SOCIAL REGULATORY STANDARDS ON DAY CENTRE SERVICES FOR PERSONS WITH DISABILITY REGULATIONS

SERVICES FOR PERSONS WITH DISABILITY

SUBSIDIARY LEGISLATION 582.04

SOCIAL REGULATORY STANDARDS ON DAY

CENTRE SERVICES FOR PERSONS WITH

DISABILITY REGULATIONS

29th November, 2019

LEGAL NOTICE 323 of 2019.

The title of these regulations is the Social Regulatory

Standards on Day Centre Services for Persons with Disability

Regulations.

(Regulation 2)

STANDARD 1: CLIENTS’ RIGHTS

STANDARD STATEMENT

This standard promotes rights that assure dignity and respect

whilst preventing discrimination.

QUALITY INDICATORS

1. The service provider makes sure that the clients’ privacy is

respected and that they are not subjected to unnecessary

intrusion.

The service provider makes sure that clients are treated equally

with respect and dignity.

3. 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 programme 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 programme

upon a holistic assessment of the clients and with the direct

participation of the clients.

2. The service provider makes sure that the staff supports and

empowers clients to achieve objectives identified in the personal

support programme.

3. The service provider makes sure that the personal support

programme is reviewed regularly and updated as the clients’

SERVICES FOR PERSONS WITH DISABILITY

requirements change.

STANDARD

3

PARTICIPATION

AND

DECISION

MAKING

STANDARD STATEMENT

This standard promotes active participation of clients in

receiving day centre services and advocates and respects client’s

decisions and feedback.

QUALITY INDICATORS

1. The service provider assists the prospective clients in taking a

decision on whether to use the day centre service or not.

2. The service provider makes sure that the clients are given

enough time when they need to take a decision.

3. The service provider respects the decisions taken by the clients

and actively supports the clients when taking decisions.

These regulations by means of the Schedule, elevate the

Social Regulatory Standards on Day Centres 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 caused by intrinsic or extrinsic factors and has the

potential to cause physical or psychological harm to the clients

themselves or other persons around them;

"civil rights" means 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 day centre.

Clients may nominate person/s to be kept informed about the

clients’ personal affairs and take decisions or act on the clients’

behalf. With the exception of client personal financial

transactions, such persons cannot be part of the management or

staff of the service provider. Clients may also be assigned a

guardian by the Guardian Board in which case certain decisions

are taken by the guardian, according to the provisions of Title

IIIA of Part II of Book Second of the Code of Organization and

Civil Procedure.

"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;

"day centre" means a premises that has been purposely

built, or adapted to provide planned care and support for

persons with disability during the day time;

SERVICES FOR PERSONS WITH DISABILITY

"day centre services" means services that support and

safeguard the well-being of persons with disability outside of

their residence and during the day. These services focus and are

adapted to meet the client’s needs, abilities and preferences;

"holistic assessment" means the process in which staff

identifies 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 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 programme" means a document that is

planned and developed with the direct participation of the

clients and includes a holistic assessment of the clients that

specifies how the clients’ needs and aspirations are going to be

met as well as the resources required by the clients whilst using

the day centre service;

"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 day service 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 use the day service 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;

"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

SERVICES FOR PERSONS WITH DISABILITY

that operates a day centre and provides associated services to

persons with disability;

"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 encourages the clients to actively take part

in planning and participating in social and leisure activities.

The service provider makes sure that the clients have the

opportunity to review and give feedback on the day centre

services.

The service provider deals promptly and effectively with

situations causing concerns and complaints.

The service provider respects 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 makes sure that competent persons carry

out an evaluation of hazards and risks within the day centre.

2. The service provider makes sure that the clients are safe by

undertaking individualised risk assessments.

3. The service provider makes sure that the clients’ personal

belongings are held securely.

SERVICES FOR PERSONS WITH DISABILITY

4. The service provider makes sure that the clients are protected

and safeguarded from harassment, abuse and discrimination.

5. The service provider makes sure that the clients’ private space is

respected.

6. The service provider makes sure that the clients are provided

with nutritionally balanced meals according to their dietary and

health requirements.

7. The service provider makes sure 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: SERVICE PROVISION

STANDARD STATEMENT

This standard promotes formal client access and use of services

that meet the needs and wishes of the clients.

QUALITY INDICATORS

1. The service provider and clients enter into a written agreement

covering the conditions and costs of the services and care

offered.

2. The service provider offers services in key areas to the clients.

STANDARD 6: 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.