Consultation on new regulations for care homes in Northern Ireland
Click here to go to the Department of Health, Social Services and Public Safety website
Disability Discrimination Act
The Disability Discrimination Act came into effect on 1st October 2004. RNHA Members should ensure that they comply with its requirements. Visit the Disability Rights Commission website for more information:
https://www.drc-gb.org/
Dispute Regulations
From 1st October 2004 the The Employment Act 2002 (Dispute Resolution) Regulations 2004 came into force. The Regulations can be viewed via this link:
https://www.legislation.hmso.gov.uk/si/si2004/20040752.htm
Implementation of POVA list and changes to Regulations
From 26th July 2004 it is an offence to employ any person in a care position within a nursing home without first undertaking a check to determine if that person is included on the Protection of Vulnerable Adults (POVA) list.
On the same date changes were made to the Care Home Regulations to permit new staff to start work in care homes, in certain circumstances, prior to completion of the CRB process.
This is only possible where a CRB application has been made and a check (termed a POVAFirst check) against the POVA list is undertaken prior to employment starting.
Guidance on the implementation of POVA has been issued by the Department of Health and can be accessed via this link:
https://www.dh.gov.uk/PolicyAndGuidance/HealthAndSocialCareTopics
/HealthAndSocialCareArticle/fs/en?CONTENT_ID=4075533&chk=WFdy%2Bi
If you have problems with this link put the words "vulnerable adults" into the search box on the www.dh.gov.uk site.
Specifically, in order to start a new employee whilst the CRB process is being undertaken, the following steps must be taken:
(a) a criminal record certificate (CRB check) has been applied for in respect of the new worker and
(b) full and satisfactory information in respect of the new worker has been obtained in relation to paragraph 7 of Schedule 2 (the POVAFirst check)
Where a registered person permits a new worker to start work in these circumstances, the registered person shall -
(a) appoint a member of staff ("the staff member"), who is appropriately qualified and experienced, to supervise the new worker pending receipt of, and satisfying himself with regard to, the outstanding information in relation to a criminal record certificate;
(b) so far as is possible, ensure that the staff member is on duty at the same time as the new worker; and
(c) ensure that the new worker does not escort service users away from the care home premises unless accompanied by the staff member.".
Changes to Schedule II
The changes to the Regulations also include a revision to Schedule II ( Information in respect of persons working within a care home) which removes the requirement for registered providers to require a copy of a birth certificate and passport.
It does impose new record keeping requirements and should be considered by nursing home owners.
The new Regulations can be viewed via this link:
https://www.hmso.gov.uk/si/si2004/20041770.htm
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