2019 No. 762 (W. 145)
The Regulated Adoption Services (Service Providers and Responsible Individuals) (Wales) Regulations 2019
Made
Coming into force
The Welsh Ministers make the following Regulations in exercise of the powers conferred by sections 2(3), 21(5), 27, 28, 30, 31, 45, 46 and 187(1) of the Regulation and Inspection of Social Care (Wales) Act 2016 F1 (“the Act”).
The Welsh Ministers have consulted such persons as they think appropriate, as required by sections 27(4)(a) and 28(4) of the Act and published a statement about the consultation as required by section 27(4)(b) of that Act. The Welsh Ministers have laid the statement before the National Assembly for Wales as required by section 27(5) of that Act.
A draft of these Regulations was laid before the National Assembly for Wales under section 187(2)(b), (f), (g), (j) and (k) of the Act and has been approved by a resolution of the National Assembly for Wales.
PART 1General
Title and commencementI51
1
The title of these Regulations is the Regulated Adoption Services (Service Providers and Responsible Individuals) (Wales) Regulations 2019.
2
These Regulations come into force on 29 April 2019.
InterpretationI62
1
In these Regulations—
-
“the Act” (“y Ddeddf”) means the Regulation and Inspection of Social Care (Wales) Act 2016;
-
“the 2002 Act” (“Deddf 2002”) means the Adoption and Children Act 2002 F2;
-
“adoption agency” (“asiantaeth fabwysiadu”) means an adoption society or a local authority adoption service;
-
“adoption society” (“cymdeithas fabwysiadu”) has the meaning given in section 2(5) of the 2002 Act, which is a voluntary organisation within the meaning of that Act;
-
“adoption support agency” (“asiantaeth cymorth mabwysiadu”) has the meaning given in section 8 of the 2002 Act;
-
“adoption support plan” (“cynllun cymorth mabwysiadu”) means the plan which sets out the adoption support services the local authority has decided to provide for the child and the adoptive family, how these will be provided and by whom (if applicable);
-
“adoption support services” (“gwasanaethau cymorth mabwysiadu”) has the meaning given in section 2(6) of the 2002 Act and regulation 3 of the Adoption Support Services (Wales) Regulations 2019 F3;
-
“adoptive child” (“plentyn mabwysiadol”) has the meaning given in regulation 2 of the Adoption Support Services (Wales) Regulations 2019;
-
“adoptive parent” (“rhiant mabwysiadol”) has the meaning given in regulation 2 of the Adoption Support Services (Wales) Regulations 2019;
-
“approved by the service” (“a gymeradwywyd gan y gwasanaeth”) means approved by the service as suitable to be an adoptive parent in accordance with the Adoption Agencies (Wales) Regulations 2005 F4;
-
“care and support plan” (“cynllun gofal a chymorth”) means a plan for the child made under section 54 or section 83 of the 2014 Act F5;
-
“child” (“plentyn”) means a person who is aged under 18;
-
“clinical commissioning group” (“grwp comisiynu clinigol”) means a body established under section 14D of the National Health Service Act 2006 F6;
-
“DBS certificate” (“tystysgrif GDG”) means a certificate of a type referred to in paragraph 2 or 3 of Schedule 1;
-
“the Disclosure and Barring Service” (“y Gwasanaeth Datgelu a Gwahardd”) and “DBS” (“GDG”) mean the body formed by section 87(1) of the Protection of Freedoms Act 2012 F7;
-
“employee” (“cyflogai”) has the same meaning as in section 230(1) of the Employment Rights Act 1996 F8;
-
“guardian” (“gwarcheidwad”) has the meaning given to it in section 5 of the Children Act 1989 F9;
-
“individual” (“unigolyn”) means, unless the context indicates otherwise—
- a
in the case of an adoption society in the course of arranging an adoption or after an adoption has been arranged—
- i
a child who may be adopted, their parent or guardian;
- ii
a person wishing to adopt a child, or
- iii
an adopted person, their parent, birth parent or former guardian,
who is receiving support of the type which an adoption society is required to provide in accordance with the Adoption Agencies (Wales) Regulations 2005 or the Access to Information (Post-Commencement Adoptions) (Wales) Regulations 2005 F10;
- i
- b
in the case of an adoption support agency, or an adoption society in the course of providing adoption support services, any person who is receiving adoption support services;
- a
-
“local authority adoption service” (“gwasanaeth mabwysiadu awdurdod lleol”) has the meaning given in regulation 2(1) of the Local Authority Adoption Services (Wales) Regulations 2019 F11;
-
“local authority in England” (“awdurdod lleol yn Lloegr”) means—
- a
a county council in England,
- b
a district council for an area in England for which there is no county council,
- c
a London borough council, or
- d
the Common Council of the City of London;
- a
-
“the National Health Service Commissioning Board” (“Bwrdd Comisiynu'r Gwasanaeth Iechyd Gwladol”) means the body established under section 1H of the National Health Service Act 2006;
-
“placement plan” (“cynllun lleoliad”) has the meaning given in regulation 36(2) of the Adoption Agencies (Wales) Regulations 2005;
-
“reasonable adjustments” (“addasiadau rhesymol”) means such reasonable adjustments as would be required under the Equality Act 2010 F12;
-
“regulated adoption service” (“gwasanaeth mabwysiadu rheoleiddiedig”) means an adoption service which is regulated under the Act;
-
“related person” (“person perthynol”) has the meaning given in regulation 2 of the Adoption Support Services (Wales) Regulations 2019;
-
“representative” (“cynrychiolydd”) means any person having legal authority, or the consent of the individual, to act on the individual's behalf;
-
“the service” (“y gwasanaeth”), unless otherwise indicated, means an adoption service F13 which is provided in relation to a specified area;
-
“service provider” (“darparwr gwasanaeth”) means an adoption service provider who is registered under section 7 of the Act;
-
“the service regulator” (“y rheoleiddiwr gwasanaethau”) means the Welsh Ministers in the exercise of their regulatory functions F14;
-
“specified area” (“ardal benodedig”) means an area specified in a condition to the service provider's registration as a place in relation to which the service is to be provided;
-
“staff” (“staff”) includes—
- a
persons employed by the service provider to work at the service as an employee or a worker, and
- b
persons engaged by the service provider under a contract for services,
but does not include persons who are allowed to work as volunteers;
- a
-
“the statement of purpose” (“y datganiad o ddiben”) means the document containing the information which must be provided in accordance with regulation 3(c) of and Schedule 2 to the Regulated Services (Registration) (Wales) Regulations 2017 F15 for the place in relation to which the service is to be provided F16;
-
“worker” (“gweithiwr”) has the same meaning as in section 230(3) of the Employment Rights Act 1996.
2
In these Regulations, where used in relation to the support provided to an “individual” as defined in this regulation, “support” includes—
a
the support which an adoption society is required to provide to individuals in the course of arranging an adoption, or after an adoption has been arranged, in accordance with the Adoption Agencies (Wales) Regulations 2005 or the Access to Information (Post-Commencement Adoptions) (Wales) Regulations 2005, or
b
the adoption support services which may be provided by an adoption society or adoption support agency.
PART 2Exceptions
ExceptionsI23
1
The following services are not to be treated as an adoption service, despite paragraph 4 of Schedule 1 to the Act (regulated services: definitions, adoption service)—
a
the provision of a service in relation to adoption by a person, in the course of a legal activity (within the meaning of the Legal Services Act 2007 F17), who is—
i
an authorised person for the purposes of that Act, or
ii
a European lawyer (within the meaning of the European Communities (Services of Lawyers) Order 1978 F18);
b
the provision of services to enable groups of adoptive children, adoptive parents and birth parents or former guardians of an adoptive child to discuss matters relating to adoption;
c
the provision of respite care to an adoptive child or an adoptive parent by a care home service or domiciliary support service in respect of which a person is registered under chapter 2 of Part 1 of the Act;
d
the provision of respite care in relation to an adoptive child consisting of child minding or day care within the meaning in Part 2 of the Children and Families (Wales) Measure 2010 F19 and in respect of which a person is registered for child minding or day care under that Part of that Measure;
e
the provision of adoption support services by a person who provides those services—
i
otherwise than in partnership with others, and
ii
under a contract for services with—
aa
a regulated adoption service, or
bb
a local authority adoption service.
2
In paragraph (1)(e), a person does not include the plural and is not a corporate body.
PART 3General requirements on service providers
Requirements in relation to the provision of the serviceI74
The service provider must ensure that the service is provided with sufficient care, competence and skill, having regard to the statement of purpose.
Requirements in relation to the statement of purposeI85
1
The service provider must provide the service in accordance with the statement of purpose.
2
The service provider must—
a
keep the statement of purpose under review, and
b
where appropriate, revise the statement of purpose.
3
Unless paragraph (4) applies the service provider must notify the persons listed in paragraph (6) of any revision to be made to the statement of purpose at least 28 days before it is to take effect.
4
This paragraph applies in cases where it is necessary to revise the statement of purpose with immediate effect.
5
If paragraph (4) applies the service provider must without delay notify the persons listed in paragraph (6) of any revision made to the statement of purpose.
6
The persons who must be notified of any revision to the statement of purpose in accordance with paragraph (3) or (5) are—
a
the service regulator,
b
the individuals, and
c
any representatives, unless it is not appropriate to do so or would be inconsistent with the well-being of an individual.
7
The service provider must provide the up to date statement of purpose to any person on request, unless it is not appropriate to do so or would be inconsistent with the well-being of an individual.
Requirements in relation to monitoring and improvementI96
1
The service provider must ensure that there are effective arrangements in place for monitoring, reviewing and improving the quality of the service.
2
Those arrangements must include arrangements for seeking the views of—
a
individuals;
b
any representatives, unless this is not appropriate or would be inconsistent with the individual's well-being;
c
any local authority or local authority in England which has arranged for the provision of adoption support services by the service;
d
staff,
on the quality of the service and how this can be improved.
3
When making any decisions on plans for improvement of the quality of the service, the service provider must—
a
take into account the views of those persons consulted in accordance with paragraph (2), and
b
have regard to the quality of service report prepared by the responsible individual in accordance with regulation 49(4).
Requirements in relation to the responsible individualI107
1
This regulation does not apply to a service provider who is an individual.
2
A service provider to whom this regulation applies must ensure that the person who is designated as the responsible individual—
a
is supported to carry out their duties effectively, and
b
undertakes appropriate training.
3
In the event that the service provider has reason to believe that the responsible individual has not complied with a requirement imposed by the regulations in Parts 11 to 15, the provider must—
a
take such action as is necessary to ensure that the requirement is complied with, and
b
notify the service regulator.
4
During any time when the responsible individual is unable to fulfil their duties, the service provider must ensure that there are arrangements in place for—
a
the effective management of the service,
b
the effective oversight of the service,
c
the compliance of the service with the requirements imposed by the regulations in Parts 3 to 10, and
d
monitoring, reviewing and improving the quality of support provided.
5
If the responsible individual is unable to fulfil their duties for a period of more than 28 days, the service provider must—
a
notify the service regulator, and
b
inform the service regulator of the interim arrangements.
Requirements in relation to the responsible individual where the service provider is an individualI118
1
This regulation applies where the service provider is an individual.
2
If this regulation applies, the individual must undertake appropriate training for the proper discharge of the individual's duties as the responsible individual.
3
During any time when the individual is absent, the individual must ensure that there are arrangements in place for—
a
the effective management of the service,
b
the effective oversight of the service,
c
the compliance of the service with the requirements of the regulations in Parts 3 to 10, and
d
monitoring, reviewing and improving the quality of support provided.
4
If the individual is unable to fulfil their duties as a responsible individual for a period of more than 28 days, the individual must—
a
notify the service regulator, and
b
inform the service regulator of the interim arrangements.
Requirements in relation to the financial sustainability of the serviceI129
1
The service provider must take reasonable steps to ensure that the service is financially sustainable for the purpose of achieving the aims and objectives set out in the statement of purpose.
2
The service provider must maintain appropriate and up to date accounts for the service.
3
The service provider must provide copies of the accounts to the Welsh Ministers within 28 days of being requested to do so.
4
The Welsh Ministers may require accounts to be certified by an accountant.
Requirements to provide the service in accordance with policies and proceduresI1310
1
The service provider must ensure that the following policies and procedures are in place for the service—
a
commencement of the service (see regulation 12);
b
safeguarding (see regulation 20);
c
supporting and developing staff (see regulation 24);
d
staff discipline (see regulation 27);
e
complaints (see regulation 33);
f
whistleblowing (see regulation 34).
2
The service provider must also have such other policies and procedures in place as are reasonably necessary to support the aims and objectives of the service set out in the statement of purpose.
3
The service provider must ensure that the content of the policies and procedures which are required to be in place by virtue of paragraphs (1) and (2) is—
a
appropriate to the needs of individuals for whom support is provided,
b
consistent with the statement of purpose, and
c
kept up to date.
4
The service provider must ensure that the service is provided in accordance with those policies and procedures.
Duty of candourI1411
The service provider must act in an open and transparent way with—
a
individuals;
b
any representatives of those individuals.
PART 4Requirements on service providers as to the steps to be taken before agreeing to provide support
Suitability of the serviceI1512
1
The service provider must not provide support for an individual unless the provider has determined that the service is suitable to meet the individual's need for support.
2
The service provider must have in place a policy and procedures on commencement of the service.
3
The determination under paragraph (1) must take into account—
a
any up to date plan;
b
any health or other relevant assessments;
c
the individual's views, wishes and feelings;
d
any risks to the individual's well-being;
e
any risks to the well-being of other individuals to whom support is provided;
f
the individual's religious persuasion, racial origin, cultural and linguistic background, sexual orientation and gender identity;
g
any reasonable adjustments which the service provider could make to enable the individual's need for support to be met;
h
the service provider's policy and procedures on commencement of the service.
4
In a case where the individual does not have a plan, the service provider must assess the individual's need for support.
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 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.
7
In this regulation “plan” may include—
a
an adoption support plan,
b
a care and support plan, or
c
a placement plan.
PART 5Requirements on service providers as to the information to be provided to individuals on commencement of the provision of support
Information about the serviceI1613
1
The service provider must prepare a written guide to the service.
2
The guide must be—
a
dated, reviewed at least annually and updated as necessary;
b
in an appropriate language, style, presentation and format, having regard to the statement of purpose for the service;
c
given to any individual who is receiving support;
d
made available to others on request, unless this is not appropriate or would be inconsistent with the well-being of an individual.
3
The guide must contain information about—
a
how to raise a concern or make a complaint;
b
the availability of advocacy services;
c
the role and contact details for the Children's Commissioner for Wales.
4
The service provider must ensure that an individual receives such assistance as is necessary to enable the individual to understand the information contained in the guide.
Service agreementI1714
1
The service provider must ensure that every individual who receives support is given a signed copy of any agreement relating to—
a
the support provided to the individual;
b
any other services provided to the individual.
2
The service provider must ensure that the individual receives such assistance as is necessary to enable the individual to understand the information contained in any such agreement.
PART 6Requirements on service providers as to the standards of support to be provided
Standards of support – overarching requirementsI1815
1
The service provider must ensure that support is provided in a way which protects, promotes and maintains the safety and well-being of individuals.
2
The service provider must ensure that support is provided in a way which—
a
maintains good personal and professional relationships with individuals and staff, and
b
encourages and assists staff to maintain good personal and professional relationships with individuals.
InformationI1916
1
The service provider must put arrangements in place to ensure that an individual has the information they need to make or participate in assessments, plans and day to day decisions about the way support is provided to them.
2
Information provided must be available in the appropriate language, style, presentation and format, having regard to—
a
the nature of the service as described in the statement of purpose;
b
the level of the individual's understanding and ability to communicate;
c
in the case of a child, the child's age.
3
The service provider must ensure that the individual receives such assistance as is necessary to enable them to understand the information provided.
Language and communicationI2017
The service provider must take reasonable steps to meet the language and communication needs of an individual.
Respect and sensitivityI2118
1
The service provider must ensure that individuals are treated with respect and sensitivity.
2
This includes, but is not limited to—
a
respecting the individual's privacy and dignity;
b
respecting the individual's rights to confidentiality;
c
promoting the individual's autonomy and independence;
d
having regard to any relevant protected characteristics (as defined in section 4 of the Equality Act 2010) of the individual.
PART 7Requirements on service providers –safeguarding
Safeguarding - overarching requirementI2219
The service provider must provide the service in a way which ensures that individuals are safe and are protected from abuse, neglect and improper treatment.
Safeguarding policies and proceduresI2320
1
The service provider must have policies and procedures in place—
a
for the prevention of abuse, neglect and improper treatment, and
b
for responding to any allegation or evidence of abuse, neglect or improper treatment.
2
In this regulation, such policies and procedures are referred to as safeguarding policies and procedures.
3
The service provider must ensure that their safeguarding policies and procedures are operated effectively.
4
In particular, where there is an allegation or evidence of abuse, neglect or improper treatment, the service provider must—
a
act in accordance with their safeguarding policies and procedures,
b
take immediate action to ensure the safety of all individuals for whom support is provided,
c
make appropriate referrals to other agencies, and
d
keep a record of any evidence or the substance of any allegation, any action taken and any referrals made.
Interpretation of Part 7I2421
In this Part—
-
“abuse” (“camdriniaeth”) means physical, sexual, psychological, emotional or financial abuse and, in relation to a child, any other harm.
-
For the purposes of this definition—
- a
“financial abuse” (“camdriniaeth ariannol”) includes—
- i
having money or other property stolen;
- ii
being defrauded;
- iii
being put under pressure in relation to money or other property;
- iv
having money or other property misused;
- i
- b
“harm” (“niwed”) has the same meaning as in section 197(1) of the 2014 Act;
- a
-
“improper treatment” (“triniaeth amhriodol”) includes discrimination or unlawful restraint, including inappropriate deprivation of liberty under the terms of the Mental Capacity Act 2005 F20;
-
“neglect” (“esgeulustod”) has the same meaning as in section 197(1) of the 2014 Act.
PART 8Requirements on service providers as to staffing
Staffing - overarching requirementsI2522
1
The service provider must ensure that at all times a sufficient number of suitably qualified, trained, skilled, competent and experienced staff are deployed to work at the service, having regard to—
a
the statement of purpose for the service,
b
the individuals' need for support,
c
assisting individuals to meet their need for support,
d
the need to safeguard and promote the health and welfare of children, and
e
the requirements of these Regulations.
2
The service provider must ensure that suitable arrangements are made for the support and development of staff.
Fitness of staffI2623
1
The service provider must not—
a
employ a person under a contract of employment to work at the service unless that person is fit do so;
b
allow a volunteer to work at the service unless that person is fit to do so;
c
allow any other person to work at the service in a position in which that person may, in the course of duties, have regular contact with individuals who are receiving support or with other persons who are vulnerable unless that person is fit to do so.
2
For the purposes of paragraph (1), a person is not fit to work at the service unless—
a
the person is of suitable integrity and good character;
b
the person has the qualifications, skills, competence and experience necessary for the work that person is to perform;
c
the person is able by reason of their health, after reasonable adjustments are made, to properly perform the tasks which are intrinsic to the work for which that person is employed or engaged;
d
the person has provided full and satisfactory information or documentation, as the case may be, in respect of each of the matters specified in Part 1 of Schedule 1 and this information or documentation is available at the service for inspection by the service regulator;
3
An appropriate DBS certificate must be applied for by, or on behalf of the service provider, for the purpose of assessing the suitability of a person for the post referred to in paragraph (1). But this requirement does not apply if the person working at the service is registered with the Disclosure and Barring Service update service (referred to in this regulation as “the DBS update service”).
4
Where a person being considered for a post referred to in paragraph (1) is registered with the DBS update service, the service provider must check the person's DBS certificate status for the purpose of assessing the suitability of that person for that post.
5
Where a person appointed to a post referred to in paragraph (1) is registered with the DBS update service, the service provider must check the person's DBS certificate status at least annually.
6
Where a person appointed to a post referred to in paragraph (1) is not registered with the DBS update service, the service provider must apply for a new DBS certificate in respect of that person within three years of the issue of the certificate applied for in accordance with paragraph (3) and thereafter further such applications must be made at least every three years.
7
If any person working at the service is no longer fit to work at the service as a result of one or more of the requirements in paragraph (2) not being met, the service provider must—
a
take necessary and proportionate action to ensure that the relevant requirements are complied with;
b
where appropriate, inform—
i
the relevant regulatory or professional body;
ii
the Disclosure and Barring Service.
Supporting and developing staffI2724
1
The service provider must have a policy in place for the support and development of staff.
2
The service provider must ensure that any person working at the service (including a person allowed to work as a volunteer)—
a
receives an induction appropriate to their role;
b
is made aware of their own responsibilities and those of other staff;
c
receives appropriate supervision and appraisal;
d
receives core training appropriate to the work to be performed by them;
e
receives specialist training as appropriate;
f
receives support and assistance to obtain such further training as is appropriate to the work they perform.
3
The service provider must ensure that any person employed to work at the service as a manager is supported to maintain their registration with SCW.
Compliance with code of practiceI2825
The service provider must adhere to the code of practice on the standards of conduct and practice expected of persons employing or seeking to employ social care workers, which is required to be published by SCW under section 112(1)(b) of the Act.
Information for staffI2926
1
The service provider must ensure that all persons working at the service (including any person allowed to work as a volunteer) are provided with information about the service and the way it is provided.
2
The service provider must ensure that there are arrangements in place to make staff aware of any codes of practice about the standards of conduct expected of social care workers, which are required to be published by SCW under section 112(1)(a) of the Act.
Disciplinary proceduresI3027
1
The service provider must put in place and operate a disciplinary procedure.
2
The disciplinary procedure must include—
a
provision for the suspension, and the taking of action short of suspension, of an employee, in the interests of the safety or well-being of individuals;
b
provision that a failure on the part of an employee to report an incident of abuse, or suspected abuse, to an appropriate person, is grounds on which disciplinary proceedings may be instituted.
3
For the purpose of paragraph (2)(b), an appropriate person is—
a
the service provider,
b
the responsible individual,
c
an officer of the service regulator,
d
an officer of the local authority for the area where the service is provided,
e
in the case of an incident of abuse or suspected abuse of a child, an officer of the National Society for the Prevention of Cruelty to Children, or
f
a police officer,
as the case may be.
PART 9Requirements on service providers as to premises
Overarching requirementI3128
The service provider must ensure that the premises are suitable for the service, having regard to the statement of purpose for the service.
Adequacy of premisesI3229
The service provider must ensure that the premises used for the operation of the service have adequate facilities for—
a
the supervision of staff;
b
the secure storage of records.
PART 10Other requirements on service providers
RecordsI3330
1
The service provider must keep and maintain the records specified in Schedule 2.
2
The service provider must—
a
ensure that records specified in Schedule 2 are accurate and up to date;
b
keep the records securely;
c
make suitable arrangements for the records to continue to be kept securely in the event the service closes;
d
make the records available to the service regulator on request;
e
where an adoption order has been made in relation to a child, retain records relating to the child and the child's adopter for at least 100 years from the date of the adoption order;
f
where adoption support services are provided to an individual, retain records relating to the individual for at least 100 years from the date of the last entry;
g
in a case which does not fall within sub-paragraph (e) or (f) retain—
i
records relating to adults for 3 years from the date of the last entry:
ii
records relating to children for 15 years from the date of the last entry;
h
ensure that individuals who use the service—
i
can have access to their records, and
ii
are made aware they can access their records.
NotificationsI3431
1
The service provider must notify the service regulator of the events specified in Part 1 of Schedule 3.
2
In the case of a service provided by an adoption society, the service provider must notify—
a
the Local Health Board, or clinical commissioning group and the National Health Service Commissioning Board, of the events specified in Part 2 of Schedule 3;
b
the placing agency of the event specified in Part 4 of Schedule 3;
c
the area authority of the events specified in Part 5 of Schedule 3;
d
the placing authority of the events specified in Part 6 of Schedule 3;
e
the police of the event specified in Part 9 of Schedule 3.
3
In the case of a service provided by an adoption support agency or an adoption society which provides adoption support services the service provider must notify—
a
the Local Health Board, or clinical commissioning group and the National Health Service Commissioning Board, of the event specified in Part 3 of Schedule 3;
b
the placing authority of the events specified in Part 7 of Schedule 3;
c
the relevant authority of the event specified in Part 8 of Schedule 3;
d
the police of the event specified in Part 9 of Schedule 3.
4
The notifications required by this regulation must include details of the event.
5
Unless otherwise stated, notifications must be made without delay and in writing.
6
Notifications must be made in such manner and in such form as may be required by the service regulator.
7
In this regulation—
a
“Local Health Board”, “clinical commissioning group” and the “National Health Service Commissioning Board” means the Local Health Board, or the clinical commissioning group and the National Health Service Commissioning Board in whose area the child—
i
is placed for adoption by the service, or
ii
who has died or sustained serious accident or injury in the course of receiving adoption support services was living at the time of the incident;
b
“area authority” means the local authority or local authority in England for the area in which a child is placed, or is to be placed, where this is different from the placing authority;
c
“placing agency” means the adoption agency that placed the child for adoption with the prospective adopter;
d
“placing authority” means, in relation to a child who is or was looked after by a local authority or local authority in England, that local authority;
e
“relevant authority” means the local authority in whose area the service is located and any other local authority on behalf of whom the service is providing adoption support services to that child by virtue of section 3(4)(a) of the 2002 Act.
Conflicts of interestI3532
The service provider must have effective arrangements in place to identify, record and manage potential conflicts of interest.
Complaints policy and procedureI3633
1
The service provider must have a complaints policy in place and ensure that the service is operated in accordance with that policy.
2
The service provider must have effective arrangements in place for dealing with complaints including arrangements for—
a
identifying and investigating complaints,
b
giving an appropriate response to a person who makes a complaint, if it is reasonably practicable to contact that person,
c
ensuring that appropriate action is taken following an investigation, and
d
keeping records relating to the matters in sub-paragraphs (a) to (c).
3
The service provider must provide a summary of complaints, responses and any subsequent action taken to the service regulator within 28 days of being requested to do so.
4
The service provider must—
a
analyse information relating to complaints and concerns, and
b
having regard to that analysis, identify any areas for improvement.
WhistleblowingI3734
1
The service provider must have arrangements in place to ensure that all persons working at the service (including any person allowed to work as a volunteer) are able to raise concerns about matters that may adversely affect the health, safety or well-being of persons for whom the service is provided.
2
These arrangements must include—
a
having a whistleblowing policy in place and acting in accordance with that policy, and
b
establishing arrangements to enable and support people working at the service to raise such concerns.
3
The service provider must ensure that the arrangements required under this regulation are operated effectively.
4
When a concern is raised, the service provider must ensure that—
a
the concern is investigated,
b
appropriate steps are taken following an investigation, and
c
a record is kept relating to the matters in sub-paragraphs (a) and (b).
PART 11Requirements on responsible individuals for ensuring effective management of the service
Supervision of the management of the serviceI3835
The responsible individual must supervise the management of the service.
Duty to appoint a managerI3936
1
The responsible individual must appoint a person to manage the service. But this requirement does not apply if the conditions in paragraph (2) or (3) apply.
2
The conditions are—
a
the service provider is an individual,
b
the service provider proposes to manage the service,
c
the service provider is fit to manage the service,
d
subject to paragraph (6), the service provider is registered as a manager with SCW, and
e
the service regulator agrees to the service provider managing the service.
3
The conditions are—
a
the service provider is a partnership, body corporate or unincorporated body,
b
the service provider proposes that the individual designated as the responsible individual for the service is to be appointed to manage the service,
c
that individual is fit to manage the service,
d
subject to paragraph (6), that individual is registered as a manager with SCW, and
e
the service regulator agrees to that individual managing the service.
4
For the purposes of paragraph (2)(c), the service provider is not fit to manage the service unless the requirements of regulation 23(2) (fitness of staff) are met in respect of the service provider.
5
The duty in paragraph (1) is not discharged if the person appointed to manage the service is absent for a period of more than three months.
6
The condition in paragraphs (2)(d) and (3)(d) only applies after 1 April 2022.
Fitness requirements for appointment of managerI4037
1
The responsible individual must not appoint a person to manage the service unless that person is fit to do so.
2
For the purposes of paragraph (1), a person is not fit to manage the service unless the requirements of regulation 23(2) (fitness of staff) are met in respect of that person.
Restrictions on appointing a manager for more than one serviceI4138
1
The responsible individual must not appoint a person to manage more than one service, unless paragraph (2) applies.
2
This paragraph applies if—
a
the service provider has applied to the service regulator for permission to appoint a manager for more than one service, and
b
the service regulator is satisfied that the proposed management arrangements—
i
will not have an adverse impact on the provision of the service, and
ii
will provide reliable and effective oversight of each service.
Duty to report the appointment of manager to service providerI4239
On the appointment of a manager in accordance with regulation 36(1), the responsible individual must give notice to the service provider of—
a
the name of the person appointed, and
b
the date on which the appointment is to take effect.
Duty to report the appointment of manager to SCW and the service regulatorI4340
1
On the appointment of a manager in accordance with regulation 36(1), the responsible individual must give notice to SCW and the service regulator of—
a
the name, date of birth and SCW registration number of the person appointed, and
b
the date on which the appointment is to take effect.
2
In a case where the service provider is an individual and the service regulator has agreed to the service provider managing the service, the service provider must give notice to SCW of—
a
the name, date of birth and SCW registration number of the service provider, and
b
the date from which the service provider is to manage the service.
Arrangements when manager is absentI4441
1
The responsible individual must put suitable arrangements in place to ensure that the service is managed effectively at any time when there is no manager or when the manager is not present at the service.
2
If there is no manager or the manager is not present at the service for a period of more than 28 days, the responsible individual must—
a
notify the service provider and the service regulator, and
b
inform them of the arrangements which have been put in place for the effective management of the service.
VisitsI4542
1
The responsible individual must—
a
visit the premises from which the service is provided,
b
meet with members of staff who are employed to provide a service from each place in respect of which the responsible individual is designated, and
c
meet with individuals or any representatives of individuals for whom a service is being provided from each such place.
2
The frequency of such visits and meetings is to be determined by the responsible individual having regard to the statement of purpose, but must be at least every 3 months.
PART 12Requirements on responsible individuals for ensuring effective oversight of the service
Oversight of adequate resourcesI4643
1
The responsible individual must report to the service provider on the adequacy of the resources available to provide the service in accordance with the requirements of these Regulations.
2
Such reports must be made on a quarterly basis.
3
But this requirement does not apply where the service provider is an individual.
Other reports to the service providerI4744
1
The responsible individual must, without delay, report to the service provider—
a
any concerns about the management or provision of the service;
b
any significant changes to the way the service is managed or provided;
c
any concerns that the service is not being provided in accordance with the statement of purpose for the service.
2
But this requirement does not apply where the service provider is an individual.
Engagement with individuals and othersI4845
1
The responsible individual must put suitable arrangements in place for obtaining the views of—
a
individuals,
b
any representatives of those individuals,
c
any local authority or local authority in England which has arranged for the provision of support by the service, and
d
staff employed at the service,
on the quality of support provided and how this can be improved.
2
The responsible individual must report the views obtained so that these views can be taken into account by the service provider when making any decisions on plans for improvement of the quality of support provided by the service.
PART 13Requirements on responsible individuals for ensuring compliance of the service
Duty to ensure there are systems in place to record incidents and complaintsI4946
The responsible individual must ensure that there are effective systems in place to record incidents, complaints and matters on which notifications must be made in accordance with regulations 31and 53.
Duty to ensure there are systems in place for keeping of recordsI5047
The responsible individual must ensure that there are effective systems in place in relation to the keeping of records, which include systems for ensuring the accuracy and completeness of records which are required to be kept by regulation 30.
Duty to ensure policies and procedures are up to dateI5148
The responsible individual must put suitable arrangements in place to ensure that the service provider's policies and procedures are kept up to date, having regard to the statement of purpose.
PART 14Requirements on responsible individuals for monitoring, reviewing and improving the quality of the service
Quality of service reviewI5249
1
The responsible individual must put suitable arrangements in place to establish and maintain a system for monitoring, reviewing and improving the quality of the service.
2
The system established under paragraph (1) must make provision for the quality of the service to be reviewed as often as required but at least every 6 months.
3
As part of any review undertaken, the responsible individual must make arrangements for—
a
considering the outcome of the engagement with individuals and others, as required by regulation 45 (engagement with individuals and others);
b
analysing the aggregate data on incidents, notifiable incidents, safeguarding matters, whistleblowing, concerns and complaints;
c
reviewing any action taken in relation to complaints;
d
considering the outcome of any audit of the accuracy and completeness of records.
4
On completion of a review of the quality of service in accordance with this regulation, the responsible individual must prepare a report to the service provider which must include—
a
an assessment of the standard of support provided, and
b
recommendations for the improvement of the service.
5
But the requirement in paragraph (4) does not apply where the service provider is an individual.
Statement of compliance with the requirements as to standards of supportI5350
1
The responsible individual must prepare the statement required to be included in the annual return under section 10(2)(b) of the Act, in so far as it relates to the place or places in respect of which the responsible individual has been designated.
2
When preparing the statement, the responsible individual must have regard to the assessment of the standard of support which is contained in a report prepared in accordance with regulation 49(4).
PART 15Other requirements on responsible individuals
Support for staff raising concernsI5451
1
The responsible individual must ensure that the provider's whistleblowing policy is being complied with and that the arrangements to enable and support people working at the service to raise such concerns are being operated effectively.
Duty of candourI5552
The responsible individual must act in an open and transparent way with—
a
individuals, and
b
any representatives of those individuals.
NotificationsI5653
1
The responsible individual must notify the service regulator of the events specified in Schedule 4.
2
The notifications required by paragraph (1) must include details of the event.
3
Unless otherwise stated, notifications must be made without delay and in writing.
4
Notifications must be made in such manner and in such form as may be required by the service regulator.
PART 16Offences
Offences – service providersI5754
1
It is an offence for a service provider to fail to comply with a requirement of any of the provisions specified in paragraph (2) F23.
2
The provisions specified for the purposes of paragraph (1) are the provisions of regulations—
a
5(3) (requirements in relation to statement of purpose);
b
5(5) (requirements in relation to statement of purpose);
c
9(3) (requirements in relation to financial sustainability of the service);
d
10(1) (requirements to provide the service in accordance with policies and procedures);
e
13(1) (information about the service);
f
13(2) (information about the service);
g
13(3) (information about the service);
h
14(1) (service agreement);
i
23(1) (fitness of staff);
j
26(1) (information for staff);
k
30(1) (records);
l
30(2) (records);
m
31(1) (notifications);
n
31(2) (notifications);
o
31(3) (notifications);
p
31(5) (notifications).
3
A service provider commits an offence if the provider fails to comply with a requirement of any of the provisions specified in paragraph (4) and such failure results in—
a
avoidable harm (whether of a physical or psychological nature) to an individual,
b
an individual being exposed to a significant risk of such harm occurring, or
c
in a case of theft, misuse or misappropriation of money or property, any loss by an individual of the money or property concerned.
4
The provisions specified for the purposes of paragraph (3) are the provisions of regulations—
a
4 (requirements in relation to the provision of the service);
b
5(1) (requirements in relation to the statement of purpose);
c
10(4) (requirements to provide the service in accordance with policies and procedures);
d
12(1) (requirement to ensure suitability of the service);
e
12(3) (requirement to ensure suitability of the service);
f
15(1) (standards of support – overarching requirements);
g
19 (safeguarding – overarching requirement);
h
22 (staffing – overarching requirements).
Offences – responsible individualsI5855
1
It is an offence for the responsible individual to fail to comply with a requirement of any of the provisions specified in paragraph (2) F24.
2
The provisions specified for the purposes of paragraph (1) are the provisions of regulations—
a
36(1) (duty to appoint a manager);
b
37(1) (fitness requirements for appointment of manager);
c
40(1) (duty to report the appointment of manager to SCW and the service regulator);
d
40(2) (duty to report the appointment of manager to SCW and the service regulator);
e
42(1) (visits);
f
42(2) (visits);
g
43(1) (oversight of adequacy of resources);
h
43(2) (oversight of adequacy of resources, frequency of reports);
i
44(1) (other reports to the service provider);
j
49(4) (quality of service review);
k
50(1) (statement of compliance with the requirements as to standards of support);
l
53(1) (notifications);
m
53(3) (notifications).
PART 17Service providers who are liquidated etc. or who have died
Appointment of liquidators etc.I5956
An appointed person F25 must—
a
without delay, give written notification to the service regulator of their appointment and the reasons for their appointment;
b
within 28 days of their appointment, notify the service regulator of their intentions regarding the future operation of the service.
Death of service providerI157
1
Where a service provider who is an individual has died, the personal representatives of the individual must—
a
without delay, give written notification of the death to the service regulator;
b
within 28 days of the death, notify the service regulator of their intentions regarding the future operation of the service.
2
The personal representatives of the individual may act in the capacity of the service provider for a period not exceeding 28 days or for such longer period (not exceeding one year) as the service regulator may agree.
3
Where the personal representatives are acting in the capacity of the service provider in accordance with paragraph (2), Part 1 of the Act applies with the following modifications—
a
section 5 (requirement to register) does not apply;
b
section 21(2) (responsible individuals) is to be read as if after paragraph (a), there is inserted—
aa
where the personal representatives of a service provider who has died are acting in the capacity of the service provider, be one of the personal representatives;
4
In this regulation, “the service” means the service or services which the service provider who has died was registered to provide at the time of their death.
PART 18Regulations under section 21(5) of the Act
Designation of responsible individual by Welsh MinistersI6058
The Welsh Ministers (instead of a service provider) may designate an individual to be a responsible individual, despite the requirements of section 21(2) of the Act not being met in respect of the individual, in the following circumstances—
a
the service provider is an individual who has died and the personal representatives of the service provider have notified the service regulator that they do not intend to make an application under section 11(1)(c) of the Act;
b
the service provider is an individual and they have notified the service regulator—
i
that they are no longer able to comply with their duties as a responsible individual, and
ii
the reasons for this being the case;
c
the service provider is a corporate body or partnership and they have notified the service regulator—
i
that the individual designated by the service provider as the responsible individual is no longer able to comply with their duties as a responsible individual,
ii
the reasons for this being the case, and
iii
that there is no other individual who is eligible to be a responsible individual and who is able to comply with the duties of a responsible individual.
SCHEDULE 1
PART 1Information and documentation to be available in respect of persons working in regulated services
I611
Proof of identity including a recent photograph.
I622
Where required for the purposes of an exempted question in accordance with section 113A(2)(b) of the Police Act 1997 F26, a copy of a valid criminal record certificate issued under section 113A of that Act together with, after the appointed day and where applicable, the information mentioned in section 30A(3) of the Safeguarding Vulnerable Groups Act 2006 F27 (provision of barring information on request).
I633
Where required for the purposes of an exempted question asked for a prescribed purpose under section 113B(2)(b) of the Police Act 1997, a copy of a valid enhanced criminal record certificate issued under section 113B of that Act together with, where applicable, suitability information relating to children (within the meaning of section 113BA(2) of that Act) or suitability information relating to vulnerable adults (within the meaning of section 113BB(2) of that Act).
I644
Two written references, including a reference from the last employer, if any.
I655
Where a person has previously worked in a position whose duties involved work with children or vulnerable adults, so far as reasonably practicable verification of the reason why the employment or position ended.
I666
Documentary evidence of any relevant qualification.
I677
Where relevant, documentary evidence of registration with SCW.
I688
A full employment history, together with a satisfactory written explanation of any gaps in employment.
I699
Evidence of satisfactory linguistic ability for the purposes of providing support to those individuals for whom the worker is to provide support.
I7010
Details of registration with or membership of any professional body.
PART 2Interpretation of Part 1
I7111
For the purposes of paragraphs 2 and 3 of Part 1 of this Schedule—
a
if the person to whom the certificate relates is not registered with the DBS update service, a certificate is only valid if—
i
it has been issued in response to an application by the service provider in accordance with regulation 23(3) or (6) (fitness of staff), and
ii
no more than three years have elapsed since the certificate was issued;
b
if the person to whom the certificate relates is registered with the DBS update service, the certificate is valid regardless of when it was issued.
SCHEDULE 2Records to be kept
I721
In respect of each individual—
a
full name;
b
date of birth;
c
whether the person is—
i
a child who may be adopted, their parent or guardian;
ii
a person wishing to adopt a child;
iii
an adopted person, their parent, birth parent, former guardian or related person;
d
description of support requested;
e
description of need for support along with any assessment of that need;
f
description of support provided;
g
whether the support is provided on behalf of a local authority under regulations made under section 3(4)(b) of the 2002 Act;
h
plans including—
i
adoption support plans;
ii
care and support plans;
iii
placement plans;
i
reviews of plans referred to in sub-paragraph (h).
I732
A record of any charges by the service provider to individuals for the provision of support and any additional services.
I743
A record of all complaints made by individuals or their representatives or by persons working at the service about the operation of the service, and the action taken by the service provider in respect of any such complaint.
I754
A record of all persons working at the service, which must include the following matters—
a
full name and home address;
b
date of birth;
c
qualifications relevant to, and experience of, working with individuals;
d
the dates on which the person commences and ceases to be so employed;
e
whether the person is employed by the service provider under a contract of service, a contract for services, or otherwise than under contract, or is employed by someone other than the service provider;
f
the position the person holds at the service, the work the person performs and the number of hours for which the person is employed each week;
g
a copy of the person's birth certificate and passport (if any);
h
a copy of each reference obtained in respect of the person;
i
training undertaken by the person, their supervision and appraisal;
j
records of disciplinary action and any other records in relation to the person's employment;
k
a record of the date of the person's latest DBS certificate and whether there was any action taken as a result of the content of the certificate.
SCHEDULE 3Notifications by the service provider
PART 1Notifications to the service regulator
I761
Any revision to the statement of purpose, 28 days prior to the revised statement of purpose coming into effect.
I772
Where the service provider (individual or organisation) changes their name.
I33
Where the service provider is a company, any change in the directors of the company.
I784
Where the service provider is an individual, the appointment of a trustee in bankruptcy in relation to that individual.
I45
Where the service provider is a body corporate or partnership, the appointment of a receiver, manager, liquidator or provisional liquidator in relation to that company or partnership.
I796
Where the service provider is a partnership, death of one of the partners.
I807
Where the service provider is a partnership, any change in the partners.
I818
Expected absence of the responsible individual for 28 days or more, 7 days prior to commencement of the absence.
I829
The unexpected absence of the responsible individual, no later than 7 days after the commencement of the absence.
I8310
Unexpected absence of the responsible individual for 28 days or more, where no prior notification has been given, immediately on the expiry of 28 days following the commencement of the absence.
I8411
Return from absence of the responsible individual.
I8512
The responsible individual ceases, or proposes to cease, being the responsible individual for the service.
I8613
Any abuse or allegation of abuse in relation to an individual that involves the service provider and/or a member of staff or volunteer.
I8714
Service provider, responsible individual or appointed manager convicted of criminal offence.
I8815
Any allegation of misconduct by a member of staff.
I8916
Any incident reported to the police.
I9017
Any events which prevent, or could prevent, the provider from continuing to provide the service safely.
I9118
Any proposal to change the address of the principal office, 28 days prior to the change taking place.
I9219
Any referral to the DBS pursuant to the Safeguarding Vulnerable Groups Act 2006.
I9320
Where the service provider, responsible individual or appointed manager is charged with any offence specified in the Schedule to the Safeguarding Vulnerable Groups Act 2006 (Prescribed Criteria and Miscellaneous Provisions) Regulations 2009 F28, notice of the offence charged and the place of charge.
I9421
Any incident of child sexual or criminal exploitation or suspected child sexual or criminal exploitation.
I9522
The death of a child placed for adoption by the service.
I9623
The instigation and outcome of any child protection enquiry involving a child placed for adoption by the service.
PART 2Notification to the Local Health Board/clinical commissioning group and National Health Service Commissioning Board by the provider of an adoption society
I9724
Death of a child placed for adoption by the service.
I9825
Any serious accident or injury sustained by a child placed for adoption by the service.
PART 3Notification to the Local Health Board/clinical commissioning group and National Health Service Commissioning Board by the provider of an adoption support agency or of an adoption society which provides adoption support services
I9926
The death, serious accident or injury of a child in the course of receiving adoption support services from the service.
PART 4Notification to the placing agency
I10027
Any serious complaint about a prospective adopter approved by the agency where a child is placed for adoption with that prospective adopter by another adoption agency.
PART 5Notifications to the area authority
I10128
The death of a child placed for adoption by the service.
I10229
Any serious accident or injury sustained by a child placed for adoption by the service.
I10330
Any serious complaint about a prospective adopter approved by the service where a child is placed for adoption with that prospective adopter by the service.
I10431
Any serious complaint about a prospective adopter approved by the service where a child is placed for adoption with that prospective adopter by another adoption agency (if not notified as the placing agency).
I10532
The instigation and outcome of any child protection enquiry involving a child placed for adoption by the service.
PART 6Notifications to the placing authority by the provider of an adoption society
I10633
The death of a child placed for adoption by the service.
I10734
Any serious accident or injury sustained by a child placed for adoption by the service.
I10835
Any serious complaint about a prospective adopter approved by the service where a child is placed for adoption with that prospective adopter by another adoption agency.
I10936
The instigation and outcome of any child protection enquiry involving a child placed for adoption by the service.
PART 7Notifications to the placing authority by the provider of an adoption support agency or adoption society which provides adoption support services
I11037
The death of a child in the course of receiving adoption support services from the service.
I11138
Any serious accident or injury sustained by a child in the course of receiving adoption support services from the service.
I11239
The instigation and outcome of any child protection enquiry involving a child receiving adoption support services from the service.
PART 8Notification to the relevant authority
I11340
Death or any serious accident or injury sustained by a child in the course of receiving adoption support services.
PART 9Notification to the police
I11441
Any incident of child sexual or criminal exploitation or suspected child sexual or criminal exploitation.
SCHEDULE 4Notifications by the responsible individual
I1151
The appointment of a manager (see regulation 37(1)).
I1162
The expected absence of the appointed manager for 28 days or more, 7 days prior to the commencement of the absence.
I1173
The unexpected absence of the appointed manager, no later than 7 days after the commencement of the absence.
I1184
The unexpected absence of appointed manager for 28 days or more where no prior notification has been given, immediately on the expiry of 28 days following the commencement of the absence.
I1195
Return from absence of appointed manager.
I1206
Interim arrangements where the manager is absent for longer than 28 days.
I1217
Someone other than the appointed manager is proposing to manage or is managing the service.
I1228
The appointed manager ceases, or proposes to cease, managing the service.
2016 anaw 2; see section 189 for the definition of “prescribed”.