Health Act 2007 (Care and Support of Residents in Designated Centres for Persons (Children and Adults) with Disabilities) Regulations 2013.
Statutory Instruments
Source: Statutory Instruments

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paragraphs: (1) These Regulations may be cited as the Health Act 2007 (Care and Support of Residents in Designated Centres for Persons (Children and Adults) with Disabilities) Regulations 2013.
(2) These Regulations come into operation on 1 November, 2013.
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paragraphs: In these Regulations—
(a) items purchased by or on behalf of the resident, and
(b) items and monies received by the resident,
(a) persons who provide professional services to the designated centre and to whom the registered provider pays fees for such services, or
(b) volunteers;
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paragraphs: (1) The registered provider shall prepare in writing a statement of purpose containing the information set out in Schedule 1.
(2) The registered provider shall review and, where necessary, revise the statement of purpose at intervals of not less than one year.
(3) The registered provider shall make a copy of the statement of purpose available to residents and their representatives.
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paragraphs: (1) The registered provider shall prepare in writing and adopt and implement policies and procedures on the matters set out in Schedule 5.
(2) The registered provider shall make the written policies and procedures referred to in paragraph (1) available to staff.
(3) The registered provider shall review the policies and procedures referred to in paragraph (1) as often as the chief inspector may require but in any event at intervals not exceeding 3 years and, where necessary, review and update them in accordance with best practice.
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paragraphs: (1) The person in charge shall ensure that a comprehensive assessment, by an appropriate health care professional, of the health, personal and social care needs of each resident is carried out—
(a) prior to admission to the designated centre; and
(b) subsequently as required to reflect changes in need and circumstances, but no less frequently than on an annual basis.
(2) The registered provider shall ensure, insofar as is reasonably practicable, that arrangements are in place to meet the needs of each resident, as assessed in accordance with paragraph (1).
(3) The person in charge shall ensure that the designated centre is suitable for the purposes of meeting the needs of each resident, as assessed in accordance with paragraph (1).
(4) The person in charge shall, no later than 28 days after the resident is admitted to the designated centre, prepare a personal plan for the resident which—
(a) reflects the resident’s needs, as assessed in accordance with paragraph (1);
(b) outlines the supports required to maximise the resident’s personal development in accordance with his or her wishes; and
(c) is developed through a person centred approach with the maximum participation of each resident, and where appropriate his or her representative, in accordance with the resident’s wishes, age and the nature of his or her disability.
(5) The person in charge shall make the personal plan available, in an accessible format, to the resident and, where appropriate, his or her representative.
(6) The person in charge shall ensure that the personal plan is the subject of a review, carried out annually or more frequently if there is a change in needs or circumstances, which review shall—
(a) be multidisciplinary;
(b) be conducted in a manner that ensures the maximum participation of each resident, and where appropriate his or her representative, in accordance with the resident’s wishes, age and the nature of his or her disability;
(c) assess the effectiveness of the plan; and
(d) take into account changes in circumstances and new developments.
(7) The recommendations arising out of a review carried out pursuant to paragraph (6) shall be recorded and shall include—
(a) any proposed changes to the personal plan;
(b) the rationale for any such proposed changes; and
(c) the names of those responsible for pursuing objectives in the plan within agreed timescales.
(8) The person in charge shall ensure that the personal plan is amended in accordance with any changes recommended following a review carried out pursuant to paragraph (6).
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paragraphs: (1) The registered provider shall provide appropriate health care for each resident, having regard to that resident’s personal plan.
(2) The person in charge shall ensure that—
(a) a medical practitioner of the resident’s choice or acceptable to the resident is made available to the resident;
(b) where medical treatment is recommended and agreed by the resident, such treatment is facilitated;
(c) the resident’s right to refuse medical treatment shall be respected. Such refusal shall be documented and the matter brought to the attention of the resident’s medical practitioner;
(d) when a resident requires services provided by allied health professionals, access to such services is provided by the registered provider or by arrangement with the Executive; and
(e) residents are supported to access appropriate health information both within the residential service and as available within the wider community.
(3) The person in charge shall ensure that residents receive support at times of illness and at the end of their lives which meets their physical, emotional, social and spiritual needs and respects their dignity, autonomy, rights and wishes.
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paragraphs: (1) The person in charge shall ensure that staff have up to date knowledge and skills, appropriate to their role, to respond to behaviour that is challenging and to support residents to manage their behaviour.
(2) The person in charge shall ensure that staff receive training in the management of behaviour that is challenging including de-escalation and intervention techniques.
(3) The registered provider shall ensure that where required, therapeutic interventions are implemented with the informed consent of each resident, or his or her representative, and are reviewed as part of the personal planning process.
(4) The registered provider shall ensure that, where restrictive procedures including physical, chemical or environmental restraint are used, such procedures are applied in accordance with national policy and evidence based practice.
(5) The person in charge shall ensure that, where a resident’s behaviour necessitates intervention under this Regulation—
(a) every effort is made to identify and alleviate the cause of the resident’s challenging behaviour;
(b) all alternative measures are considered before a restrictive procedure is used; and
(c) the least restrictive procedure, for the shortest duration necessary, is used.
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paragraphs: (1) The registered provider shall ensure that each resident is assisted and supported to develop the knowledge, self-awareness, understanding and skills needed for self-care and protection.
(2) The registered provider shall protect residents from all forms of abuse.
(3) The person in charge shall initiate and put in place an investigation in relation to any incident, allegation or suspicion of abuse and take appropriate action where a resident is harmed or suffers abuse.
(4) Where the person in charge is the subject of an incident, allegation or suspicion of abuse, the registered provider shall investigate the matter or nominate a third party who is suitable to investigate the matter.
(5) The registered provider shall ensure that where there has been an incident, allegation or suspicion of abuse or neglect in relation to a child the requirements of national guidance for the protection and welfare of children and any relevant statutory requirements are complied with.
(6) The person in charge shall have safeguarding measures in place to ensure that staff providing personal intimate care to residents who require such assistance do so in line with the resident’s personal plan and in a manner that respects the resident’s dignity and bodily integrity.
(7) The person in charge shall ensure that all staff receive appropriate training in relation to safeguarding residents and the prevention, detection and response to abuse.
(8) The person in charge shall ensure that where children are resident, staff receive training in relevant government guidance for the protection and welfare of children.
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paragraphs: (1) The registered provider shall ensure that the designated centre is operated in a manner that respects the age, gender, sexual orientation, disability, family status, civil status, race, religious beliefs and ethnic and cultural background of each resident.
(2) The registered provider shall ensure that each resident, in accordance with his or her wishes, age and the nature of his or her disability—
(a) participates in and consents, with supports where necessary, to decisions about his or her care and support;
(b) has the freedom to exercise choice and control in his or her daily life;
(c) can exercise his or her civil, political and legal rights;
(d) has access to advocacy services and information about his or her rights; and
(e) is consulted and participates in the organisation of the designated centre.
(3) The registered provider shall ensure that each resident’s privacy and dignity is respected in relation to, but not limited to, his or her personal and living space, personal communications, relationships, intimate and personal care, professional consultations and personal information.
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paragraphs: (1) The registered provider shall ensure that each resident is assisted and supported at all times to communicate in accordance with the residents’ needs and wishes.
(2) The person in charge shall ensure that staff are aware of any particular or individual communication supports required by each resident as outlined in his or her personal plan.
(3) The registered provider shall ensure that—
(a) each resident has access to a telephone and appropriate media, such as television, radio, newspapers and internet;
(b) where required, residents are facilitated to access assistive technology and aids and appliances to promote their full capabilities; and
(c) where required residents are supported to use assistive technology and aids and appliances.
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paragraphs: (1) The registered provider shall facilitate each resident to receive visitors in accordance with the resident’s wishes.
(2) The person in charge shall ensure that, as far as reasonably practicable, residents are free to receive visitors without restriction, unless—
(a) in the opinion of the person in charge, a visit would pose a risk to the resident concerned or to another resident, or
(b) where the resident has requested the restriction of visits; or
(c) in the case of a child, where the family/guardian or social worker has so requested; or
(d) a Court order has required the restriction of visits.
(3) The person in charge shall ensure that having regard to the number of residents and needs of each resident:
(a) suitable communal facilities are available to receive visitors, and,
(b) a suitable private area, which is not the resident’s room, is available to a resident in which to receive a visitor if required.
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paragraphs: (1) The person in charge shall ensure that, as far as reasonably practicable, each resident has access to and retains control of personal property and possessions and, where necessary, support is provided to manage their financial affairs.
(2) The person in charge shall ensure that, as far as reasonably practicable, residents can bring their own furniture and furnishings into the rooms they occupy.
(3) The person in charge shall ensure that—
(a) each resident uses and retains control over his or her clothes;
(b) each resident is supported to manage his or her laundry in accordance with his or her needs and wishes;
(c) where necessary, each resident’s linen and clothes are laundered regularly and returned to that resident; and
(d) each resident has adequate space to store and maintain his or her clothes and personal property and possessions.
(4) The registered provider shall ensure that he or she, or any staff member, shall not pay money belonging to any resident into an account held in a financial institution unless—
(a) the consent of the person has been obtained; and
(b) the account is in the name of the resident to which the money belongs; and
(c) the account is not used by the registered provider in connection with the carrying on or management of the designated centre.
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paragraphs: (1) The registered provider shall provide each resident with appropriate care and support in accordance with evidence-based practice, having regard to the nature and extent of the resident’s disability and assessed needs and his or her wishes.
(2) The registered provider shall provide the following for residents:
(a) access to facilities for occupation and recreation;
(b) opportunities to participate in activities in accordance with their interests, capacities and developmental needs; and
(c) supports to develop and maintain personal relationships and links with the wider community in accordance with their wishes.
(3) The registered provider shall ensure that, where children are accommodated in the designated centre, each child has—
(a) opportunities for play;
(b) age-appropriate opportunities to be alone; and
(c) opportunities to develop life skills and help preparing for adulthood.
(4) The person in charge shall ensure that—
(a) residents are supported to access opportunities for education, training and employment;
(b) where residents are in transition between services, continuity of education, training and employment is maintained;
(c) when children enter residential services their assessment includes appropriate education attainment targets; and
(d) children approaching school-leaving age are supported to participate in third level education or relevant training programmes as appropriate to their abilities and interests.
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paragraphs: (1) The registered provider shall appoint a person in charge of the designated centre.
(2) The post of person in charge shall be full-time and shall require the qualifications, skills and experience necessary to manage the designated centre, having regard to the size of the designated centre, the statement of purpose, and the number and needs of the residents.
(3) A person who is appointed as person in charge on or after the day which is 3 years after the day on which these Regulations come into operation shall have—
(a) a minimum of 3 years’ experience in a management or supervisory role in the area of health or social care; and
(b) an appropriate qualification in health or social care management at an appropriate level.
(4) A person may be appointed as person in charge of more than one designated centre if the chief inspector is satisfied that he or she can ensure the effective governance, operational management and administration of the designated centres concerned.