Office of Public Sector Information
26.—(1) Subject to regulation 4(3), the registered person shall not use the premises for the purposes of a day care setting unless the premises are suitable for the purpose of achieving the aims and objectives set out in the statement of purpose.
(2) The registered person shall, having regard to the number and needs of the service users, ensure that—
(a) the physical design and layout of the premises to be used as the day care setting meets the needs of the service users;
(b) the premises to be used as the day care setting are of sound construction and kept in a good state of repair externally and internally;
(c) equipment provided in the day care setting for use by service users or persons who work in the day care setting is in good working order, properly maintained in accordance with the manufacturer’s guidance, and suitable for the purpose for which it is to be used;
(d) all parts of the day care setting are kept clean and reasonably decorated;
(e) the size and layout of rooms used by service users are suitable for their needs;
(f) there is adequate seating, recreational and, where appropriate, dining space;
(g) there are provided at appropriate places in the premises sufficient numbers of lavatories and washing facilities fitted with a hot and cold water supply;
(h) any necessary sluicing facilities are provided;
(i) there is suitable storage provision for the purposes of the day care setting;
(j) suitable adaptations are made, and such support, equipment and facilities, including passenger lifts, as may reasonably be required are provided to meet the needs of service users;
(k) ventilation, heating, cooling and lighting suitable for service users is provided in all parts of the day care setting which are used by service users;
(l) the engineering services are maintained in good working order;
(m) any vehicle used by the day care setting for transporting service users is suitable for that purpose and maintained in good working order; and
(n) a risk assessment to manage health and safety is carried out and updated when necessary.
(3) The registered person shall, having regard for the number of persons employed and the duties they undertake provide, where appropriate, suitable facilities for staff.
(4) The registered person shall—
(a) have in place a current written risk assessment and fire management plan which is revised and actioned when necessary or whenever the fire risk has changed;
(b) take adequate precautions against the risk of fire, including the provision of suitable fire equipment;
(c) provide adequate means of escape;
(d) make adequate arrangements—
(i) for detecting, containing and extinguishing fires;
(ii) for giving warnings of fires;
(iii) for the evacuation, in the event of fire, of all persons in the day care setting 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;
(e) make arrangements for persons employed in the day care setting to receive suitable training from a competent person in fire prevention; and
(f) ensure, by means of fire drills and practices at suitable intervals, that the persons employed in the day care setting and, so far as practicable, service users, are aware of the procedure to be followed in case of fire, including the procedure for saving life.
27.—(1) The registered provider shall carry on the day care setting in such a manner as is likely to ensure that the day care setting will be financially viable for the purpose of achieving the aims and objectives set out in the statement of purpose.
(2) The registered person shall, if the Regulation and Improvement Authority so requests, provide such information and documents to the Regulation and Improvement Authority as it may require for the purpose of considering the financial viability of the day care setting, including—
(a) the annual accounts of the day care setting certified by an accountant;
(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 day care setting;
(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 in relation to the day care setting in respect of death, injury, public liability, damage or other loss.
(3) The registered person shall—
(a) ensure that adequate accounts are maintained in respect of the day care setting and kept up to date;
(b) ensure that the accounts give details of the running costs of the day care setting, 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 Regulation and Improvement Authority 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.
28.—(1) Where the registered provider is an individual who does not manage the day care setting himself, he shall visit the day care setting in accordance with this regulation.
(2) Where the registered provider is an organisation or partnership, the day care setting shall be visited in accordance with this regulation by—
(a) the responsible individual or one of the partners, as the case may be;
(b) a director or other person responsible for the management of the organisation or partnership; or
(c) an employee of the organisation or the partnership who is not directly concerned with the conduct of the day care setting.
(3) Visits under paragraph (1) or (2) shall take place at least once a month or as agreed with the Regulation and Improvement Authority and may be unannounced.
(4) The person carrying out the visit shall—
(a) interview, with their consent and in private, such of the service users and their representatives and persons employed in the day care setting as appears necessary in order to form an opinion of the standard of care provided in the day care setting;
(b) inspect the premises of the day care setting, its record of events and records of any complaints; and
(c) prepare a written report on the conduct of the day care setting.
(5) The registered provider shall maintain a copy of the report required to be made under paragraph (4)(c) in the day care setting and make it available on request to—
(a) the Regulation and Improvement Authority;
(b) the registered manager;
(c) a service user or his representative;
(d) an officer of the HSS trust in the area of which the day care setting is situated;
(e) in the case of a visit under paragraph (2)—
(i) where the registered provider is an organisation, to each of the directors or other persons responsible for the management of the organisation; and
(ii) where the registered provider is a partnership, to each of the partners.
The Day Care Setting Regulations (Northern Ireland) 2007