The Adult Placement Services (Service Providers and Responsible Individuals) (Wales) Regulations 2019

PART 4 E+W Requirements on service providers as to the steps to be taken on commencement of the provision of care and support

Carer agreement E+W

11.—(1) The service provider must not make a placement of an individual with an adult placement carer unless the service provider has entered into a carer agreement with the adult placement carer.

(2) The carer agreement must be in writing.

(3) A service provider may only enter into one carer agreement with each adult placement carer.

(4) The carer agreement must—

(a) provide that the parties to the carer agreement undertake their roles in accordance with the policies and procedures of the service;

(b) include arrangements to ensure that the premises, facilities and equipment used by adult placement carers are—

(i) suitable and safe for the purpose for which they are intended to be used;

(ii) used in a safe way;

(iii) properly maintained;

(iv) kept clean to a standard which is appropriate for the purpose for which they are being used;

(v) in the case of equipment, stored appropriately;

(c) include a requirement that the adult placement carer should support the individual to access treatment, advice and other services from any health care professional as necessary;

(d) include arrangements to ensure that medicines are stored and administered safely including specifying in what circumstances an adult placement carer may administer or assist in the administration of an individual's medication and the procedures to be adopted in such circumstances;

(e) include suitable arrangements to support individuals to manage their money.

(5) The service provider must terminate a carer agreement in any case in which the adult placement carer ceases to be fit to be an adult placement carer in accordance with regulation 36.

(6) Without prejudice to paragraph (5), the service provider must terminate a carer agreement in any case in which it appears to the service provider that the adult placement carer is not meeting or will not meet their obligations under the carer agreement.

(7) The service provider must not terminate a carer agreement without first consulting the adult placement carer, unless it is not reasonably practicable to consult them.

Commencement Information

I1 Reg. 11 in force at 29.4.2019, see reg. 1(2)

Individual placement agreement E+W

12.—(1) The service provider must not make a placement of an individual with an adult placement carer unless the service provider has entered into an individual placement agreement with the adult placement carer.

(2) There must be an individual placement agreement for each individual to be placed with the adult placement carer.

(3) Whenever practicable the individual must be a party to the agreement, and be given a signed copy of the agreement relating to the care and support to be provided to the individual to achieve their personal outcomes.

(4) The service provider must include in an individual placement agreement information that enables each party involved in the agreement to understand their roles and responsibilities.

(5) The individual placement agreement must also include the following information—

(a) whenever practicable, the name of an individual other than a member of staff of the service provider, the responsible individual or the adult placement carer, who with the individual's express or implied consent takes an interest in the individual's health and welfare;

(b) the room to be occupied by the individual in the adult placement carer's home;

(c) the fees payable in respect of the placement and by whom they are payable.

(6) The service provider must put arrangements in place to ensure that individuals receive such support as is necessary to enable them to understand the information contained in any such agreement.

(7) The service provider must review the individual placement agreement—

(a) at least once within the first year of the placement;

(b) whenever a significant alteration is made to the personal plan;

(c) at the reasonable request of the individual, any representative or the adult placement carer;

(d) in any event, within a year of the last review.

(8) The service provider must terminate an individual placement agreement in any case in which the adult placement carer ceases to be fit to be an adult placement carer in accordance with regulation 36.

(9) Without prejudice to paragraph (8), the service provider must terminate a carer agreement in any case in which it appears to the service provider that the adult placement carer is not meeting or will not meet their obligations under the individual placement agreement.

(10) The service provider must not terminate a individual placement agreement without first consulting the individual, unless it is not reasonably practicable to consult them.

Commencement Information

I2 Reg. 12 in force at 29.4.2019, see reg. 1(2)

Personal plan E+W

13.—(1) The service provider must prepare a plan for the individual which sets out—

(a) how on a day to day basis the individual's care and support needs will be met,

(b) how the individual will be supported to achieve his or her personal outcomes,

(c) the steps which will be taken to mitigate any identified risks to the individual's well-being, and

(d) the steps which will be taken to support positive risk-taking and independence, where it has been determined this is appropriate.

(2) The plan which is required to be prepared under paragraph (1) is referred to in these Regulations as a personal plan.

(3) The personal plan must be prepared prior to commencement of the provision of care and support to the individual, unless paragraph (4) applies.

(4) This paragraph applies in a case where the individual is in urgent need of care and support and there has been no time to prepare a personal plan prior to the commencement of the provision of care and support to the individual.

(5) If paragraph (4) applies, the personal plan must be prepared within 24 hours of the commencement of the provision of care and support to the individual.

(6) When preparing a personal plan, the service provider must involve the individual and any representative. But the service provider is not required to involve a representative if—

(a) 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.

(7) In preparing the personal plan, the service provider must take into account—

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

(b) if there is no care and support plan, the provider's assessment under regulation 10(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, and

(f) any risks to the well-being of other individuals to whom care and support is provided in the same accommodation.

Commencement Information

I3 Reg. 13 in force at 29.4.2019, see reg. 1(2)

Review of personal plan E+W

14.—(1) The individual's personal plan must be reviewed as and when required but at least every three months.

(2) Reviews of a personal plan must include a review of the extent to which the individual has been able to achieve their personal outcomes.

(3) When carrying out a review under this regulation, the service provider must involve the individual and any representative. But the service provider is not required to involve a representative if—

(a) 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.

(4) Following the completion of any review required by this regulation, the service provider must consider whether the personal plan should be revised and revise the plan as necessary.

Commencement Information

I4 Reg. 14 in force at 29.4.2019, see reg. 1(2)

Records of personal plan E+W

15.  The service provider must—

(a) keep a record of—

(i) the personal plan and any revised plan, and

(ii) the outcome of any review, and

(b) give a copy of the personal plan and any revised plan to—

(i) the individual,

(ii) any representative, unless this is not appropriate or would be inconsistent with the individual's well-being.

Commencement Information

I5 Reg. 15 in force at 29.4.2019, see reg. 1(2)