Citation, commencement and interpretation

1.-(1) These Regulations may be cited as Her Majesty's Chief Inspector of Education, Children's Services and Skills (Fees and Frequency of Inspections) (Children's Homes etc.) (Amendment) Regulations 2018 and come into force on 1st April 2018.

(2) In these Regulations,

"the principal Regulations" means Her Majesty's Chief Inspector of Education, Children's Services and Skills (Fees and Frequency of Inspections) (Children's Homes etc.) Regulations 2015(4).

Substitution of fees payable under the principal Regulations

2.  In each provision of the principal Regulations specified in column 1 of the table in the Schedule to these Regulations, for the amount specified in column 2 (Old fee) substitute the amount specified in column 3 (New fee).

Frequency of inspections

3.  In regulation 27 (frequency of inspections) of the principal Regulations-

(a)in paragraph (1)(a), for "(2), (3), (3A) and (3B)" substitute "(2), (3), (3ZA), (3ZB), (3A) and (3B)";

(b)after paragraph (3) insert-

"(3ZA) Paragraph (1)(a) does not apply to a closed children's home.

(3ZB) Where a closed children's home ceases to be a closed children's home-

(a)before 1st October in any year, the Chief Inspector must arrange for that children's home to be inspected at least once before 31st March that year;

(b)on or after 1st October in any year, no inspection of that children's home is to be carried out that year."; and

(c)in paragraph (5)-

(i)at the end of sub-paragraph (a) omit "and"; and

(ii)at the end of sub-paragraph (b) insert-

"; and

(c)"closed children's home" means a children's home in respect of which a condition imposed under section 13(5) of the Care Standards Act 2000 is for the time being in force that the registered person(5) must inform the Chief Inspector of their intention to accommodate children at the home at least three months before any child is accommodated".

Regulation 2

SCHEDULESubstitution of fees payable under the principal Regulations

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations apply to England only.

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

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

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

• variation of registration of those establishments and agencies.

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

Regulation 3 removes the requirement to inspect a "closed children's home" (as defined). This exception from the inspection requirement applies whilst a children's home is subject to a condition of registration, imposed under section 13(5) of the Care Standards Act 2000 (c.14), to inform the Chief Inspector at least three months before beginning to accommodate children again. A children's home that ceases to be subject to the condition of registration and therefore ceases to be a "closed children's home" before 1st October must be inspected in that year; a children's home that ceases to be subject to the condition on or after 1st October is not to be inspected that year. A "year" is defined in regulation 27(5) of the 2015 Regulations as being the period commencing on 1st April in any year and ending on 31st March the following year.

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