The Regulated Services (Service Providers and Responsible Individuals) (Wales) Regulations 2017

PART 4E+WRequirements on service providers as to the steps to be taken before agreeing to provide care and support

Suitability of the serviceE+W

14.—(1) The service provider must not provide care and support for an individual unless the service provider has determined that the service is suitable to meet the individual's care and support needs and to support the individual to achieve their personal outcomes.

(2) The service provider must have in place a policy and procedures on admissions and commencement of the service.

(3) The determination under paragraph (1) must take into account—

(a)the individual's care and support plan,

(b)if there is no care and support plan, the service provider's assessment under paragraph (4),

(c)any health or other relevant assessments,

(d)the individual's views, wishes and feelings,

(e)any risks to the individual's well-being,

(f)any risks to the well-being of other individuals to whom care and support is provided,

(g)any reasonable adjustments which the service provider could make to enable the individual's care and support needs to be met, and

(h)the service provider's policy and procedures on admissions and commencement of the service.

(4) In a case where the individual does not have a care and support plan, the service provider must—

(a)assess the individual's care and support needs, and

(b)identify their personal outcomes.

(5) The assessment required by paragraph (4) must be carried out by a person who—

(a)has the skills, knowledge and competence to carry out the assessment, and

(b)has received training in the carrying out of assessments.

(6) In making the determination in paragraph (1), the service provider must involve the individual, the placing authority (if applicable) and any representative. But the service provider is not required to involve a representative if—

(a)the individual is an adult or a child aged 16 or over and the individual does not wish the representative to be involved, or

(b)involving the representative would not be consistent with the individual's well-being.