- Latest available (Revised)
- Point in Time (07/03/2016)
- Original (As made)
Point in time view as at 07/03/2016.
There are currently no known outstanding effects for the The Domiciliary Care Agencies Regulations (Northern Ireland) 2007, Section 15.
Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.
15.—(1) Paragraphs (2) to (12) apply only to the supply of domiciliary care workers to service users by an agency which is acting otherwise than as an employment agency.
(2) The registered person shall, after consultation with the service user, or if consultation with the service user is not practicable, after consultation with the service user’s representative, prepare or ensure that a written plan (“the service user plan”) is prepared which shall—
(a)be consistent with any plan for the care of the service user prepared by any Health and Social Services Trust or Health and Social Services Board or other person with responsibility for commissioning personal social services for service users;
(b)specify the service user’s needs in respect of which prescribed services are to be provided;
(c)specify how those needs are to be met by the provision of prescribed services.
(3) The registered person shall—
(a)make the service user’s plan available to:
(i)the service user;
(ii)any representative of a service user who was consulted on its preparation or revision;
(b)keep the service user plan under review;
(c)where appropriate, and after consultation with the service user, or if consultation with the service user is not practicable, after consultation with the service user’s representative, revise the service user plan; and
(d)notify the service user or, where applicable, the service user’s representative, of any such revision.
(4) The registered person shall, so far as is practicable, ensure that the prescribed services which the agency arranges to be provided to any service user meets the service user’s needs specified in the service user plan prepared in respect of him.
(5) The registered person shall, for the purpose of providing prescribed services to service users, so far as is practicable—
(a)ascertain and take into account the service user's, and where appropriate their carer's, wishes and feelings;
(b)provide the service user, and where appropriate their carer, with comprehensive information and suitable choices as to the prescribed services that may be provided to them; and
(c)encourage and enable the service user, and where appropriate their carer, to make informed decisions with respect to such prescribed services.
(6) The registered person shall ensure that where the agency arranges the provision of prescribed services to a service user, the arrangements shall—
(a)specify the procedure to be followed after an allegation of abuse, neglect or other harm has been made;
(b)specify the circumstances in which a domiciliary care worker may administer or assist in the administration of the service user’s medication, or any other tasks relating to the service user’s health care, and the procedures to be adopted in such circumstances;
(c)include arrangements to assist the service user with mobility in his home, where required; and
(d)specify the procedure to be followed where a domiciliary care worker acts as agent for, or receives money from, a service user.
(7) The registered person shall make arrangements for the recording, handling, safe keeping, safe administration and disposal of medicines used in the course of the provision of prescribed services to service users.
(8) The registered person shall make suitable arrangements, including training, to ensure that domiciliary care workers operate a safe system of working, including in relation to lifting and moving service users and the operation of any special equipment.
(9) The registered person shall make arrangements, by training or by other measures, to prevent service users being harmed or suffering abuse or neglect or being placed at risk of harm, abuse or neglect.
(10) The registered person shall ensure that no service user is subject to physical restraint unless restraint of the kind employed is the only practicable means of securing the welfare of that or any other service user and there are exceptional circumstances.
(11) On any occasion on which a service user is subject to physical restraint by a person who works as a domiciliary care worker for the purposes of the agency, the registered person shall record the circumstances, including the nature of the restraint.
(12) The procedure referred to in paragraph (6)(a) shall in particular provide for—
(a)written records to be kept of any allegation of abuse, neglect or other harm and of the action taken in response; and
(b)the [F1RQIA] to be notified of any incident reported to the police, not later than 24 hours after the registered person—
(i)has reported the matter to the police; or
(ii)is informed that the matter has been reported to the police.
Textual Amendments
F1Words in Regulations substituted (11.4.2014) by Health and Social Care (Amendment) Act (Northern Ireland) 2014 (c. 5), Sch. para. 1(1)(a) (with Sch. para. 1(2))
Commencement Information
I1Reg. 15 in operation at 30.4.2007, see reg. 1
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: