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The National Assembly for Wales, in exercise of the powers conferred upon it by sections 3(3), 22(1), (2)(a) to (d) and (f) to (j), (5), (7)(a) to (j) and (l), 25(1), 33, 34(1), 35 and 118(5) to (7) of the Care Standards Act 2000[1], having consulted such persons as it considers appropriate[2], hereby makes the following Regulations: - Citation, commencement and application 1. - (1) These Regulations may be cited as the Care Homes (Wales) Regulations 2002 and shall come into force on 1st April 2002. (2) These Regulations apply in relation to care homes in Wales. Interpretation 2. - (1) In these Regulations -
(b) in any other case, any office of the National Assembly;
(b) performs personal medical services in connection with a pilot scheme under the National Health Service (Primary Care) Act 1997[6]; or (c) provides services which correspond to services provided under Part II of the National Health Service Act 1977, otherwise than in pursuance of that Act;
(b) any parent, grandparent, child, grandchild, brother, sister, uncle, aunt, nephew or niece of the person, or of the person's spouse; (c) the spouse of any relative within sub-paragraph (b) of this definition; (d) any individual with whom the person was accommodated for more than 28 days between the ages of sixteen and eighteen under fostering arrangements, or the individual's spouse;
and for the purpose of determining any such relationship a person's step-child shall be treated as his child, and references to "spouse" include a former spouse and a person who is living with the person as if they were husband and wife;
(2) In these Regulations, unless the context otherwise requires, a reference -
(b) in a regulation or Schedule to a numbered paragraph is to the paragraph in that regulation or Schedule bearing that number; (c) in a paragraph to a lettered or numbered sub-paragraph is to the sub-paragraph in that paragraph bearing that letter or number.
(3) In these Regulations, unless the contrary intention appears, references to employing a person include -
(b) employing a person under a contract of service or a contract for services; and (c) allowing a person to work as a volunteer;
and references to an employee or to a person being employed shall be construed accordingly.
(b) it provides accommodation, together with nursing or personal care, for less than 28 days in any 12 month period; (c) it is a health service hospital at which nursing is provided; (d) it provides accommodation, together with nursing, and is vested -
(ii) in an NHS trust[9];
(e) it is a university;
(2) For the purposes of paragraph (1), "university" includes -
(b) any college, or institution in the nature of a college, of a university.
(3) The exception in paragraph (1)(d) does not apply if -
(b) the number of such persons is more than a tenth of the number of students to whom it provides both education and accommodation.
Statement of purpose
(b) a statement as to the facilities and services which are to be provided by the registered person for service users; and (c) a statement as to the matters listed in Schedule 1.
(2) The registered person shall provide a copy of the statement of purpose to the appropriate office of the National Assembly and shall make it available upon request for inspection at any reasonable time by any service user and any representative of a service user.
(b) the conditions for the time being in force in relation to the registration of the registered person under Part II of the Act.
Service user's guide
(b) the terms and conditions in respect of accommodation to be provided for service users, including as to the amount and method of payment of fees; (c) a standard form of contract for the provision of services and facilities by the registered provider to service users; (d) either a summary of the most recent inspection report or a copy of that report; (e) a summary of the complaints procedure established under regulation 23; (f) the address and telephone number of the appropriate office of the National Assembly.
(2) The registered person shall -
(b) provide a copy of the current version of the service user's guide to each service user when first accommodated in the home; and (c) subsequent to the provision described in sub-paragraph (b) provide further copies at the request of the service user.
(3) Where a local authority has made arrangements for the provision of accommodation, nursing or personal care to the service user at the care home, the registered person shall supply to the service user a copy of the agreement specifying the arrangements made.
(b) if the service user's guide is revised, supply a revised copy to each service user.
(2) The registered person shall, whenever practicable, notify the appropriate office of the National Assembly of any revision to be made to the statement of purpose at least 28 days before it is to take effect. Fitness of registered provider 7. - (1) A person shall not carry on a care home unless he or she is fit to do so. (2) A person is not fit to carry on a care home unless the person -
(b) is an organisation and -
(ii) that individual satisfies the requirements set out in paragraph (3).
(3) The requirements are that -
(b) he or she is physically and mentally fit to carry on, or (as the case may be) be responsible for supervising the management of, the care home; and (c) full and satisfactory information or documentation is available in relation to him or her -
(ii) where paragraph (4) applies, in respect of each matter specified in paragraphs 1 and 3 to 7 of Schedule 2.
(4) This paragraph applies where any certificate or information on any matters specified in paragraph 2 of Schedule 2 is not available to an individual because any provision of the Police Act 1997[11] has not been brought into force.
(b) he or she has made a composition or arrangement with his or her creditors and has not been discharged in respect of it.
Appointment of manager
(b) the registered provider -
(ii) is not a fit person to manage a care home; or (iii) is not, or does not intend to be, in full-time day-to-day charge of the care home.
(2) Where the registered provider appoints a person to manage the care home he shall forthwith give notice to the appropriate office of the National Assembly of -
(b) the date on which the appointment is to take effect.
(3) If the registered provider is to manage the care home he or she shall forthwith give notice to the appropriate office of the National Assembly of the date on which such management is to begin.
(b) having regard to the size of the care home, the statement of purpose, and the number and needs of the service users -
(ii) he or she has the skills and experience necessary to manage the care home; and
(c) full and satisfactory information or documentation is available in relation to him or her -
(ii) where paragraph (3) applies, in respect of each matter specified in paragraphs 1 and 3 to 7 of Schedule 2.
(3) This paragraph applies where any certificate or information on any matters specified in paragraph 2 of Schedule 2 is not available to an individual because any provision of the Police Act 1997[12] has not been brought into force.
(b) an organisation, it shall ensure that the responsible individual undertakes,
from time to time such training as is appropriate to ensure that he or she has the experience and skills necessary for carrying on the care home.
(b) the offence of which he or she was convicted; and (c) the penalty imposed in respect of the offence.
Health and welfare of service users 12. - (1) The registered person shall ensure that the care home is conducted so as -
(b) to make proper provision for the care and, where appropriate, treatment, education and supervision of service users.
(2) The registered person shall so far as practicable enable service users to make decisions with respect to the care they are to receive and their health and welfare.
(b) with due regard to the sex, sexual orientation, religious persuasion, racial origin, and cultural and linguistic background and any disability of service users.
(5) The registered provider and registered manager (if any) shall, in relation to the conduct of the care home -
(b) encourage and assist staff to maintain good personal and professional relationships with service users.
Further requirements as to health and welfare
(b) to receive where necessary treatment, advice and other services from any health care professional.
(2) The registered person shall make arrangements for the recording, handling, safe keeping, safe administration and disposal of medicines received into the care home.
(b) any activities in which service users participate are so far as reasonably practicable free from avoidable risks; (c) unnecessary risks to the health or safety of service users are identified and so far as possible eliminated; and (d) suitable arrangements are made for the training of staff in first aid.
(5) The registered person shall make suitable arrangements to provide a safe system for moving and handling service users.
(b) the registered person has obtained a copy of the assessment; (c) there has been appropriate consultation regarding the assessment with the service user or a representative of the service user; (d) the registered person has confirmed in writing to the service user that having regard to the assessment the care home is suitable for the purpose of meeting the service user's needs in respect of his health and welfare.
(2) The registered person shall ensure that the assessment of the service user's needs is -
(b) reviewed at any time when it is necessary to do so having regard to any change of circumstances.
Service user's plan
(b) make the service user's plan available to the service user; (c) keep the service user's plan under review; (d) where appropriate, and after consultation with the service user or a representative of the service user, if it is practicable to carry out consultation, revise the service user's plan; and (e) notify the service user of any such revision.
Facilities and services
(ii) appropriate facilities for communication by facsimile transmission.
(b) provide telephone facilities which are suitable for the needs of service users, and make arrangements to enable service users to use such facilities in private;
(3) The registered person shall ensure that so far as practicable service users have the opportunity to attend religious services of their choice.
(b) ensure that the record referred to in sub-paragraph (a) is kept securely in the care home or if the home closes keep the record securely elsewhere and make it available for inspection by the National Assembly at its request.
(2) The registered person shall maintain in the care home the records specified in Schedule 4 or if the home closes keep the records elsewhere and make them available for inspection by the National Assembly at its request.
(b) ensure that the employment of any persons on a temporary basis at the care home will not prevent service users from receiving such continuity of care as is reasonable to meet their needs; (c) ensure that the persons employed by the registered person to work at the care home receive -
(ii) suitable assistance, including time off, for the purpose of obtaining further qualifications appropriate to such work.
(2) The registered person shall ensure that persons working at the care home are appropriately supervised.
(b) provides, whether or not in connection with nursing, medicines or medical treatment to service users;
the registered person shall ensure that at all times a suitably qualified registered nurse is working at the care home.
(b) allow a volunteer to work at the care home unless that person is fit to do so; (c) allow any other person to work at the care home in a position in which he or she may in the course of his or her duties have regular contact with service users or with any other person of a description falling within section 3(2) of the Act[13] at the care home unless that person is fit to do so.
(2) For the purposes of paragraph (1), a person is not fit to work at a care home unless -
(b) he or she has the qualifications, skills, competence and experience necessary for the work he or she is to perform; (c) he or she is physically and mentally fit for the purposes of the work he or she is to perform; (d) full and satisfactory information or documentation is available in relation to him or her in respect of the following matters -
(ii) where paragraph (3) applies, the matters specified in paragraphs 1 and 3 to 7 of that Schedule.
(3) This paragraph applies where any certificate or information on any matters specified in paragraph 2 of Schedule 2 is not available to an individual because any provision of the Police Act 1997 has not been brought into force.
(b) unless paragraph (5) applies, no such person starts work at a care home until such time as paragraph (2)(d) has been complied with in relation to that person.
(5) Where the following conditions apply, the registered person may permit a person to start work at a care home notwithstanding paragraph (4)(b) -
(b) full and satisfactory information or documentation in relation to that person has been obtained in respect of -
(ii) except where paragraph (3) applies, the matter specified in paragraph 2 of that Schedule; (iii) where paragraph (3) applies, the matter specified in paragraph 7 of that Schedule;
(c) in the reasonable opinion of the registered person the circumstances are exceptional; and
(6) Paragraph (2)(d), in so far as it relates to paragraph 2 of Schedule 2, shall not apply until 1st April 2003 in respect of a person who immediately before 1st April 2002 is the subject of an arrangement under which they are to work at the care home.
(b) the account is not used by the registered person in connection with the carrying on or management of the care home.
(2) Paragraph (1) does not apply to money which is paid to the registered person in respect of charges payable by a service user for accommodation or other services provided by the registered person at the care home.
(b) provides that a failure on the part of an employee to report an incident of abuse, or suspected abuse of a service user accommodated in the care home to an appropriate person is a ground on which disciplinary proceedings may be instituted.
(2) For the purposes of paragraph (1), an appropriate person is the registered person, an officer of either the National Assembly responsible for exercising any of its functions under Part II of the Act or the local authority for the area in which the home is situated, or a constable.
(b) the procedure (if any) that has been notified by the National Assembly to the registered person for the making of complaints to the National Assembly relating to the care home.
(8) The registered person shall supply to the appropriate office of the National Assembly at its request a statement containing a summary of the complaints made during the preceding twelve months and the action that was taken in response to each complaint. Fitness of premises 24. - (1) Subject to regulation 4(3), the registered person shall not use premises for the purposes of a care home unless -
(b) the location of the premises is appropriate to the needs of the service users.
(2) The registered person shall having regard to the number and needs of the service users ensure that -
(b) the premises to be used as the care home are of sound construction and kept in a good state of repair externally and internally; (c) equipment provided at the care home for use by service users or persons who work at the care home is maintained in good working order; (d) all parts of the care home are kept clean and reasonably decorated; (e) adequate private and communal accommodation is provided for service users; (f) the size and layout of rooms occupied or used by service users are suitable for their needs; (g) there is adequate sitting, recreational and dining space provided separately from the service user's private accommodation; (h) the communal space provided for service users is suitable for the provision of social, cultural and religious activities appropriate to the circumstances of service users; (i) suitable facilities are provided for service users to meet visitors in communal accommodation, and in private accommodation which is separate from the service users' own private rooms; (j) there are provided at appropriate places in the premises sufficient numbers of lavatories, and of wash-basins, baths and showers fitted with a hot and cold water supply; (k) any necessary sluicing facilities are provided; (l) suitable provision is made for storage for the purposes of the care home; (m) suitable storage facilities are provided for the use of service users; (n) suitable adaptations are made, and such support, equipment and facilities, including passenger lifts, as may be required are provided, for service users who are old, infirm or physically disabled; (o) external grounds which are suitable for, and safe for use by, service users are provided and appropriately maintained; (p) ventilation, heating and lighting suitable for service users is provided in all parts of the care home which are used by service users; (q) the premises are secure from unauthorised access.
(3) The registered person shall provide for staff -
(ii) storage facilities;
(b) sleeping accommodation where the provision of such accommodation is needed by staff in connection with their work at the care home .
(4) The registered person shall -
(b) provide adequate means of escape; (c) make adequate arrangements -
(ii) for giving warnings of fires; (iii) for the evacuation, in the event of fire, of all persons in the care home and safe placement of service users; (iv) for the maintenance of all fire equipment; and (v) for reviewing fire precautions, and testing fire equipment, at suitable intervals;
(d) make arrangements for persons working at the care home to receive suitable training in fire prevention;
(5) The registered person shall undertake appropriate consultation with the authority responsible for environmental health for the area in which the care home is situated. Review of quality of care 25. - (1) The registered person shall establish and maintain a system for -
(b) improving, the quality of care provided at the care home, including the quality of nursing where nursing is provided at the care home.
(2) The registered person shall supply to the appropriate office of the National Assembly a report in respect of any review conducted by him or her for the purposes of paragraph (1), and make a copy of the report available to service users.
(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 care home; (d) where the registered provider 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 or her in relation to the care home in respect of death, injury, public liability, damage or other loss.
(3) The registered person shall -
(b) ensure that the accounts give details of the running costs of the care home, 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 National Assembly 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.
(b) another of the directors or other persons responsible for the management of the organisation who is suitable to visit the home; or (c) an employee of the organisation who is not directly concerned with the conduct of the care home who is suitable to visit the home.
(3) Visits under paragraph (1) or (2) shall take place at least once every three months and may be unannounced.
(b) inspect the premises of the care home, its record of events and records of any complaints; and (c) prepare a written report on the conduct of the care home.
(5) The registered provider shall supply a copy of the report required to be made under paragraph (4)(c) to -
(b) in the case of a visit under paragraph (2), to each of the directors or other persons responsible for the management of the organisation.
Application of this Part 28. The provisions of this Part shall apply where any child is accommodated in the care home. Interpretation 29. In regulation 2, paragraph (1) shall have effect as if -
(b) the following definitions were added at the appropriate places -
Statement of purpose
Registered person
(2) In regulation 9, paragraph (2) shall have effect as if at the end of that paragraph there were added the following -
(ii) another person has been appointed for the purpose of assisting in the management of the care home, and the qualifications of the person so appointed are suitable for the purpose of working with children.".
(3) In regulation 10, paragraph (1) shall have effect as if for the words "and the number and needs of the service users," there were substituted the words "the number and needs of the service users and the need to safeguard and promote the welfare of children accommodated in the care home,".
(b) the provision of facilities and services to them,
shall, so far as it is practicable to do so, be made separately from other service users.
(b) any reference to the children's home or the home were to the care home.
(3) Where the registered person notifies the National Assembly in accordance with regulation 29 of the Children's Homes (Wales) Regulations 2002 of any of the following events, namely -
(b) the outbreak of any infectious disease at the care home or involving children accommodated at the care home,
he will not be required to give separate notice of that event to the appropriate office of the National Assembly under regulation 38 (notification of death etc.) of these Regulations.
Staff disciplinary procedure
(b) in paragraph (3) of regulation 25, for the words "and their representatives" there were substituted the words " , their representatives, the parents of the children accommodated at the care home and, in relation to those children, the placing authorities"; (c) there were added at the end of regulation 25 the following paragraph -
Offences
(b) regulations 32 and 35; and (c) the provisions described in paragraph (2) of regulation 33.".
Notification of death, illness and other events 38. - (1) The registered person shall give notice to the appropriate office of the National Assembly without delay of the occurrence of -
(b) the outbreak in the care home of any infectious disease which in the opinion of any registered medical practitioner attending persons in the care home is sufficiently serious to be so notified; (c) any serious injury to a service user; (d) a serious illness of a service user at a care home at which nursing is not provided; (e) any event in the care home which affects the well-being or safety of any service user; (f) any theft, burglary or serious accident in the care home; (g) any allegation of misconduct by the registered person or any person who works at the care home.
(2) Any notification made in accordance with this regulation which is given orally shall be confirmed in writing.
(b) a registered manager,
is to be absent from the care home for a continuous period of 28 days or more, the registered person shall give notice in writing to the appropriate office of the National Assembly of the proposed absence.
(b) the reason for it; (c) the arrangements which have been made for the running of the care home; (d) the name, address and qualifications of the person who will be responsible for the care home during the absence; and (e) arrangements that have been or are proposed to be made for appointing another person to manage the children's home during the absence, including the proposed date by which the appointment is to be made.
(3) Where an absence referred to in paragraph (1) is to arise as a result of an emergency, the registered provider shall give notice of the absence within one week of the emergency's occurrence specifying the matters in sub-paragraphs (a) to (e) of paragraph (2).
(b) a registered manager;
has been absent from the children's home for a continuous period of 28 days or more, and the appropriate office of the National Assembly has not been given notice of the absence, the registered person shall forthwith give notice in writing to that effect specifying the matters mentioned in paragraphs (a) to (e) of paragraph (2).
(b) a person ceases, or proposes to cease, to carry on or manage the care home; (c) where a registered person is an individual, he or she changes, or proposes to change, his or her name; (d) where the registered provider is an organisation -
(ii) there is, or is proposed to be, any change of director, manager, secretary or other similar officer of the organisation;
(e) there is, or is proposed to be, any change in the identity of the responsible individual;
Notice of termination of accommodation
(b) the person who appears to be the service user's next of kin; and (c) where a local authority has made arrangements for the provision of accommodation, nursing or personal care to the service user at the care home, that authority.
(2) If it is impracticable for the registered person to comply with the requirement in paragraph (1) -
(b) he shall provide to the National Assembly a statement as to the circumstances which made it impracticable for him to comply with the requirement.
Appointment of liquidators etc
(b) appoint a manager to take full-time day-to-day charge of the care home in any case where there is no registered manager; and (c) within 28 days of his or her appointment notify the appropriate office of the National Assembly of his or her intentions regarding the future operation of each care home to which the appointment relates.
(2) This paragraph applies to any person appointed as -
(b) a liquidator or provisional liquidator of a company which is a registered provider of a care home; or (c) the receiver or manager of the property of a partnership whose business includes carrying on a care home; or (d) the trustee in bankruptcy of a registered provider of a care home.
Death of registered person
(b) within 28 days of their intentions regarding the future running of the home.
(3) The personal representatives of a deceased registered provider may carry on the care home without being registered in respect of it -
(b) for any further period as may be determined in accordance with paragraph (4).
(4) The National Assembly may determine a period, not exceeding one year, for the purposes of paragraph (3)(b) and shall notify any such determination to the personal representatives in writing.
(b) no person other than the registered provider manages the care home; (c) the care home is, or forms part of -
(ii) if the registered provider has more than one home, the home where he or she ordinarily resides;
(d)
(ii) no more than three service users are accommodated in the home if every such service user was accommodated under an agreement described in sub-paragraph (e) at any time before 1st April 2002;
(e) a placement agreement has been made in respect of each of the service users;
(2) In this regulation, "placement agreement" means an agreement that -
(ii) the service user; and (iii) the local authority or other body which manages a scheme ("adult placement scheme" ("cynllun lleoliadau oedolion")) under which it has arranged or proposes to arrange for the service user to be accommodated in a care home;
(b) makes provision for the following matters -
(ii) the room to be occupied by the service user; (iii) the services to be provided to the service user; (iv) the fees to be charged; (v) the qualifications and experience of the registered provider; (vi) the terms and conditions in respect of the accommodation and services to be provided; (vii) the services and assistance to be provided under the adult placement scheme under which the accommodation is or has been arranged.
Modification of regulations in respect of adult placement carers
(b) paragraph (2) were omitted.
(5) Regulation 16 (facilities and services) shall have effect as if in sub-paragraph (j) of paragraph (2) of that regulation the words "and consult with the environmental health authority about those arrangements" were omitted.
(b) in paragraph (2) of that regulation, sub-paragraphs (a) to (d) were omitted. (c) paragraphs (3) and (4) of that regulation were omitted.
(8) Schedule 3 (records to be kept in a care home in respect of each service user) shall have effect as if sub-paragraph (i) of paragraph 3 of that Schedule were omitted.
(b) the Nursing Homes and Mental Nursing Homes Regulations 1984[16].
1. The name and business address of every registered person. 2. The relevant qualifications and experience of every registered person. 3. The number, relevant qualifications and experience of the staff working at the care home. 4. The organisational structure of the care home. 5. The age-range and sex of the service users for whom it is intended that accommodation should be provided. 6. The range of needs that the care home is intended to meet. 7. Whether nursing is to be provided. 8. Any criteria used for admission to the care home, including the care home's policy and procedures (if any) for emergency admissions. 9. The arrangements for service users to engage in social activities, hobbies and leisure interests. 10. The arrangements made for consultation with services users about the operation of the care home. 11. The fire precautions and associated emergency procedures in the care home. 12. The arrangements made for service users to attend religious services of their choice. 13. The arrangements made for contact between services users and their relatives, friends and representatives. 14. The arrangements for dealing with complaints. 15. The arrangements for dealing with reviews of the service user's plan referred to in regulation 15(1). 16. The number and size of rooms in the care home. 17. Details of any specific therapeutic techniques used in the care home and arrangements made for their supervision. 18. The arrangements for respecting the privacy and dignity of service users. 19. The arrangements made to discharge the obligation of the registered person under regulation 12 (4)(b). 20. Details of -
(b) the methods of control that may be used in the home (if any) and the circumstances in which, and by whom, they may be used.
1. Proof of identity including a recent photograph. 2. Either -
(b) in any other case, a criminal record certificate issued under section 113 of that Act in respect of which less than three years have elapsed since it was issued,
including, where applicable, the matters specified in section 113(3A) or (3C) or 115(6A) or (6B) of that Act[20].
(b) in respect of which he or she has been cautioned by a constable and which, at the time the caution was given, he or she admitted.
1. The following documents in respect of each service user -
(b) the service user's plan referred to in regulation 15(1).
2.
A recent photograph of the service user.
(b) the name, address and telephone number of the service user's next of kin or of any person authorised to act on his or her behalf; (c) the name, address and telephone number of the service user's general practitioner and of any officer of a local social services authority whose duty it is to supervise the welfare of the service user; (d) the date on which the service user entered the care home; (e) the date on which the service user left the care home and the place he or she went to; (f) if the service user died at the care home, the date, time and cause of death; (g) the name and address of any authority, organisation or other body which arranged the service user's admission to the care home; (h) a record of all medicines kept in the care home for the service user, and the date on which they were administered to the service user; (i) a record of any accident affecting the service user in the care home and of any other incident in the care home which is detrimental to the health or welfare of the service user, which record shall include the nature, date and time of the accident or incident, whether medical treatment was required and the name of the persons who were respectively in charge of the care home and supervising the service user; (j) a record of any nursing provided to the service user, including a record of his or her condition and any treatment or surgical intervention; (k) details of any specialist communications needs of the service user and methods of communication that may be appropriate to the service user; (l) details of any plan relating to the service user in respect of medication, nursing, specialist health care or nutrition; (m) a record of incidence of pressure sores and of consequent treatment provided to the service user; (n) a record of falls and of consequent treatment provided to the service user; (o) a record of any physical restraint used on the service user; (p) a record of any limitations agreed with the service user as to the service user's freedom of choice, liberty of movement and power to make decisions.
4.
Copies of the care home's correspondence relating to each service user. 1. A copy of the statement of purpose. 2. A copy of the service user's guide. 3. A record of all accounts kept in the care home. 4. A copy of all inspection reports. 5. A copy of any report made under regulation 27(4)(c). 6. A record of all persons working at the care home, which shall include in respect of an individual falling within regulation 19(1) the following matters -
(b) a copy of his or her birth certificate and passport (if any); (c) a copy of each reference obtained in respect of him or her; (d) the dates on which he or she commences and ceases to be so employed; (e) the position he or she holds at the care home, the work that he or she performs and the number of hours for which he or she is employed each week; (f) correspondence, reports, records of disciplinary action and any other records in relation to his or her employment.
7.
A copy of the duty roster of persons working at the care home, and a record of whether the roster was actually worked.
(b) shall include the written acknowledgement of the return of the money or valuables.
10.
A record of furniture brought by a service user into the room occupied by him or her.
(b) any incident which is detrimental to the health or welfare of a service user, including the outbreak of infectious disease in the care home; (c) any injury or illness; (d) any fire; (e) except where a record has been made under paragraph 14, any occasion on which the fire alarm equipment is operated; (f) any theft or burglary.
13.
Records of the food provided for service users in sufficient detail to enable any person inspecting the record to determine whether the diet is satisfactory, in relation to nutrition and otherwise, and of any special diets prepared for individual service users. 1. A statement of the facilities and services to be provided, within and outside the home, for the children accommodated in the home. 2. The following details -
(b) whether it is intended to accommodate children who are disabled, have special needs, or any other special characteristics; (c) the range of needs (other than those mentioned in sub-paragraph (b)) that the home is intended to meet.
3.
The criteria used for admission to the care home, including the care home's policy and procedures for emergency admissions (if the care home provides for emergency admissions). 1. Compliance with any plan for the care of the child prepared by the placing authority and the placement plan of each child accommodated in the care home. 2. The deposit and issue of money and other valuables handed in for safekeeping. 3. Daily menus. 4. All accidents and injuries sustained in the care home or by children accommodated there. 5. Any illnesses of children accommodated in the care home. 6. Complaints in relation to children accommodated in the care home and their outcomes. 7. Any allegations or suspicions of abuse in respect of children accommodated in the care home and the outcome of any investigation. 8. Staff recruitment records and conduct of required checks for new workers in the care home. 9. Visitors to the care home and to children in the care home. 10. Notifications of the events listed in Schedule 5 to the Children's Homes (Wales) Regulations 2002. 11. Any unauthorised absence from the care home of a child accommodated there. 12. The use of any disciplinary measures in respect of children accommodated in the care home. 13. The use of physical restraint in respect of children accommodated in the care home. (This note is not part of the Regulations) These Regulations are made under the Care Standards Act 2000 ('the Act') and apply in relation to care homes in Wales. Parts I and II of the Act provide for the National Assembly to, in relation to Wales, register and inspect establishments and agencies. It also provides powers for regulations to be made by the National Assembly in relation to Wales governing the conduct of establishments and agencies. The majority of Parts I and II of the Act (in so far as not already in force) will be brought into force on 1st April 2002. These new arrangements replace the regulatory system provided for in relation to residential care and nursing homes under the Registered Homes Act 1984. Regulation 3 excludes from the definition of care home under section 3 of the Act: family care settings (which includes the continuing care of certain foster children after the age of eighteen); establishments that provide accommodation for less than 28 days in a year; certain NHS facilities providing nursing; and certain education institutions. Under regulations 4 and 5, each home must have a statement of purpose consisting of the matters set out in Schedule 1, and supply a guide to the home to each service user. Regulations 7 to 10 make provision about the fitness of the persons carrying on and managing the home, and require satisfactory information to be available in relation to certain specified matters. Where an organisation carries on the home, it must nominate a responsible individual in respect of whom this information must be available (regulation 7). Regulation 8 prescribes the circumstances where a manager must be appointed for the home, and regulation 10 imposes general requirements in relation to the proper conduct of the home, and the need for appropriate training. Part III makes provision about the conduct of care homes, in particular as to the health and welfare of service users, and as to the facilities and services that are to be provided. Provision is also made about record keeping, the staffing of homes, the fitness of workers and about complaints. Part IV makes provision about the suitability of premises and about fire precautions. Part V deals with the management of care homes. Regulation 25 requires the registered person to establish a system for reviewing and improving the quality of care provided by the home. Regulation 26 imposes requirements relating to the home's financial position. Regulation 27 requires the registered provider to visit the home as prescribed. Part VI makes special provision which applies where children are accommodated in the home. Part VII deals with miscellaneous matters including the giving of notices to the National Assembly. Regulation 44 provides for offences. Regulations 45 and 46 effect a modification of the regulations in respect of adult placement carers. Regulation 48 allows the National Assembly to specify offices in parts of Wales for the giving of notices to it under the Regulations. Notes: [1] 2000 c.14. The powers are exercisable by the appropriate Minister, who is defined in section 121(1), in relation to Wales, as the National Assembly and, in relation to England, Scotland and Northern Ireland, as the Secretary of State. See section 121(1) for the definitions of "prescribed" and "regulations".back [2] See section 22(9) of the Act for the requirement to consult.back [9] See section 5 of the NHS and Community Care Act 1990 (c.19) as amended by paragraph 69 of Schedule 1 to the Health Authorities Act 1995 (c.17) and section 13(1) of the Health Act 1999(c.8).back [11] 1997 c.50. Sections 113 and 115, as amended, have not yet been brought into force. See further the footnotes to paragraph 2 of Schedule 2 to these regulations.back [12] 1997 c.50. Sections 113 and 115, as amended, have not yet been brought into force. See further the footnotes to paragraph 2 of Schedule 2 to these regulations.back [13] Section 3(2) of the Act refers to persons who are or have been ill; who have or have had a mental disorder; who are disabled or infirm; and who are or have been dependent on alcohol or drugs.back [14] S.I. 2002/327 (W.40).back [18] Section 115(ea) is inserted by the Care Standards Act 2000, section 104, on a date to be appointed. Sections 113 and 115, as amended, have not yet been brought into force.back [19] A position is within section 115(3) if it involves regularly caring for, training, supervising or being in sole charge of persons aged under 18. A position is within section 115(4) if it is of a kind specified in regulations and involves regularly caring for, training, supervising or being in sole charge of persons aged 18 or over.back [20] Sections 113(3A) and 115(6A) are added to the Police Act 1997 by section 8 of the Protection of Children Act 1997 (c.14) from a date to be appointed, and amended by section 104 and 116 of, and paragraph 25 of Schedule 4 to, the Care Standards Act 2000. Sections 113(3C) and 115(6B) are added to the Police Act 1997 by section 90 of the Care Standards Act 2000 on a date to be appointed.back [22] S.I. 1975/1023. At the coming into force of these regulations the following instruments have made relevant amendments to the Order: S.I. 1986/1249; 1986/2268; and S.I. 2001/1192.back
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