uksi/2019/835 — The Children’s Homes etc. Inspection Fees, Childcare Fees, Adoption and Children Act Register (Amendment) Regulations 2019

2019 No. 835 Children And Young Persons, England The Children’s Homes etc. Inspection Fees, Childcare Fees, Adoption and Children Act Register (Amendment) Regulations 2019 Made 8th April 2019 Laid before Parliament 9th April 2019 Coming into force in accordance with regulation 1(2) The Secretary of State for Education, 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 , sections 155(1) and (2) and 181(2)(a) and (b) of the Education and Inspections Act 2006 , sections 89(1) and 104(2) of the Childcare Act 2006 and sections 125(1) and 128(1), (2) and (5) of the Adoption and Children Act 2002 makes the following Regulations: PART 1 Introductory Provisions Citation, commencement and interpretation 1 1 These Regulations may be cited as the Children’s Homes etc. Inspection Fees, Childcare Fees, Adoption and Children Act Register (Amendment) Regulations 2019. 2 These Regulations come into force on 1st May 2019, save for regulation 6, which comes into force on 1st September 2019. 3 In these Regulations, the “2015 Regulations” mean Her Majesty’s Chief Inspector of Education, Children’s Services and Skills (Fees and Frequency of Inspections) (Children’s Homes etc.) Regulations 2015 . PART 2 Amendment to Her Majesty’s Chief Inspector of Education, Children’s Services and Skills (Fees and Frequency of Inspections) (Children’s Homes etc.) Regulations 2015 2 The 2015 Regulations are amended as follows in this Part. Substitution of fees payable 3 In each provision of the 2015 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). Amendment to size classification of residential special schools 4 In regulation 19 (Boarding schools, residential colleges and residential special schools) — a in paragraph (3)(b) for “18” substitute “17”; b in paragraph (3)(b)(ii) for “18th” substitute “17th”; and c in paragraph (3)(c) for “18” substitute “17”. Amendment to size classification of children’s homes 5 In regulation 23 (Children’s homes) — a in paragraph (1)(b) for “31” substitute “29”; b in paragraph (1)(b)(ii) for “31st” substitute “29th”; and c in paragraph (1)(c) for “31” substitute “29”. PART 3 Amendment to the Childcare (Fees) Regulations 2008 Amendment to the Childcare (Fees) Regulations 2008 6 In regulation 10(7) (Annual fee for early years providers, other than childminders, registered in the early years register) of the Childcare (Fees) Regulations 2008 , for “2019” substitute “2021”. PART 4 Amendments related to the Adoption and Children Act Register Amendment to Adoption Agencies Regulations 2005 7 The Adoption Agencies Regulations 2005 are amended as follows— a omit regulation 2(2) (Interpretation); b omit regulation 19A (Information to be provided for entry in Part 1 of the register); c omit regulation 30G (Information to be provided for entry in Part 3 of the register); d omit Schedule 1A (Information about children suitable for adoption); and e omit Schedule 4B (Information about prospective adopters who are suitable to adopt a child). Amendment to the Adoption and Children Act Register Regulations 2014 8 In the Adoption and Children Act Register Regulations 2014 omit regulation 4(1) (information to be provided for entry in Part 2 of the register). Signed by the authority of the Secretary of State for Education Anne Milton Minister of State Department for Education 8th April 2019 SCHEDULE Substitution of fees payable under the 2015 Regulations Regulation 3 Provision of the 2015 Regulations (1) Old fee (2) New fee (3) Regulation 4 (registration fees: voluntary adoption agencies) Paragraph 1(a) £2223 £2445 Paragraph (1)(b)(i) £2223 £2445 Paragraph (1)(b)(ii) £606 £667 Paragraph (2)(a) £606 £667 Paragraph (2)(b)(i) £2223 £2445 Paragraph (2)(b)(ii) £606 £667 Regulation 5 (registration fees: adoption support agencies) Paragraph (1) £2223 £2445 Paragraph (2) £606 £667 Paragraph (3) £606 £667 Regulation 6 (registration fees: children’s homes) Paragraph (2) £873 £960 Paragraph (3) £873 £910 Regulation 7 (registration fees: residential family centres) Paragraph (2) £728 £801 Paragraph (3) £728 £801 Regulation 8 (registration fees: fostering agencies) Paragraph (2) £873 £910 Regulation 12 (variation fees: voluntary adoption agencies) Paragraph (1)(b) £606 £667 Paragraph (2)(b) £606 £667 Paragraph (3) £101 £111 Regulation 13 (variation fees: adoption support agencies) Paragraph (2) £606 £667 Paragraph (3) £101 £111 Regulation 14 (variation fees: children’s homes) Paragraph (2) £873 £910 Paragraph (3) £145 £160 Regulation 15 (variation fees: residential family centres) Paragraph (2) £728 £801 Paragraph (3) £121 £133 Regulation 16 (variation fees: fostering agencies) Paragraph (2) £145 £160 Regulation 19 (annual fees: boarding schools, residential colleges and residential special schools) Paragraph (2)(a) £1019 £1121 Paragraph (2)(b)(i) £1019 £1121 Paragraph (2)(b)(ii) £62 £68 Paragraph (2)(c) £1561 £1717 Paragraph (3)(a) £1874 £2061 Paragraph (3)(b)(i) £1874 £2061 Paragraph (3)(b)(ii) £186 £205 Paragraph (3)(c) £4670 £5007 Regulation 20 (annual fees: voluntary adoption agencies) Paragraph (1)(a) £1535 £1689 Paragraph (1)(b)(i) £1535 £1689 Paragraph (1)(b)(ii) £814 £895 Paragraph (2)(a) £814 £895 Paragraph (2)(b)(i) £1535 £1689 Paragraph (2)(b)(ii) £814 £895 Regulation 21 (annual fees: adoption support agencies) Paragraph (1) £1540 £1694 Paragraph (2) £814 £895 Regulation 22 (annual fees: fostering agencies) Paragraph (1) £2573 £2830 Regulation 23 (annual fees: children’s homes) Paragraph (1)(a) £2344 £2578 Paragraph (1)(b)(i) £2344 £2578 Paragraph (1)(b)(ii) £234 £257 Paragraph (1)(c) £9107 £9285 Regulation 24 (annual fees: residential family centres) Paragraph (1)(a) £1561 £1717 Paragraph (1)(b) £1757 £1913 Paragraph (1)(c) £1834 £1913 Regulation 26 (annual fees: local authority adoption and fostering functions) Paragraph (1)(a) £1872 £2059 Paragraph (1)(b) £2925 £3216 EXPLANATORY NOTE (This note is not part of the Regulations) These Regulations apply to England only. Regulation 3 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; and 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 boarding schools, residential colleges, residential special schools and in respect of local authority adoption and fostering functions. Regulation 4 lowers the approved places threshold (see regulation 2 of the 2015 Regulations for the definition of “approved places”) in respect of which a residential school must pay a higher annual fee, from between 4 – 18 places to 4 – 17 places. Regulation 5 lowers the approved places threshold in respect of which a children’s home must pay a higher annual fee, from between 4 – 31 places to 4 – 29 places. Regulation 6 amends regulation 10(7) of the Childcare (Fees) Regulations 2008 ( S.I. 2008/1804 ). The effect of the amendment is to extend an existing transitional provision, which applies to childcare providers (other than childminders) who transferred automatically from the childcare register under Part 10A of the Children Act 1989 (c.41) to the early years register under the 2006 Act on 1st September 2008. This amendment has the effect of extending the transitional provision until 31st August 2019, enabling early years providers who were registered prior to 2008 to benefit from a fees rate of £50 where they are operating for a period of less than 4 hours per day. Regulation 7(b) and (c) revoke the duty on adoption agencies to refer prescribed information about children who are suitable for adoption and prospective adopters who are suitable to adopt to the Secretary of State for inclusion in Part 1 or Part 3 of the register (see section 125 of the Adoption and Children Act 2002 for the meaning of “the register”). The remainder of regulation 7 and regulation 8 make consequential changes to the Adoption Agencies Regulations 2005 and the Adoption and Children Act Register Regulations 2014. 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.