Regulation 19(2)
1. A copy of the statement of purpose.
2. A copy of the service user’s guide.
3. A record of all accounts relating to the day care setting.
4. A copy of all inspection reports.
5. A copy of any report made under regulation 28(4)(c) and a copy of any written record or report made under regulation 29.
6. A record of all persons employed in the day care setting, including in respect of each person so employed—
(a) his full name, address, date of birth, qualifications, experience and if applicable, confirmation of his registration status with an appropriate professional regulatory body;
(b) a copy of his birth certificate and passport (if any);
(c) a copy of each reference obtained in respect of him;
(d) the dates on which he commences and ceases to be so employed;
(e) the position he holds in the day care setting, the work that he performs and the number of hours for which he is employed each week;
(f) correspondence, reports, records of disciplinary action and any other records in relation to his employment including the recruitment process under which he was appointed;
(g) the training and development activities completed by him.
7. A copy of the duty roster of persons working in the day care setting, and a record of whether the roster was actually worked.
8. Where applicable, a record of the day care setting’s charges to service users, including any extra amounts payable for additional services not covered by those charges, and the amounts paid by or in respect of each service user.
9. A record of all complaints made by service users or representatives or relatives of service users or by persons working in the day care setting about the operation of the day care setting, and the action taken by the registered person in respect of any such complaint.
10. A record of any of the following events that occur in the day care setting—
(a) any accident;
(b) any incident which is detrimental to the health or welfare of a service user, including the outbreak of infectious disease in the day care setting;
(c) any injury or serious illness;
(d) any fire;
(e) except where a record to which paragraph 12 refers is to be made, any occasion on which the fire alarm equipment is operated;
(f) any theft or burglary.
11. 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.
12. A record of every fire practice, drill or test of fire equipment (including fire alarm equipment) conducted in the day care setting and of any action taken to remedy defects in the fire equipment.
13. A statement of the procedure to be followed in the event of a fire, or where a fire alarm is activated.
14. A statement of the procedure to be followed in the event of accidents or in the event of a service user becoming missing.
15. A record of charges made to service users for transport and the amounts paid by or in respect of each service user.
16. A record of the programme of events and activities that includes the name of the person leading the activity and the names of those who participated.
17. A record of all staff meetings held and the names of all those attending.
18. A record of training undertaken as referred to in regulation 20(1)(c)(i).
19. A record of all visitors to the day care setting, including the names of all visitors.
(This note is not part of the Regulations)
These Regulations are made under the Health and Personal Social Services (Quality, Improvement and Regulation) (Northern Ireland) Order 2003. Part II of the Order establishes the Northern Ireland Health and Personal Social Services Regulation and Improvement Authority (“the Regulation and Improvement Authority”) and Part III provides for the registration and inspection of establishments and agencies, including day care settings, by the Regulation and Improvement Authority. It also provides powers for regulations governing the conduct of establishments and agencies.
Regulation 3 prescribes the services in a day care setting as the provision of personal care.
Under regulations 4, 5, 6 and 7 each day care setting must have a statement of purpose consisting of the matters set out in Schedule 1, and supply a guide (which must be kept under review) to the day care setting to each service user together with a statement giving information about fees payable.
Regulations 8 to 11 make provision about the fitness of the persons carrying on and managing the day care setting, and require satisfactory information to be available in relation to certain specified matters. Where an organisation carries on the day care setting, it must nominate a responsible individual in respect of whom this information must be available (regulation 8). Regulation 9 prescribes the circumstances where a manager must be appointed for the day care setting, and regulation 11 imposes general requirements in relation to the proper conduct of the day care setting, and the need for appropriate training.
Regulation 12 requires the registered person or responsible individual to give notice in writing to the Regulation and Quality Improvement Authority of any criminal convictions.
Regulations 13 to 25 make provision about the conduct of day care settings, in particular as to care and welfare of service users, and as to the facilities and services that are to be provided. Provision is also made about record keeping, persons employed in day care settings, the fitness of workers, and about complaints.
Regulation 26 makes provision about the suitability of premises and fire precautions to be taken.
Regulations 27 and 28 deal with the management of day care settings. Regulation 27 imposes requirements relating to the day care setting’s financial position. Regulation 28 requires the registered provider to visit the day care setting as prescribed.
Regulations 29 to 36 deal with miscellaneous matters including the giving of notices to the Regulation and Improvement Authority. Regulation 35 provides for offences. A breach of the regulations specified in regulation 35 is an offence. However, no prosecution may be brought unless the Regulation and Improvement Authority has first given the registered person a notice which sets out in what respect it is alleged he is not complying with a regulation, and what action the Regulation and Improvement Authority considers it is necessary for him to take in order to comply. The notice must specify a time period for compliance, not exceeding three months.