Domiciliary Care Agencies Regulations 2002
| Jurisdiction | UK Non-devolved |
| Citation | SI 2002/3214 |
2002 No. 3214
SOCIAL CARE, ENGLAND
The Domiciliary Care Agencies Regulations 2002
Made 21th December 2002
Laid before Parliament 23th December 2002
Coming into force 1st April 2003
The Secretary of State for Health, in exercise of powers conferred on him by sections 4(6), 22(1), (2)(a) to (d), and (f) to (j), (5)(a) and (7)(a) to (h) and (j), 25, 34(1), 35 and 118(5) to (7) of the Care Standards Act 20001and of all other powers enabling him in that behalf, having consulted such persons as he considers appropriate2, hereby makes the following Regulations:—
PART 1
GENERAL
Citation, commencement and application
1.—(1) These Regulations may be cited as the Domiciliary Care Agencies Regulations 2002 and shall come into force on 1st April 2003.
(2) These Regulations apply to domiciliary care agencies in England only.
Interpretation
2.—(1) In these Regulations—
“the Act” means the Care Standards Act 2000;
“agency” means a domiciliary care agency;
“agency premises” means the premises from which the activities of an agency are carried on;
“direct service provider” means a provider who supplies a domiciliary care worker who is employed by, and who acts for and under the control of, the provider;
“domiciliary care worker” means a person who—
(a) is employed by the agency to act for, and under the control of, another person;
(b) is introduced by an agency to a service user for employment by him; or
(c) is employed by a direct service provider,
in a position which is concerned with the provision of personal care in their own homes for persons who by reason of illness, infirmity or disability are unable to provide it for themselves without assistance;
“organisation” means a body corporate or any unincorporated association other than a partnership;
“registered manager”, in relation to an agency, means a person who is registered under Part II of the Act as the manager of the agency;
“registered person”, in relation to an agency, means any person who is registered as the provider or the manager of the agency;
“registered provider”, in relation to an agency, means a person who is registered under Part II of the Act as the person carrying on the agency;
“responsible individual” shall be construed in accordance with regulation 7(2);
“service user” means any person for whom an agency—
(a) supplies a domiciliary care worker who is employed by the agency (including domiciliary care workers supplied by a direct service provider); or
(b) provides services for the purpose of supplying him with a domiciliary care worker for employment by him;
“service user’s guide” means the guide produced in accordance with regulation 5(1);
“statement of purpose” means the written statement compiled in accordance with regulation 4(1).
(2) In these Regulations, references to the supply of a domiciliary care worker mean—
(a)
(a) the supply of a domiciliary care worker who is employed by an agency to act for and under the control of another person;
(b)
(b) the introduction of a domiciliary care worker by an agency to a service user for employment by him; and
(c)
(c) the supply of a domiciliary care worker employed by a direct service provider to a service user.
(3) In these Regulations, the terms “employed” and “employment” include employment under a contract of service or a contract for services, or otherwise than under a contract and whether or not for payment.
Excepted undertakings
3. For the purposes of the Act, an undertaking is excepted from the definition of “domiciliary care agency” in section 4(3) of the Act if the undertaking is carried on by an individual who—
(a) carries it on otherwise than in partnership with others;
(b) is not employed by an organisation to carry it on; and
(c) does not employ any other person for the purpose of the undertaking.
Statement of purpose
4.—(1) The registered person shall compile in relation to the agency a written statement (in these Regulations referred to as “the statement of purpose”) which shall consist of a statement as to the matters listed in Schedule 1.
(2) The registered person shall supply a copy of the statement of purpose to the Commission and shall make a copy of it available on request for inspection at the agency premises by every service user and any person acting on behalf of a service user.
(3) Nothing in regulation 22 shall require or authorise the registered person to contravene, or not to comply with—
(a)
(a) any other provision of these Regulations; or
(b)
(b) the conditions for the time being in force in relation to the registration of the registered person under Part II of the Act.
Service user’s guide
5.—(1) The registered person shall produce a service user’s guide which shall include—
(a)
(a) a summary of the statement of purpose;
(b)
(b) the terms and conditions in respect of the services to be provided to service users, including as to the amount and method of payment of fees;
(c)
(c) a summary of the complaints procedure established in accordance with regulation 20; and
(d)
(d) the address and telephone number of the Commission.
(2) The registered person shall make a copy of the service user’s guide available on request for inspection at the agency premises by every service user and any person acting on behalf of a service user.
Review of statement of purpose and service user’s guide
6. The registered person shall—
(a) keep under review and, where appropriate, revise the statement of purpose and the service user’s guide; and
(b) notify the Commission of any material revision within 28 days.
PART II
REGISTERED PERSONS
Fitness of registered provider
7.—(1) A person shall not carry on an agency unless he is fit to do so.
(2) A person is not fit to carry on an agency unless the person—
(a)
(a) is an individual, who carries on the agency—
(i) otherwise than in partnership with others, and he satisfies the requirements set out in paragraph (3);
(ii) in partnership with others, and he and each of his partners satisfies the requirements set out in paragraph (3);
(b)
(b) is a partnership, and each of the partners satisfies the requirements set out in paragraph (3);
(c)
(c) is an organisation and—
(i) the organisation has given notice to the Commission of the name, address and position in the organisation of an individual (in these Regulations referred to as “the responsible individual”) who is a director, manager, secretary or other officer of the organisation and is responsible for supervising the management of the agency; and
(ii) that individual satisfies the requirements set out in paragraph (3).
(3) The requirements are that—
(a)
(a) he is of integrity and good character;
(b)
(b) he is physically and mentally fit to carry on the agency; and
(c)
(c) full and satisfactory information is available in relation to him in respect of each of the matters specified in Schedule 2.
(4) A person shall not carry on an agency if—
(a)
(a) he has been adjudged bankrupt or sequestration of his estate has been awarded and (in either case) he has not been discharged and the bankruptcy order has not been annulled or rescinded; or
(b)
(b) he has made a composition or arrangement with his creditors and has not been discharged in respect of it.
Appointment of manager
8.—(1) The registered provider shall appoint an individual to manage the agency where—
(a)
(a) there is no registered manager in respect of the agency; and
(b)
(b) the registered provider—
(i) is an organisation or a partnership; or
(ii) is not a fit person to manage an agency; or
(iii) is not, or does not intend to be, in full-time day to day charge of the agency.
(2) Where the registered provider appoints a person to manage the agency, he shall forthwith give notice to the Commission of—
(a)
(a) the name of the person so appointed; and
(b)
(b) the date on which the appointment is to take effect.
Fitness of manager
9.—(1) A person shall not manage an agency unless he is fit to do so.
(2) A person is not fit to manage an agency unless—
(a)
(a) he is of integrity and good character;
(b)
(b) having regard to the size of the agency, the statement of purpose and the number and needs of the service users—
(i) he has the qualifications, skills and experience necessary to manage the agency; and
(ii) he is physically and mentally fit to do so; and
(c)
(c) full and satisfactory information is available in relation to him in respect of each of the matters specified in Schedule 2.
Registered person—general requirements and training
10.—(1) The registered provider and the registered manager shall, having regard to the size of the agency, the statement of purpose and the number and needs of the service users, carry on or (as the case may be) manage the agency with sufficient care, competence and skill.
(2) If the registered provider is—
(a)
(a) an individual, he shall undertake;
(b)
(b) an organisation, it shall ensure that the responsible individual undertakes; or
(c)
(c) a partnership, it shall ensure that one of the partners undertakes,
from time to time such training as is appropriate to ensure that he has the experience and skills necessary for carrying on the agency.
(3) The registered manager shall undertake from time to time such training as is appropriate to ensure that he has the experience and skills necessary for managing the agency.
Notification of offences
11. Where the registered person or the responsible individual is convicted of any criminal offence, whether in England and Wales or elsewhere, he shall forthwith give notice in writing to the Commission of—
(a) the date and place of the conviction;
(b) the offence of which he was convicted; and
(c)...
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