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The Health and Social Care Act 2008 (Regulated Activities) Regulations 2009

Draft Legislation:

This is a draft item of legislation and has not yet been made as a UK Statutory Instrument. This draft has been replaced by a new draft, The Health and Social Care Act 2008 (Regulated Activities) Regulations 2010 ISBN 978-0-11-149194-2

Safeguarding service users from abuse

This section has no associated Explanatory Memorandum

11.—(1) The registered person must make suitable arrangements to ensure that service users are safeguarded against the risk of abuse by means of—

(a)taking reasonable steps to identify the possibility of abuse and prevent it before it occurs; and

(b)responding appropriately to any allegation of abuse.

(2) Where any form of control or restraint is used in the carrying on of the regulated activity, the registered person must have suitable arrangements in place to protect service users against the risk of such control or restraint being—

(a)unlawful; or

(b)otherwise excessive.

(3) The registered person must have regard to any guidance issued by the Secretary of State or an appropriate expert body, in relation to—

(a)the protection of children and vulnerable adults generally; and

(b)in particular, the appropriate use of methods of control or restraint.

(4) For the purposes of paragraph (1), “abuse”, in relation to a service user, means—

(a)sexual abuse;

(b)physical or psychological ill-treatment;

(c)theft, misuse or misappropriation of money or property; or

(d)neglect and acts of omission which cause harm or place at risk of harm.

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