CARE STANDARDS ACT 2000 
Regulation 26 
Domiciliary Care Agencies (Wales) Regulations 2004 
NOTIFICATION OF SERIOUS INJURY AND OTHER INCIDENTS 
Mae'r ffurflen hon hefyd ar gael yn Gymraeg / This form is also available in Welsh

GUIDANCE - COMPLYING WITH NOTIFICATION REQUIREMENTS 
NOTIFICATION OF INCIDENTS 
Regulation 26 of the Domiciliary Care Agencies (Wales) Regulations 2004 places a duty on registered persons to notify the Care Inspectorate Wales of the occurrence of the following events: 

•	Any serious injury sustained by a service user in the agency premises or while a domiciliary care worker is attending to the service user for the purposes of the provision of personal care; 

•	Any incident which – 

i.	occurs in the agency premises or while a domiciliary care worker is attending to the service user for the purposes of the provision of personal care, and 
ii.	is reported to, or investigated by, the police; and 

•	Any allegation of misconduct by the registered person or any person who works for the purposes of the agency 

The registered person shall ensure that the persons working for the agency are required to inform the registered person without delay of any of the incidents described above.
 
The aim of this guidance is to help registered persons comply with Regulation 26. It sets out lists of the type of circumstances which Care Inspectorate Wales considers would fall within the events specified by the Regulation. The lists are however not exhaustive and registered persons are encouraged to notify the local office of the Inspectorate of any incident which they may feel requires notification.
 
The notification to CIW should be within 24 hours of the registered person being informed, or otherwise becoming aware, that such an incident has taken place. 

Any oral notification given in accordance with this regulation must be confirmed in writing within 48 hours to CIW. A contravention of Regulation 26 is a criminal offence. 

According to the nature of the incident registered persons are reminded of the need to consider notifying other authorities. Particularly there is a requirement to report certain incidents under the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 1995 whose website is found at  www.hse.gov.uk/riddor (Tel: 0845 3009923). Consideration will have to be given to notifying the Police or Local Authority in appropriate circumstances. 

Examples of serious injury 
• Fractures 
• Head injury 
• Dislocation of the shoulder, hip, knee or spine 
• Chemical or any penetrating injury to the eye 

• Injury resulting from an electric shock or electrical burn leading to unconsciousness or requiring resuscitation or treatment in hospital 
• Any other injury leading to hypothermia, heat induced illness, burns, unconsciousness, requiring resuscitation or requiring treatment in hospital 
• Unconsciousness caused by asphyxia or exposure to harmful substance or biological agent 

Examples of serious incidents which should be reported to the police 
• Burglary 
• Theft 
• Fraud 
• Assault 
• Fire/Arson 

•	Any allegation of misconduct by the registered person or any person who works at the agency 

This includes any allegation of inappropriate care or behaviour contrary to the Social Care Wales’ Code of Practice.  
CIW must know when medication errors occur in domiciliary care services - particularly if medication is missed or the wrong medication is given. Whilst Regulation 26 does not directly reference medication errors, failure to administer medication should be considered as a potential ‘misconduct’ issue (ref Reg 26 (2)(c)) and we expect each single error to be reported to us. 
Where there is any allegation of inappropriate care reference should also be made to adult and children Safeguarding procedures 

Attached: 
Regulation 26 – ‘General’ Notice Form 

Care Inspectorate Wales 
Regulation 26 Notification 
Please ensure that this form is completed clearly in block capitals. 
An extra sheet of paper is included for your use if required.
Please indicate which of the following notification is relevant:
•	serious injury sustained by a service user in the agency premises or while a domiciliary care worker is attending on the service user for the purposes of the provision of personal care
•	an incident which has occurred in the agency premises and has been reported to, or is, or has been investigated by the police
•	an incident which has occurred while a domiciliary care worker was attending to the service user for the purposes of the provision of personal care and which has been reported to, or is or has been investigated by, the police
•	an allegation of misconduct by the registered person or any person who works for the purposes of the agency	√	

	

	

	

Where did the incident take place?	√	
Service user’s own home:

Agency Office:
		
Other Location: (please specify)
     		

Name and Address of Agency: 
     
	If Applicable – Name of Service User:
     	
Tel No:      	Date of Birth:      	

Nature of incident being reported; location of incident within (or outside of) building; how and when registered persons became aware (date and time); action taken:
     

(Please continue on additional sheet if required)	
Name and designation of person reporting this event:      

Name and address of any witness to the event (where relevant):       

	

Did this result in:
	Yes	No	N/A	
Treatment at A/E:				
Hospital admission:				

Who else has been notified of this injury/incident: (e.g. Police, Local Authority, , RIDDOR)      

	

If allegation of misconduct - Name(s) and Professional Status of person(s) against whom allegation made:
     

	State further action to be taken:
     

Name of Person Completing this form:
	     

Designation:
	     
	Date:	     

Signature::	     

(Please note: where the completed form is submitted electronically it is not necessary to provide an additional ‘hard copy’ of the signature sheet).

Care Inspectorate Wales 
Declaration
In providing this information I understand that:
•	CIW will use the information I have provided to update any records they hold.
•	CIW will retain this information only where it is necessary for them to carry out their role; that it is stored securely and that it is only kept for as long as  necessary, in line with their records retention schedule.
•	CIW will share information with other organisations where required to do so by legislation or by the Courts where it is necessary and they are satisfied that this is in accordance with the terms of the Data Protection Act 1998.
•	CIW will use the information collected to prepare statistical analyses (from which individuals cannot be identified), to provide information to Welsh Ministers, which will help them make decisions relating to policy changes and to maintain a public register of registered persons.

I am aware that I can find further information on why CIW collect personal information and how they will use it via their website.
Completed forms will often contain personal information and require adequate protection. Therefore forms should only be submitted using one of the following methods:-
•	By secure email to a CIW office:

•	North Wales –  	 CIW-Notifications-North@Wales.GSI.Gov.UK 
•	South East Wales –  CIW-Notifications-SouthEast@Wales.GSI.Gov.UK 
•	South West Wales – CIW-Notification-SouthWest@Wales.GSI.Gov.UK 

•	By Recorded Delivery to a CIW office:

Care Inspectorate Wales,    Government Buildings,
Sarn Mynach,
Llandudno Junction
LL31 9RZ                      Fax: 0872 437 7301	Care Inspectorate Wales, 
Welsh Government Building,
Rhydycar Business Park
Merthyr Tydfil
CF48 1UZ
Fax: 0872 437 7302	Care Inspectorate Wales         
Government Buildings
Picton Terrace
Carmarthen
SA31 3BT
Fax: 0872 437 7303	
Important: Completed forms should not be sent directly to CIW staff.

Care Inspectorate Wales 
Regulation 26 Notification 
Please use this sheet if you require extra space to provide the information required.