22Emergency authorisation of residential care worker

22 Emergency authorisation of residential care worker

22 Emergency authorisation of residential care worker

(1) A designated agency may, in an emergency, authorise a person as an authorised carer if the person is—

(a) an employee of the agency whose duties include providing, or supervising the provision of, care to children or young persons, or

(b) a contractor, being a natural person engaged by the agency under a contract to provide services including providing, or supervising the provision of, care to children or young persons, or

(c) an employee of a contractor whose duties as an employee include providing care to children or young persons.

(2) The authorisation—

(a) may be for a maximum of 72 hours, and

(b) takes effect when a child or young person is placed with the person.

(3) A designated agency must not authorise the person unless—

(a) the agency is satisfied the person has complied with the requirements of the Child Protection (Working with Children) Act 2012 for engaging in child-related work as an authorised carer, and

(b) the agency has obtained from the person the information the agency reasonably required to assess the person’s capability and suitability to be an authorised carer, and

(c) the agency has taken into account—

(i) the relevant functions of an authorised carer and the risk the person would be unable to properly perform the functions, and

(ii) relevant information available to the agency.

(4) For the purpose of assessing the person’s suitability, the designated agency may make inquiries about the person the agency considers appropriate, including—

(a) a nationwide criminal record check, and

(b) another relevant probity check relating to the previous employment or other activities of the person.

(5) The principal officer of a designated agency must carry out the functions of the agency under this section, unless the Children’s Guardian approves the carrying out of the functions by another person.