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The Domiciliary Care Agencies Regulations (Northern Ireland) 2007

Type Ni-Statutory-Rule

Publication 2007-04-04

State In force

Jurisdiction Northern Ireland

Department Government Printer for Northern Ireland

Source legislation.gov.uk

Reform history JSON API PDF

Made: 4th April 2007

Coming into operation: 30th April 2007

In accordance with Article 23(8) of that Order the Department has consulted with such persons as it considers appropriate.

PART 1 — GENERAL

Citation and commencement

1

These Regulations may be cited as the Domiciliary Care Agencies Regulations (Northern Ireland) 2007 and shall come into operation on 30th April 2007.

Interpretation

2

(1) In these Regulations—

“the Order” means the Health and Personal Social Services (Quality, Improvement and Regulation) (Northern Ireland) Order 2003;

“agency” means a domiciliary care agency;

“agency premises” means the premises from which the activities of an agency are carried on;

“bankruptcy restrictions order” means an order made under Schedule 2A to the Insolvency (Northern Ireland) Order 1989 or Schedule 4A to the Insolvency Act 1986;

“debt relief order” means an order made by the Official Receiver under Part 7A of the Insolvency (Northern Ireland) Order 1989, or Part 7A of the Insolvency Act 1986;

“debt relief restrictions order” means an order made under Schedule 2ZB to the Insolvency (Northern Ireland) Order 1989, or Schedule 4ZB to the Insolvency Act 1986;

“direct service provider” means a provider who supplies a domiciliary care worker who is employed by, and who acts for and under the control of, the provider;

“domiciliary care worker” means a person who—is employed by an agency to act for, and under the control of, another person;is introduced by an agency to a service user for employment by him; oris employed by a direct service provider,in a position which is concerned with the provision of prescribed services in their own homes for persons who by reason of illness, infirmity, disability or family circumstances are unable to provide any such service for themselves without assistance;

“organisation” means a body corporate or any unincorporated association other than a partnership;

“personal care” has the same meaning as in Article10(3) of the Order;

“prescribed services” shall be construed in accordance with regulation 3;

“the register” means the register of social care workers maintained by the Northern Ireland Social Care Council under section 3(1) of the 2001 Act;

“registered manager”, in relation to an agency, means a person who is registered under Part III of the Order as the manager of the agency;

“registered person”, in relation to an agency, means any person who is the registered provider or the registered manager of the agency;

“registered provider”, in relation to an agency, means a person who is registered under Part III of the Order as the person carrying on the agency;

“relative” in relation to a service user, means—the service user’s spouse or civil partner;any parent, grandparent, child, grandchild, brother, sister, uncle, aunt, nephew or niece of the service user, or his spouse or civil partner;the spouse or civil partner of any relative within sub-paragraph (b) of this definition,and for the purpose of determining any such relationship a service user’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 service user as husband or wife and references to “civil partner” include a former civil partner and a person who is living with the service user as if they were civil partners;

“the relevant part” means that part of the register referred to in section 3(2) of the 2001 Act which is most relevant to that person, taking into account their current employment;

“representative” means in relation to a service user, a person other than the registered person or a person employed by the agency, who with the service user’s express or implied consent, takes an interest in the service user’s health and welfare;

“responsible individual” shall be construed in accordance with regulation 8(2);

“service user” means any person for whom an agency—supplies a domiciliary care worker who is employed by the agency (including domiciliary care workers supplied by a direct service provider); orprovides services for the purpose of supplying him with a domiciliary care worker for employment by him;

“service user’s guide” means the guide produced in accordance with regulation 6(1);

“service user plan” means the written plan prepared in accordance with regulation 15(2);

“statement of purpose” means the written statement compiled in accordance with regulation 5(1).

(2) In these Regulations, references to the supply of a domiciliary care worker mean—

(a) the supply of a domiciliary care worker who is employed by an agency to act for and under the control of another person;

(b) the introduction of a domiciliary care worker by an agency to a service user for employment by him; and

(3) In these Regulations, the terms “employed” and “employment” include employment under a contract of service or a contract for services, or otherwise than under a contract and whether or not for payment.

Prescribed services

3

For the purposes of the definition of “domiciliary care agency” in Article 2(2) of the Order, the prescribed services are:

(a) personal care; and

(b) assessment of the need for such care.

Excepted undertakings

4

For the purposes of the Order, an undertaking is excepted from the definition of “domiciliary care agency” in Article 2(2) of the Order if the undertaking is carried on by an individual who—

(a) carries it on otherwise than in partnership with others;

(b) is not employed by an organisation to carry it on; and

Statement of purpose

5

(1) The registered person shall compile in relation to the agency a written statement (in these Regulations referred to as “the statement of purpose”) which shall consist of a statement as to the matters listed in Schedule 1.

(2) The registered person shall supply a copy of the statement of purpose to the RQIA and shall make a copy of it available on request for inspection at the agency premises by every service user and the service user’s representative.

(3) Nothing in regulation 25 shall require or authorise the registered person to contravene, or not to comply with—

(a) any other provision of these Regulations; or

(b) the conditions for the time being in force in relation to the registration of the registered person under Part III of the Order.

Service user’s guide

6

(1) The registered person shall produce a written service user’s guide which shall include—

(a) a summary of the statement of purpose;

(b) the terms and conditions in respect of the services to be provided to service users, including details as to the amount and method of payment of fees, if appropriate;

(d) the address and telephone number of the RQIA.

(2) The registered person shall supply a copy of the service user’s guide to the RQIA and every service user and, upon request, to the service user’s representative.

(3) On request the registered person shall also provide, to the service user or the service user’s representative, access to a copy of the most recent inspection report and information on how to access earlier inspection reports.

Review of statement of purpose and service user’s guide

7

The registered person shall—

(a) keep under review and, where appropriate, revise the statement of purpose and the service user’s guide; and

(b) notify the RQIA and service users or their representatives of any material revision within 28 days.

PART II — REGISTERED PERSONS

Fitness of registered provider

8

(1) A person shall not carry on an agency unless he is fit to do so.

(2) A person is not fit to carry on an agency unless the person—

(a) is an individual, who carries on the agency—

(i) otherwise than in partnership with others, and he satisfies the requirements set out in paragraph (3);

(ii) in partnership with others, and he and each of his partners satisfies the requirements set out in paragraph (3);

(b) is a partnership, and each of the partners satisfies the requirements set out in paragraph (3);

(i) the organisation has given notice to the RQIA of the name, address and position in the organisation of an individual (in these Regulations referred to as “the responsible individual”) who is a director, manager, secretary or other officer of the organisation and is responsible for supervising the management of the agency; and

(ii) that individual satisfies the requirements set out in paragraph (3).

(3) The requirements are that—

(a) he is of integrity and good character;

(b) he is physically and mentally fit to carry on the agency; and

(c) full and satisfactory information is available in relation to him in respect of each of the matters specified in Schedule 2.

(4) A person shall not carry on an agency if—

(a) he has been adjudged bankrupt or sequestration of his estate has been awarded and (in either case) he has not been discharged and the bankruptcy order has not been annulled or rescinded; or

(ab) he is the subject of a bankruptcy restrictions order; or

(ac) he is a person in relation to whom a moratorium period under a debt relief order applies or he is the subject of a debt relief restrictions order ; or

(b) he has made a composition or arrangement with his creditors and has not been discharged in respect of it.

Appointment of manager

9

(1) The registered provider shall appoint an individual to manage the agency where—

(a) there is no registered manager in respect of the agency; and

(b) the registered provider—

(i) is an organisation or a partnership; or

(ii) is not a fit person to manage an agency; or

(iii) is not, or does not intend to be, managing the agency himself.

(2) Where the registered provider appoints a person to manage the agency, he shall forthwith give notice to the RQIA of—

(a) the name of the person so appointed; and

(b) the date on which the appointment is to take effect.

Fitness of registered manager

10

(1) A person shall not manage an agency unless he is fit to do so.

(2) A person is not fit to manage an agency unless—

(a) he is of integrity and good character;

(b) having regard to the size of the agency, the statement of purpose and the number and needs of the service users—

(i) he has the qualifications, skills and experience necessary to manage the agency; and

(ii) he is physically and mentally fit to do so; and

(c) full and satisfactory information is available in relation to him in respect of each of the matters specified in Schedule 2.

Registered person — general requirements and training

11

(1) The registered provider and the registered manager shall, having regard to the size of the agency, the statement of purpose and the number and needs of the service users, carry on or (as the case may be) manage the agency with sufficient care, competence and skill.

(2) If the registered provider is—

(a) an individual, he shall undertake;

(b) an organisation, it shall ensure that the responsible individual undertakes; or

from time to time such training as is appropriate to ensure that he has the experience and skills necessary for carrying on the agency.

(3) The registered manager shall undertake from time to time such training as is appropriate to ensure that he has the experience and skills necessary for managing the agency.

Notification of offences

12

Where the registered person or the responsible individual is convicted of any criminal offence, whether in Northern Ireland or elsewhere, he shall forthwith give notice in writing to the RQIA of—

(a) the date and place of the conviction;

(b) the offence of which he was convicted; and

PART III — CONDUCT OF DOMICILIARY CARE AGENCIES

CHAPTER I — QUALITY OF SERVICE PROVISION

Fitness of domiciliary care workers supplied by an agency

13

(1) The registered person shall ensure that no domiciliary care worker is supplied by the agency unless—

(a) he is of integrity and good character;

(b) he has the experience and skills necessary for the work that he is to perform;

(d) full and satisfactory information is available in relation to him in respect of each of the matters specified in Schedule 3;

but this is subject to paragraphs (2) to (4).

(e) subject to sub-paragraphs (f) and (g), he is registered in the relevant part of the register;

(f) sub-paragraph (e) does not apply to a person who, in order to perform the duties for which the person is so employed is required by any statutory provision, to be registered with any person or body other than the Northern Ireland Social Care Council and is so registered; and

(g) sub-paragraph (e) does not apply to persons allowed to work as volunteers.

(2) Where the conditions set out in paragraph (3) are satisfied, the agency may supply a domiciliary care worker (“P”) to a service user even though the information and documents mentioned in paragraphs 2 and 4 to 12 of Schedule 3 other than details of registration with an appropriate regulatory body are not available.

(3) The conditions are that the registered person must ensure that—

(a) whichever of the following certificates would be required to be obtained in respect of P under paragraph 12 of Schedule 3 in the absence of paragraph (2) has been applied for—

(i) a criminal record certificate pursuant to section 113A of the Police Act 1997, or

(ii) an enhanced criminal record certificate pursuant to section 113B of that Act;

(b) the information and documents mentioned in paragraphs 2 and 4 to 11 of Schedule 3 have been requested; and

(c) confirmation has been obtained in writing from the Department of Justice that P is not included in the adults’ barred lists maintained under Article 6(1)(b) of the Safeguarding Vulnerable Groups (Northern Ireland) Order 2007.

(4) Where the agency supplies a domiciliary care worker to a service user in the circumstances mentioned in paragraph (2), and the agency is acting otherwise than as an employment agency, the agency must—

(a) ensure that, so far as is reasonably practicable, an appropriately qualified and experienced member of staff supervises P and is available to be contacted when P is on duty, until the information and documents mentioned in paragraphs 2 and 4 to 12 of Schedule 3 have been obtained; and

(b) contact the service user, or the service user’s representative, at regular intervals and no less than once per month in order to monitor the service user’s satisfaction with the care provided by P, and any complaints that may arise;

(c) inform the service user, or the service user’s representative, of the position in relation to the information and documents, including when they are available; and

(d) terminate the supply of P to the service user where the registered person considers that the information or documents, when available, are not satisfactory.

Conduct of agency

14

Where the agency is acting otherwise than as an employment agency, the registered person shall make suitable arrangements to ensure that the agency is conducted, and the prescribed services arranged by the agency, are provided—

(a) so as to ensure the safety and well-being of service users;

(b) so as to safeguard service users against abuse or neglect;

(d) so as to ensure the safety and security of service users' property, including their homes;

(e) in a manner which respects the privacy, dignity and wishes of service users, and the confidentiality of information relating to them; and

(f) with due regard to the sex, religious persuasion, racial origin, and cultural and linguistic background and any disability of service users, and to the way in which they conduct their lives.

Arrangements for the provision of prescribed services

15

(1) Paragraphs (2) to (12) apply only to the supply of domiciliary care workers to service users by an agency which is acting otherwise than as an employment agency.

(2) The registered person shall, after consultation with the service user, or if consultation with the service user is not practicable, after consultation with the service user’s representative, prepare or ensure that a written plan (“the service user plan”) is prepared which shall—

(a) be consistent with any plan for the care of the service user prepared by any Health and Social Services Trust or Health and Social Services Board or other person with responsibility for commissioning personal social services for service users;

(b) specify the service user’s needs in respect of which prescribed services are to be provided;

(3) The registered person shall—

(a) make the service user’s plan available to:

(i) the service user;

(ii) any representative of a service user who was consulted on its preparation or revision;

(b) keep the service user plan under review;

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