25.—(1) Subject to regulation 3(3), the registered person shall not use premises for the purposes of a residential family centre unless the premises are suitable for the purpose of achieving the aims and objectives set out in the statement of purpose.
(2) The registered person shall, having regard to the number and needs of the residents, ensure that—
(a) the physical design and layout of the premises to be used as the residential family centre meets the needs of the families;
(b) the premises to be used as the residential family centre are of sound construction and kept in a good state of repair externally and internally;
(c) equipment provided at the residential family centre for use by residents or persons who work at the centre is in good working order, properly maintained in accordance with the manufacturer’s guidance and suitable for the purpose for which it is to be used;
(d) all parts of the residential family centre are kept clean and reasonably decorated;
(e) adequate private and communal accommodation is provided for residents;
(f) the size and layout of rooms occupied or used by residents are suitable for their needs, and each family is provided with at least one room for its exclusive use;
(g) there is adequate seating, recreational and dining space provided separately from the resident’s private accommodation;
(h) the communal space provided for residents is suitable for the provision of social, cultural and religious activities appropriate to the circumstances of residents;
(i) suitable facilities are provided for residents to receive visitors whether in communal areas or in private as the resident so chooses;
(j) there are provided at appropriate places in the premises sufficient numbers of lavatories, wash-basins, baths and showers fitted with a hot and cold water supply;
(k) suitable storage facilities are provided for the use of residents;
(l) suitable adaptations are made, and such support, equipment and facilities, including passenger lifts, as may be reasonably required are provided to meet the needs arising from the disability of any residents;
(m) secure and safe outdoor space with seating, accessible to all residents is provided and appropriately maintained;
(n) adequate ventilation, heating, cooling and lighting is provided in all parts of the residential family centre which are used by residents;
(o) the engineering services are maintained in good working order;
(p) any vehicle used by the residential family centre for transporting residents is suitable for that purpose and maintained in good working order;
(q) provision is made for the residential family centre to operate in the event of the breakdown of essential utility services; and
(r) a risk assessment to manage health and safety is carried out and updated when necessary.
(3) The registered person shall having regard for the number of staff employed and the duties they undertake, provide for persons working at the residential family centre—
(a) suitable facilities and accommodation, including—
(i) facilities for the purpose of changing; and
(ii) storage facilities.
(b) sleeping accommodation where the provision of such accommodation is needed for persons working at the residential family centre in connection with their work.
26.—(1) The registered person shall—
(a) have in place a current written risk assessment and fire management plan that is revised and actioned when necessary or whenever the fire risk has changed;
(b) take adequate precautions against the risk of fire, including the provision of suitable fire equipment;
(c) provide adequate means of escape;
(d) make adequate arrangements—
(i) for detecting, containing and extinguishing fires;
(ii) for giving warnings of fires;
(iii) for the evacuation, in the event of fire, of all persons in the residential family centre and safe placement of residents;
(iv) for the maintenance of all fire equipment; and
(v) for reviewing fire precautions, and testing fire equipment, at suitable intervals;
(e) make arrangements for persons working at the centre to receive suitable training, from a competent person, in fire prevention; and
(f) to ensure, by means of fire drills and practices at suitable intervals, that the persons working at the centre and, so far as practicable, residents, are aware of the procedure to be followed in case of fire, including the procedure for saving life.
(2) The registered person shall undertake appropriate consultation with the Northern Ireland Fire and Rescue Board(6).
27.—(1) The registered person shall introduce and ensure systems are maintained for reviewing at appropriate intervals the quality of care and other service provision in or for the purposes of the family residential centre and that any such review is undertaken no less than annually.
(2) The registered person shall supply to the Regulation and Improvement Authority a report in respect of any review conducted by him for the purpose of paragraph (1) and make a copy of the report available to residents.
(3) The system referred to in paragraph (1) shall provide for consultation with residents and their representatives.
28.—(1) The registered provider shall carry on the residential family centre in such a manner as is likely to ensure that the centre will be financially viable for the purpose of achieving the aims and objectives set out in the statement of purpose.
(2) The registered person shall, if the Regulation and Improvement Authority so requests, provide such information and documents to the Regulation and Improvement Authority as it may require for the purpose of considering the financial viability of the centre, including—
(a) the annual accounts of the centre certified by an accountant;
(b) a reference from a bank expressing an opinion as to the registered provider’s financial standing;
(c) information as to the financing and financial resources of the residential family centre;
(d) where the registered person is a company, information as to any of its associated companies;
(e) a certificate of insurance for the registered provider in respect of liability which may be incurred by him in relation to the residential family centre in respect of death, injury, public liability, damage or other loss.
(3) The registered person shall—
(a) ensure that adequate accounts are maintained in respect of the residential family centre and kept up to date;
(b) ensure that the accounts give details of the running costs of the residential family centre, including rent, payments under a mortgage and expenditure on food, heating and salaries and wages of staff; and
(c) supply a copy of the accounts to the Regulation and Improvement Authority at its request.
(4) In this regulation a company is an associated company of another if one of them has control of the other or both are under the control of the same person.
29.—(1) Where the registered provider is an individual, but who does not manage the residential family centre himself, he shall visit the residential family centre in accordance with this regulation.
(2) Where the registered provider is an organisation or a partnership, the residential family centre shall be visited in accordance with this regulation by—
(a) the responsible individual or one of the partners, as the case may be;
(b) another of the directors or other persons responsible for the management of the organisation or partnership; or
(c) an employee of the organisation or partnership who is not directly concerned with the conduct of the residential family centre.
(3) Visits under paragraph (1) or (2) shall take place at least once a month or as agreed with the Regulation and Improvement Authority and shall be unannounced.
(4) The person carrying out the visit shall—
(a) interview, with their consent and in private, such of the residents and their representatives and persons working at the centre as appears necessary in order to form an opinion of the standard provided in the residential family centre;
(b) inspect the premises of the residential family centre, its record of events and records of any complaints; and
(c) prepare a written report on the conduct of the residential family centre.
(5) The registered provider shall maintain a copy of the report required to be made under paragraph 4(c) in the centre and make it available on request to—
(a) the Regulation and Improvement Authority;
(b) the registered manager;
(c) the resident or their representative; and
(d) an officer of the HSS trust in the area of which the residential family centre is situated.
(6) In the case of a visit under paragraph (2)—
(a) where the registered provider is an organisation, to each of the directors or other persons responsible for the management of the organisation; and
(b) where the registered provider is a partnership, to each of the partners.
See article 3 of the Fire and Rescue Services (Northern Ireland) Order 2006 (S.I. 2006/1254 (N.I. 9)) Back [6]