The Department of Social Care (DSC) received Royal Assent for the Regulation of Care Act 2013 in Tynwald on Tuesday 15 October 2013.
Care services do not need to take any action at this stage. However the Department want to ensure that the public and businesses are aware of what this means for them going forward. Further information including a comprehensive Question and Answer section can be found on the Department’s website.
The Minister for Social Care Hon Chris Robertshaw MHK said:
'The implementation of this new legislation will introduce a comprehensive, robust and proportionate regulatory system for the Island. It will also provide more protection for care service users many of whom are society’s most vulnerable people.'
'However I am aware that any period of change can cause anxiety for service providers and the public. My Department wants to ensure that we provide timely information to businesses and the public on what the implementation of this new legislation will mean to them. We have written to all known services that will be affected by the changes and in the coming months will be continuing to make sure they are kept updated on any changes.'
The process for officially converting 'currently regulated services' and registering 'newly regulated services' does not begin until a date the DSC determines using an Appointed Day Order which must be laid before Tynwald. The DSC intends to lay this Order before December Tynwald to come into operation from 2 January 2014.
The Appointed Day Order will trigger provisions in the new Act for a 'registration grace period' to allow the process for conversions of 'currently regulated services' and the registration of 'newly regulated services' to take place on a phased basis.
Therefore care services do not need to take any action at this time. The Department of Social Care will be contacting all known care services in early December to let them know what this will mean for them and publishing further information via the media and on the Government website.
What does this mean for 'newly regulated services'? -Adult Placement Agency, Child Care Agency, Domiciliary Care Agency, Fostering Agency, Independent Medical Agency, Voluntary Adoption Agency, Adult Day Care Centre, Child (Secure Accommodation) Establishment, Independent Clinic, Independent Hospital, Independent Medical Agency, Offender Accommodation Service and Residential Family Centres
The services specified above have not previously been required to register with the DSC or been subject to inspections but will be required to under the new legislation. At this stage these 'newly regulated services' can continue to operate.
However, although the Department is aware of most 'newly regulated services' to ensure they are kept up to date on developments and provided with further information we ask that they get in touch with the Registration and Inspection team on +44 1624 642422 or R&Iadults.DSC@gov.im to provide contact details for our circulation list.
What does this mean for 'currently regulated services'? -Childminders, Nursing and Residential Homes, Children’s Homes, Child Day Care, Nurses Agency
The care services above, which are currently required to register and are inspected by the DSC under existing legislation, will be subject to the new provisions within the new Act. These services have already been contacted to confirm what is required of them under the new provisions. They do not need to take any action until they are contacted by DSC.
There are a few 'currently regulated services' which under the current legislation are categorised as Nursing Homes or Children’s Homes which will change category for registration under the new Act. They again do not need to take any action until they are asked by the DSC to do so.
'Currently regulated services' must still be registered before they can operate. If an application has already been submitted for registration it will continue to be processed but will be considered under the requirements of the new legislation. Any new application for registration will now be considered under the new Act. Anyone wishing to apply can get in touch with the Registration and Inspection Team on +44 1624 642422 or R&Iadults.DSC@gov.im to find out further information.
