319.Part VIII concerns privately operated children’s homes, ie those not run by a local authority or voluntary organisation. These are homes which accommodate four or more children and which must register with and be inspected by the local authority. They are known as registered children’s homes. Privately run homes which accommodate fewer than four children (“small children’s homes”) are not required to register. Section 63 also provides further exemptions including homes registered under the Registered Homes Act 1984 (ie registered care homes, nursing homes and mental nursing homes), NHS settings and most schools. Independent schools are not regarded as children’s homes unless they provide accommodation for three or more children for more than 295 days a year.
320.The registration procedure is detailed in Schedule 6. It is very similar to that for voluntary homes, with a few exceptions. The applications for registration are made to the local authority in which the home is situated, and not to the Secretary of State. A registration fee must also be paid. The local authority is required to conduct an annual review of the registration of every registered home. If they are satisfied that the home is being conducted in accordance with its conditions of registration and any other relevant requirements, then the registration is renewed for another year, and an annual fee becomes payable. Should registration be refused or cancelled, the applicant cannot re-apply for a period of six months. Other matters relating to the registration procedure, right to make representations and appeals are identical to those under Part VII.
321.Section 64 concerns the welfare of children in children’s homes, and places a duty to safeguard and protect the children’s welfare on the person carrying on the home rather than the local authority. Provision is made for section 62 – duties of local authorities, detailed in paragraph 279 above – to apply to registered children’s homes as well as voluntary homes.
ANNEX 1: Existing Legislation The Children Act 1989 Children’s Homes Part VIII – Registered Children’s Homes