4., 5. & 6. The Regulated Adoption Services (Service Providers and Responsible Individuals) (Wales) Regulations 2019, The Regulation and Inspection of Social Care (Wales) Act 2016 (Consequential Amendments) Regulations 2019 and The Regulated Services (Service Providers and Responsible Individuals) (Wales) (Amendment) Regulations 2019

Part of the debate – in the Senedd at 4:36 pm on 26 March 2019.

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Photo of Julie Morgan Julie Morgan Labour 4:36, 26 March 2019

Thank you, Llywydd. I move the motions. The Regulation and Inspection of Social Care (Wales) Bill was passed unanimously three years ago. Through phased implementation of the Act, we are establishing a new system of regulation and inspection of social care providers that is robust, streamlined and citizen focused. The regulations before us today contribute in this endeavour and substantially complete phase 3 of the implementation. 

The Regulated Adoption Services (Service Providers and Responsible Individuals) (Wales) Regulations 2019 place clear, appropriate and proportionate requirements on regulated adoption services and their responsible individuals against which Care Inspectorate Wales can inspect. As with the adult placement, advocacy and fostering service regulations passed by this Assembly in January, core requirements relate to the governance of the service, the way in which it's carried out, its staffing and how it safeguards and supports people. They also focus on quality, accountability and improvement of service delivery. Where providers or responsible individuals fall short, the regulations specify which breaches will or may be treated as an offence in addition to the inspectorate's civil enforcement options. 

As adoption is a particularly complex and challenging area of the law to reform, I would like to thank the key stakeholders, including the National Adoption Service and the Association for Fostering and Adoption Cymru, who've worked with us to ensure that the regulations align with those for other regulated services under the 2016 Act wherever practical and appropriate, but are also fit for purpose in respect of adoption. 

Through this engagement, we've made a small number of significant changes in terminology to better reflect the nature of regulated adoption services. To deal with the confusion in the sector as to the intention behind the use of the word 'care' in these regulations, we have replaced reference to 'care and support' as a way of defining what the service does with support. We've also replaced the term 'personal outcomes' with 'need for support', which will avoid requirements around the personal outcomes for children being in conflict with those for adults also receiving support from the service. These changes maintain the standards expected under the 2016 Act while achieving a better fit for the nature of adoption services. This respects their separate statutory basis primarily governed by the Adoption and Children Act 2002.

However, there are two areas in particular where I've resolved not to make changes. I consider that it would not be appropriate to duplicate existing legal requirements by setting out detailed safeguarding requirements in these regulations. Instead, the regulations make it clear that service providers must have comprehensive policies and up-to-date procedures in place to reflect those existing requirements.

I also feel strongly that adoption services, like other regulated services under the 2016 Act, should review the quality of their services every six months. They can do this in a proportionate way, making best use of existing sources of data as part of an ongoing cycle of quality assurance. The accompanying statutory guidance emphasises this focus. Statutory guidance setting out in greater detail how providers and responsible individual may comply with the requirements within the regulations will be published in early April.

Turning now to the Regulation and Inspection of Social Care (Wales) Act 2016 (Consequential Amendments) Regulations 2019, these make technical changes to primary legislation in connection with the coming into force, on 29 April, of provisions within Part 1 of the Act, which relate to the regulation of adoption, adult placement and fostering services. Essentially, they update terminology within existing primary legislation, in line with the regulation and inspection of social care Act 2016, providing clarity and ensuring consistency of the law.

Finally, the Regulated Services (Service Providers and Responsible Individuals) (Wales) (Amendment) Regulations 2019 make a small number of discrete changes to the regulations that this Assembly put in place at phase 2 of implementation in relation to the regulation and inspection of residential and domiciliary care services. The amendments include changes to the exceptions for domiciliary support services to ensure clarity about how services that provide nursing care in people's own homes will be regulated, and changes to the exceptions for care home services, which will exempt residential holiday schemes for disabled children from the scope of the regulation, while a more proportionate regulatory framework is put in place for them. They also add requirements regarding adequate oversight and monitoring of savings that care homes and secure accommodation services make on behalf of children, and change the notification requirements for consistency with regulations put in place at phase 3. Statutory guidance updated in line with these changes will be published in early April.

I believe that these changes within these regulations form a necessary part of delivering the revised system of regulation and inspection in Wales, willed by this Assembly when it passed the Bill in 2016, and I ask for your support.