6. The Regulated Services (Service Providers and Responsible Individuals) (Wales) Regulations 2017

Part of the debate – in the Senedd at 4:58 pm on 12 December 2017.

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Photo of Huw Irranca-Davies Huw Irranca-Davies Labour 4:58, 12 December 2017

Diolch, Llywydd, and I move the motion. The Regulation and Inspection of Social Care (Wales) Bill was passed and became the Act, unanimously, almost two years ago. The Act provides the statutory framework for the regulation and inspection of social care services and the regulation of the social care workforce in Wales. 

There are several items of subordinate legislation flowing from the Act, and you, the Members here today, have already passed a number of these regulations. My officials have worked closely with the regulator, and with the sector, to develop regulations that are proportionate, that are robust, and that are fit for purpose. The regulations before you today, the Regulated Services (Service Providers and Responsible Individuals) (Wales) Regulations 2017, exercise a number of the powers contained in the Act. They have been subject to wide public consultation.

One of the intentions of the Act is to rationalise the amount of legislation and to ensure an appropriate level of consistency right across the range of regulated services. So, consequently, these regulations apply to care homes, domiciliary support services, secure accommodation and residential family centres. They're supported by statutory guidance, which sets out in greater detail how providers and responsible individuals may comply with the requirements. 

The Act empowers the Welsh Ministers to place requirements on providers of regulated services, and these regulations provide clarity and certainty by setting out those requirements in detail. They focus on outcomes and well-being, and encompass matters that will underpin the quality and the safety of services. This includes the governance of the service, the way in which the service is carried on, its staffing, and how it safeguards the people in its care. There are also requirements in relation to accommodation-based services so as to ensure that premises are suitable for the people living in them. For new premises, there is a greater degree of prescription in order to support an overall improvement over time in the built estate. 

The quality of care is inextricably linked to the quality and the stability of the workforce who provide that care. So, to support this, I have taken this opportunity to place specific requirements on providers of domiciliary support services. This will ensure that workers are offered a choice of contractual arrangements and that care time is planned appropriately, without being eroded by travel time. The Act strengthens corporate accountability by requiring providers to designate a responsible individual as part of their registration. Aligned to that, the Act allows Welsh Ministers to place duties on that responsible individual. The regulations place specific requirements on responsible individuals in terms of the quality and the compliance of the service, and I expect responsible individuals to be involved with, rather than detached from, the service. So, this does include a requirement to visit the service.

The regulations also set out which services are exempt from regulation. It is important that we have clarity here, so that providers are certain as to whether they come within the scope of these regulations or not. These largely replicate the exemptions under existing legislation, but also specify other arrangements, which are intended to fall outside regulation. The regulator must be able to act should providers fall short. The requirements in these regulations are therefore capable of enforcement by the regulator. The regulations also provide clarity as to which breaches of the requirements will be treated as an offence. The regulations also deal with other matters, such as the notification requirements and the arrangements that will apply in the event that a liquidator is appointed or that a provider who is an individual dies. They also set out the circumstances in which the Welsh Ministers, instead of the service provider, may designate an individual to be the responsible individual. These particular regulations are largely technical in nature, but are nonetheless essential to the smooth operation of the overall system.

The regulations as a whole will shape the way in which these care and support services are provided for years to come. I was very pleased with the level of engagement during the public consultation process and naturally there are certain aspects that attracted particular interest. So, I've considered the feedback from the consultations carefully, and have made some amendments as a consequence. In some cases, this has been necessary to clarify the original intention. In other cases, the amendments respond to issues that were raised during the consultation process. So, I've taken, for example, the opportunity to clarify the requirements in relation to registered nurses. I have also adjusted the requirements in relation to shared rooms for adults, and the frequency of Disclosure and Barring Service checks. Likewise, having reflected on the frequency of visits by the responsible individual, I have amended this requirement. 

I am satisfied, Llywydd, that these changes are necessary to establish a system that works effectively in the round without compromising our intentions. I have published a report on the outcome of our public consultation. These regulations are necessary to deliver the new system for regulating and inspecting social care services in Wales from April next year. They will ensure that the same high standards and the focus on improvement and good practice apply right across these regulated services, and I commend them to Members and look forward to contributions today.