From: "Saved by Windows Internet Explorer 8" Subject: [ARCHIVED CONTENT] Children's Rights Director Regulations : Consultation on the Draft Commission for Social Care Inspection (Children's Rights Director) Regulations 2004 : Department of Health - Consultations Date: Thu, 5 Jan 2012 09:35:29 -0000 MIME-Version: 1.0 Content-Type: multipart/related; type="text/html"; boundary="----=_NextPart_000_0011_01CCCB8D.5CD0B230" X-MimeOLE: Produced By Microsoft MimeOLE V6.0.6002.18463 This is a multi-part message in MIME format. ------=_NextPart_000_0011_01CCCB8D.5CD0B230 Content-Type: text/html; charset="utf-8" Content-Transfer-Encoding: quoted-printable Content-Location: http://webarchive.nationalarchives.gov.uk/20080108135646/http://www.dh.gov.uk/en/Consultations/Closedconsultations/DH_4067786 =EF=BB=BF
The draft regulations setting out the functions of the Children's = Rights=20 Director (CRD) have been issued for consultation by the Department of = Health=20 (DH) and the Department for Education and Skills (DfES). This = anticipates the=20 transfer of the CRD post from the National Care Standards Commission = (NCSC) to=20 the future Commission for Social Care Inspection under the Health and = Social=20 Care Act 2003.
The regulations are intended to apply for the period between 1st = April 2004=20 and the establishment of the Children's Commissioner as outlined in the = "Every=20 Child Matters" Green Paper, in 2005 subject to Parliamentary approval. = As the=20 role of the Commissioner develops we will further review the functions = of the=20 CRD and, if necessary, either amend the remit of the CRD, or remove the=20 statutory basis of the post. We would welcome your views on the possible = options=20 set out below.
Background
The role of CRD within the NCSC was established through the Care = Standards=20 Act 2000. It is aimed at responding to those children who most need = additional=20 safeguards over and above those that already exist in regulated care = services.=20 The CRD's principal function is to oversee the general discharge by the=20 Commission of all its functions in relation to children. The post has a = national=20 overview of the rights and welfare of children in regulated settings and = ensures=20 that the NCSC gives full and effective coverage of children's rights in = its=20 statutory responsibilities for regulated children's services.
The current functions of the CRD are set out in regulations under the = Care=20 Standards Act 2000. These prescribe functions in relation to services = provided=20 under Part II of that Act, which deals with the registration and = regulation of=20 private and voluntary health and social care providers. The regulations = also=20 prescribes functions in respect of local authority fostering and = adoption=20 services - but not in respect of other local authority social services - = and in=20 respect of residential schools and colleges under section 87 of the = Children Act=20 1989.
The current regulations prescribing CRD's functions will cease to = have effect=20 when the NCSC is abolished under section 44 of the Health and Social = Care=20 (Community Health and Standards) Act 2003. The majority of the functions = of the=20 NCSC will be taken over by the new Commission for Social Care Inspection = (CSCI),=20 and will combine these functions with the work of the Social Services=20 Inspectorate (SSI) and some of the work of the Audit Commission in = relation to=20 Local Authority Social Services. It is therefore necessary for a new set = of=20 regulations setting out the CRD's functions to be in place for the 1st = April=20 2004, which is the proposed date for the establishment of the new = commission. It=20 should be noted that the NCSC's work in relation to private and = voluntary=20 healthcare will be transferring to the Commission for Healthcare Audit = and=20 Inspection (CHAI) rather than CSCI and the CRD will therefore no longer = have a=20 remit in relation to these areas.
You are invited to comment generally on the regulations but we would = in=20 particular be interested in views on the following issues.
Definition of Relevant Children's Services
The draft regulations extend the role of the CRD to all areas of = CSCI's work=20 in relation to children, to reflect the wider brief of CSCI than that = currently=20 covered by the NCSC. This preserves the current principle that the CRD's = remit=20 is the same as that of the employing Commission. We believe that it is=20 appropriate that as the CRD post will now reside within a larger = organisation=20 with a remit in relation to both children's services under the Care = Standards=20 Act 2000 and the generality of local authority social services, the CRD = should=20 have an extended remit in relation to all of CSCI's work in relation to=20 children. We have therefore replaced the definition of relevant = children's=20 services in the current regulations with a new definition of 'relevant=20 services'. This is defined under subparagraph 2(1)(a) as services = provided=20 through an undertaking under Part II of the Care Standards Act, English = local=20 authority social services provided in respect of a child, services = provided to a=20 young person under the Children (Leaving Care) provisions of the = Children Act=20 1989 and children accommodated by a school or college.
Methodologies
In most respects the draft regulations replicate the functions of the = CRD=20 under the existing regulations, but extending his role to cover CSCI's = role with=20 respect to local authority social services as described above. However = there are=20 also a small number of changes. Following advice from Roger Morgan, the = current=20 Children's Rights Director, and Denise Platt, shadow chair of CSCI, we = have=20 removed the CRD's role with respect to establishing methodologies for = the=20 inspection of children's services.
It was considered that in practical terms the current regulations = create a=20 conflict of interest because the CRD is responsible for both = establishing=20 methodologies and monitoring their effectiveness - placing him in the = position=20 of potentially whistle-blowing on himself. We therefore propose that the = CRD's=20 functions in respect of establishing methodologies be restricted to an = advisory=20 role only, whilst CSCI as a whole will be responsible for drawing up = such=20 methodologies. The CRD will remain responsible for monitoring their=20 effectiveness.
Complaints
The CRD currently has a dual role in relation to complaints. Firstly, = to=20 monitor the effectiveness of the procedures that the providers of = regulated=20 children's services have in place. Secondly, to ensure that where a = complaint=20 about a regulated children's service is made to the Commission = appropriate=20 action is taken by the Commission. We believe that it is both logical = and=20 appropriate that the CRD's role in relation to monitoring the = effectiveness of=20 procedures should be extended to include local authority complaints = procedures,=20 in line with CSCI's extended remit, and the draft regulations do this. = This role=20 will be subject to regulations made under the Health and Social Care = (Community=20 Health and Standards) Act 2003 in respect of the complaints functions of = the=20 CSCI. The regulations under that Act relating to complaints will be = consulted on=20 separately.
The Children's Commissioner
The Children's Commissioner will be a children's champion, = independent of=20 Government. The role will be a strategic one, developing effective ways = to draw=20 on children's views locally and nationally and making sure they are fed = into=20 policy making, testing policies in terms of what children think and = experience=20 and working with the relevant Ombudsmen and statutory bodies to ensure = that=20 children have quick and easy access to complaints procedures that work. = The=20 Commissioner will not take on individual cases, apart from in = exceptional cases=20 where they have wider relevance to other children. The options for how = the=20 relationship should work in the longer term are broadly as set out = below. We=20 would like your views on how far the remit of the CRD should be = amended:
Department of Health
Department for Education and Skills
December 2003
This consultation, jointly issued by Department of Health and = Department=20 for Education and Skills, invites comments on draft regulations setting = out the=20 functions of the Children's Rights Director (CRD). This anticipates the = transfer=20 of the CRD post from the National Care Standards Commission to the = future=20 Commission for Social Care Inspection under the Health and Social Care = Act 2003.=20You are invited to comment on the drafts by 16th January=20 2004 either in hard copy to:
Get Adobe=C2=AE Reader=C2=AE free software for viewing and printing = Adobe Portable=20 Document Format (PDF).
Useful=20
tips to ensure you get the most from PDFs. Topics covered include =
accessibility,=20
troubleshooting and searching.