The Adult Placement Services (Service Providers and Responsible Individuals) (Wales) Regulations 2019

1. Introductory Text

2. PART 1 General

   1. 1. Title, commencement and interpretation

3. PART 2 General requirements on service providers

   1. 2. Requirements in relation to the provision of the service

   2. 3. Requirements in relation to the statement of purpose

   3. 4. Requirements in relation to monitoring and improvement

   4. 5. Requirements in relation to the responsible individual

   5. 6. Requirements in relation to the responsible individual where the service provider is an individual

   6. 7. Requirements in relation to the financial sustainability of the service

   7. 8. Requirements to provide the service in accordance with policies and procedures

   8. 9. Duty of candour

4. PART 3 Requirements on service providers as to the steps to be taken before agreeing to provide care and support

   1. 10. Suitability of the service

5. PART 4 Requirements on service providers as to the steps to be taken on commencement of the provision of care and support

   1. 11. Carer agreement

   2. 12. Individual placement agreement

   3. 13. Personal plan

   4. 14. Review of personal plan

   5. 15. Records of personal plan

6. PART 5 Requirements on service providers as to the information to be provided to individuals on commencement of the provision of care and support

   1. 16. Information about the service

7. PART 6 Requirements on service providers as to the standard of care and support to be provided

   1. 17. Standards of care and support - overarching requirements

   2. 18. Information

   3. 19. Language and communication

   4. 20. Respect and sensitivity

8. PART 7 Requirements on service providers -safeguarding

   1. 21. Safeguarding – overarching requirement

   2. 22. Safeguarding policies and procedures

   3. 23. Supporting individuals to manage their money

   4. 24. The appropriate use of control and restraint

   5. 25. Deprivation of liberty

   6. 26. Interpretation of Part 7

9. PART 8 Requirements on service providers as to staffing

   1. 27. Staffing - overarching requirements

   2. 28. Fitness of staff

   3. 29. Supporting and developing staff

   4. 30. Compliance with employer's code of practice

   5. 31. Information for staff

   6. 32. Disciplinary procedure

10. PART 9 Requirements on service providers as to adult placement carers

    1. 33. Recruitment and training of adult placement carers

    2. 34. Effective relationships

    3. 35. Support and information for adult placement carers

    4. 36. Fitness of adult placement carers

11. PART 10 Requirements on service providers as to premises, facilities and equipment

    1. 37. Overarching requirement

    2. 38. Adequacy of premises

    3. 39. Premises, facilities and equipment - adult placement carers

12. PART 11 Other requirements on service providers

    1. 40. Records

    2. 41. Notifications

    3. 42. Conflicts of interest

    4. 43. Complaints policy and procedures

    5. 44. Whistleblowing

13. PART 12 Requirements on responsible individuals for ensuring effective management of the service

    1. 45. Supervision of management of the service

    2. 46. Duty to appoint a manager

    3. 47. Fitness requirements for appointment of manager

    4. 48. Restrictions on appointing manager for more than one service

    5. 49. Duty to report the appointment of manager to the service provider

    6. 50. Duty to report appointment of manager to the workforce and service regulators

    7. 51. Arrangements when manager is absent

    8. 52. Visits

14. PART 13 Requirements on responsible individuals for ensuring effective oversight of the service

    1. 53. Oversight of adequacy of resources

    2. 54. Other reports to the service provider

    3. 55. Engagement with individuals and others

15. PART 14 Requirements on responsible individuals for ensuring the compliance of the service

    1. 56. Duty to ensure there are systems in place to record incidents and complaints

    2. 57. Duty to ensure there are systems in place for keeping of records

    3. 58. Duty to ensure policies and procedures are up to date

16. PART 15 Requirements on responsible individuals for monitoring, reviewing and improving the quality of the regulated service

    1. 59. Quality of care review

    2. 60. Statement of compliance with the requirements as to standards of care and support

17. PART 16 Other requirements on responsible individuals

    1. 61. Support for staff raising concerns

    2. 62. Duty of candour

    3. 63. Notifications

18. PART 17 Offences

    1. 64. Offences – service providers

    2. 65. Offences – responsible individuals

19. PART 18 Service providers who are liquidated etc. or who have died

    1. 66. Appointment of liquidators etc.

    2. 67. Death of the service provider

20. PART 19 Regulations under section 21(5) of the Act

    1. 68. Designation of responsible individual by Welsh Ministers

21. Signature

22. 1. SCHEDULE 1

       1. PART 1 Information and documentation to be available in respect of adult placement carers and persons working at the service

          1. 1. Proof of identity including a recent photograph.

          2. 2. Where required for the purposes of an exempted question in...

          3. 3. Where required for the purposes of an exempted question asked...

          4. 4. Two written references, including a reference from the last employer,...

          5. 5. Where a person has previously worked in a position whose...

          6. 6. Documentary evidence of any relevant qualification.

          7. 7. Where relevant, documentary evidence of registration with SCW.

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

          9. 9. Evidence of satisfactory linguistic ability for the purposes of providing...

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

       2. PART 2 Interpretation of Part 1

          1. 11. For the purposes of paragraphs 2 and 3 of Part...

    2. SCHEDULE 2

       Records to be kept in respect of services

       1. 1. Records to be kept

       2. 2. In respect of each individual, records of—

       3. 3. A record of any charges by the service provider to...

       4. 4. Where applicable, a record of all medicines kept by the...

       5. 5. A record of all money or other valuables deposited by...

       6. 6. A record of the following events that occur in the...

       7. 7. A record of all complaints made by individuals or their...

       8. 8. A record of all persons working at the service, which...

       9. 9. A copy of the duty roster of persons working at...

    3. SCHEDULE 3

       Notifications by the service provider

       1. 1. Any revision to the statement of purpose, 28 days prior...

       2. 2. Where the service provider (individual or organisation) changes their name....

       3. 3. Where, on or after 1 April 2020, the service provider...

       4. 3A. Where, on or after 1 April 2020, the service provider...

       5. 4. Where the service provider is an individual, the appointment of...

       6. 5. Where the service provider is a body corporate or partnership,...

       7. 6. Where the service provider is a partnership, death of one...

       8. 7. Where the service provider is a partnership, any change in...

       9. 8. Expected absence of the responsible individual for 28 days or...

       10. 9. The unexpected absence of the responsible individual, no later than...

       11. 10. Unexpected absence of the responsible individual for 28 days or...

       12. 11. Return from absence of the responsible individual.

       13. 12. The responsible individual ceases, or proposes to cease, being the...

       14. 13. Any abuse or allegation of abuse in relation to an...

       15. 14. Where the service provider, responsible individual or appointed manager convicted...

       16. 15. Any allegation of misconduct by a member of staff.

       17. 16. Serious accident or injury of an individual placed with an...

       18. 17. Any incident reported to the police.

       19. 18. Any events which prevent, or could prevent, the service provider...

       20. 19. The death of an individual placed with an adult placement...

       21. 20. Any request to a supervisory body in relation to the...

       22. 21. Any proposal to change the address of the principal office,...

       23. 22. Any change of telephone number or electronic mail address for...

    4. SCHEDULE 4

       Notifications by the responsible individual

       1. 1. The appointment of a manager (see regulation 46(1)).

       2. 2. The appointment of a manager (see regulation 46(1)).

       3. 3. The expected absence of the appointed manager for 28 days...

       4. 4. The unexpected absence of the appointed manager, no later than...

       5. 5. The unexpected absence of appointed manager for 28 days or...

       6. 6. Return from absence of appointed manager.

       7. 7. Interim arrangements where the manager is absent for longer than...

       8. 8. Someone other than the appointed manager is proposing to manage...

       9. 9. The appointed manager ceases, or proposes to cease, managing the...

23. Explanatory Note