The Adult Placement Schemes (England) Regulations 2004

Publication Date:January 01, 2004

2004No. 2071

SOCIAL CARE, ENGLAND

The Adult Placement Schemes (England) Regulations 2004

2ndAugust2004

10thAugust2004

31stAugust2004

ARRANGEMENT OF REGULATIONS

PART 1

GENERAL

1.

Citation, commencement and application

2.

Interpretation

3.

Specification of registration authority

4.

Statement of purpose

5.

Service user's guide

6.

Review of statement of purpose and service user's guide

7.

Scheme documents

PART 2

REGISTERED PERSONS

8.

Fitness of registered provider

9.

Appointment of manager

10.

Fitness of manager

11.

Registered person - general requirements and training

12.

Notification of offences

PART 3

ADULT PLACEMENTS AND ADULT PLACEMENT CARERS

CHAPTER 1

MAKING, MONITORING AND TERMINATION OF PLACEMENTS

13.

Making of placements and placement agreements

14.

Monitoring and review of placements

15.

Termination of placements

CHAPTER 2

ADULT PLACEMENT CARERS

16.

Fitness of adult placement carers

17.

Carer agreements

18.

Adult placement carers - training

19.

Adult placement carer handbook

CHAPTER 3

SERVICE USER'S PLAN

20.

Service user's plan

PART 4

CONDUCT OF ADULT PLACEMENT SCHEMES

CHAPTER 1

OPERATION OF ADULT PLACEMENT SCHEME

21.

General conduct of adult placement scheme

22.

Information, documents and records

23.

Complaints

24.

Review of quality of scheme's operations

25.

Visits by registered provider

26.

Staff views as to conduct of scheme

CHAPTER 2

PREMISES

27.

Fitness of premises

CHAPTER 3

STAFFING

28.

Fitness of staff

29.

Staffing

30.

Employment of staff

31.

Staff handbook

CHAPTER 4

FINANCIAL MATTERS

32.

Financial position

CHAPTER 5

NOTICES TO BE GIVEN TO THE CSCI

33.

Notification of incidents

34.

Notice of absence

35.

Notice of changes

36.

Appointment of liquidators etc.

37.

Death of registered person

PART 5

MISCELLANEOUS

38.

Compliance with regulations

39.

Offences

40.

Application of Part 2 of the Act to persons carrying on or managing an adult placement scheme

41.

Amendment of the Care Homes Regulations 2001

42.

Amendment of the National Care Standards Commission (Registration) Regulations 2001

43.

Amendment of the Commission for Social Care Inspection (Fees and Frequency of Inspections) Regulations 2004

44.

Amendment of the Domiciliary Care Agencies Regulations 2002

45.

Transitional and savings Provisions

SCHEDULE

1.

Information to be included in the statement of purpose

2.

Information and documents in respect of persons providing, managing and working for the purposes of a scheme (excluding adult placement carers)

3.

Information and documents in respect of adult placement carers and others

4.

Records to be kept by a scheme

5.

Modification of the Care Standards Act 2000 in respect of persons carrying on and managing adult placement schemes

6.

Amendment of the Care Homes Regulations 2001

7.

Amendment of the National Care Standards Commission (Registration) Regulations 2001

8.

Amendment of the Commission for Social Care Inspection (Fees and Frequency of Inspections) Regulations 2004

9.

Amendment of the Domiciliary Care Agencies Regulations 2002

10.

Transitional and savings Provisions

The Secretary of State for Health, in exercise of the powers conferred upon him by sections 11(4), 12(2), 14(1)(d), 15(3), 16(1) and (3), 22(1), (2)(a) to (d), (f) to (j), (5)(a) and (b), (7)(a) to (h) and (j), 25(1), 31(7), 33, 34(1), 35, 42(1) and (5) and 118(5), (6) and (7) of the Care Standards Act 2000( 1) and having consulted such persons as he considers appropriate( 2), hereby makes the following Regulations: -

PART 1

GENERAL

Citation, commencement and application

1. - (1) These Regulations may be cited as the Adult Placement Schemes (England) Regulations 2004 and shall come into force on 31st August 2004.

(2) These Regulations apply in relation to adult placement schemes carried on in England only.

Interpretation

2. In these Regulations -

"the Act" means the Care Standards Act 2000;

"adult placement carer" means a person who, under the terms of a carer agreement entered into with a person who carries on an adult placement scheme, provides, or intends to provide, care or support (which may include accommodation in the carer's home) for service users;

"adult placement scheme" means a scheme carried on (whether or not for profit) by a local authority or other person for the purposes of -

(a) recruiting and training adult placement carers;(b) making arrangements for the placing of service users with adult placement carers; and(c) supporting and monitoring placements,

but does not include arrangements made by a person solely for the provision of care and support for his or her relative;

"approval panel" means the panel appointed by the provider of an adult placement scheme for the purpose of approving applications to schemes from prospective carers;

"carer agreement" shall be construed in accordance with regulation 17;

"complaints procedure" shall be construed in accordance with regulation 23;

"home", where a person has more than one home, means the home where the person ordinarily resides;

"organisation" means a body corporate or any unincorporated association other than a partnership;

"placement" means an arrangement whereby an adult is provided with care or support by an adult placement carer and "placed" shall be construed accordingly;

"placement agreement" shall be construed in accordance with regulation 13;

"placing authority" means a local authority or National Health Service body( 3) with responsibility for commissioning social care services for service users;

"registered manager", in relation to an adult placement scheme, means a person who is registered under Part 2 of the Act as the manager of the scheme;

"registered person", in relation to an adult placement scheme, means any person who is the registered provider or the registered manager in respect of the scheme;

"registered provider", in relation to an adult placement scheme, means a person who is registered under Part 2 of the Act as the person carrying on the scheme, and references to carrying on a scheme shall be construed accordingly;

"relative", in relation to a service user means -

(a) the service user's spouse;(b) any parent, grandparent, child, grandchild, brother, sister, uncle, aunt, nephew or niece of the service user, or of his spouse;(c) the spouse of any relative within sub-paragraph (b) of this definition;

and for the purpose of determining any such relationship a person's step child shall be treated as his or her child, and references to "spouse" include a former spouse and a person who is living with the person as if they were husband and wife;

"responsible individual" has the meaning given to it in regulation 8(2)(c)(i) of these Regulations;

"scheme" means an adult placement scheme carried on by a registered provider;

"scheme premises" means premises where the management of the scheme is carried on;

"service user" in relation to a scheme, means an adult who may be or is placed by the scheme;

"service user's plan" means the plan prepared in accordance with regulation 20;

"staff" in relation to a scheme, means persons, other than adult placement carers, who work for the purposes of the scheme;

"statement of purpose" means the written statement compiled in accordance with regulation 4;

"vulnerable adult" has the same meaning as in the Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975( 4);

"work" includes work of any kind, whether paid or unpaid, and whether under a contract or apprenticeship, under a contract for services, or otherwise than under a contract.

Specification of registration authority

3. For the purposes of these Regulations, the CSCI is specified as the registration authority( 5).

Statement of purpose

4. - (1) The registered provider shall compile in relation to the adult placement scheme a written statement (in these Regulations referred to as the "statement of purpose") which shall consist of -

(a) a statement of the aims and objectives of the scheme; and(b) a statement as to the matters listed in Schedule 1.

(2) The registered provider shall provide a copy of the statement of purpose to the CSCI and shall make it available upon request for inspection at any reasonable time by any service user and any person acting on behalf of a service user.

(3) Nothing in this regulation, or in regulation 27, shall require or authorise the registered provider to contravene, or not to comply with -

(a) any other provision of these Regulations; or(b) the conditions for the time being in force in relation to the registration of the registered provider under Part 2 of the Act.

Service user's guide

5. - (1) The registered provider shall produce a written guide to the scheme (in these Regulations referred to as the "service user's guide") which must include -

(a) a summary of the statement of purpose;(b) a statement explaining the process whereby arrangements are made for the placing of service users, including how adult placement carers are chosen to provide care or support to service users and how the placement is made;(c) a statement of the range of care and support provided by adult placement carers under the scheme;(d) a statement of the fee, or range of fee, payable by or in respect of service users for the provision of each type of care and support provided under the scheme including a statement of any services for which there may be an extra charge not included within the stated fee or range of fee;(e) the standard terms and conditions for the provision of the care and support for service users, including the terms governing the termination of the placement and the notice period required to terminate the placement;(f) a summary of the complaints procedure; and(g) the address and telephone number of the registered provider and of the CSCI.

(2) The registered provider shall -

(a) provide a copy of the service user's guide to the CSCI; and(b) provide a copy of the current service user's guide to each service user...

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