The Day Care Setting Regulations (Northern Ireland) 2007

Regulation 4(1)(c)

SCHEDULE 1 N.I. INFORMATION TO BE INCLUDED IN THE STATEMENT OF PURPOSE

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

Commencement Information

I1 Sch. 1 para. 1 in operation at 30.4.2007, see reg. 1

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

Commencement Information

I2 Sch. 1 para. 2 in operation at 30.4.2007, see reg. 1

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

Commencement Information

I3 Sch. 1 para. 3 in operation at 30.4.2007, see reg. 1

4.  The philosophy of care. N.I.

Commencement Information

I4 Sch. 1 para. 4 in operation at 30.4.2007, see reg. 1

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

Commencement Information

I5 Sch. 1 para. 5 in operation at 30.4.2007, see reg. 1

6.  The organisational structure of the day care setting. N.I.

Commencement Information

I6 Sch. 1 para. 6 in operation at 30.4.2007, see reg. 1

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

Commencement Information

I7 Sch. 1 para. 7 in operation at 30.4.2007, see reg. 1

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

Commencement Information

I8 Sch. 1 para. 8 in operation at 30.4.2007, see reg. 1

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

Commencement Information

I9 Sch. 1 para. 9 in operation at 30.4.2007, see reg. 1

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

Commencement Information

I10 Sch. 1 para. 10 in operation at 30.4.2007, see reg. 1

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

Commencement Information

I11 Sch. 1 para. 11 in operation at 30.4.2007, see reg. 1

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

Commencement Information

I12 Sch. 1 para. 12 in operation at 30.4.2007, see reg. 1

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

Commencement Information

I13 Sch. 1 para. 13 in operation at 30.4.2007, see reg. 1

14.  The arrangements for dealing with complaints. N.I.

Commencement Information

I14 Sch. 1 para. 14 in operation at 30.4.2007, see reg. 1

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

Commencement Information

I15 Sch. 1 para. 15 in operation at 30.4.2007, see reg. 1

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

Commencement Information

I16 Sch. 1 para. 16 in operation at 30.4.2007, see reg. 1

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

Commencement Information

I17 Sch. 1 para. 17 in operation at 30.4.2007, see reg. 1

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

Commencement Information

I18 Sch. 1 para. 18 in operation at 30.4.2007, see reg. 1

Regulations 8, 10, 21

SCHEDULE 2 N.I. 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. N.I.

Commencement Information

I19 Sch. 2 para. 1 in operation at 30.4.2007, see reg. 1

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

(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 [F1 and an application for either certificate shall be accompanied, where applicable, by an adults’ suitability statement under section 113D of that Act.]

Textual Amendments

F1 Words in Sch. 2 para. 2 inserted (13.8.2008) by The Establishments and Agencies (Fitness of Workers) Regulations (Northern Ireland) 2008 (S.R. 2008/346), reg. 6(3)

Commencement Information

I20 Sch. 2 para. 2 in operation at 30.4.2007, see reg. 1

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

Commencement Information

I21 Sch. 2 para. 3 in operation at 30.4.2007, see reg. 1

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. N.I.

Commencement Information

I22 Sch. 2 para. 4 in operation at 30.4.2007, see reg. 1

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. N.I.

Commencement Information

I23 Sch. 2 para. 5 in operation at 30.4.2007, see reg. 1

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

Commencement Information

I24 Sch. 2 para. 6 in operation at 30.4.2007, see reg. 1

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. N.I.

Commencement Information

I25 Sch. 2 para. 7 in operation at 30.4.2007, see reg. 1

Regulation 17(1)

SCHEDULE 3 N.I. 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. N.I.

Commencement Information

I26 Sch. 3 para. 1 in operation at 30.4.2007, see reg. 1

2.  Daily menus. N.I.

Commencement Information

I27 Sch. 3 para. 2 in operation at 30.4.2007, see reg. 1

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

Commencement Information

I28 Sch. 3 para. 3 in operation at 30.4.2007, see reg. 1

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

Commencement Information

I29 Sch. 3 para. 4 in operation at 30.4.2007, see reg. 1

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

Commencement Information

I30 Sch. 3 para. 5 in operation at 30.4.2007, see reg. 1

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

Commencement Information

I31 Sch. 3 para. 6 in operation at 30.4.2007, see reg. 1

7.  Visitors to the day care setting. N.I.

Commencement Information

I32 Sch. 3 para. 7 in operation at 30.4.2007, see reg. 1

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

Commencement Information

I33 Sch. 3 para. 8 in operation at 30.4.2007, see reg. 1

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

Commencement Information

I34 Sch. 3 para. 9 in operation at 30.4.2007, see reg. 1

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

Commencement Information

I35 Sch. 3 para. 10 in operation at 30.4.2007, see reg. 1

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

Commencement Information

I36 Sch. 3 para. 11 in operation at 30.4.2007, see reg. 1

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

Commencement Information

I37 Sch. 3 para. 12 in operation at 30.4.2007, see reg. 1

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

Commencement Information

I38 Sch. 3 para. 13 in operation at 30.4.2007, see reg. 1

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

Commencement Information

I39 Sch. 3 para. 14 in operation at 30.4.2007, see reg. 1

15.  Minutes of management meetings. N.I.

Commencement Information

I40 Sch. 3 para. 15 in operation at 30.4.2007, see reg. 1

Regulation 19(1)(a)

SCHEDULE 4 N.I. 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— N.I.

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

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

Commencement Information

I41 Sch. 4 para. 1 in operation at 30.4.2007, see reg. 1

2.  A recent photograph of the service user. N.I.

Commencement Information

I42 Sch. 4 para. 2 in operation at 30.4.2007, see reg. 1

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

(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.

Commencement Information

I43 Sch. 4 para. 3 in operation at 30.4.2007, see reg. 1

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

Commencement Information

I44 Sch. 4 para. 4 in operation at 30.4.2007, see reg. 1

Regulation 19(2)

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

1.  A copy of the statement of purpose. N.I.

Commencement Information

I45 Sch. 5 para. 1 in operation at 30.4.2007, see reg. 1

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

Commencement Information

I46 Sch. 5 para. 2 in operation at 30.4.2007, see reg. 1

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

Commencement Information

I47 Sch. 5 para. 3 in operation at 30.4.2007, see reg. 1

4.  A copy of all inspection reports. N.I.

Commencement Information

I48 Sch. 5 para. 4 in operation at 30.4.2007, see reg. 1

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. N.I.

Commencement Information

I49 Sch. 5 para. 5 in operation at 30.4.2007, see reg. 1

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

(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.

Commencement Information

I50 Sch. 5 para. 6 in operation at 30.4.2007, see reg. 1

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. N.I.

Commencement Information

I51 Sch. 5 para. 7 in operation at 30.4.2007, see reg. 1

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. N.I.

Commencement Information

I52 Sch. 5 para. 8 in operation at 30.4.2007, see reg. 1

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. N.I.

Commencement Information

I53 Sch. 5 para. 9 in operation at 30.4.2007, see reg. 1

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

(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.

Commencement Information

I54 Sch. 5 para. 10 in operation at 30.4.2007, see reg. 1

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. N.I.

Commencement Information

I55 Sch. 5 para. 11 in operation at 30.4.2007, see reg. 1

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. N.I.

Commencement Information

I56 Sch. 5 para. 12 in operation at 30.4.2007, see reg. 1

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

Commencement Information

I57 Sch. 5 para. 13 in operation at 30.4.2007, see reg. 1

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

Commencement Information

I58 Sch. 5 para. 14 in operation at 30.4.2007, see reg. 1

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

Commencement Information

I59 Sch. 5 para. 15 in operation at 30.4.2007, see reg. 1

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. N.I.

Commencement Information

I60 Sch. 5 para. 16 in operation at 30.4.2007, see reg. 1

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

Commencement Information

I61 Sch. 5 para. 17 in operation at 30.4.2007, see reg. 1

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

Commencement Information

I62 Sch. 5 para. 18 in operation at 30.4.2007, see reg. 1

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

Commencement Information

I63 Sch. 5 para. 19 in operation at 30.4.2007, see reg. 1

(1)

1997 c. 50