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Statutory Instruments made by the National Assembly for Wales


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STATUTORY INSTRUMENTS


2006 No. 3251 (W.295)

SOCIAL CARE, WALES

CHILDREN AND YOUNG PERSONS, WALES

The Care Standards Act 2000 and the Children Act 1989 (Regulatory Reform and Complaints) (Wales) Regulations 2006

  Made 5 December 2006 
  Coming into force 1 January 2007 

The National Assembly for Wales makes the following Regulations in exercise of the powers conferred upon it by sections 23(2)(a) and (9), 59(2), 79C and 104(4) of and paragraph 12 of Schedule 2 to the Children Act 1989[1]; sections 14(1)(d), 16, 22, 25, 33, 42(1), 48(1), 50 and 118(1) and (5) to (7) of the Care Standards Act 2000[2]; and sections 2(6)(b), 9(1) and (3), 10 and 140(1) of the Adoption and Children Act 2002[3]:

Title, commencement and application
     1. —(1) The title of these Regulations is the Care Standards Act 2000 and the Children Act 1989 (Regulatory Reform and Complaints) (Wales) Regulations 2006 and will come into force on 1 January 2007.

    (2) These Regulations apply in relation to Wales.

Amendment of the Care Homes (Wales) Regulations 2002
    
2. The Care Homes (Wales) Regulations 2002[4] are amended as follows —

Amendment of the Children's Homes (Wales) Regulations 2002
    
3. The Children's Homes (Wales) Regulations 2002[5] are amended as follows —

Amendment of the Child Minding and Day Care (Wales) Regulations 2002
    
4. The Child Minding and Day Care (Wales) Regulations 2002[6] are amended as follows —

Amendment of the Fostering Services (Wales) Regulations 2003
    
5. The Fostering Services (Wales) Regulations 2003[7] are amended as follows —

Complaints subject to concurrent consideration
    
18D. —(1) Where a complaint relates to any matter—

    (2) The consideration of complaints subject to concurrent consideration may be discontinued if at any time it appears to the fostering service provider that to continue would compromise or prejudice the other consideration.

    (3) Where the fostering service provider decides to discontinue the consideration of a complaint under paragraph (2) the fostering service provider must give notice of that decision to the complainant.

    (4) Where the fostering service provider discontinues the consideration of any complaint under paragraph (2), consideration can be resumed at any time.

    (5) Where the consideration of a complaint has been discontinued under paragraph (2) the fostering service provider must ascertain the progress of the concurrent consideration and notify the complainant when it has been concluded.

    (6) The fostering service provider must resume consideration of any complaint where the concurrent consideration is discontinued or completed and the complainant requests that the complaint be considered under these Regulations.”.

Amendment of the Residential Family Centres (Wales) Regulations 2003
    
6. The Residential Family Centres (Wales) Regulations 2003[8] are amended as follows —

Amendment of the Nurses Agencies (Wales) Regulations 2003
    
7. The Nurses Agencies (Wales) Regulations 2003[9] are amended as follows —

Amendment of the Adult Placement Schemes (Wales) Regulations 2004
    
8. The Adult Placement Schemes (Wales) Regulations 2004[10] are amended as follows —

Amendment of the Domiciliary Care Agencies (Wales) Regulations 2004
    
9. The Domiciliary Care Agencies (Wales) Regulations 2004[11] are amended as follows —

Amendment of the Adoption Support Agencies (Wales) Regulations 2005
    
10. —(1) The Adoption Support Agencies (Wales) Regulations 2005[12] are amended as follows —

“Complaints
    
19. —(1) The registered person must prepare and follow a written procedure ("the complaints procedure") for considering complaints made to the registered person by a person receiving adoption support services from the agency or by a person acting on their behalf.

    (2) The complaints procedure must be appropriate to the needs of person receiving adoption support services from the agency.

    (3) The complaints procedure must include provision for the consideration of complaints made about the registered person.

    (4) The registered person must ensure that the following persons are aware of the existence of the complaints procedure and take all reasonable steps to give a copy of the complaints procedure in an appropriate format or such format as may be requested to—

    (5) The registered person must ensure that the staff employed by the agency are informed about, given a copy of and appropriately trained in the operation of the complaints procedure.

    (6) The complaints procedure must include —

    (7) The complaints procedure must include provision for the local resolution of complaints at an early stage where appropriate.

    (8) Where the complaints procedure includes provision for a formal consideration, this provision must be approved by the National Assembly.

    (9) The approval of the National Assembly under paragraph (8) will only be given where the complaints procedure includes provision for the formal consideration to be undertaken by a person who is independent of the management of the agency.

Amendment of the Registration of Social Care and Independent Health Care (Wales) Regulations 2002
    
11. In paragraph 11 of Schedule 3 to the Registration of Social Care and Independent Health Care (Wales) Regulations 2002[13], substitute "carry on" with "manage".



Signed on behalf of the National Assembly for Wales under section 66(1) of the Government of Wales Act 1998[14].

D. Elis-Thomas
The Presiding Officer of the National Assembly

5 December 2006



EXPLANATORY NOTE

(This note is not part of the Regulations)


These Regulations amend various regulations made under the Children Act 1989 ("the 1989 Act") and the Care Standards Act 2000 ("the 2000 Act"). Provision is inserted which requires registered persons to establish and maintain systems for monitoring, reviewing and improving the quality of care provided by the service at least once a year. Provision is made for the registered person to ascertain the views of service users and their representatives, purchasing authorities and staff of the service. Reports of this review must be prepared by the registered person. At the request of the National Assembly for Wales (the National Assembly) the registered person must undertake an assessment of the service provided. The National Assembly can require the registered person to take such action as the National Assembly considers is necessary in order to meet statutory provision and the registered person must advise the National Assembly when this action has been completed. Amendment is also made to the requirements in relation to the handling of complaints by registered persons. A failure to meet any of these requirements will be an offence. Regulation 2 amends the Care Homes (Wales) Regulations 2002. The amendment in regulation 2(a) is to correct a drafting error; Regulation 3 amends the Children's Homes (Wales) Regulations 2002; Regulation 4 amends the Child Minding and Day Care (Wales) Regulations 2002; Regulation 5 amends the Fostering Services (Wales) Regulations 2003; Regulation 6 amends the Residential Family Centres (Wales) Regulations 2003; Regulation 7 amends the Nurses Agencies (Wales) Regulations 2003; Regulation 8 amends the Adult Placement Schemes (Wales) Regulations 2004; Regulation 9 amends the Domiciliary Care Agencies (Wales) Regulations 2004; Regulation 10 amends the Adoption Support Agencies (Wales) Regulations 2005; and Regulation 11 amends an error in the Registration of Social Care and Independent Health Care (Wales) Regulations 2002.


Notes:

[1] 1989 c.41: section 79C was inserted by section 79 of the Care Standards Act 2000 (c.14). These powers are exercisable by the National Assembly for Wales by virtue of article 2 of, and schedule to, the National Assembly for Wales (Transfer of Functions) Order 1999, S.I. 1999/672.back

[2] 2000 c.14.back

[3] 2002 c.38.back

[4] S.I. 2002/324 (W.37).back

[5] S.I. 2002 No.327 (W.40).back

[6] S.I. 2002 No.812 (W.92).back

[7] S.I. 2003 No.237 (W.35).back

[8] S.I. 2003 No. 781 (W.92).back

[9] S.I. 2003 No. 2527 (W.242).back

[10] S.I. 2004 No. 1756 (W.188).back

[11] S.I.2004 No. 219 (W.23).back

[12] S.I. 2005 No.1514(W.118).back

[13] S.I. 2002 No.919 (W.107).back

[14] 1998 c.38.back



Cymraeg (Welsh)



ISBN 0 11 091467 8


 © Crown copyright 2006

Prepared 14 December 2006


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