under Regulation 74.
74 Requirements as to the discharge of
fostering panel’s functions
(1) This Regulation applies
for the purposes of –
(a) securing
the matters set out in Article 14(2)(a) and (d) of the Law; and
(b) Article 14(3)(a)
and (b) of the Law.
(2) The registered person
must ensure that the fostering panel carries out the following functions –
(a) to consider whether or not
to recommend that an individual is suitable to be approved as a foster parent
in accordance with Regulation 14 (approval of foster parents) of the
Placement Regulations;
(b) where
the fostering panel recommends approval, to recommend the terms of any specification
mentioned in Regulation 14(5) of the Placement Regulations in respect of
which the approval is to be given;
(c) to
recommend whether or not an individual remains
suitable to be a foster parent, and whether or not the
terms of the specification of the individual’s approval (if any) remain
appropriate on the occasion of any review carried out
in accordance with Regulation 15 (reviews and termination of approval) of
the Placement Regulations;
(d) in
a case where the recommendations of an independent review have been referred to
the panel in accordance with the procedures established under
Regulation 75, to consider whether or not to
recommend –
(i) that
an individual is, or remains suitable to, approved as a foster parent, or
(ii) that
the terms of a foster parent’s specification should be revised; and
(e) to
advise and make recommendations on any other matters or cases as the registered
person may refer to the panel.
(3) The registered person
must ensure that no member of the fostering panel takes any part in any
decision made by the Minister under Regulations 14 and 15 of the Placement
Regulations.
(4) The registered person
must obtain any information the fostering panel requires and send that
information to the panel.
(5) In this Regulation “advise”
and “recommend” means advise, or recommend to, the Minister.
75 Requirements
where people are not approved, or no longer approved as foster parents
(1) This Regulation applies
for the purposes of Article 14(3)(a) and (k) of the Law.
(2) This Regulation applies
where the Minister gives notice of the Minister’s decision –
(a) under
Regulation 14(7) of the Placement Regulations, not to approve an
individual as a foster parent;
(b) under
Regulation 15(3) of the Placement Regulations, to revise the terms of a
foster parent’s specification mentioned in Regulation 14(5) of those
Regulations; or
(c) under
Regulation 15(3) of the Placement Regulations, to terminate an
individual’s approval as a foster parent.
(3) The registered person
must, having regard to any published standards, establish a
procedure –
(a) for
receiving representations from an individual affected by any decision mentioned
in paragraph (2);
(b) for a
timely independent review of any decision; and
(c) for
any recommendations of that review to be referred to, and considered by, the
fostering panel in a timely fashion.
76 Requirement
to comply with Placement Regulations
For the purposes of Article 14 of the Law, the registered
person must ensure that the fostering service discharges the functions of the
Minister in accordance with Part 4 (placement with foster parents), Part 5
(records) and Part 6 (miscellaneous provisions) of the Placement
Regulations.
part 8[71]
Regulated activities under paragraphs 9
to 11 of Schedule 1 to the Law
77 Requirement
in respect of provision of a social work service for children and young people
(1) This
Article applies where the regulated activity is the provision of a social work
service for children and young people, and for the purposes of Article 14
of the Law.
(2) Where the regulated
activity is provided in connection with paragraph 9(3) of Schedule 1
to the Law, the registered person must discharge the relevant Minister’s
functions in accordance with the relevant enactment.
(3) In
paragraph (2) –
“relevant Minister” means the
Minister for the time being assigned responsibility for the functions of the
Minister in the relevant enactment;
“relevant enactment” in this
Regulation and in Regulation 78 means an enactment in relation to children
or young people.
78 Requirement
in respect of provision of an independent monitoring and review service in
respect of looked after children’s cases
(1) This Article applies
where the regulated activity is the provision of a service for the independent
monitoring and review of looked after children’s cases, and for the
purposes of Article 14 of the Law.
(2) The registered person
must discharge the functions of the Minister for Children and Families in
relation to the monitoring and review of looked after children’s cases in
accordance with the relevant enactment.[72]
79 Requirements
in respect of provision of a child contact centre service
(1) This Regulation applies
where the regulated activity is the provision of a child contact centre service
and for the purposes of –
(a) securing
the matters set out in Article 14(2)(b) of the Law; and
(b) Article 14(3)(a)
of the Law.
(2) The registered person
must ensure that a worker always directly supervises contact between a child
and any of the people listed in paragraph 11(2) of Schedule 1 to the
Law.
(3) For the purposes of
paragraph (2), direct supervision requires that the worker must either be
physically present in the same room or have a constant line of sight into the
room either through a window or by video-link.
part 9[73]
miscellaneous
80 Requirement
for Commission to carry out certain inspections
(1) The Commission must
carry out inspections at least once every 12 months of regulated
activities for one or more of the following purposes –
(a) to
monitor compliance with the Law and these Regulations;
(b) to
review and evaluate the effectiveness of the regulated activity against the
Commission’s published standards; and
(c) to
encourage improvement in the provision of the regulated activity.
(2) However, this
Regulation does not apply in the case of a regulated activity carried on by a
registered person who is an individual directly employed by, or personally in
receipt of any reward from, the service user for the service provided.
(3) [74]
(4) [75]
(5) [76]
81 Compliance with Regulations
Unless these Regulations
provide otherwise, every requirement of these Regulations applies to all
registered persons irrespective of there being more than one person providing
the regulated activity concerned.
82 Offences and improvement notices
(1) A person commits an
offence if that person –
(a) contravenes
a requirement of these Regulations; and
(b) fails
to comply with an improvement notice within the period specified in the notice
for compliance with it.
(2) An improvement notice
is a notice –
(a) informing
the registered person that these Regulations have been contravened;
(b) specifying
the time frame within which remedial action must be taken; and
(c) explaining
the consequences of a failure to take that remedial action.
(3) A person who
contravenes a requirement of these Regulations commits an offence where, as a result of the contravention, a service user has
suffered, or was at significant risk of suffering, serious harm.
(4) Where the Commission
has served an improvement notice under this Regulation it must publish the fact.
(5) A person who commits an
offence under this Regulation is liable to a fine of £50,000.
83 Expiry
of Regulations 3A, 17A and 80(3) to (5)
Regulations 3A, 17A and 80(3) to (5) expire at the end of 30th September 2022.
84 Citation
These Regulations may be cited as the Regulation of Care (Standards
and Requirements) (Jersey) Regulations 2018.