with Disability Regulations, 2019

L.N. 18 of 2019

SOCIAL CARE STANDARS AUTHORITY ACT

(CAP. 582)

Social Regulatory Standards on Residential Services for Persons

with Disability Regulations, 2019

IN EXERCISE of the powers conferred by article 30(5) of the

Social Care Standards Authority Act, the Minister for the Family,

Children’s Rights and Social Solidarity, has made the following

regulations:-

The title of these regulations is the Social Regulatory Citation.

Standards on Residential Services for Persons with Disability

Regulations 2019.

(Regulation 2)

Standard 1: Residents’ Rights

Standard Statement

This standard promotes rights that assure dignity and respect

whilst preventing discrimination.

Quality Indicators

1. The service provider supports the residents to

maintain relationships and develop new relationships.

2. The service provider ensures that the residents’

privacy is respected and the residents are not subjected to

unnecessary intrusion.

3. The service provider ensures that the residents are

treated equally, with respect and dignity.

These regulations by means of the Schedule, elevate the Scope.

Social Regulatory Standards on Residential Services for Persons with

Disability, to the status of subsidiary legislation under the Social Care

Standards Authority Act.

In these regulations, unless the context otherwise requires

Interpretation.

"Challenging behaviour" means behaviour exhibited by

residents that is triggered by intrinsic or extrinsic factors and has

the potential to cause physical or psychological harm to the

residents themselves or other persons around them;

"Civil rights" means rights conferred on persons by the

laws of Malta;

"Competent person" means a person who is recognised as

capable and/or authorised to undertake specific activities in line

with applicable national legislation, standards or directives

issued by the applicable authorities;

"Holistic assessment" means the process in which staff

identifies the needs and aspirations of the residents in relation to

their health, personal, emotional, spiritual and psychological

care, protection and social networking, family support and what

services should be delivered to satisfy these needs and

aspirations;

"Management" means a person or persons who act on

behalf of the service provider to provide leadership to staff and

to oversee and control the proper functioning of the services

offered to persons with disability;

"Performance indicator" means an active descriptor of what

service providers need to do to ensure service outputs that

support the quality indicators;

"Personal support plan" means a document that is based on

a holistic assessment of the resident that specifies how the

resident’s needs and aspirations are going to be met and also

includes the resources required by the resident whilst living in

the residence;

"Person with disability" means a person who has prolonged

physical, mental, intellectual or sensory problems that when

these relate with various obstacles can interfere from fully and

effectively participating in society on equal basis as others, as

defined in Article 1 of the United Nations Convention on the

Rights of Persons with Disabilities;

"Policies and procedures" means documents released by

management that regulate how the residence should operate;

"Prospective resident" means a person with disability aged

eighteen (18) or over who is considering whether to enter into an

agreement with a service provider to live in the residence and

make use of services offered by the service provider;

"Residence" means a premises that has been purposely

built, or adapted to accommodate persons with disability on a

long term basis;

"Resident" means a person with disability aged eighteen

(18) or over who enters into an agreement with a service

provider to live in and make use of services offered by the

residence. Residents may nominate person/s to be kept informed

about the residents’ personal affairs and take decisions or act on

the residents’ behalf. With the exception of resident personal

financial transactions, such persons cannot be part of the

management or staff of the service provider;

"SCSA" means Social Care Standards Authority as

established by virtue of article 5 of the Social Care Standards

Authority Act;

"Service Provider" means a person who, or organisation

that provides and operates a residence and associated services to

persons with disability on a long term basis;

"Staff" means a person engaged by the service provider

wherein one of the person’s responsibilities is to provide resident

support or care, irrespective of whether or how the person is

compensated;

"Quality Indicator" means a statement that sets out the

requirements to achieve compliance with a standard.

The service provider supports residents to express

themselves.

Standard 2: Personal Support Plan

Standard Statement

This standard promotes the development, implementation and

review of the personal support plan with individual residents, to

establish the care and support required and set objectives to meet

the residents’ needs and aspirations.

Quality Indicators

1. The service provider draws up the personal support

plan upon a holistic assessment of the residents and with the

involvement of the residents. All decisions taken are recorded in

the plan.

2. The service provider ensures that the staff supports

and empowers residents to achieve objectives identified in the

personal support plan.

3. The service provider ensures that the personal support

plan is reviewed regularly and updated as the residents’

requirements change.

Standard 3: Participation and Decision Making

Standard Statement

This standard promotes active participation of residents in the

residence and community, advocates and respects resident’s

decisions and feedback.

Quality Indicators

1. The service provider ensures that the residents are

given enough time when they need to take a decision.

2. The service provider respects the decisions taken by

the residents and actively supports the residents when taking

decisions.

3. The service provider encourages the residents to

actively take part in planning and participating in social and

leisure activities.

4. The service provider ensures that the residents have

the opportunity to review and give feedback on the residential

The service provider deals promptly and effectively

with situations causing concerns and complaints.

The service provider assists the prospective residents

in taking a decision on whether to live in the residence or not.

The service provider will respect the choices of the

residents regarding nutrition and eating routines.

Standard 4: Protection and Safeguarding

Standard Statement

This standard promotes the physical, emotional and mental well

being as well as the safety of the residents.

Quality Indicators

1. The service provider ensures that competent persons

carry out an evaluation of hazards and risks within the residence.

2. The service provider ensures the safety of the

residents by undertaking individualised risk assessments.

3. The service provider ensures that the residents’

personal belongings are held securely.

4. The service provider ensures that the residents are

protected and safeguarded from harassment, abuse and

discrimination.

5. The service provider ensures that the residents’

private space is respected.

6. The service provider ensures that the residents are

provided with a nutritionally balanced diet according to their

dietary and health requirements.

7. The service provider ensures that the residents are

supported in taking care of their holistic well-being.

The service provider supports and where necessary

assists the residents to receive the medication they require in a

safe manner.

Standard 5: Information on Service Provision

Standard Statement

This standard promotes information to access and use services as

well as the identification of alternative services to meet the needs

and aspirations of the residents.

Quality Indicators

1. The service provider will offer services in key areas

to the residents.

2. The service provider gives the residents accurate

information regarding the physical environment and the

organisational setup of the residence.

3. The service provider has alternative plans in place in

case the services do not match the needs of the residents.

4. The service provider ensures that the residents are

informed on all available services and activities.

Standard 6: Service Agreement and Related Documentation

Standard Statement

This standard promotes the formal conditions of service

provision including the financial aspects and the rights and

responsibilities of the residents through a written agreement.

Quality Indicators

1. The service provider is bound to draw up a written

agreement with the residents covering the conditions of the

services and care offered.

2. The service provider ensures that prospective

residents are given a comprehensive document regarding all

financial costs of living in the residence.

3. The service provider ensures that the prospective

residents are given a comprehensive document regarding their

rights and responsibilities of living in the residence.

Standard 7: Service Quality Management

Standard Statement

This standard promotes service management based on continuous

improvement of service operations and staff development.

Quality Indicators

1. The service provider implements management

strategies to continuously improve service delivery to the

residents.

2. The service provider implements transparent

recruitment strategies and plans for the continuous development

of staff.

€0.54