Her Majesty’s Chief Inspector of Education, Children’s Services and Skills (Fees and Frequency of Inspections) (Children’s Homes etc) Regulations 2007 (as amended) (Statutory Instrument 2007/694)

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PART 1 – General
Regulation 1 – citation, commencement and application
Regulation 2 – Interpretation

PART 2 – Registration fees
Regulation 3 – Voluntary adoption agencies
Regulation 4 – Adoption support agencies
Regulation 5 – Children’s homes
Regulation 6 – Residential family centres
Regulation 7 – Fostering agencies

PART 3 – Variation fees
Regulation 8 – Interpretation
Regulation 9 – Voluntary adoption agencies
Regulation 10 – Adoption support agencies
Regulation 11 – Children’s homes
Regulation 12 – Residential family centres
Regulation 13 – Fostering agencies

PART 4 – Annual fees
Regulation 14 – Voluntary adoption agencies
Regulation 15 – Adoption support agencies
Regulation 16 – Fostering agencies
Regulation 17 – Children’s homes, residential family centres, boarding schools, residential colleges and residential special schools
Regulation 18 – Local authority adoption and fostering functions

PART 5 – Frequency of Inspections
Regulation 19 – Frequency of inspections

 

PART 1 - General

Regulation 1 - Citation, commencement and application
(1) These Regulations may be cited as the Her Majesty’s Chief Inspector of Education, Children’s Services and Skills (Fees and Frequency of Inspections) (Children’s Homes etc.) Regulations 2007 and come into force on 1st April 2007.

(2) These Regulations apply in relation to England only.

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Regulation 2 - Interpretation
In these Regulations—

“the 1984 Act” means the Residential Care Homes Act 1984;

“the 1989 Act” means the Children Act 1989;

“the 2000 Act” means the Care Standards Act 2000;

“approved place” means—

(a) in relation to a children’s home, boarding school, residential college or residential special school, a bed provided for the use of a service user at night; or

(b) in relation to a residential family centre, overnight accommodation which is appropriate to a single family;

“boarding school” means a school (not being a residential special school or a school which is a children’s home or care home) providing accommodation for any child, and “school” has the meaning given to it in section 4 of the Education Act 1996;

“branch” means a branch which is not a small branch;

“certificate” means a certificate of registration;

“Chief Inspector” means Her Majesty’s Chief Inspector of Education, Children’s Services and Skills;

“existing provider” means a person who immediately before 1st April 2002 was registered under Part 1 or 2 of the 1984 Act in respect of a residential care home or a nursing home, carried on a home that was registered in a register kept for the purposes of section 60 of the 1989 Act or carried on a home that was registered under Part 8 of the 1989 Act;

“new provider” means a person who—

(a) carries on a children’s home and first carried on that home after 1st April 2002;

(b) carries on a voluntary adoption agency and first carried on that agency on or after 30^th April 2003;

“previously exempt provider” means a provider who immediately before 1st April 2002 carried on an establishment other than a residential care home or nursing home in respect of which a person was required to be registered under Part 1 or 2 of the 1984 Act or a home that was required to be registered in a register kept for the purposes of section 60 of the 1989 Act or under Part 8 of that Act;

“principal office” means a principal office which is not a small principal office;

“registered provider” in relation to an establishment or agency means a person who is registered under Part 2 of the 2000 Act as the person carrying on the establishment or agency;

“relevant number of staff” means—

(a) in the case of a voluntary adoption agency, seven full-time staff or the equivalent, excluding the manager or, as the case may be, branch manager, appointed in accordance with the Voluntary Adoption Agencies and the Adoption Agencies (Miscellaneous Amendments) Regulations 2003;

(b) in the case of an adoption support agency, two full-time staff or the equivalent, excluding the manager appointed in accordance with the Adoption Support Agencies (England) and Adoption Agencies (Miscellaneous Amendments) Regulations 2005 or anyone employed solely as a receptionist or administrator;

“residential college” means a college as defined in section 87(10) of the 1989 Act which provides accommodation for any child;

“residential special school” means—

(a) a special school within the meaning of sections 6(2) and 337 of the Education Act 1996;

(b) an independent school for the time being approved under section 347(1) of the Education Act 1996; or

(c) an independent school not falling within (b) which has as its sole or main purpose the provision of places, with the consent of the Secretary of State, for pupils with special educational needs or who are in public care, and which provides accommodation for any child;

“small adoption support agency” means an adoption support agency where no more than the relevant number of staff are employed at any one time;

“small branch” means a branch where no more than the relevant number of staff are employed at any one time as social workers within the meaning of Part 4 of the 2000 Act;

“small children’s home” means a children’s home which has fewer than four approved places;

“small principal office” means a principal office where no more than the relevant number of staff are employed at any one time as social workers within the meaning of Part 4 of the 2000 Act;

“small residential family centre” means a residential family centre which has fewer than four approved places.

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PART 2 - Registration fees

Regulation 3 - Voluntary adoption agencies
(1) For the purposes of section 12(2) of the 2000 Act, the fee to accompany an application by a voluntary organisation seeking to be registered under Part 2 of the 2000 Act as the person who carries on a voluntary adoption agency shall, subject to paragraph (2), be—

(a) £1,518; and, where applicable,

(b) if the voluntary adoption agency has, in addition to its principal office, a branch or, as the case may be, a small branch, an additional sum of—

(i) £1518 in respect of each branch; and

(ii) £414 in respect of each small branch.

(2) Where the voluntary adoption agency has a small principal office, the fee shall be—

(a) £414; and, where applicable,

(b) if the voluntary adoption agency has, in addition to its small principal office, a branch or, as the case may be, a small branch, an additional sum of—

(i) £1,518 in respect of each branch; and

(ii) £414 in respect of each small branch.

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Regulation 4 - Adoption support agencies
(1) For the purposes of section 12(2) of the 2000 Act, the fee to accompany an application by a person seeking to be registered under Part 2 of the 2000 Act as the person who carries on an adoption support agency shall, subject to paragraph (2), be £1,518.

(2) Where the adoption support agency is a small adoption support agency the fee shall be £414.

(3) For the purposes of section 12(2) of the 2000 Act, the fee to accompany an application by a person seeking to be registered under Part 2 of the 2000 Act as the person who manages an adoption support agency other than a small adoption support agency shall be £414.

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Regulation 5 - Children’s homes
(1) For the purposes of section 12(2) of the 2000 Act, the fee to accompany an application by a person seeking to be registered under Part 2 of the 2000 Act as the person who carries on a children’s home shall, subject to paragraph (2), be £2,186.

(2) Where the children’s home is a small children’s home the fee shall be £596.

(3) For the purposes of section 12(2) of the 2000 Act, the fee to accompany an application by a person seeking to be registered under Part 2 of the 2000 Act as the person who manages a children’s home other than a small children’s home shall be £596.

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Regulation 6 – Residential family centres
(1) For the purposes of section 12(2) of the 2000 Act, the fee to accompany an application by a person seeking to be registered under Part 2 of the 2000 Act as the person who carries on a residential family centre shall, subject to paragraph (2), be £1,822.

(2) Where the residential family centre is a small residential family centre the fee shall be £497.

(3) For the purposes of section 12(2) of the 2000 Act, the fee to accompany an application by a person seeking to be registered under Part 2 of the 2000 Act as the person who manages a residential family centre other than a small residential family centre shall be £497.

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Regulation 7 - Fostering agencies
(1) For the purposes of section 12(2) of the 2000 Act, the fee to accompany an application by a person seeking to be registered under Part 2 of the 2000 Act as the person who carries on a fostering agency shall, subject to paragraph (2), be £2,186.

(2) For the purposes of section 12(2) of the 2000 Act, the fee to accompany an application by a person seeking to be registered under Part 2 of the 2000 Act as the person who manages a fostering agency shall be £596.

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PART 3 - Variation fees

Regulation 8 – Interpretation
In this Part “minor variation” means a variation which, in the opinion of the Chief Inspector, if the application for the variation of the condition were granted would involve no material alteration to the register kept by the Chief Inspector in accordance with regulations made under section 11(4) of the 2000 Act.

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Regulation 9 – Voluntary adoption agencies
(1) For the purposes of section 15(3) of the 2000 Act, the fee to accompany an application by the registered provider in relation to a voluntary adoption agency under section 15(1)(a) of the 2000 Act shall, subject to paragraphs (2) and (3), be—

(a) £759, unless sub-paragraph (b) applies; or

(b) where the application is for the variation or removal of a condition for the time being in force in relation to an agency that has a small principal office only, £414.

(2) Where the application is an application for the variation or removal of a condition for the time being in force which relates to the establishment of a branch or small branch, the fee shall be—

(a) £759 in respect of each proposed new branch; and

(b) £414 in respect of each proposed new small branch.

(3) In the case of an application for the variation of a condition for the time being in force where the variation of the condition is a minor variation, the fee shall be £69.

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Regulation 10 – Adoption support agencies
(1) For the purposes of section 15(3) of the 2000 Act, the fee to accompany an application by the registered provider in respect of an adoption support agency under section 15(1)(a) of the 2000 Act shall, subject to paragraphs (2) and (3), be £759.

(2) Where the adoption support agency is a small adoption support agency the fee shall be £414.

(3) In the case of an application for the variation of a condition for the time being in force where the variation of the condition is a minor variation, the fee shall be £69.

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Regulation 11 - Children’s homes
(1) For the purposes of section 15(3) of the 2000 Act, the fee to accompany an application by the registered provider in respect of a children’s home under section 15(1)(a) of the 2000 Act shall, subject to paragraphs (2) and (3), be £1,093.

(2) Where the children’s home is a small children’s home the fee shall be £596.

(3) In the case of an application for the variation of a condition for the time being in force where the variation of the condition is a minor variation, the fee shall be £99.

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Regulation 12 - Residential family centres
(1) For the purposes of section 15(3) of the 2000 Act, the fee to accompany an application by the registered provider in respect of a residential family centre under section 15(1)(a) of the 2000 Act shall, subject to paragraphs (2) and (3), be £911.

(2) Where the residential family centre is a small residential family centre the fee shall be £497.

(3) In the case of an application for the variation of a condition for the time being in force where the variation of the condition is a minor variation, the fee shall be £83.

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Regulation 13 – Fostering agencies
(1) For the purposes of section 15(3) of the 2000 Act, the fee to accompany an application by the registered provider in respect of a fostering agency under section 15(1)(a) of the 2000 Act shall, subject to paragraph (2), be £1093.

(2) In the case of an application for the variation of a condition for the time being in force where the variation of the condition is a minor variation, the fee shall be £99.

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PART 4 - Annual fees

Regulation 14 - Voluntary adoption agencies
(1) The registered provider in relation to a voluntary adoption agency shall pay an annual fee and the amount of the annual fee shall, subject to paragraph (2), be—

(a) £918.39; and, where applicable,

(b) if the agency has, in addition to its principal office, a branch or, as the case may be, a small branch, an additional sum of—

(i) £918.39 in respect of each branch; and

(ii) £459.20 in respect of each small branch.

(2) Where the agency has a small principal office, the amount of the annual fee shall be—

(a) £459.20; and, where applicable,

(b) if the agency has, in addition to its small principal office, a branch or, as the case may be, a small branch, an additional sum of—

(i) £918.39 in respect of each branch; and

(ii) £459.20 in respect of each small branch.

(3) The annual fee shall be payable—

(a) in the case of a person who carries on an agency which was an adoption society approved under Part 1 of the Adoption Act 1976, on 30th April in each year;

(b) in the case of a new provider registered before 1st April 2007, on the anniversary of the date on which the certificate was issued; and

(c) otherwise on the date on which the certificate is issued, and thereafter on the anniversary of that date.

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Regulation 15 – Adoption support agencies
(1) The registered provider in respect of an adoption support agency shall pay an annual fee and the amount of the annual fee shall, subject to paragraph (2), be £834.90.

(2) Where the adoption support agency is a small adoption support agency the amount of the annual fee shall be £417.45.

(3) The annual fee shall be payable—

(a) if the certificate was issued before 1st April 2007, on the anniversary of the date on which the certificate was issued; and

(b) otherwise on the date on which the certificate is issued, and thereafter on the anniversary of that date.

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Regulation 16 – Fostering agencies
(1) The registered provider in respect of a fostering agency shall pay an annual fee and the amount of the annual fee shall be £1,597.

(2) The annual fee shall be payable—

(a) if the certificate was issued before 1st April 2003, on 1st April in each year;

(b) if the certificate was issued on or after 1st April 2003 but before 1st April 2007, on the anniversary of the date on which the certificate was issued; and

(c) otherwise on the date on which the certificate is issued, and thereafter on the anniversary of that date.

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Regulation 17 – Children’s homes, residential family centres, boarding schools, residential colleges and

residential special schools
(1) The registered provider in respect of a children’s home shall pay an annual fee and the amount of the annual fee shall be, where the children’s home—

(a) has 3 or fewer approved places, £1,323.01;

(b) has between 4 and 62 approved places, the sum of-

(i) £1,323.01, plus

(ii) an amount of £131.77 for each approved place from the 4^th to the 62^nd inclusive; and

(c) has more than 62 approved places, £9,120.

(2) The annual fee in respect of a children’s home shall be payable—

(a) in the case of an existing provider, on the anniversary of the date on which the annual fee was payable under the 1984 Act or the 1989 Act;

(b) in the case of an existing provider, where an annual fee was not previously payable under the 1989 Act, on 1st April in each year;

(c) in the case of a previously exempt provider, on 1st April in each year;

(d) in the case of a new provider if the certificate was issued before 1st April 2007, on the anniversary of the date of issue of the certificate;

(e) otherwise on the date on which the certificate is issued and thereafter on the anniversary of that date.

(2A) The registered provider in respect of a residential family centre shall pay an annual fee and the amount of the annual fee shall be, where the residential family centre-

(a) has 3 or fewer approved places, £881.12;

(b) has 4 or 5 approved places, the sum of-

(i) £881.12, plus

(ii) an amount of £110.47 for each of the 4^th and 5^th approved places;

(c) has more than 5 approved places, £1,138.

(3) The annual fee in respect of a residential family centre shall be payable—

(a) in the case of an existing provider, on the anniversary of the date on which the annual fee was payable under the 1984 Act or the 1989 Act;

(b) in the case of a previously exempt provider, on 1st April in each year;

(c) in the case of a new provider if the certificate was issued before 1st April 2007, on the anniversary of the date of issue of the certificate;

(d) otherwise on the date on which the certificate is issued and thereafter on the anniversary of that date.

(3A) A relevant person in respect of a boarding school shall pay an annual fee and the amount of the annual fee shall be, where the boarding school-

(a) has 3 or fewer approved places, £574.99;

(b) has between 4 and 15 approved places, the sum of-

(i) £574.99, plus

(ii) an amount of £34.61 for each approved place from the 4^th to the 15^th place inclusive;

(c) has between 16 and 50 approved places, £994;

(d) has between 51 and 500 approved places, £1,391;

(e) has between 501 and 800 approved places, £1,789;

(f) has more than 800 approved places, £2,186.

(3B) A relevant person in respect of a residential college shall pay an annual fee and the amount of the annual fee shall be, where the residential college-

(a) has 3 or fewer approved places, £574.99;

(b) has between 4 and 14 approved places, the sum of-

(i) £574.99, plus

(ii) an amount of £34.61 for each approved place from the 4^th to the 14^th place inclusive;

(c) has more than 14 approved places, £969.

(3C) A relevant person in respect of a residential special school shall pay an annual fee and the amount of the annual fee shall be, where the residential special school-

(a) has 3 or fewer approved places, £1,058.15;

(b) has between 4 and 20 approved places, the sum of-

(i) £1,058.15, plus

(ii) an amount of £105.15 for each approved place from the 4^th to the 20^th place inclusive;

(c) has more than 20 approved places, £2,899.

(4) The annual fee in respect of a boarding school, residential college or residential special school shall be payable—

(a) in the case of a school or college which was providing accommodation for any child on 1st January 2002 on 1st September in each year;

(b) in the case of a school or college established after 1st January 2002 and before 1st April 2007 on the anniversary of the date on which the school or college was established;

(c) otherwise on the date of the establishment of the school or college, and thereafter on the anniversary of that date.

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Regulation 18 - Local authority adoption and fostering functions
A local authority shall pay to the Chief Inspector an annual fee, in respect of the discharge by the authority of—

(a) relevant adoption functions referred to in section 43(3)(a) of the 2000 Act, of £1,549; and

(b) relevant fostering functions referred to in section 43(3)(b) of the 2000 Act, of £2,421, and the amount of the annual fee shall be payable in each case on 1st April 2007 and thereafter on the anniversary of that date.

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PART 5 - Frequency of inspections

Regulation 19 – Frequency of inspections
(1) The Chief Inspector shall arrange for premises which are used—

(a) for the purposes of a children’s home, to be inspected, subject to paragraph (2), at least twice in every 12 month period;

(b) for the purposes of a residential family centre, a voluntary adoption agency, an adoption support agency or a fostering agency, to be inspected at least once in every three year period;

(c) by a local authority in their performance of relevant functions(a, to be inspected at least once in every three year period.

(2) In the case of a children’s home in respect of which a person is registered for the first time—

(a) between 1st April and 30th September in any 12 month period, only one inspection is to be carried out in that period; and

(b) between 1st October and 31st March in any 12 month period, no inspection shall be required in that period.

(3) Any inspection referred to in paragraph (1) may be unannounced.

(4) In this regulation—

(a) “12 month period” means a period commencing on 1st April in any year and ending on 31st March in the following year; and

(b) “three year period” means a period commencing on 1st April in any year and ending on 31st March in the third year following.