Regulation of Care
(Standards and Requirements) (Jersey) Regulations 2018
THE STATES, in pursuance of Articles 9(1),
10, 11, 14, 16 and 30(3) of the Regulation of
Care (Jersey) Law 2014, and after having consulted the Health
and Social Care Commission and in accordance with Article 14(9), have made
the following Regulations –
Commencement [see endnotes]
part 1
introductory
1 Interpretation
(1) In these
Regulations –
“barred list” means the children’s barred list or
the adults’ barred list maintained under section 2 of the Safeguarding
Vulnerable Groups Act 2006 (of Parliament) or any corresponding list
maintained under an equivalent enactment in another jurisdiction;
“care” means nursing care or social care;
“care receiver” means a person in receipt of care;
“child” means any person under the age of 18;
“children’s home” means a home consisting of a
care home service that provides residential accommodation only to children;
“independent person” means a person appointed as such
under Regulation 31(1);
“Law” means the Regulation of Care (Jersey)
Law 2014;
“personal plan” has the meaning assigned by Regulation 10(1);
“representative” means, in relation to a care
receiver –
(a) where
the care receiver is aged 16 or over, any person nominated by the care
receiver; or
(b) where
the care receiver is aged 16 or over but lacks capacity within the meaning
of Article 4 of the Capacity and
Self-Determination (Jersey) Law 2016, a person mentioned in
Article 6(4) of that Law;
(c) where
the care receiver is under the age of 16, a person who has parental
responsibility (within the meaning of the Children (Jersey)
Law 2002) for the care receiver;
“Statement of Purpose” means the document referred to in
Regulation 3(1)(c).
(2) Words and phrases used
in Schedule 1 to the Law have the same respective meanings when used in
these Regulations.
Part 2
registration
2 Fitness
criteria
(1) A person is a fit
person to be registered as the provider of, or a manager in relation to, a
regulated activity if the person is –
(a) of
good character;
(b) has
the qualifications, skill, knowledge or experience necessary for providing or
managing the regulated activity as the case may be; and
(c) is
not taken to be unfit for such registration under paragraph (2) or, in the
case of a person applying to be registered as a manager, paragraph (3).
(2) A person is taken to be
unfit to be registered as the provider of, or a manager in relation to, a
regulated activity if the person –
(a) has
been sentenced to a term of imprisonment (whether immediate or suspended and
wherever imposed, provided that it was imposed for conduct that would be an
offence in any part of the British Islands), without the option of paying a
fine, for an offence that, in the reasonable opinion of the Commission, makes
the person unsuitable to be so registered;
(b) is
named on a barred list;
(c) has
ever been declared bankrupt in Jersey or elsewhere; or
(d) is
disqualified for holding office as a company director in Jersey or elsewhere.
(3) A person is taken to be
unfit to be registered as a manager in relation to, a regulated activity if the
person –
(a) is
required by his or her terms of service as a manager to be registered with a
professional body and does not hold that registration; or
(b) is
not physically and mentally fit to manage the regulated activity.
(4) In the case of a person
that is a body corporate, the requirements of this Regulation apply in the case
of every director, board member, trustee or other similar office holder of that
body and a reference to “person” in this Regulation is a reference
to each such person.
3 Conditions
of registration: general
(1) The Commission must
impose the following conditions upon the registration of a
provider –
(a) to
have an address in Jersey;
(b) to
supply the address of each location at which it provides a regulated activity;
(c) to
submit a Statement of Purpose, namely a document that includes a description of
services, including where and to whom they are provided, along with the provider’s
aims and objectives, ethos and intended outcomes to –
(i) an inspector
appointed by the Commission,
(ii) any
person working in the service,
(iii) any
care receiver and his or her representatives, and
(iv) any
person involved in arranging care for a care receiver;
(d) to
provide care only to a stipulated category or categories of care receiver;
(e) where
the regulated activity is a care home service, to provide care only to a
stipulated maximum number of care receivers at any one time –
(i) in terms of who
may be accommodated in the home, and
(ii) where
both nursing care and personal care or personal support are provided, in terms
of who may be provided with nursing care and personal care or personal support;
(f) where
the regulated activity is a care home service, to provide care
only –
(i) to a stipulated
maximum number, or
(ii) to
a stipulated category or categories,
of care receiver at any one time who may be accommodated in
particular rooms (which may vary depending on the type of care provided);
(g) where
the regulated activity is a home care service, to provide care only up to a
stipulated maximum number of hours, and where both nursing care and social care
are provided, to provide care only up to a stipulated maximum number of hours relating
to each type of care that may be provided;
(h) where
the regulated activity is an adult day care service, to provide care only to a
stipulated maximum number of care receivers at any one time –
(i) in terms of who
may be accommodated on the premises at any one time, and
(ii) where
both nursing care and social care are provided, in terms of for whom each type
of care is provided;
(i) in
relation to any regulated activity, to provide care only to care receivers of a
stipulated age parameter;
(j) to
conduct the regulated activity in accordance with the Statement of Purpose.
(2) It is a further
condition of registration as a manager that the manager demonstrate to the
satisfaction of the Commission that he or she has undertaken such training and
continuing professional development so as to ensure that he or she maintains
the experience and skills necessary to manage the regulated activity.
(3) A registered person
must pay the annual fee required by Article 9 of the Law by 31st January
each year.
3A Modification
of application of Regulation 3 due to outbreak of Covid-19[1]
(1) Paragraph (2) applies
if –
(a) a
registered provider is unable to comply with any of the relevant conditions of
the provider’s registration imposed under Regulation 3 as a direct
or indirect result of an outbreak of Covid-19 in Jersey or its aftermath; and
(b) the
registered provider notifies the Commission of the conditions that the provider
is unable to comply with.
(2) Where this paragraph
applies, the Commission must suspend the imposition of any relevant condition
in relation to that registered provider for a period of one month if the
Commission determines, on the basis of information supplied by the registered
provider, that it is proportionate and reasonable to do so.
(3) Paragraph (2) also
applies if, at the end of that and any subsequent one-month period,
paragraph (1)(a) continues to apply and the registered provider again
notifies the Commission as required by paragraph (1)(b).
(4) In this Regulation
“relevant conditions” means the conditions set out in
Regulation 3(1)(d) to (j).
(5) Nothing in this
Regulation applies to a registered provider to the extent that the regulated
activity concerned includes provision of care to a child.
(6) During the period
between the commencement of the Covid-19 (Amendments
– Extension and Suspension) (Jersey) Regulations 2021 and the expiry
of this Regulation under Regulation 34A, paragraphs (1) to (4) do not
have effect unless there is in force an Order under paragraph (7).[2]
(7) The Minister may by
Order re-instate the effect of paragraphs (1) to (4).[3]
(8) Before making an Order
under paragraph (7) the Minister must –
(a) consult
the Council of Ministers;
(b) obtain
the consent of the Minister for Health and Social Services; and
(c) be
satisfied that it is necessary and proportionate, having regard to the
foreseeable risk of the spread of Covid‑19 in Jersey, to make the Order.[4]
(9) Before giving consent
under paragraph (8)(b) the Minister for Health and Social Services must
consult the Medical Officer of Health.[5]
(10) If a relevant condition has
been suspended under paragraph (2), but the one-month period for that
suspension has not ended at a time when an early termination event occurs, the
suspension ends on the occurrence of the early termination event.[6]
(11) An early termination event
is –
(a) the
commencement of the Covid-19 (Amendments – Extension and Suspension)
(Jersey) Regulations 2021;
(b) the
commencement of an Order repealing an Order under paragraph (7); or
(c) the
expiry of this Regulation under Regulation 34A.[7]
(12) Nothing in an Order under
paragraph (7) is to be treated as derogating from Regulation 34A.[8]
4 Conditions
of registration: regulated activities at one or more premises
(1) If the Commission has
not given permission under Article 4(4) for a person to be the registered
provider of a regulated activity carried out at more than one premises, the
Commission must impose a condition of registration that the provider must
ensure that no registered manager is the registered manager for more than one
premises.
(2) An individual who is a
registered provider in relation to a regulated activity may also be the
registered manager in relation to the carrying on of that activity provided
that the regulated activity is carried on at only one premises.
part 3
service requirements
5 Conduct
of regulated activity
(1) A registered person
must ensure that the regulated activity is conducted so as to make proper
provision for care receivers in respect of their health, safety and welfare and
that the particular needs of each care receiver (whether as to education,
treatment, supervision or otherwise) are identified and met.
(2) The registered manager
must lead and manage the regulated activity in a way that is consistent the
Statement of Purpose.
(3) Before making any
decisions about a care receiver with respect to the matters mentioned in
paragraph (1), a registered person must –
(a) consider
the need to safeguard and promote the welfare of the care receiver; and
(b) as
far as is practicable ascertain and have regard to the wishes and feelings of
the care receiver or his or her representative.
(4) A registered person
must ensure that the regulated activity is carried on in such a manner as to
maintain good personal and professional relationships with both workers and
care receivers.
6 Openness
and transparency
(1) A registered person
must act in an open and transparent way in relation to care and treatment
provided to care receivers.
(2) A registered person
must notify a care receiver or his or her representative of any unintended or
unexpected serious incident affecting the care receiver’s health or
well-being and provide reasonable support to the care receiver in relation to
the incident.
7 Respect
and involvement
A registered person must make appropriate and adequate arrangements
to –
(a) ensure that care
receivers are treated with dignity and respect, are afforded privacy and
enabled and supported to be as independent and autonomous as practicable;
(b) enable care receivers
to make or participate in making decisions about their support, care or
treatment; and
(c) enable care receivers
to manage their own care or treatment where this is appropriate.
8 Care
and welfare
(1) A registered person
must ensure that care receivers are protected against the risks of receiving
inappropriate or unsafe care by –
(a) assessing
and keeping under regular review the care receiver’s care, welfare,
treatment and health needs, and, where practicable, doing so with the
assistance of the care receiver or his or her representative;
(b) only
providing care to care receivers if the care that the registered person is able
to provide under the terms of his or her registration is suitable for their
needs and circumstances; and
(c) planning
and delivering care or support and, where appropriate, treatment in such a way
as to –
(i) meet the
particular needs of the care receiver, including where relevant, any
educational needs,
(ii) have
due regard to good practice and in particular any guidance issued by an
appropriate professional body, and
(iii) take
account of any changes in the care receiver’s needs.
(2) A registered person
must have in place procedures to deal with emergencies and mitigate the risks
to care receivers arising from those emergencies.
9 Personal
plans and care records
(1) A registered person
must, in consultation with the care receiver or his or her representative,
prepare a written plan, known as the “personal plan”, setting out
how the care receiver’s health, safety and welfare needs are to be met.
(2) The registered person
must –
(a) give
the care receiver, or if applicable his or her representative, access to the
care receiver’s personal plan; and
(b) review
and where appropriate revise the plan if requested to do so by the care
receiver or his or her representative and whenever there is a significant
change in the care receiver’s health, safety, welfare or support needs.
(3) A registered person
must prepare and maintain a care record that is sufficiently detailed,
contemporaneous and relevant as to ensure that a care receiver’s health,
safety and welfare needs and circumstances are properly documented, and this
record must include –
(a) the
personal plan together with the documentation relating to the assessment of the
care receiver’s needs; and
(b) a
record of the care actually provided or delivered to the care receiver.
(4) The care receiver, or
if applicable his or her representative, may access the care receiver’s
care record.
(5) Personal plans and care
records must be available at all times for inspection so as to enable the
Commission to judge the effectiveness of the assessment, planning, delivery and
evaluation of the care or support offered.
10 Health and safety
A registered person must ensure that adequate arrangements are in
place to protect the health and safety, including fire safety, of care
receivers, workers and, where relevant, visitors to any place where the
regulated activity is provided.
11 Safeguarding
(1) A registered person
must safeguard care receivers from abuse by –
(a) establishing,
maintaining and adhering to a written policy in relation to the safeguarding of
care receivers unless the registered person is an individual directly employed
by, or personally in receipt of any reward from, the care receiver for the care
provided;
(b) taking
reasonable steps to identify risk of abuse and prevent its occurrence;
(c) responding
appropriately to any allegation of abuse;
(d) ensuring
workers have adequate training in safeguarding;
(e) adhering
to any guidance and policy endorsed by the Commission in respect of
safeguarding;
(f) participating
where required in any safeguarding investigations, including multi-agency
safeguarding investigations;
(g) taking
immediate action to prevent any worker who has harmed or poses a risk of harm to
a care receiver from having contact with that or any other care receiver; and
(h) taking
all reasonable steps to avoid having as a worker any person on the barred list or
who has received a caution or conviction for an offence against a care receiver
in Jersey, or in any other jurisdiction if the conduct would be an offence in
Jersey had it taken place in Jersey.
(2) A registered person
must share information with other registered persons, regulatory bodies and law
enforcement agencies where to do so would assist in safeguarding care receivers
from harm.
12 Cleanliness and
infection control
(1) Where premises are
provided as part of the regulated activity the registered person
must –
(a) maintain
the premises clean and free from offensive odours;
(b) maintain
appropriate standards of cleanliness and hygiene in relation to the premises,
furnishings, sundries and equipment;
(c) make
appropriate arrangements for the regular laundering of linen and clothing.
(2) A registered person
must protect care receivers, workers and other persons from exposure to health
care associated infections by –
(a) having
in place systems to assess the risk of, and detect and control the spread of
infection, including having suitable arrangements for the handling and disposal
of general and clinical waste;
(b) where
necessary providing appropriate treatment and care for persons affected by a
health care associated infection; and
(c) ensuring
that workers are trained and provided with sufficient and appropriate personal
protective equipment.
13 Nutrition and
hydration
Where food and drink are provided as part of the regulated activity
the registered person must provide –
(a) sufficient quantities
of food and drink to meet care receivers’ needs;
(b) food that is nutritious
and suitable for the needs of the person consuming it, including the
person’s cultural or religious dietary requirements;
(c) a variety and choice of
food that is properly prepared and presented;
(d) support to enable care
receivers to eat and drink sufficient amounts for their needs.
14 Management of
medicines
(1) A registered person
must ensure that care receivers are supported so as to enable them, so far as
it is practicable and safe to do so, to manage their own medication.
(2) A registered person
must protect care receivers from the unsafe use and management of medicines,
including by making appropriate arrangements for the safe handling, ordering,
storage, security, administration, recording and disposal of medicines.
(3) The registered person
must ensure that any worker involved in the dispensing and management of
medicines has appropriate training.
15 Shared
responsibilities
(1) A registered person
must make arrangements where necessary for care receivers to receive any
necessary care, including health care and personal care.
(2) Where responsibility
for that care is shared with or transferred to any other person or agency, a
registered person must work collaboratively with that other person or agency so
as to ensure the health, safety and welfare of the care receiver.
(3) For the purposes of
paragraph (2) a registered person must request and share information
relating to the care receiver with the other person or agency so as to ensure
as far as practicable, the registered person receives sufficient information from
that other person or agency about the care receiver.
16 Control and
restraint
(1) A registered person may
control or restrain a care receiver only where it is lawful, not excessive and
in the best interests of the care receiver to do so.
(2) A registered person
must prepare and implement a policy ensuring that there are proper arrangements
in place so that any use of control or restraint complies with paragraph (1).
(3) A registered person
must maintain a record of the date and circumstances of use of control or
restraint on a care receiver and must notify the Commission immediately if the
action taken does not comply with paragraph (1).
17 Workers
(1) A registered person
must ensure that every worker in the regulated activity is a fit person to work
there, and a person is a fit person if he or she is –
(a) suitably
qualified, skilled, competent and experienced for the duties to which he or she
is assigned;
(b) mentally
and physically fit for those duties; and
(c) does
not fall within paragraph (2) and is otherwise of integrity and good
character.
(2) A person is not a fit
person if the person –
(a) has
been sentenced to a term of imprisonment (whether immediate or suspended and
wherever imposed, provided that it was imposed for conduct that would be an
offence in any part of the British Islands), without the option of paying a
fine, for an offence that makes the person unsuitable to work in that regulated
activity;
(b) appears
on the barred list or has been convicted of an offence against a care receiver
in Jersey or in any other jurisdiction if the conduct would be an offence in
Jersey had it taken place in Jersey.
(3) When determining the
qualifications, skills and number of persons required to work in the regulated
activity, the registered person must take into consideration –
(a) the
size and nature of the regulated activity;
(b) the
statement of aims, objectives and purposes of the regulated activity; and
(c) the
needs of the care receivers.
(4) The registered person
must –
(a) ensure
that at all times suitably qualified, skilled, competent and experienced people
are working in the regulated activity in such numbers as are appropriate and
sufficient to meet the needs and ensure the health, welfare and safety of care
receivers;
(b) ensure
that the employment of any person on a temporary basis will not prevent care
receivers from receiving such continuity of care as is reasonable to meet their
needs;
(c) ensure
that workers receive appropriate training, professional development,
supervision and appraisal to enable them to provide care and treatment to care
receivers to a safe and appropriate standard;
(d) provide
assistance and support to workers, including, where appropriate, time off work
to obtain relevant qualifications and training;
(e) where
relevant, support workers to maintain their registration with an appropriate
regulatory or occupational body and, when required, provide that body with
evidence of the worker’s fitness to practise;
(f) have
in place a disciplinary procedure that enables the registered person to take
appropriate action with respect to workers where necessary to protect the
safety or welfare of care receivers; and
(g) have
in place a policy that enables workers to report concerns about the provision
of the regulated activity to a senior manager or the Commission and afford such
workers adequate protection from being disadvantaged as a result of making a
report in compliance with the policy.
(5) The registered person
must have in place and adhere to a recruitment policy, undertake such criminal
records checks for workers as are appropriate for each worker’s role and
obtain and keep such information as would enable so far as practicable for the
requirements of this Regulation to be met.
(6) The registered person
must maintain a record for each worker that includes the information mentioned
in paragraph (5).
17A Modification
of application of Regulation 17 due to outbreak of Covid-19[9]
(1) Paragraph (2)
applies if –
(a) a
registered person has put in place a plan to mitigate the effects of a shortage
of persons who are suitably qualified, skilled, competent and experienced for
the duties to which they are assigned as a direct or indirect result of an
outbreak of Covid-19 in Jersey or its aftermath; and
(b) the
registered person has reasonable grounds for declaring to the Commission that,
due to that outbreak, the registered person is nevertheless still unable to
comply with any relevant requirement.
(2) Where this paragraph
applies, any relevant requirements that the registered person is unable to
comply with do not apply to the registered person for a period of one month.
(3) Paragraph (2) also
applies if at the end of that or any subsequent one-month period, the
registered person again satisfies the conditions set out in paragraph (1).
(4) In this Regulation
“relevant requirements” means the requirements set out in
Regulation 17(1)(a), (3) and (4).
(5) Nothing in this
Regulation applies to a registered person to the extent that the regulated
activity concerned includes provision of care to a child.
(6) During the period
between the commencement of the Covid-19 (Amendments – Extension and
Suspension) (Jersey) Regulations 2021 and the expiry of this Regulation under Regulation 34A,
paragraphs (1) to (5) do not have effect unless there is in force an Order
under paragraph (7).[10]
(7) The Minister may by
Order re-instate the effect of paragraphs (1) to (5).[11]
(8) Before making an Order
under paragraph (7) the Minister must –
(a) consult
the Council of Ministers;
(b) obtain
the consent of the Minister for Health and Social Services; and
(c) be
satisfied that it is necessary and proportionate, having regard to the
foreseeable risk of the spread of Covid‑19 in Jersey, to make the Order.[12]
(9) Before giving consent
under paragraph (8)(b) the Minister for Health and Social Services must
consult the Medical Officer of Health.[13]
(10) Nothing in an Order under
paragraph (7) is to be treated as derogating from Regulation 34A.[14]
18 Premises and
equipment
(1) Where the regulated
activity involves the provision of premises or equipment the registered
provider must ensure they –
(a) are
fit for purpose;
(b) are
safe and suitable for the regulated activity;
(c) achieve
the aims and objectives set out in the Statement of Purpose; and
(d) in
the case of premises, meet the requirements of paragraph (2).
(2) The premises
must –
(a) be
located and be of such a design and layout as to meet the number and needs of
care receivers;
(b) be
designed to maximise and facilitate the privacy, dignity and independence of
care receivers;
(c) be of
sound construction and kept in a good state of repair externally and
internally;
(d) have
adequate heating, lighting and ventilation; and
(e) be
decorated and maintained to a standard appropriate for the regulated activity.
(3) Without limiting the
generality of paragraph (1), a registered provider must –
(a) ensure
that the premises are furnished and equipped to a standard that is appropriate
to the needs for the care receiver and in accordance his or her personal plan;
(b) where
appropriate, provide adequate facilities, equipment, crockery, cutlery and
utensils for care receivers to store and prepare their own food and ensure that
these facilities are fit for use by care receivers;
(c) provide
and maintain sufficient and suitable clinical, nursing or other equipment for
the benefit of care receivers as is necessary to meet their health and personal
needs;
(d) where
appropriate provide adequate and suitable facilities for care receivers to
wash, dry and iron their own clothes if they wish;
(e) ensure
that there are provided at appropriate places sufficient numbers of WCs and
wash basins, and baths and showers fitted with a hot and cold water supply;
(f) ensure
that care receivers have access to a telephone on which to make and receive
calls in private along with suitable access to other forms of communication
technology;
(g) take
adequate precautions against the risk of fire, including the provision of
suitable fire safety equipment; and
(h) provide
an adequate and safe means of escape from the premises in cases of emergency.
19 Reviewing quality
of service
(1) A registered person
other than an individual directly employed by, or personally in receipt of any
reward from, the care receiver for the care provided, must establish a system for
regular review and, if necessary, for improvement of the quality of care
provided.
(2) In undertaking the
review the registered person must –
(a) consult
care receivers or their representatives, workers for the regulated activity and
health and other professionals who serve the needs of care receivers; and
(b) take
into account the outcome of any complaint or other investigation into the
conduct of the regulated activity.
(3) A registered person
must publish a report on any review carried out under this Regulation and
ensure that it is made available to care receivers, their representatives, the
Commission and any other person who requests it.
(4) Where the registered
provider –
(a) is
not the registered manager; and
(b) is
not a registered person to whom Regulation 32 applies,
the registered provider must arrange for a representative to report
monthly on the quality of the care provided and compliance with the
registration requirements under the Law and these Regulations.
(5) Reports compiled under
paragraph (4) must be provided to the registered person and be available
for inspection by the Commission.
part 4
general requirements
20 Provision of
updated information and review of Statement of Purpose
(1) A registered person
must inform the Commission of any changes to the information supplied when the
person applied to be registered or to that information as subsequently updated
by virtue of this Regulation.
(2) The information
provided under paragraph (1) may be provided to the Commission by way of
an annual return and where there has been no such change the registered person
must submit a return so advising the Commission.
(3) A registered provider
must keep the Statement of Purpose under review and revise it where appropriate
to do so.
(4) Where the Statement of
Purpose has been revised, the registered provider must notify the Commission of
the revision within 28 days.
21 Notification of
incidents, accidents and other events
A registered person must notify the Commission of such incidents,
accidents or other events that have posed or may pose a risk of harm to care
receivers as the Commission may specify in such manner as the Commission may
specify.
22 Complaints
(1) A registered person
must have in place effective procedures for identifying, receiving, handling
and responding appropriately to complaints and comments.
(2) The procedures must
include the keeping of adequate records of the nature of any complaint, the
investigation and the outcome.
(3) The registered person
must inform the complainant of the outcome of his or her complaint and, where
appropriate, any action taken as a consequence of it and must make this
information available to the Commission on request.
23 Service records
(1) A registered person
must establish and maintain such records applicable to the regulated activity (“service
records”) to evidence compliance with the requirements of these
Regulations and any other applicable statutory requirements.
(2) The service records
must be kept in a secure place and be available for inspection by the
Commission at any time.
(3) Service records must be
kept for at least 5 years –
(a) if
the record relates to a care receiver, from when the care receiver was last
provided care by the registered person;
(b) if
the record relates to a worker, from when the worker last worked for the
registered person;
(c) in
any other case, from the last entry made in the record.
24 Financial
viability
(1) A registered provider
must carry on the regulated activity in such a way to ensure that it is
financially viable and able to meet the aims and objectives set out in any
Statement of Purpose and the requirements of the Law and these Regulations.
(2) A registered provider
must in particular –
(a) maintain
detailed accounts and provide certificated copies of them to the Commission
every year; and
(b) demonstrate
to the Commission that the regulated activity has adequate insurance cover.
(3) The registered provider
must notify the Commission of any substantial and imminent risk to the
viability of the regulated activity and provide such relevant information as
the Commission may require.
(4) This Regulation does
not apply to a regulated activity operated by a Department of the States or by
a registered person who is an individual directly employed by, or personally in
receipt of any reward from, the care receiver for the care provided.
25 Charges
(1) A registered person
must publish its scale of charges for the regulated activity, including any
additional charges not covered by the scale.
(2) Paragraph (1) does
not apply to a regulated activity operated by a registered person who is an
individual directly employed by, or personally in receipt of any reward from,
the care receiver for the care provided.
(3) However, that
individual must when requested to do so by the Commission provide the
Commission with information about the charges made to care receivers.
26 Commissioned
services
(1) Where care services are
commissioned by the States, an administration of the States or other public
agency the registered person must ensure that the contractual arrangement with
the commissioning body includes a detailed specification of the requirements of
that service.
(2) In particular the
contract must set out how the registered person can raise concerns about any
deficits in care or risks to care receivers –
(a) that
relate to an insufficiency in the amount or type of care provided or an
inability to meet the terms of the contract to deliver the personal plan; and
(b) in
the case of a home care service, that relate to the environment, lack of
equipment or other limitations.
(3) Where the registered
person becomes aware of any of the concerns mentioned in paragraph (2) the
registered person must notify them to the Commission as well as to the
commissioning body.
27 Absence of
manager
(1) For a regulated
activity to continue to be carried on lawfully during the absence of the
registered manager, the registered person must notify the Commission in writing
whenever the registered manager intends to be absent from the regulated
activity for a continuous period of 28 days or more.
(2) The notice must be
given not later than 30 days before the start of the intended absence and
must give details of –
(a) the
length or expected length of the absence;
(b) the
reason for the absence;
(c) the
arrangements that have been made for running the regulated activity during that
absence; and
(d) the
name, address and qualifications of the person who will be responsible for the
regulated activity during the absence.
(3) However, if the absence
arises unexpectedly notice giving the details required by paragraph (2)
may be provided to the Commission within a week of the start of the absence.
(4) Where a registered
manager has left or intends to leave the regulated activity the registered
provider must inform the Commission within a week of the manager’s
departure of –
(a) the
arrangements that have been made for the running of the regulated activity
until a replacement registered manager is appointed;
(b) the
name, address and qualifications of the person who will be responsible for the
regulated activity until a replacement registered manager is appointed;
(c) the
arrangements that have been made to appoint a new registered manager; and
(d) the
proposed date by which the appointment is expected to have been made.
(5) Where the regulated
activity consists of home care provided by a registered person who is an
individual directly employed by, or personally in receipt of any reward from,
the care receiver for the care provided, that registered person must inform the
Commission of his or her planned or unplanned absence and the arrangements that
have been put in place to ensure that the care receiver’s needs continue
to be met during the absence.
(6) If a registered manager
is intended to be absent for more than 12 weeks the Commission may require
the registered provider to have another registered manager covering the role
until the first registered manager returns or is replaced on a permanent basis.
Part 5
children’s homes and support services
28 Education,
employment and leisure activity
(1) Where the regulated
activity consists of a children’s home, or a child is provided with home
care and is not living with his or her parent, the registered person must
ensure that proper provision is made for the education and leisure of any child
who is a care receiver.
(2) In particular, the
registered person must promote the child’s educational attainment
by –
(a) ensuring
access to, and making use of, appropriate educational facilities;
(b) making
provision and opportunities for private independent study;
(c) maintaining
effective links with schools;
(d) facilitating
and encouraging leisure interest and activities; and
(e) where
a child is over compulsory school age, assisting and supporting the child with
further education, training or employment.
29 Behaviour
management, discipline and restraint
(1) A registered person
must ensure that no child who is a care receiver is subject to any of the
following as a disciplinary measure –
(a) any
form of corporal punishment;
(b) any
deprivation of food or drink;
(c) any
restriction on contact with, or visits to, or from friends, parents or other
relatives other than in accordance with a court order;
(d) any
restriction on contact with or visits to or from his or her solicitor,
appointed guardian, assigned social worker, independent person, inspector
authorized by the Commission or any other authorized or appointed person,
whether or not the person’s authority derives from any enactment.[15]
(2) The registered person
must prepare, implement, review and where necessary revise a behavioural
management policy that includes the management of unexplained absence and
absconding.
30 Appointment of
independent persons
(1) A registered provider
must appoint, at the registered provider’s expense, a person (the
“independent person”) to visit and report on any regulated activity
that the registered provider carries on that is a children’s home.
(2) If the registered
provider carries on more than one children’s home, the registered
provider may appoint the same person as the independent person for all or any
of those homes.
(3) Subject to paragraphs (4)
and (5), the registered provider may not appoint the following as an
independent person –
(a) if
the registered provider is a Department or agency of the States, a person who
is employed by that Department or agency in connection with the carrying on of
its social services functions relating to children;
(b) if
the registered provider is not a Department or agency of the States, a person
who has a financial interest in the registered provider or receives any payment
from the registered provider in connection with the provision of services to
the registered provider (other than for services as an independent person);
(c) a
person involved in preparing the personal plan of any child placed at the care
home, or a person responsible for managing or supervising that person;
(d) a
person responsible for commissioning or financing services provided by the
home;
(e) a
person with a financial interest in the home; or
(f) a
person who has, or has had, a connection with –
(i) the registered
person,
(ii) a
person working at the home, or
(iii) a
child,
which the registered provider considers to give rise to doubts about
that person’s impartiality (for the purposes of producing the independent
person’s report under Regulation 31(4)).
(4) A worker for the
registered provider is not, by reason only of that employment, disqualified
under paragraph (3)(a), (b) or (f) for appointment as an independent
person if the worker is employed solely to examine and scrutinise
critically –
(a) the
way that a home is carried on or managed; and
(b) the
quality of care provided for children.
(5) If the registered
provider is a Department or agency of the States, a person appointed by that
Department or agency as an independent reviewing officer is not, by reason only
of that appointment, disqualified under paragraph (3)(a), (c) or (f) for
appointment as an independent person in relation to a children’s home
carried on by that Department or agency.
(6) The independent person
must declare any actual or potential conflict of interest (whether of the type
mentioned in paragraph (3) or otherwise) to the registered provider
without delay and, if reasonably practicable, before conducting a visit to the
home under Regulation 31.
(7) If the registered
provider becomes aware of a potential conflict of interest in relation to the
independent person before or during the independent person visiting the home
under Regulation 31, the registered provider must –
(a) make
arrangements to cancel the visit without delay; and
(b) appoint
a different independent person to visit the home.
31 Independent
person: visits and reports
(1) The registered person
must ensure that an independent person visits the children’s home at
least once each month.
(2) When the independent
person is carrying out a visit, the registered person must help the independent
person –
(a) to
interview in private such of the children, their parents, relatives and persons
working at the home as the independent person requires, provided that the
interviewee consents to the interview; and
(b) to
inspect the premises of the home and such of the home’s records (except
for a child’s case records, unless the child and the Minister consent) as
the independent person requires.
(3) A visit by the
independent person to the home may be unannounced.
(4) The independent person
must produce a report about a visit (the “independent person’s
report”) which sets out, in particular, the independent person’s
opinion as to whether –
(a) children
are effectively safeguarded; and
(b) the
conduct of the home promotes the children’s well-being.
(5) The independent
person’s report may recommend actions that the registered person may take
in relation to the home and timescales within which the registered person must
consider whether or not to take those actions.
(6) If the independent
person becomes aware of a potential conflict of interest (whether under
Regulation 30(3) or otherwise) after a visit to the home, the independent
person must include in the independent person’s report –
(a) details
of the conflict of interest; and
(b) the
reasons why the independent person did not notify the registered provider of
the conflict of interest before the visit.
(7) The independent person
must provide a copy of the independent person’s report to the Commission,
the Minister, the registered provider and, if applicable, the registered
manager.
(8) In this Regulation
“Minister” means the Minister for Health and Social Services.
part 6
miscellaneous
32 Requirement for Commission to
carry out certain inspections
(1) The Commission must
carry out inspections at least once every 12 months of regulated
activities for one or more of the following purposes –
(a) to
monitor compliance with the Law and these Regulations;
(b) to
review and evaluate the effectiveness of the regulated activity against its
published standards; and
(c) to
encourage improvement in the provision of the regulated activity.
(2) However this Regulation
does not apply in the case of a regulated activity carried on by a registered
person who is an individual directly employed by, or personally in receipt of
any reward from, the care receiver for the care provided.
(3) Paragraph (4) applies
where the Commission believes that there are serious risks to care receivers
due to a lack of suitably qualified workers resulting directly or indirectly
from an outbreak of Covid‑19 in Jersey or its aftermath.[16]
(4) Where this paragraph
applies the Commission must as soon as reasonably practicable report its
concerns about the standard or quality of care being provided, to the Minister
and to the Minister for Health and Social Services and make written
recommendations as to the steps that should be taken to address the serious
risks to care receivers.[17]
(5) The Commission must
publish the recommendations and the fact that it has reported its concerns to
the Ministers.[18]
32A [19]
33 Compliance with
Regulations
Unless these Regulations provide otherwise, every requirement of
these Regulations applies to all registered persons irrespective of there being
more than one such person for the regulated activity concerned.
34 Offences and
improvement notices
(1) A person
who –
(a) contravenes
these Regulations; and
(b) fails
to comply with an improvement notice within the time period specified in the
notice for compliance with it,
commits an offence.
(2) An improvement notice
is a notice –
(a) informing
the registered person that these Regulations have been contravened;
(b) specifying
the time frame within which remedial action must be taken; and
(c) explaining
the consequences of a failure to take that remedial action.
(3) A person who
contravenes these Regulations where, as a result of the contravention, a care receiver
has suffered, or was at significant risk of suffering, serious harm commits an
offence.
(4) Where the Commission
has served an improvement notice under this Regulation it must publish the
fact.
(5) A person who commits an
offence under this Regulation is liable to a fine of £50,000.
34A Expiry of
Regulations 3A, 17A and 32(3) to (5)[20]
Regulations 3A, 17A and 32(3) to (5) expire at the end of 30th
April 2022.
35 Citation
These Regulations may be cited as the Regulation of Care (Standards
and Requirements) (Jersey) Regulations 2018.