The Adult Placement Schemes (Wales) Regulations 2004

Making of placements and adult placement agreements

13.—(1) The registered person must not make a placement of an adult with an adult placement carer unless the registered provider has entered into a written agreement with the carer (referred to in these Regulations as “an adult placement agreement”) which complies with the requirements specified in paragraph (2).

(2) The requirements are —

(a) general requirements

(a) that whenever practicable the relevant adult is a party to the agreement;

(b) that the agreement reflects the obligations of the registered person under regulation 19 (general conduct of scheme);

(c) that the agreement specifies the aims of the placement;

(d) care and other services provided by the placement

(d) that whenever practicable the agreement specifies which elements of the adult’s plan are to be met by the adult placement carer on behalf of the person responsible for the adult’s care;

(e) when it has not been practicable to comply with the requirement in sub-paragraph (d) prior to the commencement of the placement, the agreement provides that the specification referred to in that sub-paragraph will be provided by the end of the third working day after the commencement of the placement;

(f) that whenever practicable the agreement names an individual other than the registered person, a member of their staff or the adult placement carer, who with the adult’s express or implied consent takes an interest in the adult’s health and welfare;

(g) that the agreement requires the adult placement carer to maintain a record of the personal care and other services provided to the adult under the agreement and to keep the record up to date, in good order and in a secure manner;

(h) that the agreement requires the adult placement carer to transfer the records described in sub-paragraph (g) and the copy of the adult’s plan kept in the carer’s home to the registered person if the placement is terminated;

(i) that the agreement specifies suitable arrangements to assist the adult with mobility in the adult placement carer’s home, where required;

(j) that the agreement specifies the qualifications and experience of the adult placement carer;

(k) that the agreement specifies —

(i) the room to be occupied by the adult in the adult placement carer’s home;

(ii) the fees payable in respect of the placement and by whom they are payable;

(iii) the terms and conditions in respect of the accommodation, personal care and other services to be provided;

(l) protection of the adult

(l) that the agreement requires the adult placement carer not to allow any person to undertake work which involves the provision of care services for the purposes of the placement unless there is available in respect of the person a certificate specified in paragraph 2 of Schedule 3;

(m) that the agreement describes the procedure to be followed if an allegation of abuse, neglect or other harm has been made;

(n) that the agreement provides that the adult is not to be subject to physical restraint unless restraint of the kind employed is the only practicable means of securing the adult’s welfare or the welfare of another person in the adult placement carer’s home;

(o) that the agreement provides that any allegation of a type mentioned in paragraph (m) or the use of any physical restraint upon the adult is to be reported to the registered person; and

(p) that the agreement specifies —

(i) the circumstances in which the adult placement carer may administer or assist in the administration of the adult’s medication and the procedures to be adopted in such circumstances; and

(ii) the procedure to be followed where an adult placement carer acts as agent for, or receives money from, the adult.

(3) The registered person must not make a placement of an adult unless the registered person has —

(a) ascertained and taken into account the adult’s wishes and feelings; and

(b) whenever practicable, provided the adult with comprehensive information and suitable choice as to the placements which may be available to the adult.

(4) The registered person must encourage and take suitable steps to enable relevant adults to make decisions with respect to placements.