Regulation and Inspection of Social Care (Wales) Act 2016

A new system for regulation of care & support services (April 2018)

1. In 2016 Part 1 of the Regulation and Inspection of Social Care (Wales) Act 2016 (“the Act”) introduced a new system for the regulation of care and support services in Wales from April 2018.1Regulation and Inspection of Social Care (Wales) Act 2016 This replaced the system established under the Care Standards Act 2000.

Regulated services

2. The Act introduced a new concept of “regulated services”. A person who wants to provide a regulated service must make an application for registration specifying the regulated service that the person wants to provide. It is an offence to provide a “regulated service” without being registered.

3. The term “regulated services” includes:2Regulation and Inspection of Social Care (Wales) Act 2016, s.2(1)

  1. care home service”; and
  2. domiciliary support service”.

4. The other regulated services are:3Regulation and Inspection of Social Care (Wales) Act 2016, s.2(1)

  1. a secure accommodation service; 
  2. a residential family centre service; 
  3. an adoption service; 
  4. a fostering service; 
  5. an adult placement service; 
  6. an advocacy service; 
  7. any other care and support service prescribed by the Welsh Ministers in regulations.

Exceptions

5. Certain activities, such as the provision of support only,  that would otherwise fit the definition of a “regulated service” are not treated as such under the provisions of the Regulated Services (Service Providers and Responsible Individuals) (Wales) Regulations 2017 No. 1264 (as amended).4Regulated Services (Service Providers and Responsible Individuals) (Wales) Regulations 2017 No. 1264 (W. 295) (as amended)

Meaning of the terms “care” and “support”

Care

6. The Act defines “care” as care relating to—

  1. the day-to-day physical tasks and needs of the person cared for (for example, eating and washing), and
  2. the mental processes related to those tasks and needs (for example, the mental process of remembering to eat and wash).5Regulation and Inspection of Social Care (Wales) Act 2016, s.3(1)(a)

Support

7. The Act defines “support” as counselling, advice or other help, provided as part of a plan prepared for the person receiving support by a service provider or other person providing care and support to the person, or a local authority (even if the authority does not provide care and support to the person).6Regulation and Inspection of Social Care (Wales) Act 2016, s.3(1)(d)

Guidance on the Act

8. The Care Inspectorate Wales has published guidance for (prospective) providers in respect of the registration, regulation and inspection of regulated services under the Act.7Care Inspectorate Wales, March 2022, Guide to Registration: Regulation and Inspection of Social Care (Wales) Act 2016

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