PART 1General
Title, coming into force and interpretation1
1
The title of these Regulations is the Special School Residential Services (Service Providers and Responsible Individuals) (Wales) Regulations 2024.
2
These Regulations come into force on 31 March 2024.
3
In these Regulations—
“the Act” (“y Ddeddf”) means the Regulation and Inspection of Social Care (Wales) Act 2016;
“the 2014 Act” (“Deddf 2014”) means the Social Services and Well-being (Wales) Act 20144;
“abuse” (“camdriniaeth”) means physical, sexual, psychological, emotional or financial abuse and for the purposes of this definition “financial abuse” (“camdriniaeth ariannol”) includes—
- a
having money or other property stolen;
- b
being defrauded;
- c
being put under pressure in relation to money or other property;
- d
having money or other property misused;
- a
“adult” (“oedolyn”) means a person who is aged 18 or over;
“appointed manager” (“rheolwr a benodir”) means a person appointed to manage the service in accordance with regulation 58;
“care and support” (“gofal a chymorth”) and the individual terms “care” (“gofal”) and “support” (“cymorth”) have the same meaning as in section 3 of the Act;
“care and support plan” (“cynllun gofal a chymorth”) means a plan under section 54 or section 83 of the 2014 Act;
“carer” (“gofalwr”) means a person with whom an individual who is an adult lives and who is the individual’s main carer;
“child” (“plentyn”) means a person who is aged under 18;
“child who is looked after by a local authority” (“plentyn sy’n derbyn gofal gan awdurdod lleol”) has the same meaning as in section 74 of the 2014 Act;
“DBS” (“GDG”) and “the Disclosure and Barring Service” (“y Gwasanaeth Datgelu a Gwahardd”) mean the body established by section 87(1) of the Protection of Freedoms Act 20125;
“DBS certificate” (“tystysgrif GDG”) means the certificate referred to in paragraphs 2 and 3 of Schedule 1;
“DBS up-date service” (“gwasanaeth diweddaru’r GDG”) means the service operated by the Disclosure and Barring Service that provides relevant “up-date information” within the meaning given in section 116A(8)(b)(i) or (c)(i) of the Police Act 19976;
“employee” (“cyflogai”) has the same meaning as in section 230(1) of the Employment Rights Act 19967;
“harm” (“niwed”) has the same meaning as in section 197(1) of the 2014 Act;
“individual” (“unigolyn”) means, unless the context indicates otherwise, the child or adult who is receiving care and support;
“parent” (“rhiant”) applies only in relation to an individual who is a child and who is not looked after by a local authority and means a person with parental responsibility for the child;
“parental responsibility” (“cyfrifoldeb rhiant”) has the meaning given by section 3 of the Children Act 19898;
“personal outcomes” (“canlyniadau personol”)—
- a
in relation to an adult, means the outcomes that the adult wishes to achieve in day to day life;
- b
in relation to a child, means—
- i
the outcomes that the child wishes to achieve, or
- ii
the outcomes that any persons with parental responsibility wish to achieve in relation to the child;
- i
- a
“personal plan” (“cynllun personol”) means the plan required to be prepared in accordance with regulation 11(1);
“persons working at the service” (“personau sy’n gweithio yn y gwasanaeth”) means an employee, volunteer or other persons working under the direction and control of the service provider;
“placing authority” (“awdurdod lleoli”) means—
- a
in the case of a child who is looked after by a local authority or local authority in England, that local authority;
- b
in the case of a child who is not looked after by a local authority or local authority in England—
- i
if the child is being provided with accommodation by a voluntary organisation, that voluntary organisation, and for the purpose of this definition “voluntary organisation” has the same meaning as in section 197(1) of the 2014 Act;
- ii
if the child is accommodated at the service under arrangements made by a local authority or a local authority in England (whether in the exercise of education functions within the meaning of section 579(1) of the Education Act 19969 or otherwise), that local authority;
- i
- a
“provider assessment” (“asesiad darparwr”) means the assessment which is required to be carried out by the service provider under regulation 14;
“reasonable adjustments” (“addasiadau rhesymol”) means such reasonable adjustments as would be required under the Equality Act 201010;
“responsible individual” (“unigolyn cyfrifol”) has the same meaning as in section 21(1) of the Act;
“service provider” (“darparwr gwasanaeth”) means a person registered as a provider of a special school residential service;
“service regulator” (“rheoleiddiwr gwasanaethau”) means the Welsh Ministers in the exercise of their regulatory functions;
“special school residential service” (“gwasanaeth preswyl ysgol arbennig”) has the same meaning as in regulation 2 of the Regulated Services (Special School Residential Services) (Wales) Regulations 202311;
“staff” (“staff”) includes—
- a
persons employed by the service provider to work at the service as an employee or a worker, and
- b
persons engaged by the service provider under a contract for services,
but does not include persons who are allowed to work as volunteers;
- a
“statement of purpose” (“datganiad o ddiben”) means the statement of purpose for the place at, from or in relation to which the service is provided12;
“well-being” (“llesiant”) has the same meaning as in section 2 of the 2014 Act;
“worker” (“gweithiwr”) has the same meaning as in section 230(3) of the Employment Rights Act 1996 except for in the phrase “social care worker” (“gweithwr gofal cymdeithasol”)13;
“workforce regulator” (“rheoleiddiwr y gweithlu”) means Social Care Wales.
4
In Parts 1 to 18, “the service” (“y gwasanaeth”) means the special school residential service which is provided at a specified location and for the purpose of this definition “specified location” means a location specified in a condition to the service provider’s registration as a place at which the service is to be provided.
5
In Part 19, “the service” has the meaning given in regulation 78(2) of these Regulations.