for Persons with Disability Regulations, 2019

L.N. 62 of 2019

SOCIAL CARE STANDARS AUTHORITY ACT

(CAP. 582)

Social Regulatory Standards on Respite 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

Standards on Respite Services for Persons with Disability Regulations

2019.

(Regulation 3)

Standard 1: Clients’ Rights

Standard Statement

This standard promotes rights that assure dignity and respect

whilst preventing discrimination.

Quality Indicators

1. The service provider supports the client to maintain

relationships and develop new relationships.

2. The service provider ensures that the clients’ privacy is

respected and the clients are not subjected to unnecessary

intrusion.

3. The service provider ensures that the clients are treated

equally with respect and dignity.

These regulations by means of the Schedule, elevate the

social regulatory standards on respite 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

''challenging behaviour'' means behaviour exhibited by

clients that is triggered by intrinsic or extrinsic factors and has

the potential to cause physical or psychological harm to the

clients themselves or others;

''civil rights'' mean rights conferred on persons by the laws

of Malta;

''client'' means a person with disability aged eighteen (18)

or over who enters into an agreement with a service provider to

make use of services offered by the respite service. A client may

nominate a person or persons to be kept informed about the

clients’ personal affairs, take decisions or act on the client’s

behalf. With the exception of client’s personal financial

transactions, such persons cannot be part of the management or

staff of the service provider;

''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

identify the needs and aspirations of the clients 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 disabilities;

''performance indicator'' means an active descriptor of what

service providers need to do to ensure service outputs that

support the quality indicators;

''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;

''personal support programme'' means a document that is

based on a holistic assessment of the client which specifies how

the client’s needs and aspirations are going to be met and also

includes the resources required by the client whilst living in the

residence;

''policies and procedures'' means documents released by

management that regulate how the residence should operate;

''prospective client'' means a person with disability aged

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

agreement with a service provider to temporarily live in the

residence and make use of services offered by the service

provider;

''quality indicator'' means a statement that sets out the

requirements to achieve compliance with a standard;

''residence'' means a building that has been purposely built,

or adapted to accommodate persons with disabilities on a

temporary basis;

''respite service'' means a short-term and temporary

accommodation offered to clients in a planned manner or in an

emergency situation. These services support and safeguard the

well-being of persons with disabilities and their care-givers/

family. Service provision shall focus on the person’s abilities,

preferences and requirements;

''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 respite

services to persons with disability on a temporary basis;

''staff'' means a person engaged by the service provider

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

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

compensated.

The service

provider

supports

clients

to

express

themselves.

Standard 2: Personal Support Programme

Standard Statement

This standard promotes the development, implementation and

review of the personal support programm with individual clients

to establish the care and support required and set objectives to

meet the clients’ needs and aspirations.

Quality Indicators

1. The service provider draws up the personal support

programm upon a holistic assessment of the clients and

with the involvement of the clients. All decisions taken are

recorded in the programme.

2. The service provider ensures that the staff supports and

empowers clients to achieve objectives identified in the

personal support programme.

3. The service provider ensures that the personal support

programme is reviewed regularly and updated as the

clients’ requirements change.

Standard 3: Participation and Decision Making

Standard Statement

This standard promotes active participation of clients in the

respite services and community, advocates and respects client’s

decisions and feedback.

Quality Indicators

1. The service provider ensures that the clients are given

enough time when they need to take a decision.

2. The service provider respects the decisions taken by the

clients and actively supports the clients when taking

decisions.

3. The service provider encourages the clients to actively take

part in planning and participating in social and leisure

activities.

4. The service provider ensures that the clients have the

opportunity to review and give feedback on the respite

services.

The service provider deals with situations causing concerns

and complaints promptly and effectively.

The service provider assists the prospective clients in

taking a decision on whether to use the respite service or

not.

The service provider will respect the choices of the clients

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 clients.

Quality Indicators

1. The service provider ensures that competent persons carry

out an evaluation of hazards and risks within the respite

service.

2. The service provider ensures the safety of the clients by

undertaking individualised risk assessments.

3. The service provider ensures that the clients’ personal

belongings are held securely.

4. The service provider ensures that the clients are protected

and safeguarded from harassment, abuse and

discrimination.

5. The service provider ensures that the clients’ private space

is respected.

6. The service provider ensures that the clients are provided

with a nutritionally balanced diet according to their dietary

and health requirements.

7. The service provider ensures that the clients are supported

in taking care of their holistic well-being.

The service provider supports and where necessary assists

the clients 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 clients.

Quality Indicators

1. The service provider will offer services in key areas to the

clients.

2. The service provider gives the clients 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 clients.

4. The service provider ensures that the clients 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 clients through a written agreement.

Quality Indicators

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

agreement with the clients covering the conditions of the

services and care offered.

2. The service provider ensures that prospective clients are

given a comprehensive document regarding all financial

costs of using the respite service.

3. The service provider ensures that the prospective clients

are given a comprehensive document regarding rights and

responsibilities of using the respite service.

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 clients.

2. The service provider implements transparent recruitment

strategies and plans for the continuous development of

staff.

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