The Day Care Setting Regulations (Northern Ireland) 2007

Regulation 4(1)(c)

SCHEDULE 1 INFORMATION TO BE INCLUDED IN THE STATEMENT OF PURPOSE

1.  The name and address of the registered provider and of any registered manager.

2.  The relevant qualifications and experience of the registered provider and any registered manager.

3.  The number, relevant qualifications and experience of persons employed in the day care setting.

4.  The philosophy of care.

5.  The status and constitution of the day care setting.

6.  The organisational structure of the day care setting.

7.  The number of service users to be provided with services.

8.  The range of needs that the day care setting is intended to meet and the number which can be accommodated.

9.  Any criteria used for admission to the day care setting.

10.  The arrangements for service users to engage in social activities, hobbies and leisure interests.

11.  The arrangements made for consultation with service users or their representatives about the operation of the day care setting.

12.  The fire precautions and associated emergency procedures in the day care setting.

13.  The arrangements made for contact between service users and their representatives.

14.  The arrangements for dealing with complaints.

15.  The arrangements made for dealing with reviews of the service user’s plan referred to in regulation 16(1).

16.  The number and size of rooms in the day care setting.

17.  Details of any specific therapeutic techniques used in the day care setting and arrangements made for their supervision.

18.  The arrangements made for respecting the privacy and dignity of service users.

Regulations 8, 10, 21

SCHEDULE 2 INFORMATION AND DOCUMENTS TO BE OBTAINED IN RESPECT OF PERSONS CARRYING ON, MANAGING OR WORKING AT A DAY CARE SETTING

1.  Proof of the person’s identity, including a recent photograph.

2.  When Part V of the Police Act 1997(1)) is commenced in Northern Ireland, either—

(a) where a certificate is required for a purpose which is prescribed by regulations under section 113B of that Act, an enhanced criminal record certificate issued under that section; or

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

3.  Two written references relating to the person, including a reference from the person’s present or most recent employer, (if any).

4.  Where a person has previously worked in a position whose duties involved work with children or vulnerable adults, so far as it is reasonably practicable, verification of the reason why the employment or position ended.

5.  Details and documentary evidence of any relevant qualifications or accredited training of the person and if applicable, registration with an appropriate professional regulatory body.

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

7.  Evidence that the person is physically and mentally fit for the purposes of the work which he is to perform with regard to or in the day care setting or, where it is impracticable for the person to obtain such evidence, a declaration signed by the person that he is so fit.

Regulation 17(1)

SCHEDULE 3 MATTERS TO BE MONITORED BY THE REGISTERED PERSON

1.  In respect of each service user cared for in the day care setting, compliance with the written care plan for the care of the service user.

2.  Daily menus.

3.  All accidents and injuries sustained in the day care setting.

4.  Complaints in relation to service users and their outcomes.

5.  Any allegations or suspicions of abuse in respect of service users and the outcome of any investigation.

6.  Recruitment records and conduct of required checks for new workers in the day care setting.

7.  Visitors to the day care setting.

8.  The use of measures of restraint in respect of service users.

9.  Risk assessments for health and safety purposes and subsequent action taken.

10.  Medicines, medical treatment and first aid administered to any service user.

11.  Duty rosters of persons working in the day care setting, and the rosters actually worked.

12.  The day care setting’s record of events and complaints.

13.  Fire drills and tests of alarms and of fire equipment.

14.  Records of appraisals of persons employed and the training and development plan.

15.  Minutes of management meetings.

Regulation 19(1)(a)

SCHEDULE 4 RECORDS TO BE KEPT IN A DAY CARE SETTING IN RESPECT OF EACH SERVICE USER

1.  The following documents in respect of each service user—

(a) the assessment of needs referred to in regulation 15(1)(a);

(b) the service user’s plan referred to in regulation 16(1).

2.  A recent photograph of the service user.

3.  A record of the following matters in respect of each service user—

(a) the name, address, date of birth and marital status of each service user;

(b) the name, address and telephone number of the service user’s next of kin or of any person authorised to act on his behalf;

(c) the name, address and telephone number of the service user’s general medical practitioner and of any officer of a HSS trust whose duty it is to supervise the welfare of the service user;

(d) the date on which the service user commenced attendance at the day care setting;

(e) the date on which the service user ceased to attend the day care setting;

(f) if the service user transfers to another day care setting, the name of the day care setting and the date on which the service user transfers;

(g) if the service user died in the day care setting, the date and time of death;

(h) the name and address of any HSS trust, organisation or other body which arranged the service user’s attendance in the day care setting;

(i) a record of all medicines brought into the day care setting for the service user, and the date on which they were administered to the service user;

(j) a record of any accident affecting the service user in the day care setting and of any other incident in the day care setting which is detrimental to the health or welfare of the service user including the nature, date and time of the accident or incident, whether medical treatment was required and the name of the persons who were respectively in charge of the day care setting and supervising the service user;

(k) details of any specialist communications needs of the service user and methods of communication that may be appropriate to the service user;

(l) details of any healthcare plan relating to the service user in respect of medication, specialist health care provision or nutrition;

(m) a record of falls and of treatment provided to the service user;

(n) a record of any restraint used in relation to the service user;

(o) a record of any limitations agreed with the service user or his representative as to the service user’s freedom of choice, liberty of movement and power to make decisions.

4.  A copy of correspondence relating to each service user.

Regulation 19(2)

SCHEDULE 5 OTHER RECORDS TO BE KEPT IN A DAY CARE SETTING

1.  A copy of the statement of purpose.

2.  A copy of the service user’s guide.

3.  A record of all accounts relating to the day care setting.

4.  A copy of all inspection reports.

5.  A copy of any report made under regulation 28(4)(c) and a copy of any written record or report made under regulation 29.

6.  A record of all persons employed in the day care setting, including in respect of each person so employed—

(a) his full name, address, date of birth, qualifications, experience and if applicable, confirmation of his registration status with an appropriate professional regulatory body;

(b) a copy of his birth certificate and passport (if any);

(c) a copy of each reference obtained in respect of him;

(d) the dates on which he commences and ceases to be so employed;

(e) the position he holds in the day care setting, the work that he performs and the number of hours for which he is employed each week;

(f) correspondence, reports, records of disciplinary action and any other records in relation to his employment including the recruitment process under which he was appointed;

(g) the training and development activities completed by him.

7.  A copy of the duty roster of persons working in the day care setting, and a record of whether the roster was actually worked.

8.  Where applicable, a record of the day care setting’s charges to service users, including any extra amounts payable for additional services not covered by those charges, and the amounts paid by or in respect of each service user.

9.  A record of all complaints made by service users or representatives or relatives of service users or by persons working in the day care setting about the operation of the day care setting, and the action taken by the registered person in respect of any such complaint.

10.  A record of any of the following events that occur in the day care setting—

(a) any accident;

(b) any incident which is detrimental to the health or welfare of a service user, including the outbreak of infectious disease in the day care setting;

(c) any injury or serious illness;

(d) any fire;

(e) except where a record to which paragraph 12 refers is to be made, any occasion on which the fire alarm equipment is operated;

(f) any theft or burglary.

11.  Records of the food provided for service users in sufficient detail to enable any person inspecting the record to determine whether the diet is satisfactory, in relation to nutrition and otherwise, and of any special diets prepared for individual service users.

12.  A record of every fire practice, drill or test of fire equipment (including fire alarm equipment) conducted in the day care setting and of any action taken to remedy defects in the fire equipment.

13.  A statement of the procedure to be followed in the event of a fire, or where a fire alarm is activated.

14.  A statement of the procedure to be followed in the event of accidents or in the event of a service user becoming missing.

15.  A record of charges made to service users for transport and the amounts paid by or in respect of each service user.

16.  A record of the programme of events and activities that includes the name of the person leading the activity and the names of those who participated.

17.  A record of all staff meetings held and the names of all those attending.

18.  A record of training undertaken as referred to in regulation 20(1)(c)(i).

19.  A record of all visitors to the day care setting, including the names of all visitors.

(1)

1997 c. 50