Domiciliary support service (Wales)

A regulated service

1. The Regulation and Inspection of Social Care (Wales) Act 2016 introduced a new concept of “regulated services”.¹Regulation and Inspection of Social Care (Wales) Act 2016, s.2 A “domiciliary support service” is one such regulated service.²Regulation and Inspection of Social Care (Wales) Act 2016, s.2(1)

Definition

2. A “domiciliary support service” is defined as “the provision of care and support to a person who by reason of vulnerability or need (other than vulnerability or need arising only because the person is of a young age) is unable to provide it for him or herself and is provided at the place in Wales where the person lives (including making arrangements for or providing services in connection with such provision).”³Regulation and Inspection of Social Care (Wales) Act 2016, sch 1 para 8(1)

Exceptions to the “domiciliary support service” registration requirement

3. Part 2 of the Regulated Services (Service Providers and Responsible Individuals) (Wales) Regulations 2017 (“the 2017 Regulations”) created exceptions to the registration requirement in the Act.⁴ Regulated Services (Service Providers and Responsible Individuals) (Wales) Regulations 2017, Part 2 Regulation 3 sets out the situations where the provision of care and support is not to be treated as a “domiciliary support service”.⁵Regulated Services (Service Providers and Responsible Individuals) (Wales) Regulations 2017, reg. 3

4. But for these 2017 Regulations there would have been a requirement for support services in Wales to register as domiciliary support services under the Act.⁶Explanatory Memorandum to the Regulated Services (Service Providers and Responsible Individuals) (Wales) Regulations 2017, Huw Irranca-Davies, Minister for Children and Social Care, 17 November 2017, last accessed: 30 August 2022 However the 2017 Regulations have removed this requirement where support is being provided without care by excluding “support only” services from regulation.⁷The 2017 Regulations addressed the fact that the definition of care and support under the 2016 Act was broader than the meaning of “personal care” under the 2000 Act, in so far as the definition of care and support under the 2016 Act included both “care”, “support” and “both care and support”. 

5. Another exception to the registration requirement as a domiciliary support service is the provision of care and support to four or fewer individuals at any one time.⁸Regulated Services (Service Providers and Responsible Individuals) (Wales) Regulations 2017, reg. 3(1)(b)

Other exceptions

6. The following activities are also excluded from being a domiciliary support service:⁹Regulated Services (Service Providers and Responsible Individuals) (Wales) Regulations 2017, reg. 3(1)(c)-(g)

1. personal assistants who provide care and support without the involvement of an employment agency or employment business, and who work wholly under the direction and control of the person receiving the care and support; 
2. care and support provided at:
   1. a place where a care home service, secure accommodation service, residential family centre service or accommodation arranged as part of an adult placement service is provided, or
   2. a hospital;
3. personal assistant agencies who introduce individuals who provide a domiciliary support service to individuals who may wish to receive it but has no ongoing role in the direction or control of the care and support provided;
4. the provision of care and support for an adult in the course of a family or personal relationship, and for no commercial consideration;
5. the provision of care and support for a child by a parent, relative or foster parent;
6. arrangements for the supply of carers to a service provider by an undertaking acting as an employment agency or employment business for the purpose of the provision of a regulated service by the service provider ;
7. the provision of care and support where the care and support is provided by a person managing a prison or other similar custodial establishment.