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The Domiciliary Care Agencies (Wales) Regulations 2004

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This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

Regulation 4(1)(d)

SCHEDULE 1INFORMATION TO BE INCLUDED IN THE STATEMENT OF PURPOSE

1.  Whether the agency is carried on by an individual, by persons in partnership or by an organisation.

2.  The nature of the services which the agency provides.

3.  The geographical area in which the agency provides services.

4.  The range of qualifications of the domiciliary care workers who are to attend at the homes of service users.

5.  The circumstances in which the agency may cease to provide services to a service user.

6.  Arrangements for cancellation of the supply of a domiciliary care worker by the service user or the agency.

7.  The agency’s charges.

8.  Arrangements which will apply during the sickness or other absence of domiciliary care workers who are to attend at the homes of service users.

9.  Requirements in relation to time sheets.

10.  The complaints procedure established in accordance with regulation 21.

11.  Procedures to safeguard service users and domiciliary care workers.

12.  Procedures to safeguard service users' property.

13.  Procedures for the administration, or assistance with the administration, of medication.

14.  Requirements to protect the health and safety of domiciliary care workers.

15.  Procedures to be followed in the event of an occurrence referred to in regulation 27.

16.  Arrangements for service users to express their views about the service provided by the agency.

17.  The management structure of the agency.

18.  Whether, and if so the extent to which, the agency provides services through persons other than employees of the agency.

Regulations 8(3)(c), 9(5) and 10(2)(c)

SCHEDULE 2INFORMATION REQUIRED IN RESPECT OF REGISTERED PROVIDERS AND MANAGERS OF AN AGENCY AND PERSONS NOMINATED TO DEPUTISE FOR A REGISTERED PERSON

1.  Name, address, date of birth and telephone number.

2.  Proof of identity, including a recent photograph.

3.  Either —

(a)where the certificate is required for a purpose relating to section 115(5)(ea) of the Police Act 1997(1) (registration under Part II of the Care Standards Act 2000), or the position falls within section 115(3) or (4) of that Act, an enhanced criminal record certificate issued under section 115 of that Act; or

(b)in any other case, a criminal record certificate issued under section 113 of that Act,

including, where applicable, the matters specified in section 113(3A) or 115(6A) of that Act and, once they are in force, section 113(3C)(a) and (b) or section 115(6B)(a) and (b) of that Act.

4.  Two written references, including a reference relating to the last period of employment of not less than three months duration.

5.  Where a person has previously worked in a position which involved work with children or vulnerable adults, verification of the reason why the employment or position ended except where the National Assembly has determined that all reasonable steps have been taken to obtain such verification but it is not available.

6.  Documentary evidence of any relevant qualifications and training.

7.  A full employment history, together with a satisfactory written explanation of any gaps in employment.

8.  Where the person is an individual, a report by a general medical practitioner as to whether the person is physically and mentally fit to (as the case may be) carry on, manage or be in charge of an agency.

9.  Details of registration with or membership of any professional body.

10.  Details of any professional indemnity insurance.

Regulation 15(1)(b) and (2)

SCHEDULE 3INFORMATION AND DOCUMENTATION TO BE AVAILABLE IN RESPECT OF DOMICILIARY CARE WORKERS

1.  Name, address, date of birth and telephone number.

2.  Name, address and telephone number of next of kin.

3.  Proof of identity, including a recent photograph.

4.  Either —

(a)where the position falls within section 115(3) or (4) of the Police Act 1997, an enhanced criminal record certificate issued under section 115 of that Act; or

(b)in any other case, a criminal record certificate issued under section 113 of that Act,

including, where applicable, the matters specified in section 113(3A) or 115(6A) of that Act and, once they are in force, section 113(3C)(a) and (b) or section 115(6B)(a) and (b) of that Act.

5.  Where the person has worked at any time within the period of five years before being employed by the agency, two written references including, where the person has previously worked for more than three months in a position which involved work with children or vulnerable adults, a reference relating to the last such position held.

6.  Where a person has previously worked in a position which involved work with children or vulnerable adults, verification of the reason why the employment or position ended except where the National Assembly has determined that all reasonable steps have been taken to obtain such verification but it is not available.

7.  Evidence of satisfactory linguistic ability for the purposes of providing personal care to those service users for whom the worker is to provide personal care.

8.  Documentary evidence of any relevant qualifications and training.

9.  A full employment history, together with a satisfactory written explanation of any gaps in employment and details of any current employment other than for the purposes of the agency.

10.  A statement by the person as to the state of his or her physical and mental health.

11.  A statement by the registered provider, or the registered manager, as the case may be, that the person is physically and mentally fit for the purposes of the work which he or she is to perform.

12.  Details of any professional indemnity insurance.

Regulation 20

SCHEDULE 4RECORDS TO BE MAINTAINED FOR INSPECTION

Financial records

1.  A record of all business transacted by the agency.

2.  Counterfoils or copies of all receipts issued.

3.  Details of the charges payable by each service user in respect of the provision of personal care.

4.  Records of tax and national insurance contributions relating to each person who works for the purposes of the agency.

Other records

5.  A record of all information provided to the National Assembly for the purposes of registration in relation to the agency.

6.  Details of every allegation of abuse, neglect or other harm made against an employee of, or any domiciliary care worker who works for the purposes of, the agency, including details of the investigations made, the outcome and any action taken in consequence.

7.  Details of any physical restraint used on a service user.

8.  Each service user’s service delivery plan prepared for him or her and a detailed record of the personal care provided to him or her.

9.  A personnel record relating to each person employed by, or working for the purposes of, the agency.

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