Regulation 15: Duty to Have Regard to Statements of Standards Under Section 23 of the Care Standards Act 2000

1. What Regulation 15 requires

Regulation 15 is a duty to have regard to statements of standards. It does not itself set standards. It creates a legal obligation on the registered person to take account of any standards published by the Secretary of State under the powers in section 23 of the Care Standards Act 2000.

The duty to 'have regard' means the registered person must consider the relevant standards when managing and operating the home. They cannot ignore them. However, the standards published under section 23 are not the same as the Quality Standards in Regulations 6 to 14, which are directly enforceable regulatory requirements.

2. Section 23 of the Care Standards Act 2000

Section 23 of the Care Standards Act 2000 empowers the appropriate Minister to prepare and publish statements of national minimum standards applicable to establishments or agencies. These standards are taken into account by the registration authority in decision-making, enforcement, and legal proceedings.

In practice, the national minimum standards for children's homes were replaced by the Quality Standards framework introduced by the Children's Homes Regulations 2015. The Secretary of State's power under section 23 of the Care Standards Act 2000 remains, and Regulation 15 ensures that any standards published under that power must be considered by the registered person. The Department for Education's Guide to the Children's Homes Regulations (2015), issued under section 23 of the Care Standards Act 2000, is the current statement of standards that the registered person must have regard to alongside the specific Quality Standards in Regulations 6 to 14.

3. Relationship to the Quality Standards

Regulation 15 sits within the same legislative framework as the Quality Standards (Regulations 6 to 14). While the Quality Standards provide the core regulatory requirements for the care provided in children's homes, Regulation 15 acts as a mechanism to ensure that any broader national minimum standards published under the Care Standards Act 2000 are also considered by the registered person.

In day-to-day practice, most providers and managers will focus on meeting the Quality Standards in Regulations 6 to 14, as these are the directly enforceable requirements. Regulation 15 ensures they also have regard to any additional standards the Secretary of State may publish.

4. Practical relevance

Regulation 15 remains a part of the current statutory framework. It ensures that providers are legally obligated to consider any relevant national standards published by the Secretary of State, maintaining a link between the specific Children's Homes Regulations and the broader powers established under the Care Standards Act 2000.

For most providers and managers, the Quality Standards in Regulations 6 to 14 are the primary and directly enforceable standards framework. Regulation 15 remains part of that framework because it creates a continuing duty to have regard to any standards published by the Secretary of State under section 23, including the Department for Education's Guide to the Children's Homes Regulations. Providers should be aware of any such publications and consider them in the management of the home.

5. Related guidance

The following CHH guides cover the Quality Standards framework that Regulation 15 connects to: