The current regime in relation to the regulation of the social care workforce in Wales is comprised of provisions in Part IV of the Care Standards 2000 Act (CSA 2000) (sections 54 to 71), and accompanying rules, regulations, directions and guidance made under those provisions.
The Care Council for Wales
Part IV of CSA 2000 provides for the creation of a body corporate to be known as the Care Council for Wales.
Its duty is to promote in relation to Wales:
(a) high standards of conduct and practice among social care workers; and
(b) high standards in their training (section 54(3))
The constitution of the Council, its powers and duties are set out in Schedule 1 to the 2000 Act and regulations made under it: The Care Council for Wales (Appointment, Membership and Procedure) Regulations 2001 (SI 2001/2136) and Care Council for Wales (Appointment, Membership and Procedure) (Amendment) Regulations 2012 (SI 2012/3023).
The definition of social care workers is set out in section 55 of CSA 2000. Social worker means a person who:
(a) Engages in relevant social work (social workers)
(b) Is employed at a children’s homes, care home or residential family centre or for the purposes of a domiciliary care agency, a fostering agency, a voluntary adoption agency or an adoption support agency;
(c) Manages a home, centre or agency of a kind mentioned in paragraph (b) above; or
(d) Is supplied by a domiciliary care agency to provide personal care in their own homes for persons who by reasons of illness, infirmity or disability are unable to provide it for themselves without assistance.
Regulations may provide that persons of other descriptions set out in section 55(3) shall be treated as social care workers. Regulations made under sections 55(3):
- Care Standards Act 2000 (Extension of Meaning of “Social Care Worker” (Wales) Regulations 2002 (SI 2002/1176)
- Care Standards Act 2000 (Extension of Meaning of “Social Care Worker”) (Wales) Regulations 2004 (SI 2004/711)