Regulation of Care (Standards
and Requirements) (Jersey) Regulations 2018
Made 20th November 2018
Coming into force 1st
January 2019
THE STATES, in pursuance of Articles 9(1), 10, 11, 14, 16 and 30(3) of
the Regulation of Care (Jersey) Law 2014[1], and after having consulted the
Health and Social Care Commission and in accordance with Article 14(9),
have made the following Regulations –
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[2];
“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[3], 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[4]) 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,
(ii) 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.
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).
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 measures –
(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.
(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 32(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 32.
(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 32, 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 31(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.
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.
35 Citation
and commencement
These Regulations may be cited as the Regulation of Care (Standards
and Requirements) (Jersey) Regulations 2018 and come into force on
1st January 2019.
l.-m. hart
Deputy Greffier of the States