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Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.
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19 provisions
Title and introductory text
This Statutory Instrument has been made in consequence of errors in S.I. 2015/551 and is being issued free of charge to all known recipients of that Statutory Instrument
2024 No. 315
Children And Young Persons, England
The Registration and Inspection of Education, Children’s Services and Skills (Fees and Frequency of Inspections) (England) (Amendment) Regulations 2024
Made
6th March 2024
Laid before Parliament
8th March 2024
Coming into force in accordance with regulations 1(2) and (3)
The Secretary of State for Education makes the following Regulations in exercise of the powers conferred by sections 87D(2) and 104(4)(a) of the Children Act 1989, sections 12(2), 15(3), 16(3), 31(7) and 118(5) and (6) of the Care Standards Act 2000 and sections 155(1) and (2) and 181(2)(a) and (b) of the Education and Inspections Act 2006.
Propose a change1 Citation, commencement and extent
(1) These Regulations may be cited as the Registration and Inspection of Education, Children’s Services and Skills (Fees and Frequency of Inspections) (England) (Amendment) Regulations 2024.
(2) These Regulations come into force on 1st April 2024, subject to paragraph (3).
(3) Regulations 16(4) to (6) come into force on 1st September 2024.
(4) These Regulations extend to England and Wales.
Propose a change2 Interpretation
In these Regulations—
(a) “the Registration Regulations” means the Care Standards Act 2000 (Registration) (England) Regulations 2010;
(b) “the Fees and Frequency of Inspections Regulations” means the Her Majesty’s Chief Inspector of Education, Children’s Services and Skills (Fees and Frequency of Inspections) (Children’s Homes etc.) Regulations 2015.
Propose a change3 Amendments to the Registration Regulations
The Registration Regulations are amended in accordance with the following provisions of this Part.
Propose a change4 Amendment to regulation 2
In regulation 2 (interpretation), in paragraph (1), at the appropriate point in the alphabetical order insert—
“secure children’s home” means—
a children’s home provided for the purpose of restricting liberty and approved for that purpose in accordance with regulation 3 of the Children (Secure Accommodation) Regulations 1991; or
a secure 16 to 19 Academy approved under section 1B(4) of the Academies Act 2010;
.
Propose a change5 Amendment to regulation 7
(1) Regulation 7 (registers) is amended as follows.
(2) In paragraph (5), for “paragraph (6)” substitute “paragraphs (6) and (7)”.
(3) After paragraph (6), insert—
(7) Paragraph (5) does not apply in relation to a secure children’s home.
.
Propose a change6 Amendment to Schedule 1
In Schedule 1 (information to be supplied on an application for registration as a person who carries on an establishment, agency, holiday scheme for disabled children or supported accommodation undertaking), omit paragraph 4(a).
Propose a change7 Amendment to Schedule 2
In Schedule 2 (documents to be supplied on an application for registration as a person who carries on an establishment, agency, holiday scheme for disabled children or supported accommodation undertaking), for sub-paragraphs (1) and (2) of paragraph 3 substitute—
(1) Subject to sub-paragraph (2), a statement by the responsible person as to the state of their physical and mental health.
(2) Where requested by the CI, a report by a general medical practitioner as to whether the responsible person is physically and mentally fit to carry on an establishment, agency, holiday scheme for disabled children or supported accommodation undertaking of the same description as the establishment, agency, holiday scheme for disabled children or supported accommodation undertaking.
.
Propose a change8 Amendment to Schedule 3
In Schedule 3 (information and documents to be supplied on an application for registration as the manager of an establishment, agency, holiday scheme for disabled children or supported accommodation undertaking), for sub-paragraphs (1) and (2) of paragraph 11 substitute—
(1) Subject to sub-paragraph (2), a statement by the applicant as to the state of their physical and mental health.
(2) Where requested by the CI, a report by a general medical practitioner as to whether the applicant is physically and mentally fit to manage an establishment, agency, holiday scheme for disabled children or supported accommodation undertaking of the same description as the establishment, agency, holiday scheme for disabled children or supported accommodation undertaking.
.
Propose a change9 Amendments to the Fees and Frequency of Inspections Regulations
The Fees and Frequency of Inspections Regulations are amended in accordance with the following provisions of this Part.
Propose a change10 Amendment to regulation 2
In regulation 2 (interpretation), in paragraph (b) of the definition of “secure children’s home”, omit “(b)” the second time it occurs.
Propose a change11 Amendment to regulation 6
In regulation 6 (children’s homes)—
(a) in paragraph (1), omit the words “or a children’s home that is not a small children’s home”;
(b) after paragraph (1), insert—
(1A) Where the application is for registration as the person who carries on a children’s home that is not a small children’s home, the fee is £3284.
.
Propose a change12 Amendment to regulation 18
In regulation 18 (interpretation and introductory), in paragraph (2)(b), after “regulations 20 to 25” insert “and 26A”.
Propose a change13 Amendment to regulation 19
In regulation 19 (boarding schools, residential colleges and residential special schools)—
(a) in sub-paragraph (3)(b) and (c), for “17” substitute “13”;
(b) in sub-paragraph (3)(b)(ii), for “17th” substitute “13th”.
Propose a change14 Amendment to regulation 23
In regulation 23 (children’s homes)—
(a) in sub-paragraphs (1)(b) and (c), for “20” substitute “16”;
(b) in sub-paragraph (1)(b)(ii), for “20th” substitute “16th”.
Propose a change15 Insertion of regulation 26A
After regulation 26 (local authority adoption and fostering functions), insert—
Supported accommodation undertakings
26A (1) The annual fee payable in respect of a small supported accommodation undertaking is £2,700.
(2) The annual fee payable in respect of a large supported accommodation undertaking is £3,000.
.
Propose a change16 Amendment to regulation 27
(1) Regulation 27 (frequency of inspections) is amended as follows.
(2) In paragraph (3A), after sub-paragraph (b) insert—
(c) which does not record a judgment on the overall experiences and progress of children and young people living in a children’s home because there are no children and young people living in the home at the time of the inspection, no further inspection will be required in that year unless the Chief Inspector determines that a further inspection is required.
.
(3) In paragraph (3B), for “subsection” substitute “paragraph”.
(4) After paragraph (3B), insert—
(3C) The Chief Inspector must arrange for premises which are used for the purposes of a supported accommodation undertaking to be inspected at least once in the first inspection cycle and thereafter at least once in each subsequent inspection cycle.
.
(5) In paragraph (4), for “paragraph (1)” substitute “paragraphs (1) and (3C)”.
(6) In paragraph (5), after sub-paragraph (c) insert—
(d) “first inspection cycle” means:
(i) for a supported accommodation undertaking registered by the Chief Inspector before 1st April 2024, the period commencing with 1st September 2024 and ending with 31st March 2027;
(ii) for a supported accommodation undertaking registered by the Chief Inspector on or after 1st April 2024, the period commencing with 1st April following the date on which the supported accommodation undertaking was registered and ending 36 months later;
(e) “subsequent inspection cycle” means the period commencing with 1st April following the date on which the supported accommodation undertaking was last inspected and ending 36 months later.
.
Propose a change17 Substitution of certain fees payable under the Fees and Frequency of Inspections Regulations
In each provision of the Fees and Frequency of Inspections Regulations specified in column 1 of the table in the Schedule, for the amount specified in column 2 (old fee) substitute the amount specified in column 3 (new fee).
Propose a changeSCHEDULE Substitution of certain fees payable under the Fees and Frequency of Inspections Regulations
Regulation 17
Provision of the Fees and Frequency of Inspections Regulations (1) | Old fee (2) | New fee (3)
Regulation 4 (registration fees: voluntary adoption agencies)
Paragraph (1)(a) | £2959 | £3551
Paragraph (1)(b)(i) | £2959 | £3551
Paragraph (1)(b)(ii) | £807 | £968
Paragraph (2)(a) | £807 | £968
Paragraph (2)(b)(i) | £2959 | £3551
Paragraph (2)(b)(ii) | £807 | £968
Regulation 5 (registration fees: adoption support agencies)
Paragraph (1) | £2959 | £3284
Paragraph (2) | £807 | £968
Paragraph (3) | £807 | £821
Regulation 6 (registration fees: children’s homes)
Paragraph (1) | £3202 | £3842
Paragraph (2) | £1162 | £1394
Regulation 7 (registration fees: residential family centres)
Paragraph (1) | £3202 | £3284
Paragraph (2) | £969 | £1163
Regulation 8 (registration fees: fostering agencies)
Paragraph (1) | £3202 | £3284
Regulation 9A (registration fees: supported accommodation undertakings)
Paragraph (3) | £900 | £910
Regulation 12 (variation fees: voluntary adoption agencies)
Paragraph (1)(b) | £807 | £821
Paragraph (2)(b) | £807 | £821
Paragraph (3) | £134 | £161
Regulation 13 (variation fees: adoption support agencies)
Paragraph (2) | £807 | £821
Paragraph (3) | £134 | £161
Regulation 14 (variation fees: children’s home)
Paragraph (3) | £194 | £233
Regulation 15 (variation fees: residential family centres)
Paragraph (3) | £161 | £193
Regulation 16 (variation fees: fostering agencies)
Paragraph (2) | £194 | £233
Regulation 16A (variation fees: supported accommodation settings)
Paragraph (2) | £176 | £211
Regulation 19 (annual fees: boarding schools, residential colleges and residential special schools)
Paragraph (1)(a) | £1019 | £1223
Paragraph (1)(b)(i) | £1019 | £1223
Paragraph (1)(b)(ii) | £62 | £74
Paragraph (1)(c) | £1601 | £1921
Paragraph (1)(d) | £2240 | £2688
Paragraph (1)(e) | £2690 | £2856
Paragraph (2)(a) | £1356 | £1627
Paragraph (2)(b)(i) | £1356 | £1627
Paragraph (2)(b)(ii) | £83 | £100
Paragraph (2)(c) | £2001 | £2401
Paragraph (3)(a) | £2494 | £2993
Paragraph (3)(b)(i) | £2494 | £2993
Paragraph (3)(b)(ii) | £249 | £299
Regulation 20 (annual fees: voluntary adoption agencies
Paragraph (1)(a) | £2044 | £2453
Paragraph (1)(b)(i) | £2044 | £2453
Paragraph (1)(b)(ii) | £1084 | £1301
Paragraph (2)(a) | £1084 | £1301
Paragraph (2)(b)(i) | £2044 | £2453
Paragraph (2)(b)(ii) | £1084 | £1301
Regulation 21 (annual fees: adoption support agencies)
Paragraph (2) | £1084 | £1301
Regulation 22 (annual fees: fostering agencies
Paragraph (1) | £3424 | £3658
Regulation 23 (annual fees: children’s home)
Paragraph (1)(a) | £3120 | £3744
Paragraph (1)(b)(i) | £3120 | £3744
Paragraph (1)(b)(ii) | £311 | £373
Paragraph (1A)(a) | £4679 | £5615
Paragraph (1A)(b)(i) | £4679 | £5615
Paragraph (1A)(b)(ii) | £311 | £373
Regulation 26 (local authority adoption and fostering functions)
Paragraph (1)(a) | £2059 | £2471
Propose a change