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Care Standards Act 2000
Offences
Failure to comply with conditions. 24. If a person registered in respect of an establishment or agency fails, without reasonable excuse, to comply with any condition for the time being in force by virtue of this Part in respect of the establishment or agency, he shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.
Contravention of regulations. 25. - (1) Regulations under this Part may provide that a contravention of or failure to comply with any specified provision of the regulations shall be an offence.
(2) A person guilty of an offence under the regulations shall be liable on summary conviction to a fine not exceeding level 4 on the standard scale.
Protection of vulnerable adults
Basic definitions. 80. - (1) Subsections (2) to (7) apply for the purposes of this Part.
(2) "Care worker" means-
(a) an individual who is or has been employed in a position which is such as to enable him to have regular contact in the course of his duties with adults to whom accommodation is provided at a care home;
(b) an individual who is or has been employed in a position which is such as to enable him to have regular contact in the course of his duties with adults to whom prescribed services are provided by an independent hospital, an independent clinic, an independent medical agency or a National Health Service body;
(c) an individual who is or has been employed in a position which is concerned with the provision of personal care in their own homes for persons who by reason of illness, infirmity or disability are unable to provide it for themselves without assistance.
(3) "Care position", in relation to an individual, means a position such as is mentioned in subsection (2)(a), (b) or (c).
(4) "Employment" has the same meaning as in the Protection of Children Act 1999 (referred to in this Act as "the 1999 Act"); and references to an individual being employed shall be construed accordingly.
(5) "Supply worker"-
(a) in relation to an employment agency, means an individual supplied by the agency for employment in a care position or for whom the agency has found employment in a care position;
(b) in relation to an employment business, means an individual supplied by the business for employment in a care position.
(6) "Vulnerable adult" means-
(a) an adult to whom accommodation and nursing or personal care are provided in a care home;
(b) an adult to whom personal care is provided in their own home under arrangements made by a domiciliary care agency; or
(c) an adult to whom prescribed services are provided by an independent hospital, independent clinic, independent medical agency or National Health Service body.
(7) The persons who provide care for vulnerable adults are-
(a) any person who carries on a care home;
(b) any person who carries on a domiciliary care agency;
(c) any person who carries on an independent hospital, an independent clinic or an independent medical agency, which provides prescribed services; and
(d) a National Health Service body which provides prescribed services.
(8) Regulations for the purposes of this section or section 91, 93 or 103 may only be made by the Secretary of State; and before making any regulations for the purposes of this section or section 93 or 103 the Secretary of State shall consult the Assembly.
Effect of inclusion in list. 89. - (1) Where a person who provides care to vulnerable adults proposes to offer an individual employment in a care position that person-
(a) shall ascertain whether the individual is included in the list kept under section 81; and
(b) if he is included in that list, shall not offer him employment in such a position.
(2) Where a person who provides care to vulnerable adults discovers that an individual employed by him in a care position is included in that list, he shall cease to employ him in a care position.
For the purposes of this subsection an individual is not employed in a care position if he has been suspended or provisionally transferred to a position which is not a care position.
(3) Where a person who provides care to vulnerable adults ("the provider") proposes to offer employment in a care position to an individual who has been supplied by a person who carries on an employment agency or employment business, there is a sufficient compliance with subsection (1) if the provider-
(a) satisfies himself that, on a date within the last 12 months, the other person ascertained whether the individual was included in the list kept under section 81;
(b) obtains written confirmation of the facts as ascertained by that person; and
(c) if the individual was included in the list on that date, does not offer him employment in a care position.
(4) It is immaterial for the purposes of subsection (1) or (3) whether the individual is already employed by the provider.
(5) An individual who is included (otherwise than provisionally) in the list kept by the Secretary of State under section 81 shall be guilty of an offence if he knowingly applies for, offers to do, accepts or does any work in a care position.
(6) It shall be a defence for an individual charged with an offence under subsection (5) to prove that he did not know, and could not reasonably be expected to know, that he was so included in that list.
(7) An individual who is guilty of an offence under this section shall be liable-
(a) on summary conviction, to imprisonment for a term not exceeding six months, or to a fine not exceeding the statutory maximum, or to both;
(b) on conviction on indictment, to imprisonment for a term not exceeding five years, or to a fine, or to both.
Searches of list under Part V of Police Act 1997. 90. - (1) After subsection (3B) of section 113 of the Police Act 1997 (criminal record certificates) there shall be inserted-
"(3C) If an application under this section is accompanied by a statement by the registered person that the certificate is required for the purpose of considering the applicant's suitability to be employed, supplied to work, found work or given work in a position (whether paid or unpaid) within subsection (3D), the criminal record certificate shall also state-
(a) whether the applicant is included in the list kept under section 81 of the Care Standards Act 2000; and
(b) if he is included in that list, such details of his inclusion as may be prescribed.
(3D) A position is within this subsection if it is-
(a) a care position within the meaning of Part VII of the Care Standards Act 2000; or
(b) a position of such other description as may be prescribed." (2) After subsection (6A) of section 115 of that Act (enhanced criminal record certificates) there shall be inserted-
"(6B) If an application under this section is accompanied by a statement by the registered person that the certificate is required for the purpose of considering the applicant's suitability to be employed, supplied to work, found work or given work in a position (whether paid or unpaid) falling within subsection (3D) of section 113, the enhanced criminal record certificate shall also state-
(a) whether the applicant is included in the list kept under section 81 of the Care Standards Act 2000; and
(b) if he is included in that list, such details of his inclusion as may be prescribed."Access to list before commencement of section 90. 91. - (1) In relation to any time before the commencement of section 90, any person seeking to ascertain whether a relevant individual is included in the list kept under section 81 shall be entitled to that information on making application for the purpose to the Secretary of State.
(2) For the purposes of subsection (1) a relevant individual is-
(a) an individual to whom the person proposes to offer employment in a care position;
(b) an individual for whom the person proposes to find employment, or whom he proposes to supply for employment, in a care position; or
(c) an individual of a prescribed description who does not fall within paragraph (a) or (b).
Persons referred for inclusion in list under Protection of Children Act 1999. 92. - (1) Section 2(4) to (7) of the 1999 Act (referrals for inclusion in list of individuals who are considered unsuitable to work with children) shall, in the case of any reference under section 2, 2A or 2D of that Act, apply in relation to the list kept under section 81 as they apply in relation to the list kept under section 1 of that Act, but as if the reference in subsection (7)(b) to children were a reference to vulnerable adults.
(2) Section 2B of the 1999 Act shall apply in relation to the list kept under section 81 as it applies in relation to the list kept under section 1 of that Act, but as if the references in subsections (1)(c)(ii) and (5)(b) to children were references to vulnerable adults.
(3) But the Secretary of State may not by virtue of subsection (1) or (2) provisionally include an individual in the list kept under section 81, or confirm his inclusion in that list, unless he provisionally includes him in the list kept under section 1 of the 1999 Act or, as the case requires, confirms his inclusion in that list.
(4) Where an individual has by virtue of subsection (1) or (2) been included in the list kept under section 81, section 86 shall apply to him as if the references in subsections (3)(a) and (4) to a vulnerable adult were references to a child.
Power to extend Part VII. 93. - (1) The Secretary of State may by regulations-
(a) add to the list in section 80(7) any prescribed persons to whom subsection (2) applies;
(b) amend the definitions of "care worker", "care position" and "vulnerable adult" accordingly.
(2) This subsection applies to-
(a) local authorities providing services to adults in the exercise of their social services functions;
(b) persons who provide to adults services which are similar to services which-
(i) may or must be so provided by local authorities; or
(ii) may or must be provided by National Health Service bodies.
(3) In its application by virtue of subsection (1), this Part shall have effect-
(a) if the regulations so provide, as if "may" were substituted for "shall" in sections 82(1) and 83(1), and section 89 were omitted;
(b) with such other modifications as may be specified in the regulations.
The list kept under section 1 of the 1999 Act
Employment agencies and businesses. 94. - (1) In subsection (9) of section 2 of the 1999 Act (inclusion on reference to Secretary of State in list of individuals who are considered unsuitable to work with children)-
(a) for "This section" there shall be substituted "Subsections (1) to (8) and (10) of this section"; and
(b) for the words from "(a)" to "harm" there shall be substituted-
"(a) in subsection (1), for the words from "there is" to the end there were substituted the following paragraphs-
"(a) the organisation has decided not to do any further business with the individual on the grounds of misconduct (whether or not in the course of his employment) which harmed a child or placed a child at risk of harm; or
(b) the organisation has decided on such grounds not to find the individual further employment, or supply him for further employment, in a child care position;"" (2) After subsection (9) of that section there shall be inserted-
"(9A) Subsections (1) to (8) and (10) of this section shall have effect in relation to an organisation which carries on an employment business as if-
(a) in subsection (1)-
(i) for the words from "who" to "position" there were substituted the words "who has been supplied by the organisation for employment in a child care position"; and
(ii) paragraph (b) and the word "or" preceding it were omitted;
(b) for subsection (2)(c) and (d) there were substituted the following paragraph-
"(c) that the organisation has, on such grounds, decided not to supply the individual for further employment in a child care position." and
(c) subsections (3), (6)(b) and (8) were omitted."
Inclusion in 1999 Act list on reference by certain authorities. 95. - (1) After section 2 of the 1999 Act there is inserted-
"Power of certain authorities to refer individuals for inclusion in list. 2A. - (1) A person to whom this section applies may refer to the Secretary of State an individual who is or has been employed in a child care position if-
(a) on the basis of evidence obtained by him in the exercise of his functions under Part II of the Care Standards Act 2000 or Part XA of the Children Act 1989, the person considers that the individual has been guilty of misconduct (whether or not in the course of his employment) which harmed a child or placed a child at risk of harm; and
(b) the individual has not been referred to the Secretary of State under section 1 above in respect of the misconduct.
(2) The persons to whom this section applies are-
(a) the National Care Standards Commission;
(b) the National Assembly for Wales; and
(c) Her Majesty's Chief Inspector of Schools in England.
(3) Section 2(4) to (7) above shall apply in relation to a reference made by a person under subsection (1) above as it applies in relation to a reference made by an organisation under section 2(1) above.
(4) The reference in subsection (1) above to misconduct is to misconduct which occurred after the commencement of this section."
(2) In section 1(2)(a) of that Act (duty of Secretary of State to keep list), after "2" there is inserted "or 2A".
(3) For the sidenote to section 2 of that Act there is substituted "Inclusion in list on reference following disciplinary action etc.".
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