The Care Standards Act 2000 (Establishments and Agencies) (Miscellaneous Amendments) Regulations 2004

Amendment of the Domiciliary Care Agencies Regulations 2002

3.—(1) The Domiciliary Care Agencies Regulations 2002(1) are amended in accordance with the following provisions of this regulation.

(2) In regulation 2(1) (interpretation), after the definition of “the Act” insert—

““the 1997 Act” means the Police Act 1997;”.

(3) In regulation 12 (fitness of domiciliary care workers supplied by an agency)—

(a) in paragraph (1), at the beginning, insert “Subject to paragraphs (2), (4) and (5),”;

(b) after paragraph (2), add—

“(3) This paragraph applies in respect of a person (“the existing worker”)—

(a) who immediately before 26th July 2004 is supplied by an agency to work in a care position; and

(b) in respect of whom there has been obtained a criminal record certificate pursuant to section 113 of the 1997 Act or an enhanced criminal record certificate pursuant to section 115 of that Act.

(4) Where paragraph (3) applies, paragraph (1)(d), in so far as it relates to the following provisions specified in paragraph 13 of Schedule 3, namely—

(i) section 113(3C)(a) and (b) of the 1997 Act; or

(ii) section 115(6B)(a) and (b) of that Act,

shall not apply in relation to the existing worker for as long as he remains in the care position mentioned in paragraph (3)(a).

(5) Where the conditions set out in paragraph (6) are satisfied, the registered person may supply a domiciliary care worker (“the new worker”) to a service user notwithstanding that paragraph (1)(d) has not been complied with in so far as it relates to paragraph 13 of Schedule 3.

(6) The conditions are—

(a) a criminal record certificate has been applied for in respect of the new worker pursuant to section 113 or, if applicable, section 115 of the 1997 Act; and

(b) full and satisfactory information in respect of the new worker has been obtained in relation to paragraph 13 of Schedule 3 in so far as it relates, where applicable, to sections 113(3A) or 115(6A) of the 1997 Act and sections 113(3C)(a) and (b) or 115(6B)(a) and (b) of that Act.

(7) Where the registered person supplies a new worker pursuant to paragraph (5), and where the new worker is being supplied by the agency acting otherwise than as an employment agency, the registered person shall, pending receipt of the outstanding information in relation to a criminal record certificate (“the outstanding information”)—

(a) appoint a member of staff (“the staff member”), who is appropriately qualified and experienced, to supervise the new worker;

(b) so far as is possible, ensure that the staff member, or another suitably qualified staff member, is on duty at the same time as the new worker, and is available to be contacted; and

(c) contact the service user, or any representative of the service user, at weekly intervals in order to monitor the service user’s satisfaction with the care provided by the new worker, and any complaints that may arise;

(d) inform the service user, or any representative of the service user, of the position in relation to the outstanding information, including when the outstanding information has been obtained; and

(e) terminate the supply of the new worker to the service user where the registered person considers that the outstanding information, when obtained, is not satisfactory.”.

(4) In regulation 15 (staffing), at the end, add—

“(5) Where an agency is acting otherwise than as an employment agency, the registered person shall ensure that—

(a) a new domiciliary care worker (“the new worker”) is provided with appropriately structured induction training lasting a minimum of three full working days;

(b) during that induction training—

(i) the new worker is not supplied to a service user unless accompanied by another domiciliary care worker who is a suitably qualified and competent person;

(ii) a member of staff (“the staff member”) who is suitably qualified and experienced, is appointed to supervise the new worker;

(iii) the staff member (or another suitably qualified and competent person if the staff member is unavailable) will always be available to be consulted while the new worker is on duty; and

(iv) subject to the consent of the service user, the staff member makes arrangements to observe, on at least one occasion, the new worker carrying out his duties.”.

(5) In regulation 17 (provision of information to service users)—

(a) after paragraph (1), insert—

“(1A) Where the agency—

(a) is acting as an employment agency; and

(b) has supplied a domiciliary care worker in the circumstances to which regulation 12(5) applies,

the registered person shall inform the service user that there is outstanding information in relation to the criminal record certificate, and shall also inform the service user when that outstanding information is obtained.”; and

(b) in paragraph (2), for the words “paragraph (1)” substitute “ paragraphs (1) and, where applicable, (1A)”.

(6) In Schedule 4 (records to be maintained for inspection), after paragraph 4, add—

“5.   Where the registered provider is carrying on an agency other than an employment agency, details of the training undertaken by all employees including, where applicable, induction training.”.

(1)

S.I. 2002/3214 as amended by S.I. 2003/2323.