http://www.legislation.gov.uk/uksi/2002/3214/contents/made

The Domiciliary Care Agencies Regulations 2002

Care

Personal care

Home care

Care for disabled people

Care assessment

King's Printer of Acts of Parliament

2016-03-21

SOCIAL CARE, ENGLAND

These Regulations are made under the Care Standards Act 2000 (“the Act”), and apply in relation to domiciliary care agencies in England only. Part I of the Act establishes, in relation to England, the National Care Standards Commission (“the Commission”) and Part II provides for the registration and inspection of establishments and agencies, including domiciliary care agencies, by the Commission. It also provides powers to make regulations governing the conduct of establishments and agencies.

The Domiciliary Care Agencies Regulations 2002

reg. 2(1)

The Health and Social Care (Community Health and Standards) Act 2003 (Commission for Healthcare Audit and Inspection and Commission for Social Care Inspection) (Transitional and Consequential Provisions) Order 2004

art. 3

Sch. 2

art. 1(1)

The Domiciliary Care Agencies Regulations 2002

reg. 3

The Adult Placement Schemes (England) Regulations 2004

Sch. 9

para. 1

Sch. 10

para. 3-5

reg. 1(1)

The Domiciliary Care Agencies Regulations 2002

reg. 2(1)

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

reg. 3(2)

reg. 1(1)

The Domiciliary Care Agencies Regulations 2002

reg. 12(1)

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

reg. 3(3)(a)

reg. 1(1)

The Domiciliary Care Agencies Regulations 2002

reg. 12(3)-(7)

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

reg. 3(3)(b)

reg. 1(1)

The Domiciliary Care Agencies Regulations 2002

reg. 15(5)

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

reg. 3(4)

reg. 1(1)

The Domiciliary Care Agencies Regulations 2002

reg. 17(1A)

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

reg. 3(5)(a)

reg. 1(1)

The Domiciliary Care Agencies Regulations 2002

reg. 17(2)

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

reg. 3(5)(b)

reg. 1(1)

The Domiciliary Care Agencies Regulations 2002

Sch. 4

para. 5

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

reg. 3(6)

reg. 1(1)

The Domiciliary Care Agencies Regulations 2002

reg. 12(1)

The Care Standards and Adoption (Regulation of Establishments, Agencies and Adult Placement Schemes) (Amendment) Regulations 2009

reg. 10(2)(a)

reg. 1(1)

The Domiciliary Care Agencies Regulations 2002

reg. 12(3)

(4)

The Care Standards and Adoption (Regulation of Establishments, Agencies and Adult Placement Schemes) (Amendment) Regulations 2009

reg. 10(2)(b)

reg. 1(1)

The Domiciliary Care Agencies Regulations 2002

reg. 12(6)

The Care Standards and Adoption (Regulation of Establishments, Agencies and Adult Placement Schemes) (Amendment) Regulations 2009

reg. 10(2)(c)

reg. 1(1)

The Domiciliary Care Agencies Regulations 2002

Sch. 2

para. 2

The Care Standards and Adoption (Regulation of Establishments, Agencies and Adult Placement Schemes) (Amendment) Regulations 2009

reg. 10(3)

reg. 1(1)

The Domiciliary Care Agencies Regulations 2002

Sch. 3

para. 13

The Care Standards and Adoption (Regulation of Establishments, Agencies and Adult Placement Schemes) (Amendment) Regulations 2009

reg. 10(4)

reg. 1(1)

The Domiciliary Care Agencies Regulations 2002

reg 2

The Care Standards Act 2000 (Establishments and Agencies) (Miscellaneous Amendments) Regulations 2006

reg 4

The Domiciliary Care Agencies Regulations 2002

reg 21

The Care Standards Act 2000 (Establishments and Agencies) (Miscellaneous Amendments) Regulations 2006

reg 4

The Domiciliary Care Agencies Regulations 2002

reg 21A

The Care Standards Act 2000 (Establishments and Agencies) (Miscellaneous Amendments) Regulations 2006

reg 4

The Domiciliary Care Agencies Regulations 2002

reg 12

The Care Standards Act 2000 (Domiciliary Care Agencies and Nurses Agencies) (Amendment) (England) Regulations 2003

reg 2(1)

(2)

The Domiciliary Care Agencies Regulations 2002

reg 12

The Care Standards Act 2000 (Domiciliary Care Agencies and Nurses Agencies) (Amendment) (England) Regulations 2003

reg 2(1)

(3)

The Domiciliary Care Agencies Regulations 2002

Sch 3

para 13

The Care Standards Act 2000 (Domiciliary Care Agencies and Nurses Agencies) (Amendment) (England) Regulations 2003

reg 2(1)

(4)

The Domiciliary Care Agencies Regulations 2002

reg. 2(1)

The Mental Capacity Act 2005 (Transitional and Consequential Provisions) Order 2007

Sch. 1

para. 30(2)

art. 1

The Domiciliary Care Agencies Regulations 2002

reg. 14(10)

The Mental Capacity Act 2005 (Transitional and Consequential Provisions) Order 2007

Sch. 1

para. 30(3)

art. 1

The Domiciliary Care Agencies Regulations 2002

Regulations

The Health and Social Care Act 2008 (Commencement No.16, Transitory and Transitional Provisions) Order 2010

Sch. 2

art. 1(1)(b)

The Domiciliary Care Agencies Regulations 2002

PART 1GENERAL

1Citation, commencement and application

2Interpretation

3Excepted undertakings

4Statement of purpose

5Service user’s guide

6Review of statement of purpose and service user’s guide

PART IIREGISTERED PERSONS

7Fitness of registered provider

8Appointment of manager

9Fitness of manager

10Registered person—general requirements and training

11Notification of offences

PART IIICONDUCT OF DOMICILIARY CARE AGENCIES

CHAPTER 1QUALITY OF SERVICE PROVISION

12Fitness of domiciliary care workers supplied by an agency

13Conduct of agency

14Arrangements for the provision of personal care

15Staffing

16Staff handbook

17Provision of information to service users

18Identification of workers

19Records

20Complaints

21Review of quality of service provision

CHAPTER 2PREMISES

22Fitness of premises

CHAPTER 3FINANCIAL MATTERS

23Financial position

CHAPTER 4NOTICES TO BE GIVEN TO THE COMMISSION

24Notice of absence

25Notice of changes

26Appointment of liquidators etc.

27Death of registered person

PART IVMISCELLANEOUS

28Compliance with regulations

29Offences

SCHEDULE 1INFORMATION TO BE INCLUDED IN THE STATEMENT OF PURPOSE

1The aims and objectives of the agency.

2The nature of the services which the agency provides.

3The name and address of the registered provider and of...

4The relevant qualifications and experience of the registered provider and...

5The range of qualifications of the domiciliary care workers supplied...

6The complaints procedure established in accordance with regulation 20.

SCHEDULE 2INFORMATION REQUIRED IN RESPECT OF REGISTERED PROVIDERS AND MANAGERS OF AN AGENCY

1Proof of identity, including a recent photograph.

2Either— (a) where the certificate is required for a purpose...

3Two written references, including a reference relating to the last...

4Where a person has previously worked in a position which...

5Documentary evidence of any relevant qualifications and training.

6A full employment history, together with a satisfactory written explanation...

7Details of health record.

8Details of registration with or membership of any professional body....

9Details of any professional indemnity insurance.

SCHEDULE 3INFORMATION REQUIRED IN RESPECT OF DOMICILIARY CARE WORKERS

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

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

3Proof of identity, including a recent photograph.

4Details of any criminal offences— (a) of which the person...

5Two written references, including a reference relating to the last...

6Where the person has previously worked in a position which...

7Evidence of a satisfactory knowledge of the English language, where...

8Documentary evidence of any relevant qualifications and training.

9A full employment history, together with a satisfactory written explanation...

10A statement by the person as to the state of...

11A statement by the registered provider, or the registered manager,...

12Details of any professional indemnity insurance.

SCHEDULE 4RECORDS TO BE MAINTAINED FOR INSPECTION

1All information provided to the Commission for the purposes of...

2Details of every allegation of abuse, neglect or other harm...

3Details of any physical restraint used on a service user...

4The service user plan devised for each service user in...

2002 No. 3214

SOCIAL CARE, ENGLAND

The Domiciliary Care Agencies Regulations 2002

Made21st December 2002

Laid before Parliament23rd December 2002

Coming into force1st April 2003

The Secretary of State for Health, in exercise of powers conferred on him by sections 4(6), 22(1), (2)(a) to (d), and (f) to (j), (5)(a) and (7)(a) to (h) and (j), 25, 34(1), 35 and 118(5) to (7) of the Care Standards Act 20001 and of all other powers enabling him in that behalf, having consulted such persons as he considers appropriate2, hereby makes the following Regulations:—