The Domiciliary Care Agencies Regulations 2002

Regulation 4(1)

SCHEDULE 1 INFORMATION TO BE INCLUDED IN THE STATEMENT OF PURPOSE

1.  The aims and objectives of the agency.

2.  The nature of the services which the agency provides.

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

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

5.  The range of qualifications of the domiciliary care workers supplied by the agency.

6.  The complaints procedure established in accordance with regulation 20.

Regulations 7(3) and 9(2)

SCHEDULE 2 INFORMATION REQUIRED IN RESPECT OF REGISTERED PROVIDERS AND MANAGERS OF AN AGENCY

1.  Proof of identity, including a recent photograph.

2.  Either—

(a) where the certificate is required for a purpose relating to section 115(5)(ea) of the Police Act 1997 (registration under Part II of the Care Standards Act 2000)(1), or the position falls within section 115(3) or (4) of that Act(2), an enhanced criminal record certificate issued under section 115 of that Act; or

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

including, where applicable, the matters specified in section 113(3A) and 115(6A) of that Act and the following provisions once they are in force, namely section 113(3C)(a) and (b) and section 11 5(6B)(a) and (b) of that Act(3).

3.  Two written references, including a reference relating to the last period of employment of not less than three months duration.

4.  Where a person has previously worked in a position which involved work with children or vulnerable adults, verification, so far as reasonably practicable, of the reason why he ceased to work in that position.

5.  Documentary evidence of any relevant qualifications and training.

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

7.  Details of health record.

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

9.  Details of any professional indemnity insurance.

Regulation 12

SCHEDULE 3 INFORMATION REQUIRED IN RESPECT OF DOMICILIARY CARE WORKERS

1.  Name, address, date of birth and telephone number.

2.  Name, address and telephone number of next of kin.

3.  Proof of identity, including a recent photograph.

4.  Details of any criminal offences—

(a) of which the person has been convicted, including details of any convictions which are spent within the meaning of section 1 of the Rehabilitation of Offenders Act 1974(4) and which may be disclosed by virtue of the Rehabilitation of Offenders (Exceptions) Order 1975(5); or

(b) in respect of which he has been cautioned by a constable and which, at the time the caution was given, he admitted.

5.  Two written references, including a reference relating to the last period of employment of not less than three months duration which involved work with children or vulnerable adults.

6.  Where the person has previously worked in a position which involved work with children or vulnerable adults, verification, so far as reasonably practicable, of the reason why he ceased to work in that position.

7.  Evidence of a satisfactory knowledge of the English language, where the person’s qualifications were obtained outside the United Kingdom.

8.  Documentary evidence of any relevant qualifications and training.

9.  A full employment history, together with a satisfactory written explanation of any gaps in employment and details of any current employment other than for the purposes of the agency.

10.  A statement by the person as to the state of his physical and mental health.

11.  A statement by the registered provider, or the registered manager, as the case may be, that the person is physically and mentally fit for the purposes of the work which he is to perform.

12.  Details of any professional indemnity insurance.

Regulation 19(1)

SCHEDULE 4 RECORDS TO BE MAINTAINED FOR INSPECTION

1.  All information provided to the Commission for the purposes of registration in relation to the agency.

2.  Details of every allegation of abuse, neglect or other harm made against an employee of, or any domiciliary care worker who works for, the agency, including details of the investigations made, the outcome and any action taken in consequence.

3.  Details of any physical restraint used on a service user by a person who works as a domiciliary care worker for the purposes of the agency.

4.  The service user plan devised for each service user in accordance with regulation 14, and a detailed record of the personal care provided to that service user.

(1)

Section 115(5)(ea) is inserted by the Care Standards Act 2000, section 104.

(2)

A position is within section 115(3) if it involves regularly caring for, training, supervising or being in sole charge of persons aged under 18. A position is within section 115(4) if it is of a kind specified in regulations and involves regularly caring for, training, supervising or being in sole charge of persons aged 18 or over.

(3)

Sections 113(3A) and 115(6A) are added to the Police Act 1997 by section 8 of the Protection of Children Act 1999 (c. 14), and amended by sections 104 and 116 of, and paragraph 25 of Schedule 4 to, the Care Standards Act 2000. Sections 113(3C) and 115(6B) are added to the Police Act 1997 by section 90 of the Care Standards Act 2000 on a date to be appointed.

(4)

1974 c. 53.

(5)

S.I. 1975/1023. Relevant amendments have been made by S.I. 1986/1249, 1986/2268, 2001/1192 and 2002/441.