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

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Amendment of the Care Homes Regulations 2001

This section has no associated Explanatory Memorandum

2.—(1) The Care Homes Regulations 2001(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;(2).

(3) In regulation 18 (staffing)—

(a)in paragraph (1)(c)(i), after the word “perform” insert “including structured induction training”; and

(b)for paragraph (2), substitute—

(2) The registered person shall ensure that—

(a)persons working at the care home are appropriately supervised; and

(b)for the duration of a new worker’s induction training—

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

(ii)as far as is practicable, the staff member is on duty at the same time as the new worker; and

(iii)the new worker does not escort any service user away from the care home premises unless accompanied by the staff member..

(4) In regulation 19 (fitness of workers)—

(a)for paragraph (1)(b), substitute—

(b)subject to paragraphs (6), (8) and (9), he has obtained in respect of that person the information and documents specified in paragraphs 1 to 9 of Schedule 2;;

(b)in paragraph (4)—

(i)at the beginning, insert “Subject to paragraph (4A),”; and

(ii)in sub-paragraph (b)(i), for the words “1 to 7” substitute “1 to 9”;

(c)after paragraph (4), insert—

(4A) In the circumstances to which paragraph (7) of regulation 12 of the Nurses Agencies Regulations 2002(3) applies, with the result that 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 is not yet available in respect of a person to whom paragraph (2) applies, the registered person may allow that person to start work at a care home in a position to which paragraph (3) applies pending receipt of, and satisfying himself with regard to, that outstanding information.;

(d)in paragraph (5)(d)—

(i)at the beginning, insert “subject to paragraphs (4A), (6), (8) and (9),” and

(ii)in head (i), for the words “1 to 7” substitute “1 to 9”;

(e)after paragraph (6) add—

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

(a)who immediately before 26th July 2004 is employed to work at the care home 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.

(8) Where paragraph (7) applies, paragraphs (1)(b) and (5)(d), in so far as they relate to the following provisions specified in paragraph 7 of Schedule 2, 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 (7)(a).

(9) Where the conditions set out in paragraph (10) are satisfied, the registered person may permit a person (“the new worker”) to start work at a care home notwithstanding that paragraphs (1)(b) and (5)(d) have not been complied with in so far as they relate to paragraph 7 of Schedule 2.

(10) The conditions are—

(a)a criminal record certificate (“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 7 of Schedule 2 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.

(11) Where a registered person permits a new worker to start work pursuant to paragraph (9) the registered person shall—

(a)appoint a member of staff (“the staff member”), who is appropriately qualified and experienced, to supervise the new worker pending receipt of, and satisfying himself with regard to, the outstanding information in relation to a criminal record certificate;

(b)so far as is possible, ensure that the staff member is on duty at the same time as the new worker; and

(c)ensure that the new worker does not escort service users away from the care home premises unless accompanied by the staff member..

(5) For regulation 33 (fitness of workers) substitute—

33.  Regulation 19 shall have effect as if, at the end of paragraph (5), there were added the following—

and

(e)his qualifications, skills and experience are suitable for the purpose of working with children...

(6) For Schedule 2 (information and documents in respect of persons carrying on, managing or working at a care home), substitute the Schedule 2 set out in the Schedule to these Regulations.

(7) In Schedule 4 (other records to be kept in a care home), in paragraph 6—

(a)sub-paragraph (b) is omitted; and

(b)after sub-paragraph (f), add—

(g) a record of all training undertaken, including induction training..

(8) Schedule 6 (additional information and documents to be obtained in respect of persons working at a care home where children are accommodated) is omitted.

(1)

S.I. 2001/3965. Amending instruments are S.I. 2002/865, 2003/534, 2003/1703 and 2003/1845.

(2)

1997 c. 50, as amended by the Protection of Children Act 1999 (c. 14), section 8, and by the Care Standards Act 2000 (c. 14), sections 90 and 104.

(3)

S.I. 2002/3212 as amended by S.I. 2003/2323.

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