uksi/2024/315 — The Registration and Inspection of Education, Children’s Services and Skills (Fees and Frequency of Inspections) (England) (Amendment) Regulations 2024

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 . PART 1 Introductory Citation, commencement and extent 1 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. Interpretation 2 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 . PART 2 Amendments to the Registration Regulations Amendments to the Registration Regulations 3 The Registration Regulations are amended in accordance with the following provisions of this Part. Amendment to regulation 2 4 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 ; . Amendment to regulation 7 5 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. . Amendment to Schedule 1 6 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). Amendment to Schedule 2 7 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. . Amendment to Schedule 3 8 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. . PART 3 Amendments to the Fees and Frequency of Inspections Regulations Amendments to the Fees and Frequency of Inspections Regulations 9 The Fees and Frequency of Inspections Regulations are amended in accordance with the following provisions of this Part. Amendment to regulation 2 10 In regulation 2 (interpretation), in paragraph (b) of the definition of “secure children’s home”, omit “(b)” the second time it occurs. Amendment to regulation 6 11 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. . Amendment to regulation 18 12 In regulation 18 (interpretation and introductory), in paragraph (2)(b), after “regulations 20 to 25” insert “and 26A” . Amendment to regulation 19 13 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” . Amendment to regulation 23 14 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” . Insertion of regulation 26A 15 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. . Amendment to regulation 27 16 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. . Substitution of certain fees payable under the Fees and Frequency of Inspections Regulations 17 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). David Johnston Parliamentary Under-Secretary of State Department for Education 6th March 2024 SCHEDULE 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 EXPLANATORY NOTE (This note is not part of the Regulations) These Regulations, which apply in England only, amend the Care Standards Act 2000 (Registration) (England) Regulations 2010 ( S.I. 2010/2130 ) (“ the Registration Regulations ”) and the 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 Fees and Frequency of Inspections Regulations ”). Part 2 amends the Registration Regulations. Regulation 5 amends regulation 7 of the Registration Regulations so that the restriction on the disclosure of certain details in the register does not apply to secure children’s homes. Regulation 4 inserts a new definition of “ secure children’s home ” for this purpose. Regulation 6 amends Schedule 1 to the Registration Regulations so that a bank reference is no longer required in connection with an application for registration as a person who carries on an establishment, agency, holiday scheme for disabled children or supported accommodation undertaking. Regulations 7 and 8 amend Schedules 2 and 3 to the Registration Regulations respectively so that an applicant for registration as a person who carries on an establishment, agency, holiday scheme for disabled children or supported accommodation undertaking, or an applicant for registration as the manager of an establishment, agency, holiday scheme for disabled children or supported accommodation undertaking, is required to provide a statement as to the state of their physical and mental health. A report by a general medical practitioner will only be required where requested by Ofsted. Part 3 amends the Fees and Frequency of Inspections Regulations. Regulation 10 corrects an error in S.I. 2023/276 , which inserted a superfluous “(b)” in the definition of “ secure children’s home ” (see regulation 6 of S.I. 2023/276 ). Regulation 11 sets the registration fees for a children’s home that is not a small children’s home. Regulation 13 amends regulation 19 to lower the approved places threshold in respect of which a residential special school must pay a higher annual fee from 4 – 17 places to 4 – 13 places. Regulation 14 amends regulation 23 to lower the approved places threshold in respect of which a children’s home must pay a higher annual fee from 4 – 20 places to 4 – 16 places. Regulation 15 sets the annual fee payable in respect of both small and large supported accommodation undertakings by inserting a new regulation 26A. Regulation 12 amends regulation 18 in consequence of the insertion of regulation 26A. Regulation 16 amends regulation 27 in respect of the inspection frequency of children’s homes where there are no children being accommodated in the home at the time of the first inspection. Regulation 16 further amends regulation 27 to set the inspection frequency of premises used for the purposes of a supported accommodation undertaking. Regulation 17 and the Schedule amend the Fees and Frequency of Inspections Regulations in respect of fees, setting out the new fees payable in respect of various settings under Parts 2, 3 and 4 of those Regulations. A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary, or public sector is foreseen. An Explanatory Memorandum is published alongside this instrument at www.legislation.gov.uk .