Child contact services - regulation: consultation

Part 2: Accommodation standards

Introduction

2.1. This section of the consultation focuses on the accommodation standards for child contact centres. Establishing minimum standards in relation to the premises used to facilitate child contact will help ensure that all centres are safe and welcoming locations for children and families.

2.2. This part of the consultation seeks views on:

• What minimum accommodation standards should be considered for the regulation of child contact services
• What minimum accommodation standards should be considered for the regulation of child contact services in relation to alternative premises
• Adjustments for disabled people^[10] at child contact centres

Background

2.3. In Scotland, the child contact centre sector has evolved over a number of years. Individual services have been developed by charitable organisations to meet a demand and this has led to there being a diverse range of services, in terms of size, structure, the types of services that are offered, and premises.

2.4. The 45 child contact centres across Scotland operate from a variety of different types of premises, ranging from older tenement buildings to more modern spaces. In some cases, bespoke centres are used; in other cases, the premises used may be shared between the child contact centre and another body or service. For example, we understand some child contact centres are based in buildings used by faith bodies, nurseries, local authorities or community centres.

2.5. The Scottish Government recognises that there may be additional costs for some child contact centre providers in ensuring their premises meet the required standards. The Scottish Government does not expect this additional expenditure to fall wholly to child contact centre providers and we would expect financial support to be made available to providers. The Financial Memorandum^[11] that accompanied the Children (Scotland) Bill set out estimated costs in this regard. There may also be costs for child contact centre providers in relation to fees payable connection with the registration of a provider or contact centre.

2.6. One option, should the Scottish Ministers decide to tender a contract for the day-to-day running of child contact centres, may be to reflect in the contract that child contact centre providers may need resources to meet the cost of ensuring their centres can comply with the standards. Any tendering exercise and eventual contract would operate within the system of regulation and minimum standards provided for in the 2020 Act.

2.7. The Consultation on Review of Part 1 of the Children (Scotland) Act 1995, which closed in September 2018, informed the 2020 Act. The consultation sought views on whether child contact centres should be regulated. The analysis^[12] of responses showed that 66% of respondents were in favour of regulation, 6% were not in favour and 28% did not give a response. Respondents commonly felt that regulation was required to provide and maintain minimum and consistent standards across the country, and to ensure the safety of children.

2.8. The Care Inspectorate in its feasibility study report spoke to a number of stakeholders and some child contact centre users. The feedback regarding the accommodation used by providers was that some found the buildings used not to be fun or natural places for children to be. There were also concerns that more age-specific areas are needed in premises to reflect the different age groups using these centres.

2.9. Shared Parenting Scotland carried out a survey in March 2019 as part of their annual survey of service users, which asked about their experiences of child contact centres. Comments showed that in relation to accommodation it is important for centres to be clean, safe, to have adequate space with waiting rooms and to be child-friendly with a sufficient range of age appropriate toys and activities with outside space.

2.10. During the parliamentary passage of the Children (Scotland) Bill written and oral evidence was provided by young people with experience of attending child contact centres^[13]. The points raised included that child contact centre premises are often not fun, child friendly or places where a child would enjoy spending time. They said that there should be age appropriate toys, facilities and spaces for both younger and older children, and that the views of people who use contact centres should be heard regarding what buildings and facilities should be like.

2.11. There was also written evidence^[14] informed by survivors of domestic abuse that child contact centres should have more than one entrance and exit and that there should be CCTV inside and outside the centre. Having separate entrances and exits can be important where parents do not wish to meet each other when attending the child contact centre: for example, in situations where there has been domestic abuse.

Children (Scotland) Act 2020

2.12. Section 10(3) of the 2020 Act inserts new section 101C on contact services regulation into the 1995 Act^[15]. Under section 101C(1) the Scottish Ministers may by regulations make provision about the regulation of a contact service provided in relation to the requirements of a contact order. The regulations may in particular make provision for minimum standards to be met by centres (including standards in respect of accommodation).

2.13. Under section 101C(2)(e) the regulations may make provision about the conditions on which a regulated contact service provider can provide a contact service at a place that is not registered as a contact centre (including conditions about the minimum standards for accommodation at a place if it is to be used for that purpose).

2.14. Section 101C(2)(e) allows the Scottish Ministers to make regulations about the conditions on which a contact service provider may provide a service at a place that is not registered as a child contact centre. This gives centres in more remote rural areas the necessary flexibility to continue providing contact services in alternative premises when required whilst ensuring minimum standards are in place.

2.15. Section 101C(2)(f) gives the Scottish Ministers the power to appoint a person or persons for the purposes of administering the registration of contact service providers and contact centres.

2.16. Under section 101C(3)(d) the functions conferred may also include issuing reports on any failure, or possible failure, by a contact service provider to comply with the provider's duties under the Equality Act 2010, and in particular any duty to make reasonable adjustments to premises in order to facilitate their use by disabled people.

What minimum standards should be laid down in regulations for child contact centre accommodation

Existing situation

2.17. In addition to the range of premises that child contact centres operate from, the arrangements that providers have in place for use of those premises will also vary across the sector. In many cases the provider will not own the premises they use, meaning that any alteration or reconfiguration of the premises or general facilities, particularly any that are shared, may need to be discussed with landlords or other premises users as necessary.

2.18. There are also variations in the times when child contact services use their premises. Many are only open, or only use premises, on certain days of the week and perhaps only for certain parts of the day. A child coming to a centre for contact may only spend a limited amount of time there: for example, most court-ordered contact is for no longer than two hours.

2.19. Child contact centre providers, or their landlords, will already be subject to certain legal duties and obligations in terms of their business and premises, for instance, in relation to health and safety law, building standards and insurance.

2.20. The Equality Act 2010 requires service providers to make reasonable adjustments^[16] in circumstances where a disabled person is placed at a substantial disadvantage in comparison with non-disabled people. That requirement covers changing the way things are done; making changes to the built environment; and providing auxiliary aids and services. This is an anticipatory duty and providers must think in advance about what people with a range of impairments might reasonably need.

2.21. The regulations proposed under the 2020 Act will not seek to duplicate or cut across any of these existing legal duties or obligations.

Proposed requirements

2.22. The Scottish Government notes the concerns raised by stakeholders and child contact centre users regarding accommodation standards. It is the Scottish Government's view that child contact services should take place in safe, welcoming and child friendly environment. The premises used should be comfortable with adequate space for children and parents to play and bond with each other and with access to age appropriate toys, games and other play equipment.

2.23. A number of existing child contact centre providers operate more than one contact centre. For example, some RS member services operate a number of individual centres and one of the independent services operates two centres. The 2020 Act provisions are such that a service wishing to register more than one child contact centre would only be required to register its service once in order for all of its in centres to be registered, provided they each met the required standards.

2.24. A number of suggestions have been put forward regarding accommodation standards for child contact centre premises and we are aware of further areas that could be considered. The suggested areas that the standards could cover are that premises:

• are clean, bright, warm, well maintained and well ventilated
• are safe and secure (including any outdoor areas); free from avoidable hazards and have a secure entry system
• have toilets, nappy changing facilities and (where available) kitchen facilities that are in good condition with access to hot and cold water and compliant with existing environmental health and safety requirements
• have furniture, soft furnishings, toys and equipment (including outdoor play equipment) and appliances/fittings that are in good condition and compliant with health and safety requirements, including British Standards Institution (BSI) safety standards
• have adequate space to meet the needs of children and families using the centre, including sufficient waiting areas
• have at least two separate entrances/exits, where possible
• have access to age appropriate and good quality play equipment and play spaces, including outside space where possible
• have clearly defined emergency evacuation plans in place that staff, volunteers, parents and children are aware of and that are well signposted
• have fire safety equipment that conforms with BSI safety standards
• have a first aid box

2.25. Given the range of premises currently in use in the sector, and the fact that many providers lease or share premises rather than owning them outright, a certain level of flexibility may be necessary during the initial registration process for services, as regards any alterations or improvements to premises required to meet the standards.

2.26. The Scottish Government recognises it may be necessary to consider what is reasonable to expect from providers. For example, some existing premises will already have separate entrances and exits, but others may not. If a provider currently leases their premises, or uses premises that form part of a shared building, they may be unable to reconfigure the buildings or break their lease to move to another premises.

2.27. We are aware that currently where premises only have one entrance and exit, providers will put other measures in place to ensure the safety of their users: for example, staggering arrival times and having separate waiting areas. Such measures can be just as important for physical safety as separate entrances and exits.

2.28. There may be similar constraints on providers in relation to installing systems such as CCTV, where this is not already in use at a particular premises. Therefore, it may be reasonable to set out that a secure entry system should be in place as a minimum standard rather than CCTV.

2.29. The minimum standards for accommodation could be laid down in the regulations or the standards could be set out in guidance to accompany the regulations. If the standards were laid down in regulations this would mean that any changes to the standards would require secondary legislation.

Question 1):

How important do you feel it is that each of the following areas are included in the regulations for minimum standards of accommodation?

(Very important, somewhat important, fairly unimportant, very unimportant)

• are clean, bright, warm, well maintained and well ventilated
• are safe and secure (including any outdoor areas), free from avoidable hazards and have a secure entry system
• have toilets, nappy changing facilities and (where available) kitchen facilities that are in good condition with access to hot and cold water and compliant with existing environmental health and safety requirements
• have furniture, soft furnishings, toys and equipment (including outdoor play equipment) and appliances/fittings that are in good condition and compliant with health and safety requirements, including British Standards Institution (BSI) safety standards
• have adequate space to meet the needs of children and families using the centre, including sufficient waiting areas
• have at least two separate entrances/exits, where possible
• have access to age appropriate and good quality play equipment and play spaces, including outside space where possible
• have clearly defined emergency evacuation plans in place that staff, parents and children are aware of and that are well signposted
• have fire safety equipment that conforms with BSI safety standards
• have a first aid box

Do you have any further comments regarding your selections?

Question 2):

Are there any other areas that should be considered for the minimum standards for accommodation?

Yes / No / Don't Know

Why did you select your answer? If you have answered yes, please list the areas you consider should be covered.

Monitoring accommodation standards

2.30. It is envisaged that the body appointed to oversee regulation would carry out regular physical inspections of premises; would issue reports on the inspections; and would be involved in the complaints handling process.

2.31. In advance of the regulatory regime coming into effect, the regulatory body would carry out initial inspections of all the child contact centres that providers are seeking to register. This would involve a physical inspection of each premises to ensure the accommodation standards have been met.

2.32. Once a child contact service provider and their contact centre(s) are registered as a regulated contact service, the regulatory body would then carry out regular routine inspections to help ensure the standards laid down by the regulations are met. It is envisaged that these would be carried out on a three yearly basis, unless particular concerns regarding a child contact centre are raised, prompting an inspection during the three year period.

2.33. If an inspection identifies that accommodation standards have not been met, we would expect the child contact centre provider to be given the opportunity to address this within an appropriate timeframe. Should failure to meet accommodation standards continue, the child contact service could ultimately be removed from the register.

2.34. In their report, the Care Inspectorate identified a team that could potentially take on responsibility for inspecting child contact services, should the Care Inspectorate be appointed. They acknowledge that those staff would need to develop a knowledge and understanding of this sector and would require training in terms of their inspection teams' current specialisms given the nature of child contact services. It is intended that the person appointed to oversee child contact service regulation will have sufficient lead-in time from their appointment to when the regulations come into effect for such training to take place.

Question 3)

Do you agree with the proposed process for and frequency of inspections for a provider's registered premises?

Yes / No / Don't Know

Why did you select your answer?

Question 4)

Do you agree/disagree with the proposed sanctions for non-compliance with the accommodation standards?

Agree / Disagree / Don't know

Why did you select your answer?

What minimum standards should be set down in regulations for premises used on an ad hoc basis

Existing situation

2.35. To facilitate contact for families in remote areas, where there is no permanent contact centre, rural contact service providers will often utilise alternative premises on an ad hoc basis. These are referred to in this consultation as "alternative" premises. For example, in certain areas of north and west Scotland and in the Western Isles and Shetland there are no child contact centres, so the service provider may provide a "floating" service, which means that some premises are used very occasionally.

2.36. Section 101C(2)(e) allows the necessary flexibility for contact service providers operating in such areas to continue to provide services to families when necessary at alternative premises that are local to them.

2.37. If a place is not registered as a contact centre, it can still be used in the provision of regulated contact services. This will ensure that contact service providers can, if necessary, provide contact services on an ad hoc basis at premises that are not their regulated centres, if certain conditions (to be specified in the regulations) are met. Any premises used on this basis must also meet minimum standards that will be set down in the regulations. Failure to do so could also lead to removal of the contact service provider from the register.

2.38. Without this flexibility children and families requiring contact services in areas where there is no permanent centre would have to travel to other parts of Scotland, in some cases significant distances, in order to access services. This would not be in the best interests of the children involved.

2.39. It may also be necessary for a child contact centre provider to use alternative premises in other circumstances: for example, in a situation where their usual premises have been flooded or has suffered fire damage.

Proposal

2.40. The 2020 Act allows separate provision to be made in terms of the minimum standards set down under the regulations for alternative premises. It could be argued that the same range of standards should not apply to alternative premises as apply to a provider's registered premises. Alternative premises may only be used very intermittently or on a one-off basis for one family's contact sessions.

2.41. However, the intention behind regulation remains that any venue used by a child contact service should be safe, welcoming and child friendly and should be comfortable with adequate space and facilities.

2.42. On this basis we think that the same standards as have been outlined above for registered premises in the previous section should also apply for alternative premises.

Monitoring standards for alternative premises

2.43. As regards the monitoring of accommodation standards for alternative premises, it is envisaged that in advance of the regulations coming fully into effect the regulatory body will carry out initial inspections of all the child contact centres that a provider operates. As regards any alternative premises that the provider already uses on an ad hoc basis, this would mean the provider could provide the regulator with details of those alternative premises so that these could also be inspected. The provider could decide to register these premises if they perhaps use them regularly on an ad hoc basis.

2.44. Once the regulations are fully in force, there could be cases where new alternative premises may be needed on an ad hoc basis. If, for instance, a family referred to the contact service lives in an area that the provider hasn't previously covered, the provider may wish to find alternative premises closer to the family for contact to take place. There is likely to be a period of time between the referral being received and the contact sessions commencing. It is envisaged the provider would notify the regulatory body if intending to use new alternative premises so that an inspection could be carried out before contact sessions are due to start.

2.45. There could also potentially be situations where alternative premises are required unexpectedly: examples of this, as indicated above, could be where registered premises have been flooded or have suffered fire damage.

2.46. Where a new alternative premises is being used, or an alternative premises is required unexpectedly, and there is insufficient time for an inspection to take place prior to the contact sessions commencing, a child contact service could self-certify that the premises met the required standards. The service would then alert the regulator to the fact they have self-certified the premises and the regulator would be able to inspect the premises retrospectively. This would allow contact to continue if there was an unexpected or emergency situation which meant a registered premises or alternative premises, which had already been inspected, was not available.

2.47. If an inspection identifies that accommodation standards at an alternative premises have not been met, and where the child contact centre provider intends to use these premises again, we would expect the provider to be given them the opportunity to address the failings within an appropriate timeframe. Should failure to meet accommodation standards continue, the child contact service could ultimately be removed from the register.

2.48. A retrospective inspection may identify that the accommodation standards have not been met at alternative premises in a situation where the provider does not intend to use the premises again: for example, in an emergency situation. In these circumstances we would expect the regulator to note the failing against the provider and to discuss with them, as part of any improvement plan that is in place, how they can avoid the failure happening again. Should such a failure to meet accommodation standards be repeated, the child contact service could ultimately be removed from the register.

2.49. Where a provider decides to register an alternative premises as well as their main premises, for example, where they expect to use it from time to time to provide an outreach service, the alternative premises would be subject to routine inspections in the same way as their main premises, which we envisage being on a three yearly basis. Where a provider uses a premises unexpectedly, for example, in an emergency, or for a particular contact session(s), and they don't expect to use the venue again, we envisage there will be an initial or retrospective inspection, but no requirement for the premises to be registered and subject to further routine inspections.

Question 5):

Should the same minimum standards that apply to registered premises also apply to alternative premises?

Yes / No / Don't know

Why did you select your answer?

Question 6):

Are there any other areas that you think should be included in the minimum standards for alternative premises used on an ad hoc basis?

Yes / No / Don't know

Why did you select your answer? If you have answered yes, please list the areas you consider should be included

Question 7)

Do you agree/disagree with the proposed process for inspections for alternative premises used on an ad hoc basis?

Agree / Disagree / Don't know

Why did you select your answer?

Question 8)

Should a contact centre provider be able to self-certify a premises as appropriate in situations where alternative premises are required unexpectedly or in an emergency?

Yes / No / Don't Know

Why did you select your answer?

Adjustments for disabled people at child contact centres

2.50. Under section 101C(3)(d) of the 2020 Act the functions conferred on the body appointed to oversee regulation may include issuing reports on any failure, or possible failure, by a contact service provider to comply with the provider's duties under the Equality Act 2010 (the 2010 Act), and in particular any duty to make reasonable adjustments to premises in order to facilitate their use by disabled people.

2.51. The 2020 Act does not enable regulations to require child contact providers to make reasonable adjustments, since this is already a requirement under the 2010 Act, which is generally a reserved matter for Westminster. Instead section 101C(3)(d) focuses on helping to ensure the observance of the duties set out in the 2010 Act.

2.52. The 2010 Act requires service providers to make reasonable adjustments^[17] in circumstances where a disabled person is placed at a substantial disadvantage in comparison with non-disabled people. That requirement covers changing the way things are done; making changes to the built environment; and providing auxiliary aids and services. This is an anticipatory duty and providers must think in advance about what people with a range of impairments might reasonably need.

2.53. The Equality and Human Rights Commission (EHRC) has provided information on what service users can do if they think an organisation has not made reasonable adjustments.^[18] In its regulatory role the EHRC has a range of powers^[19] that enable them to enforce the law.

2.54. In terms of section 101C(3)(d) of the 2020 Act, if the body appointed to oversee child contact centre regulation becomes aware of a failure, or possible failure, at a child contact centre in terms of the existing duties to make reasonable adjustments for disabled people, the body can report publicly on this, for example, by publishing the report on its website. It would also be open to the body to formally ask the EHRC to consider enforcement.

2.55. On the basis that the 2010 Act is largely reserved to the UK Government, the Scottish Ministers cannot change the existing duties or legal enforcement powers in this area.

2.56. All child contact centre providers should be aware that some children and parents and employees may have particular needs in relation to the accessibility of the building and should ensure that appropriate action can be taken when they are accessing the provider's contact services and facilities. As noted above, the duty to make reasonable adjustments is anticipatory.

2.57. Child contact centre providers should think in advance about what people with a range of impairments might reasonably need. If they have not done this and a disabled parent or child wants to use a service, then the service provider should make reasonable adjustments as quickly as possible.

2.58. An organisation is not required to do more than it is reasonable for it to do, and this will depend, among other things, on its size and nature, and the nature of the facilities or services it provides, or the public functions it carries out.

Question 9):

Do you think the proposed arrangements to help ensure compliance with existing duties under the 2010 Act in relation to disabled access at child contact centres are adequate?

Yes / No / Don't Know

Why did you select your answer?