Guide to registration: Regulation and Inspection of Social Care (Wales) Act 2016

1.1 The purpose of registration 

As the regulator of social care in Wales, one of Care Inspectorate Wales’ (CIW) core functions is to ensure that only those people who are judged to be fit and are likely to provide good quality care are registered to do so.

The registration process acts as a gatekeeper for those wishing to provide a regulated service and is the first step in how we protect people who use services from receiving poor care. 

The register we keep provides a public record of those involved in providing care services in Wales and the individuals associated with them. 

This guidance sets out our approach to registration, including the principles and processes we follow when using our powers under the Regulation and Inspection of Social Care (Wales) Act 2016 (“the Act”).

The way we work, in line with our values, is guided by the following principles:

Putting people first: the voice and well-being of people are at the heart of our work underpinned by a rights-based approach.

• We champion people’s rights and seek feedback from people about their experience and the outcomes it helps them achieve. This includes people using social care and childcare services, their families and staff working in them. 
• We proactively seek feedback using social media campaigns and continue to encourage staff to speak up to share positive practice and issues of concern. 
• This informs our inspection planning and feeds into our wider intelligence gathering. 

Being intelligence-led: our work is informed by data and intelligence.

• We collate, analyse and share our data and intelligence. This informs our inspection activity and also enables us to understand trends and themes to inform the wider Welsh Government and partner approaches.

Being risk based and responsive: we take a planned, risk based, proportionate and timely approach to our work.

• We prioritise inspection activity based on analysis of risk. This ensures we are proportionate in securing improvement where it is needed most.

Working collaboratively: we to listen, share information and work collaboratively.

• We recognise the importance of positive relationships and trust. Through our regular meetings with Welsh Government, local authorities, health boards and representative groups we will share information about what is working well and concerns. Coordination of activity will help to reduce duplication for social care and childcare services. 
• We also work collaboratively with other inspectorates to develop inspection activity that takes a systems approach, recognising the importance of all parts of the system working well together. 

Supporting improvement and innovation: we use our knowledge and powers to support social care and childcare services to improve and encourage new ways of working.

• We actively communicate to share learning and positive practice. 

Reflecting and learning: we take time to reflect and learn from all aspects of our work, and to adjust our approach where necessary.

• Across all areas of our work, we have adapted to new and flexible ways of working and will continue to test new ways of working. We will seek feedback from key stakeholders about what is working well and where we can improve.
• Upholding the rights of people is at the heart of our work. We take account of the objectives of the United Nations Convention on the Rights of the Child (UNCRC) and the Welsh Government’s ‘Children’s Rights Scheme’, which are enshrined in the Rights of Children and Young Persons (Wales) Measure 2010 and the Declaration of Rights for Older People in Wales (2014). 
• The relevant articles of the UNCRC, the European Convention of Human Rights, the Human Rights Act 1998 and the Equality Act 2010 are embedded within our inspection frameworks. Inspectors will consider how providers promote people’s rights, to ensure children and adults have a voice, are safe, treated with respect and helped to develop their full potential. 

More than just words

More than just words is Welsh Government’s strategic framework for promoting the Welsh language in health and social care published in 2016.

Everyone who works in social care can make a difference by asking themselves “What can I do to help improve Welsh language provision and promote Welsh culture?”

The Role of CIW in promoting Welsh language and culture:-

At the point of application all care providers should include information on the level of Welsh language service provision in their Statement of Purpose.

During the fit person interview with Responsible Individuals, we will want to know as leaders how they intend to promote Welsh language and culture in the service.

1.2 Glossary of terms

We have used the following terminology frequently throughout this guidance: 

• “Service provider” – this refers to the legal entity registered to provide a regulated service under the Regulation and Inspection of Social Care (Wales) Act 2016. 
• “Regulated service(s)” – this refers to any of the types of services defined under the Act, such as a care home service or domiciliary support service. The full list of regulated services is set out at Annex 11 of this guidance.
• “Service(s)” – this refers to an individual service. For care homes this would be a care home, carried out at a specific place, such as Suncare Care Home, Cardiff. For domiciliary support services this would be an individual service, carried out in a specific area, such as Suncare Domiciliary Support Service Cwm Taf. 
• “Legal entity” – this means an individual or organisation that has legal rights and obligations. 

For a full Glossary of our terms, please see Annex 20.

Any person providing a “regulated service” under the Act is required to register with us. The regulated services are:

• Care home services. 
• Secure accommodation services.
• Residential family centre services.  
• Domiciliary support services.
• Adoption services.
• Fostering services.
• Adult placement services; and 
• Advocacy services. 
• Special School Residential Services.

The definitions of the regulated services are set out under Schedule 1 of the Regulation and Inspection of Social Care (Wales) Act 2016 and at Annex 11 of this guidance.

Before submitting an application to register a regulated service, a provider should consider the definitions and exemptions set out below.

N.B. From 1 April 2026, the Act is amended by the Health and Social Care (Wales) Act 2025. From this date only local authorities and providers operating as one of the Welsh Government’s four approved not‑for‑profit legal entities, whose objects and purposes are for the welfare of children, may apply to register to provide children’s home services, fostering services or secure accommodation services. These will collectively be known as ‘restricted children’s services.

2.1 Care home services

A care home service provides accommodation, together with nursing or care, to an individual(s) because of their vulnerability or need. 

“Care” means the day to day physical tasks and needs of a person being cared for and the mental processes associated with those tasks or needs, for example eating, washing and administering medication and remembering to eat, wash and take medication. Our Practice Note on the interpretation of Care and Support at Annex 1 sets out some of the activities likely to fall into the definition of care within a care home. 

“Nursing” is not defined in the Act, but in this context means the provision of care, or the planning, supervision or delegation of the provision of care by a registered nurse as part of a plan prepared for an individual receiving care, by either a local authority, health board or service provider. 

A service providing accommodation and support only, does not meet the definition of a care home service. Our Practice Note on the interpretation of Care and Support at Annex 1 sets out some of the activities likely to fall into the definition of support and therefore outside the definition of a care home service. 

Schemes often referred to as “supported living” or “extra care”, are not required to register as a care home service, as long as the care is provided under separate contractual arrangements to those for the person’s housing. We will need to consider these arrangements carefully to ensure registration as a care home service is not required. The provider of the care and support will need to consider whether they are required to register as a domiciliary support service. 

Our Care Home Service Decision Tree at Annex 2 of this guidance sets out some of the factors to be considered when determining whether a service falls within the definition of a Care Home Service. 

Children’s care home services

From 1 April 2026 changes to the Act create a very important distinction between providers who provide a care home service at places where the service is provided for adults and those who provide the service at places where it is provided for children. 

As of 1 April 2026, the service subtype “Adults and Children’s care home” will cease to exist in CIW. Providers will have to declare, for each individual place where they provide a care home service, whether they are a

• Care home for children – children’s home service (wholly or mainly for children (0-17) or
• Care home for adults - intend to provide services mainly to adults (18 years or over)

Providers of care homes for both adults and children will still be able to offer care and support to both adults and children in the same place. However the balance of that cohort of people will be key to deciding which type of services the provider is operating and whether or not the service  is a restricted children service subject to the changes in the Act brought about by the Health and Social care (Wales) Act 2025.

Providers will use their Statement of Purpose to describe the range of needs the service will provide. 

Example 1

A service intending to provide a care home wholly or mainly for children, but who may also have some young adults will be categorised as a Care home for children and will choose the range of needs they provide for including ‘care and support for children with some younger adults (up to age 25)’

Example 2 

A service intending to provide a care home mainly to adults, but who may also have some children will be categorised as a Care home for adults and will choose the range of needs they provide for including ‘care and support for some children.’

CIW have published a policy for how we will monitor these arrangements and take action when they are not adhered to: Policy on requirements for care home services that look after children and adults at the same place (HTML document) | Care Inspectorate Wales

Exemptions

• Hospitals and other regulated services, such as residential family centres, secure accommodation services and accommodation arranged as part of an adult placement service do not constitute a care home service. Where nursing care is provided and the accommodation belongs to an NHS Trust, Local Health Board or Welsh Ministers for the purposes of their functions under the National Health Service (Wales) Act 2006, this is exempt from registration. 
• Short breaks for adults (aged 18 or above) where accommodation and nursing or care is being provided for less than 28 days in any 12 month period are exempt. This means the service cannot be operational for 28 days or more over any 12 month period. The 28 days can either run consecutively or be made up of a number of periods over 12 months, which in total are less than 28 days.
• Schools are exempt from the definition of a care home service, unless they provide or intend to provide accommodation, together with nursing or care, to at least one child for 295 days or more in any 12 month period that falls within 24 months (paragraph 1(3) of Schedule 1 to the Act)

If a school already meets the “care home service at a school” definition it will not automatically be a “children’s home service.”

Under new paragraph 1(3A) of Schedule 1, that school becomes a children’s home service only if it accommodates more children who are “looked after children” than children who are not looked after children by days, measured over any 12‑month period within the last 24 months or if it intends to accommodate more looked after children in any 12 month period within the next 24 months. If it doesn’t predominantly accommodate looked after children, it remains a care home service but not a children’s home service. Since “children’s home services” are one of the “restricted children’s services” under new section 2A, this provision controls when residential schools fall into the restricted children’s service category.

• Universities and the further education sector are exempt from the definition of a care home service unless they provide accommodation, together with care, to more than 10% of all of the students in receipt of education and accommodation. 

We will normally judge this by considering student numbers over 12 months, rather than just on a single day.

An institution within the further education sector means an institution conducted by a further education corporation, or an institution designated as such by an order of the Secretary of State for Education.

Accommodation together with nursing or care provided in the course of a family or personal relationship for which there is no financial gain is exempt from the definition of a care home service. A family or personal relationship is defined as: 

1. a family relationship includes a relationship between two persons who—
   1. live in the same household, and
   2. treat each other as though they were members of the same family.
2. a personal relationship is a relationship between or among friends.
3. a friend of a person (A) includes a person who is a friend of a member of A’s family.

This includes any care and support provided to a child by a parent, relative or foster carer.

A child minding or children’s day care service, registered with us under the Part 2 of the Children and Families (Wales) Measure 2010 only falls within the definition of a care home service if, over a 12 month period, there are 28 or more occasions when care is provided to any one child for an excess of 15 hours during a 24 hour period. This exemption does not apply if the service is provided wholly or mainly for disabled children. Various services associated with the criminal justice system are exempt from registration, such as approved bail hostels, approved probation hostels or an institute for young offenders. 

Where accommodation and care is provided to children aged 16 and over for the purpose of enabling training or an apprenticeship this is exempt from the definition of a care home service. This exemption does not apply if the service is provided wholly or mainly for disabled children.

Accommodation and care being provided to children for the purposes of a holiday, or leisure, recreational, sporting, cultural or educational activity is exempt from the definition. This exemption does not apply in the following scenarios: 

• Where the service is provided wholly or mainly for disabled children unless the Service Provider has notified the Welsh Ministers of the arrangements in advance; or
• The service is being provided to any one child for more than 28 days in a 12 month period, unless the accommodation is only being provided to children over the age of 16.

Where a person provides accommodation and care to a child or sibling group in the person’s own home for no more than 28 days in a 12 month period, this is exempt from registration. 

Local Authority Intermediate Care Services

A Local Authority intermediate care service is not a “Care Home Service” under the Act. A Local Authority intermediate care service is the provision of accommodation, together with nursing or care, to adults.

This exception does not apply unless -

• the Local Authority is solely responsible for providing the intermediate care, and
• the intermediate care is provided for no more than sixteen weeks at a time to any one adult.

2.2 Secure accommodation services

A “secure accommodation service” is the provision of accommodation for the purpose of restricting the liberty of children at residential premises in Wales where care and support is provided to those children.

There are no exemptions from this definition. From 1 April 2026 this type of service will be defined as a restricted children’s service.

2.3 Residential family centre services

A residential family centre consists of accommodation, provided to children and their parents where: 

(a) the parents’ capacity to respond to the children's needs and to safeguard their well-being is monitored or assessed, and

(b) the parents are given such care and support as is thought necessary.

In this context “parent” refers to any person who is looking after the child. 

Exemptions

The accommodation being provided is being provided to children and their parents in a hospital, hostel or domestic violence refuge.  

The accommodation and other services and facilities are primarily being provided to the adults and the fact that those individuals are accompanied by their children is incidental to the main purpose of the accommodation.

2.4 Domiciliary support services

A domiciliary support service consists of the provision (or making arrangements for the provision) of care and support to people who are unable to provide it for themselves because of their vulnerability or need and is provided to the person where they live. This does not include the need for care and support which arises solely because of a person’s young age. 

This regulated service includes the provision of supported living and extra care housing. Providers of these types of services must ensure that the contractual arrangements they have in place with individuals using their services are separate from any contractual arrangements in relation to the accommodation provided. 

“Care” means the day to day physical tasks and needs of a person being cared for and the mental processes associated with those tasks or needs, for example eating, washing and administering medication and remembering to eat, wash and take medication. 

“Support” means counselling, advice or other help, provided as part of a plan prepared for the person receiving support by either a local authority, service provider or other person providing care and support to the person. This includes support with tasks such as shopping and cleaning. 

Our Practice Note on the interpretation of Care and Support at Annex 1 sets out some of the activities likely to fall into the definitions of care and support. A service providing only support will be exempt from the definition of a domiciliary support service. 

Our Domiciliary Support Service Decision Tree at Annex 3 of this guidance sets out some of the factors to be considered when determining whether a service falls within the definition of a Domiciliary Support Service. 

Domiciliary support service providers must indicate the geographical area in which they intend to provide the service when they apply to register. These geographical areas follow the Regional Partnership Board footprints and can be found at Annex 5. Each geographical area will become a condition of your registration and an individual service for the purposes of inspection. 

Exemptions 

Services which consist of the provision of registered nurses to individuals where they live are not required to register as a domiciliary support service. 

The provision of nursing care by a registered nurse is exempt from the definition. 

Where a Local Health Board provides care and support to individuals as part of meeting their nursing care needs, this is does not require registration. 

Personal Assistants are exempt from registration on the basis that they work solely under the direction and control of the person receiving care or a related third party. A related third party means:

1. an individual with parental responsibility for a child receiving care and support; 
2. an individual with power of attorney or other lawful authority to make arrangements on behalf of the individual receiving care and support; 
3. a group of individuals mentioned in either (a) or (b) who are making arrangements on behalf of no more than four named individuals receiving care and support; 
4. a trust established for the purpose of providing services to meet the care and support needs of a named individual. 

Personal Assistant Agencies (including co-operative arrangements) are exempt providing they act solely to introduce individuals who provide a domiciliary support service to individuals who may wish to receive it, but have no ongoing role in the direction or control of the care and support provided. For more information on how we assess this, see our guidance on “Ongoing direction or control of care and support in Domiciliary Support Services” at Annex 4.

Services that solely provide registered nurses to carry out nursing activities to individuals in their own homes are exempt from registration. 

A service that provides care and support to four or fewer named individuals at any one time is exempt from registration. This includes co-operatives which employ carers to provide care and support to four or fewer named individuals. 

Services that provide support only are not domiciliary support services. However, if support is provided as part of a wider package which includes the provision of “care” this does not fall within the exemption.

Care and support provided in the course of a family or personal relationship for which there is no financial gain is excluded from the definition of a domiciliary support service. A family or personal relationship is defined as: 

1. a family relationship includes a relationship between two persons who—
2. live in the same household, and
3. treat each other as though they were members of the same family;
4. a personal relationship is a relationship between or among friends;
5. a friend of a person (A) includes a person who is a friend of a member of A’s family.

This includes any care and support provided to a child by a parent, relative or foster carer.

Employment agencies that supply carers to other regulated services registered with us are exempt from registration.

A person managing a prison or other similar custodial establishment is exempt from the definition if they are providing care and support to the individuals detained there. However, if care and support is being provided to detained individuals by a domiciliary support service, this service will be required to register with us.

2.5 Fostering Services 

A Fostering Service is the provision of any service provided in Wales, by any person other than a local authority, which includes: 

• the placement of children with local authority foster parents, or 
• exercising functions in connection with such placement 

A “local authority foster parent” means a person authorised in accordance with Regulations providing for the approval of local authority foster parents made under the Social Services and Well-being (Wales) Act 2014 or the Children Act 1989. 

There are no exemptions from this definition. From 1 April 2026 this type of service will be defined as a restricted children’s service.

2.6 Adoption Services

An Adoption Service is service provided in Wales by either: 

• a not for profit organisation which is an “adoption society”, or 
• an “adoption support agency” 

The definition of both an adoption society and an adoption support agency is set out within the Adoption and Children Act 2002. 

An “adoption society” is a body whose functions consist of or include making arrangements for the adoption of children. 

An “adoption support agency” means an undertaking to provide adoption support services, such as:

• the provision of counselling, advice and information;
• assistance to adoptive parents, adoptive children, and related persons in relation to arrangements for contact between an adoptive child and a birth parent or a related person of the adoptive child;
• services that may be provided in relation to the therapeutic needs of a child in relation to the child's adoption;
• assistance for the purpose of ensuring the continuance of the relationship between a child and the child's adoptive parent, including—
  • training for the adoptive parent for the purpose of meeting any special needs of the child arising from that adoption, and
  • respite care*;
• assistance where disruption in an adoption arrangement or placement has occurred or is in danger of occurring, including—
  • mediation, and
  • organising and running meetings to discuss disruptions in adoptions or placements;
• assistance to adopted persons who have attained the age of 18 in obtaining information in relation to their adoption or facilitating contact between such persons and their relatives**;
• assistance to relatives of adopted persons who have attained the age of 18, in obtaining information in relation to that adoption or facilitating contact between such persons and the adopted person;
• services to enable groups of adoptive children, adoptive parents and birth parents or former guardians of an adoptive child to discuss matters relating to adoption.

* “Respite care” that consists of the provision of accommodation must be accommodation provided by or on behalf of a local authority under section 81 of the Social Services and Well-being (Wales) Act 2014 or by a voluntary organisation under section 59 of the Children Act 1989. 

** "Relative” means any person who but for their adoption would be related to the adopted person by blood, including half blood or marriage.

Exemptions

The provision of a service in relation to adoption by a lawyer, in the course of a legal activity is exempt.  

Services enabling groups of people to discuss matters relating to adoption are not required to register. The people taking part in these groups may be adoptive children, adoptive parents and birth parents or former guardians. 

Respite care provided to an adoptive child or adoptive parent by a care home service or domiciliary support service registered under the Regulation and Inspection of Social Care (Wales) Act 2016 is exempt. 

The provision of respite care to an adoptive child by a child minder or day care provider registered under the Children and Families (Wales) Measure 2010 is exempt. 

An individual providing adoption support services under contract with a regulated adoption service or a local authority adoption service is not required to register. 

The following bodies/persons are exempt: 

• local authorities.
• the National Health Service Commissioning Board.
• a Health Authority or Local Health Board; and
• the Registrar General

2.7 Adult Placement Services 

An adult placement service is carried on for the purposes of placing adults with an individual in Wales under a carer agreement. A carer agreement means an agreement for an individual to provide accommodation (at their home) together with care and support to up to three adults. 

An adult placement service includes any arrangements for the recruitment, training and supervision of such individuals.

There are no exemptions from this definition.

2.8 Advocacy Services 

An Advocacy Service is carried on for the purpose of representing the views of children or persons in relation to the following:

• children who make or intend to make representations to local authorities under s.174 of the Social Services and Well-Being (Wales) Act 2014, or
• persons who intend to make representations to local authorities under s.176 of the Social Services and Well-Being (Wales) Act 2014, or
• assisting them to represent their views in relation to their needs for care and support. 

Exemptions

The provision of a service by a lawyer, in the course of a legal activity, is exempt from registration. 

Assistance provided in relation to family proceedings by a Welsh family proceedings officer (CAFCASS) is exempt from the definition. 

Assistance provided by the Children’s Commissioner for Wales or by a member of it staff is exempt.  

A person who has not provide and does not intend to provide advocacy to more than 4 people within any 12 month period is not required to register. 

Advocacy provided by a relative or friend of the person on whose behalf representations are made or are intended to be made is exempt. A relative means a parent or other person with parental responsibility, brother, sister, uncle or aunt (whether by marriage or civil partnership), grandparent, step-parent, foster parent or prospective adopter with whom the child is placed. 

2.9 Special School Residential Services

A special school residential service is the provision of accommodation together with care or nursing at a special school in Wales for pupils of the school.

Exemptions

But accommodation together with care or nursing provided at a special school in Wales for pupils is not a special school residential service if it is provided at—

• a place where a care home service is provided,
• a place where a secure accommodation service is provided
• a hospital. 

Please see Annex 12 for further information on Exemptions.

There are a variety of different legal entities that can register to provide a service. 

If a provider is not a local authority, then to be registered in respect of a restricted children’s service it must be one of the following types of entity: 

• Charitable company limited by guarantee without share capital.
• Charitable incorporated organisation.
• Charitable registered society (often called community benefit society).
• Community interest company limited by guarantee without share capital.

For these four models, surpluses must be reinvested and no dividends paid to members or shareholders.

The application form provides a list of legal entities from which providers must indicate the type of legal entity they are registering. This list is set out below.

3.1 Individual 

An individual may register to provide a regulated service as a sole trader. Registration as a service provider is in the individual’s own name. 

3.2 Corporate Bodies 

Limited Company

A limited company is a type of business structure that is a legal entity in its own right. Limited companies may be limited by shares or by guarantee and must be registered with Companies House. In both cases the company can enter into contracts in its own name and is responsible for its own actions, finances and liabilities. 

A limited company must have at least one director. 

Where a company is a subsidiary of a parent or holding company, it is the legal entity responsible for providing the service must register with us. For example, this must be the company that enters into contracts with commissioners and individuals using the service, employs staff and holds a policy of insurance in respect of the service being provided. 

Public Limited Company (“PLC”)

A PLC is a type of limited company whose shares can be freely bought and sold by the public. A PLC must be registered with Companies House and must have at least two directors and a secretary. 

Limited Liability Partnerships (“LLP”)

A LLP is a body corporate and a legal entity separate from its members. A LLP is incorporated by registration at Companies House.

The members of a LLP are those that sign up to the incorporation document and any others who have subsequently become members by agreement with the existing members.

Charitable Company

A charitable company is registered both at Companies House (as a company) and with the Charity Commission as its own legal entity. By having corporate status a charitable company can enter into contracts in its own name and is responsible for its own actions, finances and liabilities. As a limited company, the charity will have directors and members. 

Charitable Incorporated Organisation (“CIO”)

CIOs are charitable organisations with their own legal identity. They are able to enter into contracts in their own name and have limited liability, which protects members and trustees from financial losses. CIOs are registered with the Charity Commission. 

There are two types of governance structure for CIOs: 

• Foundation CIO – the only members of the organisation are the trustees.
• Association CIO – this organisation has members and trustees. 

Charitable Registered Society

This legal entity is often called a “Charitable Community Benefit Society”. This is a membership run, community benefit organisation registered with the FCA (Mutuals Register). It is charitable but is an exempt charity i.e., not on the Charity Commission Register.

Note that not all community benefit societies are charitable. Only a charitable community benefit society is eligible to be registered to provide a restricted children’s service. 

Community Interest Company (CIC) Limited by Guarantee (no shares)

This is a not-for-profit company created to benefit the community, supervised by the CIC Regulator via Companied House. It is not a charity.

3.3 Local Authorities 

Local authorities are ‘bodies’ corporate’ established under section 21 of the Local Government Act 1972. 

3.4 Local Health Boards (“LHBs”)

LHBs are ‘bodies’ corporate’ established under section 11 of the National Health Service (Wales) Act 2006. 

3.5 Other corporate bodies 

There are various other types of corporate bodies, such as unlimited companies which can enter into contracts in their own name and are responsible for their own actions, finances and liabilities.

If the type of corporate body you are applying to register does not appear in the list above, you should select “Other corporate body” on the application form. 

3.6 Partnerships

A partnership consists of two or more individuals agreeing to work together for a shared business venture. The individuals (partners) share in the profits and liabilities of the partnership. Each partner will be listed in the registration conditions of a service provider. 

If an existing partner leaves or a new partner joins the registered partnership, generally this creates a new partnership, which is a new legal entity. Service Providers registered as a partnership are able to reflect these changes by making an application to vary their conditions of registration, rather than the new legal entity having to submit an application to register. How to do this can be found in Section 8 of this guidance. 

Whilst a partnership is not legally required to have a partnership agreement, we will need to be satisfied in relation to the governance arrangements in place.

3.7 Unincorporated bodies 

Committee

A committee is a group of people who come together to work towards a common goal, often on behalf of a larger organisation. Where a committee is seeking to register with us, we will need to be satisfied that there are robust governance arrangements in place. 

Charitable Trust 

A charitable trust is an organisation that has been formed for the advancement of education, promotion of public health and comfort, relief of poverty, furtherance of religion, or any other purpose regarded as charitable in law.

In most cases a charitable trust will need to register with the Charity Commission. 

A charitable trust is not one of the four Welsh Government approved legal entities allowed to register to provide restricted children’s services.

3.8 Other unincorporated bodies 

There may be other types of unincorporated bodies that wish to register as a Service Provider. If the type of unincorporated body you are applying to register does not appear in the list above, you should select “Other unincorporated body” on the application form. 

3.9 Single or joint registration

In cases where a single legal entity is responsible for providing the service, the Service Provider will be registered as a single legal entity. Where more than one legal entity is responsible for providing a service, these legal entities will be required to register jointly as the Service Provider.

To ensure we hold the right company/companies to account for the care provided, we register those who direct, control and are ultimately responsible for the quality and safety of services.  This enables us to take action against those ultimately responsible for ensuring that the care provided is high quality and meets the requirements of regulations. Annex 19 contains more guidance on how we determine which company/companies require registration.

As part of the provider’s application, a responsible individual (“RI”) must be designated in relation to a service. 

In considering the suitability of a designated responsible individual, we must be satisfied in relation to the following: 

• whether the individual is eligible.
• whether the individual is fit and proper to be designated as RI; and 
• whether the individual will comply with the RI duties set out in the regulations made under the Act.

4.1 Who is eligible?

Section 21 of the Act (Annex 13) sets out who is eligible to be designated as a responsible individual dependant on the type of provider. 

Individual

For individual providers, the individual must be the RI.

Limited Company

Our expectation is that this would be a Director, registered with Companies House. Where a Director is unable to fulfil this role, you may designate a “similar officer”. However, you will be required to provide an explanation as to why this role cannot be undertaken by a Director. 

See below for the definition of a similar officer.

Public Limited Company (“PLC”)

The RI should be either a Director or Company Secretary. 

Limited Liability Partnerships (“LLP”)

Any of the partners of the LLP should be the RI. Where none of the partners are able to fulfil this role, you may designate a “similar officer”. See below for the definition of a similar officer.   

Charitable Company

For a charitable company, a RI could be any of the Directors registered at Companies House or any of the trustees registered with the Charities Commission. Where none of the Directors or trustees are able to fulfil this role you may designate a “similar officer”, for example the Chief Executive. See below for the definition of a similar officer. 

Charitable Incorporated Organisation (“CIO”)

Either a trustee or member of the CIO should be the designated RI. Where none of the trustees or members are able to fulfil this role you may designate a “similar officer”. See below for the definition of a similar officer.   

Charitable registered society (often called community benefit society)

Members manage these legal entities’ affairs and one of them must be the RI.

Community interest company limited by guarantee without share capital

Directors will be responsible for the management and strategic direction, and therefore in this type of legal entity, one of them must be the RI.​ Where none of the directors are able to fulfil this role you may designate a “similar officer”. See below for the definition of a similar officer.   

Local Authorities 

For Local Authorities our expectation is that the person designated by the Director of Social Services must hold a position of sufficient seniority within the organisation. Our expectation is that should bethe director him or herself, a head of service or service manager.

Local Health Boards (“LHBs”)

For Local Health Boards our expectation is that the person must hold a position of sufficient seniority within the organisation.

Partnerships

The RI must be one of the partners.

Committee

The RI must be a member of the committee. 

Charitable Trust 

The RI must be either a trustee or member of the charity. 

Other unincorporated bodies 

The RI must be a member of the body. 

Providers may be asked to provide additional documents to demonstrate that the individual designated does hold the level of seniority.

“Similar officer” 

Where a provider designates a “similar officer” to be the responsible individual, we will consider the following criteria in assessing whether the individual holds a sufficient level of seniority within the organisation.

• authority to hire and fire managers and any other staff working in the service. 
• authority to set pay rates for all staff working directly within the service. 
• authority to decide on investment decisions in the service.
• oversight of health and safety for the relevant service; and 
• accountability for determining assurance arrangements and setting any benchmarks within the service.

4.2 Fit and proper person test 

We must be satisfied that the designated individual is fit and proper. How we make this assessment is set out in more detail at section 6.3.

4.3 Responsible Individual duties

The Regulations place certain duties on the RI and we will need to be satisfied that the RI designated for each service will comply with these. These duties have an emphasis on ensuring the effective management and oversight of the service with a focus on continuous improvement. When designating a RI, providers will need to be confident that the individual is competent to fulfil these duties.

As part of the registration process RIs will be required to complete a questionnaire and undertake a suitability interview. This questionnaire is intended to establish an individual’s ability to comply with the duties imposed upon them by the regulations and identify any areas to be discussed further at the suitability interview. The questions are set out at Annex 6..

In considering the suitability of the RI we will also consider their appointment of a manager for the service. The legislation permits the RI to also act as the manager of the service in prescribed circumstances. These are set out below: 

If you are registered as an individual this will only be possible if the following conditions apply: 

• you are fit to manage the service.
• you are registered as a social care manager with Social Care Wales; and
• we agree to you undertaking both roles.

If you are the RI for a partnership or organisation, this will only be possible if the following conditions apply:

• the service provider is registered to provide no more than two services.
• you are fit to manage the service.
• you are registered as a social care manager with Social Care Wales; and
• we agree to you undertaking both roles.

All applications to register a regulated service must be made via Care Inspectorate Wales Online.

The application form is in three distinct parts:

5.1 Information about the service provider

This part of the form will capture details about the service provider. Where the service provider is an organisation, we require information about the individuals involved as part of our fit and proper person assessment. Applicants will need to specify the type of legal entity they are applying as, for example individual, limited company, charitable company etc. The different types of service provider can be found at Section 3.

5.2 The type of regulated service(s) you are applying to provide

Information about the regulated service(s), including: 

• the location.
• premises.
• age range of people using the service.
• maximum number of people using the service (where appropriate).
• an uploaded Statement of Purpose for the service(s).

5.3 The designated responsible individual

The service provider will need to designate a RI for each service they are applying to register. If the designated RI is the individual completing the application, their section of the form will be displayed online. If the designated RI is not the person completing the application form, they will receive an email notifying them of their designation and requiring them to log in to Care Inspectorate Wales Online to complete their section of the application.  When the RI logs in they must use the email address that has been specified on the application to ensure their details can be matched to the correct service.

Once all sections of the form are complete by the RI, the applicant will be notified and prompted to log in to Care Inspectorate Wales Online to submit the application. 

Applicants are asked to indicate if they agree to communicate with us electronically. This will include all letters and legal Notices. 

5.4 Required information and documents

Accommodation based Services

• A Building Control Certificate or evidence that this is not required
• Proof of Planning Permission or evidence that this is not required
• Fire risk assessment. 
• Fire suppression System commissioning certificate to evidence installation.
• Food business certificate/ evidence that certification has been applied for
• Proof of ownership or lease for the premises
• For care homes for children, a location assessment must be submitted

Applicants will not be able to submit their application if any of the above information is not available.

In addition, applicants seeking to register restricted children’s services must submit supporting documentation which will demonstrate that the objects and purposes of the organisation are for the welfare of children i.e. Articles of association, CIC 36.

Annex 8 contains a more detailed summary of the information and documentation required in the application form. 

We require a Disclosure and Barring Service check for all individual applicants and RIs. For this check to be valid it must be less than 3 months old at the point of submission of the application or the individual must be on the DBS Updates Service. 

We will need to view this certificate, as part of the registration process. This can either be sent to us by recorded post or brought with the individual to their suitability interview.

5.5  Progress updates 

Once the application has been submitted, the applicant can track its progress via Care Inspectorate Wales Online. 

An application will not be accepted until it has passed our completeness check, this is to ensure that key information is valid and or included. Where an application does not pass our completeness check the applicant will be notified of the areas requiring their attention. 

Once the application has passed the initial completeness check.  The applicant will be notified it has been accepted. This however does not mean the services has been approved to operate.  It is at this point the application is allocated to an inspector to commence assessing the application. The provider must not provide a service until a Notice of Decision has been issued to grant the registration.

Operating without registration is an offence under the Act.

The progress of your application will be displayed on CIW Online. 

Once the application has been accepted, we carry out a quality assessment.  We will usually assess applications in the order they have been accepted; however we will be responsive to pressures in the sector. 

We will complete an initial assessment of the quality of the application within three weeks of its allocation to the registration inspector. If the application is assessed as poor quality, we will arrange a meeting with the provider to give feedback on what needs to be improved. Providers will then be given a timescale for resubmitting the required improvements.

6.1 Factors for determination

When determining an application we will consider the following:

• Does the application form contain all of the required information? 
• Are we satisfied that the applicant is a ‘fit and proper person’? 
• Are we satisfied that the designated RI is suitable?
• Are we satisfied that the service provider will comply with the requirements of the regulations and any other relevant legislation?   

Annex 9 sets out our Determinations Framework, which includes the sources of evidence we consider in making our decisions and our expectations. 

6.2 Does the application contain all required information? 

Our initial completeness check will ensure that the application form contains all of the required information. If we find that the information or documentation that has been provided is not sufficiently detailed, we will ask for this to be rectified.

6.3 Fit and Proper person

When making any decision about the registration of a service provider we must be satisfied that the service provider and RI are “fit and proper” to be provide regulated services. Section 9 of the Act (Annex 14) sets out the fit and proper person test. Subsections (4) – (8) set out various matters which are likely to affect the fitness of a service provider or RI, such as: the commission of offences, an association with a person who has committed offences, previous involvement in the misconduct or mismanagement of a regulated service. This includes any non-compliance with the regulations in already registered services associated with the service provider or RI. However, we must also have regard to all matters that we think appropriate.

Our assessment of fitness will include any information that is already known to us about a service provider or RI. We may contact other regulators (such as Social Care Wales or the Care Quality Commission) for information where appropriate. When considering any previous issues concerning the misconduct or mismanagement of a regulated service we will, amongst other matters, take account of: 

1. the seriousness and duration of the misconduct or mismanagement.
2. harm caused to any person, or any evidence of an intent to cause harm.
3. any financial gain made by the person.
4. any action taken by the person to remedy the misconduct or mismanagement.

Individual applicants and RIs will be required to undergo a Disclosure and Barring Service (DBS) check as part of the registration process. 

In the event of a positive disclosure on a DBS check we will consider whether any further action is required. This may include holding an interview, in order to establish whether the disclosure is likely to have an impact on the individual’s suitability to be providing a regulated service. 

Individual applicants and RIs must provide 2 references in relation to their competence to fulfil the role of RI for the regulated service(s). 

6.4 Responsible Individual suitability

Chapter 4 sets out the suitability criteria we apply when considering the designation of a RI. 

The same RI may be designated in relation to more than one service. However, we will need to be satisfied that this will not impact upon their ability to perform their duties in relation to each of those services. In making our assessment we will consider the following: 

• The range of regulated services 
• The size and complexity of the services 
• The geographical location of the services 
• The responses provided in the RI questionnaire 
• Whether the RI is concerned with any other regulated services within the UK

6.5 Compliance with all relevant legislation 

We will need to be satisfied that the service will be provided in such a way that it complies with all relevant legislation. This will include the regulations made under the Act and any other legislation that is relevant to the service, such as health and safety. 

The Regulations and accompanying Welsh Government Guidance (Annex 7) set out the requirements on service providers. Our Determination Framework provides greater detail on the sources of evidence we use to reach our registration decisions. 

We will consider levels of non-compliance in existing services as part of our assessment when a registered provider applies to add another service.

We may require an applicant to complete a premises checklist and may undertake a premises visit as part of a registration application. This visit is carried out to assess the applicant’s ability to meet regulatory requirements with regard to the suitability of the premises to meet the service as described in the Statement of Purpose. The Registration Inspector must therefore be able to view the premises completed and ready to provide the service to make that assessment.   

Annex 8 includes the various documentation we require at the premises assessment.  Visits to occupied services may be subject to Risk Assessment, and in some cases a virtual premises assessment may be undertaken.

An application for registration should not be submitted unless the premises is ready for assessment.

CIW does not visit and assess the suitability of a premises prior to an application being submitted. 

A location assessment must be submitted as part of an application to register a care home for children. We will ask you about this assessment as part of the Fit person interview as you must be able to show that you understand the environment, community, risks and services available, and that you can protect and promote children’s safety and welfare. We have developed a suggested template for completion of a location assessment – to download one click here.(It is also available for information at Annex 18a)

Location assessments need to provide reassurance to CIW that the accommodation is appropriately located, risks are mitigated, and that positive opportunities for young people are available. 

It is essential that you read Guidance for registering a care home for children – Annex B for good practice consideration checklist when carrying out a location assessment. This checklist has been developed to support good practice in undertaking location assessments and encourage collaboration between providers and local services so children who live in children’s homes can access the same benefits and protections as other children.  This will help you understand the key steps we expect you to have taken when undertaking you location assessment.

It is good practice for a location assessment to be kept under review and amended to take account of any new risks as these are identified.  

In reaching our determination decision, we will be reasonable and proportionate in the information we request and only ask for additional evidence when it is necessary to assist us in our decision making. 

We will endeavour to determine registration applications in a timely fashion. If we require any additional information or where there are specific issues that need to be resolved in relation to a service, we may need to extend the time it takes us to process the application.

CIW aim to register good quality safe services and assessment, and determination of an application may result in approval or refusal of registration. 

Once registered our expectation is that Service Providers continue to meet regulatory requirements, improve the quality of the service and engage with CIW.  

Withdrawing an application before determination   

The Act requires us to determine an application to register. Whilst this is the strict legal position, we recognise that an applicant may request to withdraw an application before it is determined. In some circumstances it may be appropriate for us to be treat the application as withdrawn.   

Any decision to withdraw must be made by applicants themselves, who are free to seek their own legal advice should they so wish.   

If an applicant seeks to withdraw an application   

The applicant should use their online account to request the application is withdrawn, explaining the circumstances leading to their request. The Registration Inspector will stop proceeding with the assessment of the application.   

Based upon the applicant’s explanation of the circumstances the Team Manager will then decide whether it is appropriate to treat the application as withdrawn, rather than determining it. If approved, the application will be recorded as withdrawn and confirmation of this sent to the applicant.   

There may be circumstances where CIW will proceed to determining an application even though an applicant has indicated they are no longer seeking to be registered. For example, if an application is submitted and the interview process and other information received leads CIW to the clear view that the applicant would be unsuitable to be registered. In these circumstances CIW will determine the application and refuse it.   

Applicants applying to register a single service, will receive a single determination Notice

Where a service provider has applied to register more than one service as part of the same application, we issue a determination Notice per service resulting in the service provider becoming registered with us. This is to prevent any delays registering each service. 

7.1 Granting an application

Where an applicant has indicated their agreement to the proposed conditions of registration on the application form and we intend to grant the application, we will issue a Notice of Decision to grant the application. Registration takes effect on the same day the Notice is issued. 

7.2 Granting an application with imposed conditions

Where we intend to grant an application but, the applicant has not indicated their agreement to the proposed conditions of registration on the application form or we propose to impose additional conditions, we will issue a Notice of Proposal to impose conditions. For example, where an applicant has asked to register a care home with a maximum capacity of 60 people, but we propose to register the service with a maximum capacity of 50 people.

The Notice will set out the conditions we intend to impose, the reasons why and the timescale the applicant has to make representations about our proposal. 

In certain circumstances we may specify action which, if taken within a specified time limit, would result in us not imposing that condition. For example, a proposal to reduce the maximum capacity of the service, unless remedial action is taken to improve the premises. 

A Notice of Decision to grant an application issued following a Notice of Proposal takes effect 28 days after it is issued, unless an appeal is made to the Tribunal. 

Therefore, if no appeal is made, registration takes effect 28 days after we issue the Notice of Decision. If an appeal is made, registration will not take effect until either the Tribunal determines the appeal or the appeal is withdrawn.

7.3 Refusal of an application

Where we intend to refuse an application to register, we will issue a Notice of Proposal. In certain circumstances we may specify action which, if taken within a specified time limit, would result in us not taking the proposed action. For example, a proposal to refuse an application, unless an alternative satisfactory RI is designated.

The Notice will set out the reasons why we are refusing the application and the timescale for making representations about our proposal. 

A Notice of Decision to refuse an application issued following a Notice of Proposal takes effect 28 days after it is issued, unless an appeal is made to the Tribunal. 

7.4 Representations and Appeals process

Representations

In the event that we issue a Notice of Proposal to either impose conditions on a registration or refuse an application, the Notice will give a deadline to make representations to us.  This will be set out in the Notice but must be a minimum of 28 days.

We will aim to respond to any such representations by issuing a Notice of Decision within 28 days of the deadline for representations elapsing. If we are not able to respond within 28 days, we will inform the applicant of this and the reasons why. In such cases we will issue a Notice of Decision within 56 days of the deadline for representations elapsing. We consider representations in line with our Representations Process Annex 10.  

The Notice of Decision will set out whether we intend to take the proposed action, the reasons why and explain any rights of appeal.

Appeals

Any appeal must be made directly to the Tribunal by the deadline specified in the Notice of Decision. The Tribunal will then set the timetable for the proceedings. 

The Tribunal can uphold the decision to refuse the application, reverse the decision, direct that the application be granted, or make any other order it thinks appropriate.

7.5 Conditions of registration 

Under the Act certificates of registration are no longer required. However, our website will contain a register of all registered providers and their conditions of registration. 

These conditions will vary depending on the type of service. For accommodation based services the service will always have the following standard conditions of registration: 

• Location of the service 
• Designation of the Responsible Individual 
• Maximum number of individuals the service can accommodate 

In addition, in the case of a restricted children’s service provided by a not-for-profit legal entity;

The service provider must notify the Welsh Ministers of any circumstances under which the provider no longer meets the not-for-profit requirements under section 6A(1) of Registration and Inspection of Social Care (Wales) Act, as amended by the Health and Social Care (Wales) Act 2025.

For community based services the service will always have the following standard conditions of registration:

• The geographical area in which the service is being provided 
• Designation of the Responsible Individual 

For service providers that are partnerships, we list the names of the partners as conditions of registration. This is to avoid a change in the membership of the partnership requiring an application to register a new legal entity. 

We are able to impose conditions on a Service Provider’s registration both at the point of registration and once the service has become operational. 

Once a service is approved, the RI will need to activate their CIW Online account, enabling them to submit notifications and apply to vary the conditions of registration. This is the same account that will have been used during the registration process. 

Each RI will have their own account and should not share the login details of their account with other persons.

A guide to activating a CIW Online account is found at Annex 15 of this guidance. 

8.1 Variations of conditions 

A Service Provider’s conditions of registration can be varied either by us taking action to do so, or by Service Provider application. 

8.2 Action taken by us 

There is a range of civil action CIW can take including:

• Imposing conditions on a service provider’s registration 
• Varying conditions on a service provider’s registration 
• Cancelling the designation of a responsible individual 
• Removing a regulated service or service from a service provider’s registration 
• Cancelling the registration of a service provider 

The legal notices we use depends on the action we wish to take and the grounds upon which we are taking that action.  There are three notice types :

• Improvement Notice (s.16) 
• Notice of Proposal (s.18) 
• Notice of Decision (s.17 & s.19)

All Notices we issue will set out the action we intend to take, the reason(s) for taking the action and a deadline for the recipient to make representations to us. The timeframe for making representations may vary depending on the circumstances, but in all cases must be a minimum of 28 days from the date the Notice is issued. 

Our Representations Process at Annex 10 sets out the process for making representations and how we respond to them. 

8.3 Applications by Service Providers 

Service Providers can apply to vary their conditions in the following ways via CIW Online: 

• Adding a service 
• Removing a service 
• Change their legal entity
• Designating a new Responsible Individual for a service 
• Cancelling the designation of a Responsible Individual for a service 
• Varying the maximum number of individuals the service can accommodate 

From 1 April 2026

Existing for-profit providers of restricted children’s services will not be able to vary their registration to add another restricted children’s service or place.

From 1 April 2027;

• Existing for-profit providers will no longer be able to increase their maximum capacity
• Fostering services will no longer be able to approve new foster carers

From 1 April 2026 for- profit providers of restricted childrens service who wish to re-establish themselves as one of the four approved models (and their services remain the same) may use the online variation “Change of legal entity’ form. The form is designed to reduce the burden on already-registered services. Rather than submitting a full new application, providers will only need to submit information such as details of the new legal entity, confirmation of RI and the organisation's objects and purposes.

Providers can begin the process of re-establishing as a not-for-profit entity at any time. There is no deadline for using the ‘Change of Legal Entity’ form. 

Providers of children’s care home services can also choose to transition one or a number of their services over to their new legal entity in a phased way until all are operating under the new legal entity. When the for-proft legal entity no longer has any services the provider must apply to cancel that registration.

Note: The Change of Legal entity form cannot be used in the case of a sale/acquisition of a service by a different provider. Providers taking over services as part of a sale/acquisition must complete the full application to register form.

Annex 16 sets out the information and documents that a provider will need to submit as part of each variation application. 

An application to vary conditions of registration can only be made by the Responsible Individual for the service. 

Where we intend to grant an application, we will issue a Notice of Decision to grant the application. The decision takes effect on the same day the Notice is issued. 

Where we intend to refuse an application, we will issue a Notice of Proposal. In certain circumstances we may specify action which, if taken within a specified time limit, would result in us not taking the proposed action. In the event that we issue a Notice of Proposal to refuse an application, the Notice will give a deadline to make representations to us. Our Representations Process at Annex 10 sets out the process for making representations and how we respond to them.

This Practice note relates to services requiring registration under the Regulation and Inspection of Social Care (Wales) Act 2016 (RISCA) and seeks to provide some practical examples of the types of activities that may fall into either “care” or “support” within the different regulated services.

A1.1 Legal framework 

Section 3 of RISCA defines care and support in the following terms:

 “care” means care relating to— 

1. the day to day physical tasks and needs of the person cared for (for example, eating and washing), and 
2. the mental processes related to those tasks and needs (for example, the mental process of remembering to eat and wash); 

“support” means counselling, advice or other help, provided as part of a plan prepared for the person receiving support by—

1. a service provider or other person providing care and support to the person, or 
2. a local authority (even if the authority does not provide care and support to the person). 

A service providing support only, does not meet the definition of a domiciliary support service or a care home service. 

A1.2 Care home services 

A care home service provides accommodation, together with nursing or care, to an individual(s) because of their vulnerability or need. This may be a child or an adult. 

Where the legal entity providing the accommodation is also providing the individual with one, or a combination, of the activities set out below then the service is likely to meet the definition of a care home. 

For adults and children, care will always include:

• Assistance with bodily functions, such as feeding, bathing and walking (including prompting the individual to do this); 
• Assistance with managing continence (including prompting the individual to do this) 
• Assistance with oral and dental care (including prompting the individual to do this) 
• Medication administration (including prompting the individual to do this)
• Assistance with getting dressed (including prompting the individual to do this) or 
• Assistance to maintain skin integrity (including prompting the individual to do this) 

“Prompting” includes reminding a person to undertake the above activities but excludes advising or counselling 

Example of prompting

Staff caring for a person need to prompt them after breakfast and before going to bed to take their medication and brush their teeth. Prompting is required because the person would not have the capacity to remember or understand they need to complete this task to keep themselves healthy or the consequences of not completing this tasks. 

Example of advising and counselling

Staff caring for a person who is unwilling or unable to bathe themselves even though they understand the importance of this task, offer support and advice to the person. This may be in the form of offering advice on how best to motivate themselves to bathe or by providing counselling to help them remove their own barriers, so they become willing or able to bathe. 

When determining whether care is being provided to a child being accommodated, the following will be considered:

Children under 16 years of age

Usually, CIW will consider care is being provided for children under 16 years of age. However, it is possible that there maybe clear evidence to show that a 15 year old child requires support only.

Young people aged 16 to 18 years

• Any assessments or care plans will indicate the level of risks and the care and/or support needed.
• Where adults acting in loco parentis need to put protective parental type measures in place due to a young person being unable or unwilling to keep themselves physically or emotionally safe, this indicates care is being provided. For example, where a young person is not willing or able to protect themselves from harm caused by criminal activity, misuse of illegal substances, sexual exploitation, self-harm behaviour etc, the increased levels of supervision and interventions needed to mitigate these risks is likely to amount to care.
• Usually, where a young person aged 16-18 is the subject of a DOLs order care is being provided. 

It is not unusual for curfews to be used by parents within the scope of parenting for young people. If, curfews are necessary and implemented to prevent specific risks such as those in the above example, this will usually constitute care. This does not necessarily include curfews set because of judicial proceedings which may involve a TAG device being used. This is monitored by the police as opposed to staff. 

Similarly, where a young person is restricted from access to their money or electronic devices to mitigate risks such as those above, this will usually constitute care. 

Examples of activities indicating support: 

Generally, activities intended to prepare a young person for leaving care and helping them make the transition to more independent adult living indicates support is being provided for example:

• The young person is restricted from using their electronic devices to support their need for a positive routine. 
• A young person may be on occasion home later than agreed but there is no significant risk involved in this and there are plans in place to manage and support this.
• The young person can make and attend their own appointments but may ask staff to support them with transport or ask them to sit in with appointments for emotional support.
• The young person can access the community for trips out such as shopping or attending a place of worship but may need assistance with practical arrangements and managing anxiety. 
• The young person has access to all information relating to their affairs but may ask staff to help with reading, responding to queries from agencies and organising their time to respond as needed. 
• The young person generally understands the need to budget and manage their own money and medication but needs some adult support with this task. 
• The young person can clean and maintain the property and prepare their own food and drink but may need assistance to ensure these tasks are completed consistently and safely and to encourage further development of the young person’s skills. 

A young person’s needs will change over time. A service which initially provides care may evolve to a support and accommodation arrangement. 

Please note services providing support only do not require registration under the Regulation and Inspection of Social Care (Wales) Act 2016. 

Use this decision tree to help determine whether your service needs to register as a care home service.

Question 1: Is accommodation provided?

• No — Care home service registration is not required. However, if care and support is being provided, registration may still be required as a domiciliary support service. See the  Domiciliary Support Service Decision Tree at Annex 3.
• Yes — Continue to Question 2.

Question 2: Is nursing or care provided together with the accommodation?

• No — Care home service registration is not required. However, if care and support is being provided, registration may still be required as a domiciliary support service. See the  Domiciliary Support Service Decision Tree at Annex 3.
• Yes — Continue to Question 3.

Question 3: Do any exemptions apply?

• Yes — Care home service registration is not required.
• No — Your service is a care home service and must be registered with CIW.

Use this decision tree to help determine whether your service needs to register as a domiciliary support service.

Question 1: Is care and support provided?

• No — Care is not provided or the service only provides support to individuals. Registration as a domiciliary support service is not required.
• Yes — Continue to Question 2.

Question 2: Is it provided due to an individual's vulnerability or need?

• No — Care is provided for another reason. Registration as a domiciliary support service is not required.
• Yes — Continue to Question 3.

Question 3: Is it provided to the individual where they live?

• No — Care is provided somewhere else for example a day centre or hospice. Registration as a domiciliary support service is not required.
• Yes — Continue to Question 4.

Question 4: Are carers only being supplied to a regulated service?

• Yes — It is an employment agency that provides carers to care homes or other regulated services. Registration as a domiciliary support service is not required.
• No — Continue to Question 5.

Question 5: Does the provider have ongoing direction or control of the care and support provided?

For more detail on what constitutes ongoing direction or control, see Annex 4.

• No — Carer is employed directly by individual using the service, e.g. Personal assistant .Registration as a domiciliary support service is not required. 
• Yes — Continue to Question 6.

Question 6: Is care and support being provided to more than 4 individuals?

• No — Care and support is being provided to 4 or fewer named individuals. Registration as a domiciliary support service is not required.
• Yes — Continue to Question 7.

Question 7: Is the provider also managing a prison or similar custodial establishment?

• Yes —  Care and support is being provided by a person managing a prison or similar establishment. Registration as a domiciliary support service is not required.
• No — Your service is a domiciliary support service and must be registered with CIW.

The definition of domiciliary support service has an exemption for persons who introduce a care worker to an individual, but who then have no “ongoing role in the direction or control of the care and support provided”. 

This guidance clarifies the meaning of ‘ongoing direction or control of the care and support provided’.

*Note the use of the term “care worker” in this guidance is intended to include individuals undertaking a variety of roles and is not intended to fall within the definition of “social care worker” under the Regulation and Inspection of Social Care (Wales) Act 2016. 

A4.1 Definition of Domiciliary support service 

Section 8(1) of Schedule 1of the Act contains the definition of a domiciliary support service: 

A “domiciliary support service” is the provision of care and support to a person who by reason of vulnerability or need (other than vulnerability or need arising only because the person is of a young age) is unable to provide it for him or herself and is provided at the place in Wales where the person lives (including making arrangements for or providing services in connection with such provision).

Exemption 

Section 8(3) of Schedule 1of the Act contains the exemption:

A person who introduces individuals who provide a domiciliary support service to individuals who may wish to receive it but has no ongoing role in the direction or control of the care and support provided is not to be treated as providing a domiciliary support service (regardless of whether or not the introduction is for profit).

Personal Assistants are exempt from registration on the basis that they work solely under the direction and control of the person receiving care or a related third party. A related third party means:

• an individual with parental responsibility for a child receiving care and support; 
• an individual with power of attorney or other lawful authority to make arrangements on behalf of the individual receiving care and support; 
• a group of individuals mentioned in either of categories about making 
  • arrangements on behalf of no more than four named individuals receiving care and support; 
• a trust established for the purpose of providing services to meet the care and support needs of a named individual. 

What constitutes an ‘ongoing role’? 

A person must register as a domiciliary support service if they introduce a care worker to an individual and does ANY of the following: 

• Monitors the service provided to the individual and, as a result of this monitoring, takes responsibility for replacing the care worker for any reason. 
• Seeks the views of the individual receiving the service or acts as their advocate and, as a result, advises or directs changes to the activity of the care worker (such as changes to the frequency of visits, or the type of care provided, or the way in which the care worker performs the agreed tasks). 
• Arranges a rota of care workers so that visits and care are provided when required by the individual. 
• Continues to charge the individual for the service being provided by the care worker, excluding where arrangements have been made to enable a one-off introduction fee to be paid by instalments. This differs from when the provider merely carries out a payroll function for the person who is employing the worker. 
• Agrees to organise cover for any sickness or leave that may arise – other than when the individual makes an independent request to the person to introduce another care worker to cover leave or sickness. 
• Reviews the service user care plan, including making changes as necessary, in consultation with the individual. 

What does not constitute an ‘ongoing role’?

A person is not required to register as a domiciliary support service where they have introduced an individual to a care worker and have undertaken any of the activities set out below: 

• Introducing an additional or replacement care worker if the person receiving care is not satisfied with the existing care worker and asks for an additional or replacement care worker. This further introduction is because the person receiving care has requested an additional or replacement care worker and is not as a result of monitoring by the person who may have identified a need for a change. 
• Providing a range of practice guidance (usually referred to as ’procedures’) as an extra service to the person receiving care. The care worker can follow these procedures once employed if the person directs them to do so. The person who introduced the care worker does not monitor the performance of that worker in respect of these procedures. 
• Making an assessment of the needs of the individual, but only in order to determine the type of care worker required or the most suitable worker. Or the person might arrange for someone (usually referred to as a case worker or assessor) to carry out an assessment of needs. This is not the same as writing a care plan detailing the activities needed to deliver the personal care required.  For example, this type of assessment might determine what an individual’s needs are, but not how these needs will be met. Such an assessment may be carried out only to enable the person to recruit and introduce a care worker who can be available for the time required and who has the skills needed. The assessment is not ongoing. 
• Charging a 'one-off' fee for the introduction – even though part or all of the fee may be reimbursed by the person if either the care worker or the person receiving care terminates their agreement with each other. The fee may be paid in instalments and may or may not be related to the length of the contract. 
• Contacting the person receiving care to make sure that they are satisfied with the service of making the introduction, including the suitability of the care worker supplied. This contact is only for the purpose of quality assuring the introduction process, not for monitoring or controlling or directing the service being provided by the care worker.
• Agreeing to carry out a payroll function for the person who is employing the worker. This function must have no influence on the direction and control of the service being provided. There should be a clear separation between the introduction and the provision of the payroll service. Ideally, such an arrangement will be under a separate contract from the one of introduction, to emphasise the separate nature of the person’s activities.
• Making available a range of training packages for care workers to purchase. This should be limited to situations where the need is identified by the care worker. This does not include supervision or monitoring of training by the person making the introduction.

A4.2 Where can I get further advice? 

If you are unsure about whether the service you are providing falls within the definition of a domiciliary support service, you may wish to seek legal advice.

You can also contact our national Registration Team on 0300 7900 126 or CIW@gov.wales

1. Partnership arrangements under the direction of Gwent regional partnership Board 

• Aneurin Bevan University Health Board
• Monmouthshire County Council
• Newport City Council
• Torfaen County Borough Council
• Blaenau Gwent County Borough Council
• Caerphilly County Borough Council.

2. Partnership arrangements under the direction of North Wales regional partnership board

• Betsi Cadwaladr University Health Board
• Flintshire County Council
• Wrexham County Borough Council
• Isle of Anglesey County Council
• Gwynedd County Council
• Denbighshire County Council
• Conwy County Borough Council.

3. Partnership arrangements under the direction of Cardiff and Vale regional partnership board

• Cardiff and Vale University Health Board
• Cardiff City and County Council
• Vale of Glamorgan Council.

4. Partnership arrangements under the direction of West Glamorgan regional partnership board

• Swansea Bay University Health Board
• Swansea City and County Council
• Neath Port Talbot County Borough Council.

5. Partnership arrangements under the direction of Cwm Taf Morgannwg regional partnership board

• Cwm Taf Morgannwg University Health Board
• Rhondda Cynon Taf County Borough Council
• Merthyr Tydfil County Borough Council
• Bridgend County Borough Council

6. Partnership arrangements under the direction of the West Wales regional partnership board

• Hywel Dda University Health Board
• Pembrokeshire County Council
• Carmarthenshire County Council
• Ceredigion County Council

7. Partnership arrangements under the direction of Powys regional partnership board

• Powys Teaching Health Board
• Powys County Council.

Question 1: Please set out the arrangements you have in place to appoint a suitable manager for the service. What is your understanding of your duties in relation to reporting this appointment? 

This question is designed to assess how the designated RI will appoint a manager with due diligence, the arrangements in place should that manager be absent from the service and the RI’s understanding of the various duties that relate to reporting the appointment. 

Question 2: Please set out the systems and processes you have in place to oversee the management of the service, including when the manager is absent or not at the service.

This question is designed to assess the systems in place for the RI to oversee the management of the service; including reviewing and supervising the manager with a focus on management, quality, safety and effectiveness of the service. This should include the arrangements in place for when the manager is absent or not at the service.

Question 3: Please set out how you intend to fulfil your duties in relation to visiting the service, including the frequency of these visits.

This will assess how the responsible individual plans to undertake monitoring visits to the service in person including talking to individuals using the service and their representatives (if applicable) and staff.

Question 4: Please describe the systems and processes in place for monitoring, reviewing and improving the quality of the service provided, including the quality of care review. Your answer should include how you engage with others as part of these processes.

This question is designed to establish how the RI plans to monitor the performance of the service in relation to its statement of purpose, including the arrangements in place for obtaining the views of the individuals who are receiving care and support, any representatives of those individuals on the quality of care and support provided and how this can be improved. 

Overarching legislation

• Regulation and Inspection of Social Care (Wales) Act 2016
• Health and Social Care (Wales) Act 2025

Regulations and Statutory Guidance for Care Home Services, Domiciliary Support Services, Residential Family Centre Services & Secure Accommodation Services

• The Regulated Services (Registration) (Wales) Regulations 2017
• The Regulated Services (Registration) (Wales) (Amendment) Regulations 2026
• The Regulated Services (Service Providers and Responsible Individuals) (Wales) Regulations 2017
• The Regulated Services (Service Providers and Responsible Individuals) (Wales) (Amendment) Regulations 2024

Regulations and Statutory Guidance for Adoption Services

• The Adoption Support Services (Wales) Regulations 2019
• The Adoption Support Services (Adoption Support Agencies)​ (Wales) Regulations 2026
• The Regulated Adoption Services (Service Providers and Responsible Individuals) (Wales) Regulations 2019
• The Regulated Adoption Services (Service Providers and​ Responsible Individuals) and Adoption Support Services​ (Local Authorities) (Miscellaneous Amendments) (Wales)​ Regulations 2026
• Statutory guidance adoption services (April 2019)

Regulations and Statutory Guidance for Fostering Services

• The Fostering Panels and Care Planning (Miscellaneous​ Amendments) (Wales) Regulations 2026
• The Regulated Fostering Services (Service Providers and Responsible Individuals) (Wales) Regulations 2019 
• Statutory Guidance - Fostering services (April 2019)

Regulations and Statutory Guidance for Adult Placement Services

• The Adult Placement Services (Service Providers and Responsible Individuals) (Wales) Regulations 2019
• Statutory Guidance - Adult placement services (April 2019)

Regulations and Statutory Guidance for Advocacy Services

• The Regulated Advocacy Services (Service Providers and Responsible Individuals) (Wales) Regulations 2019 
• Statutory Guidance - Advocacy services (April 2019) 

Miscellaneous

• The Regulated Services (Registration) (Wales) (Amendment) Regulations 2023 (legislation.gov.uk)
• The Regulated Services (Special School Residential Services) (Wales) Regulations 2023
• The Register of Service Providers (Prescribed Information and Miscellaneous Amendments) (Wales) Regulations 2023 (legislation.gov.uk)
• The Annual Returns (Miscellaneous Amendments) (Wales) Regulations 2026

Information required in the application form

Accommodation based Services

The following must be provided for all accommodation based services:

• A Building Control Certificate or evidence that this is not required
• Proof of Planning Permission or evidence that this is not required
• Fire risk assessment. 
• Fire suppression System commissioning certificate to evidence installation.
• Food business certificate/ evidence that certification has been applied for
• Proof of ownership or lease for the premises
• Location assessment (care home for children only)

In addition, applicants seeking to register restricted children’s services must submit supporting documentation relevant to their legal entity ie. Articles of Association, CIC 36.

Information about the service provider

Information about the Responsible Individual

The following information is required for all Responsible Individuals:

• Name
• Address
• Date of birth
• Contact details
• Professional qualifications and experience
• Employment history
• Details of any previous or current involvement in other regulated services in the UK
• Details of any other business interests
• DBS certificate number or DBS Updates Service details (a DBS certificate must be less than 3 months old at the time of submitting the application, or the applicant must be signed up to the DBS Updates Service)

Information about the service

Documents required in the application form

Does the application form contain all of the required information?

Are we satisfied that the applicant is a 'fit and proper person'?

Is the designated Responsible Individual suitable?

Compliance with the requirements of the regulations and any other relevant legislation

Terminology

•  “Regulated service(s)” – this refers to any of the types of services defined under the Regulation and Inspection of Social Care (Wales) Act 2016 (the Act), such as a care home service or domiciliary support service. 
• “Service(s)” – this refers to an individual service registered under the Act or the Children and Families (Wales) Measure 2010 (the Measure). For example, a care home, child minder or day care provision. 
• “Notice” – refers to a Notice of Intention, Notice of Proposal or an Improvement Notice, unless otherwise stated. 

Legal framework

The Regulation and Inspection of Social Care (Wales) Act 2016

The Act requires us to follow a set process depending on the type of action we are proposing to take. 

We are required to issue a Notice of Proposal in respect of the following actions: 

• Refusing an application to register 
• Granting an application to register with imposed conditions 
• Refusing an application to vary registration conditions (including adding or removing a regulated service or service) 
• Imposing conditions on a service provider’s registration
• Varying conditions on a service provider’s registration (excluding variation of responsible individual)
• Responding to a service provider’s application to vary or remove a condition by proposing to vary conditions on different terms or imposing a different condition. 

We are required to issue an Improvement Notice in respect of the following actions:

• Cancellation of a service provider 
• Removing regulated service or service from a service provider’s registration
• Cancelling the designation of a responsible individual 

*Note – these procedures do not apply to urgent action taken by us.

The Children and Families (Wales) Measure 2010

We are required to issue a Notice of Intention in respect of the following actions: 

• Refusing an application to register 
• Impose a new condition on a person's registration
• Vary or remove any condition imposed on a person's registration
• Refuse to grant an application for the variation or removal of any such condition
• Cancel a person's registration

Right to make representations 

All Notices we issue will set out the action we intend to take, the reason(s) for taking the action and a deadline for the recipient to make representations to us.  The timeframe for making representations may vary depending on the circumstances, but in all cases must be a minimum of 28 days from the date the Notice is issued. 

Those making representations to us should clearly state this in their communication with us. We will seek to clarify the status of any communications received in response to a Notice, where it is unclear if the person is making representations. 

Representations can be made either in writing or orally. The process for both is set out below. 

Representations should be submitted with any supporting evidence being relied upon. Failure to do so is likely to affect our consideration of the representations or cause a delay.

Timeframe

Once representations have been received, we aim to respond by issuing a Notice of Decision/Cancellation within 28 days of the deadline for representations elapsing. This is not 28 days after receipt of the representations.  If we are not able to respond within 28 days we will notify the recipient of the Notice. In such cases we will issue a Notice of Decision within 56 days of the deadline for representations elapsing and explain the reasons for the delay. 

Process

Upon receipt of representations, a Decision Maker will be allocated. The Decision Maker will be someone of an equivalent or senior grade to the inspector who signed the Notice and will have had no involvement with the decision to take the proposed action. 

Written representations 

These can be submitted by post or email, along with any supporting evidence. Care should be taken to protect the personal or sensitive personal data of individuals at the service. 

Oral representations

Those wishing to make oral representations, should notify us of this as soon as practicable. Oral representations will be heard by the Decision Maker at a mutually convenient time and location. This should be within 28 days of notification by the recipient of the Notice that they wish to make oral representations. 

The recipient of the notice can attend to make their objections in person or they can arrange for their objections to be made by a representative. It would generally be expected the person would attend with their representative. 

If, for any reason, the recipient of the notice does not attend but wishes their representative to proceed to make oral objections in their absence, we require written authorisation from the recipient of the notice to this effect. 

The oral representations hearing does not include individuals giving evidence or the calling of witnesses, and there is no provision for the attendance by the inspector or manager responsible for issuing the Notice. 

Decision making 

The Decision Maker will consider all evidence relevant to the proposed action, including:

• the Notice proposing the action, 
• any supporting evidence relied upon for taking the action, 
• the representations made by the recipient of the Notice, and 
• any supporting evidence supplied by the recipient of the Notice.

As part of reaching their decision, the Decision Maker may request additional information including requesting an inspection of the service(s). The outcome of the inspection will be considered in the form of a draft inspection report. Due to the timescales we must adhere to in considering representations, there is insufficient time to await the publication of the report before considering the outcome of the inspection. Where the Notice is upheld by the Decision Maker and the draft report is challenged by the recipient of the Notice, this should be identified in any appeal made to the Tribunal.   

The Decision Maker may seek advice from Legal Services on matters of law and procedure. However, responsibility for the decision rests with the Decision Maker. 

Outcomes following a Notice of Proposal 

Having reached a decision, the Decision Maker must issue a Notice of Decision setting out their decision and the reason(s) for it. The decisions available to the Decision Maker are: 

• to uphold the Notice, or 
• to uphold the Representations 

Outcomes following an Improvement Notice

Representations made in relation to an Improvement Notice may challenge the grounds upon which a Notice has been issued and/or make the case that the requirements within the Notice have been complied with. 

A Decision Maker must firstly consider whether they are satisfied that the grounds for issuing the Notice were valid at the time it was issued. If the Decision Maker is not satisfied that the grounds for issuing the Notice were valid, then the Notice must be withdrawn. The recipient will be informed of this decision in writing. 

If the Decision Maker is satisfied that the grounds for issuing the Notice were valid, then they must move on to consider whether the requirement(s) set out in the Notice have been met within the specified timeframe. 

If the Decision Maker is satisfied that the requirement(s) set out in the Notice have been met, they must issue a Notice informing the recipient that the proposed action has been withdrawn. 

Where the Decision Maker is not satisfied that the requirement(s) set out in the Notice have been met, the available outcomes vary depending on the type of action being proposed. 

Where the proposed action is to cancel the registration of a service provider or to remove a regulated service or service from a service provider’s registration and the Decision Maker is not satisfied that the information specified in the Notice has been received, they must uphold the Notice. 

Where the proposed action is to cancel the registration of a service provider or to remove a regulated service or service from a service provider’s registration and the Decision Maker is not satisfied that the action specified in the Notice has been taken, the Decision Maker can either:

• issue a Notice of Decision to uphold the proposed action, or
• issue a Notice informing the service provider that the action has not been taken and set a new date for the action to be taken by. Following this date, an inspection to be undertaken to assess whether the action specified in the original Notice has been taken.  

Where the proposed action is to cancel the designation of a Responsible Individual and the Decision Maker is not satisfied that the information specified in the Notice has been provided or the action required has not been taken, they may issue a Notice of Cancellation. The Notice of Cancellation must be issued to both the Service Provider and Responsible Individual. 

Outcomes following a Notice of Intention 

Having reached a decision, the Decision Maker must issue a Notice of Decision setting out their decision and the reason(s) for it. The decisions available to the Decision Maker are: 

• to uphold the Notice, or 
• to uphold the Representations

Appeals 

Where there is a right of appeal to the Health and Social Care Tribunal, this will be clearly stated on the Notice of Decision. 

Schedule 1: Regulated services definitions 

Care home services

(1) A “care home service” is the provision of accommodation, together with nursing or care at a place in Wales, to persons because of their vulnerability or need.

(2) But accommodation together with nursing or care provided at the following places does not constitute a care home service—

1. a hospital;
2. a school (but see sub-paragraph (3));
3. a residential family centre;
4. a place providing a secure accommodation service;
5. a place providing accommodation for an adult arranged as part of an adult placement service.

(3) Accommodation together with nursing or care provided at a school does constitute a care home service if, at the time accommodation is provided for children at the school—

1. accommodation has been provided at the school or under arrangements made by the school's proprietor for at least one child for more than 295 days in any period of 12 months falling within the previous 24 months, or
2. such accommodation is intended to be provided for at least one child for more than 295 days in any period of 12 months falling within the following 24 months.

(3A)But a school that constitutes a care home service by virtue of sub-paragraph (3) does not constitute a children's home service unless-

1. it has provided more days of accommodation to looked after children than to children who are not looked after children for any period of 12 months falling within the previous 24 months, or
2. it intends to provide more days of accommodation to looked after children than to children who are not looked after children for any period of 12 months falling within the following 24 months.

(3B) In sub-paragraph (3A), "looked after children" means children who are looked after by local authorities as described in section 74(1) of the 2014 Act.

(4) The provision of accommodation and care to a child by a parent, relative or foster parent does not constitute a care home service.

(5) In sub-paragraph (2)(b), “school” has the meaning given by section 4  of the Education Act 1996 (c.56).

(6) In sub-paragraph (4), “parent” means a person who has parental responsibility for a child (within the meaning given by section 3  of the Children Act 1989 (c.41)).

(7) For the purposes of sub-paragraph (4) a person is a foster parent in relation to a child if the person—

1. is a local authority foster parent, or
2. fosters the child privately.

Secure accommodation services (a restricted children’s service)

A “secure accommodation service” is the provision of accommodation for the purpose of restricting the liberty of children at residential premises in Wales where care and support is provided to those children.

Residential family centre services

(1) A “residential family centre service” is the provision of accommodation for children and their parents at a place in Wales where—

1. the parents’ capacity to respond to the children's needs and to safeguard their well-being is monitored or assessed, and
2. the parents are given such care and support as is thought necessary.

(2) In sub-paragraph (1), “parent” in relation to a child, means any person who is looking after the child.

Adoption services

An “adoption service” is a service provided in Wales by—

1. an adoption society within the meaning of the Adoption and Children Act 2002 (c.38) which is a voluntary organisation within the meaning of that Act, or
2. an adoption support agency within the meaning given by section 8 of that Act.

Fostering services (a restricted children’s service) 

A “fostering service” means any service provided in Wales by a person other than a local authority which consists of or includes—

1. (a) the placement of children with local authority foster parents, or
2. (b) exercising functions in connection with such placement.

Adult placement services

(1) An “adult placement service” means a service carried on (whether or not for profit) by a local authority or other person for the purposes of placing adults with an individual in Wales under a carer agreement (and includes any arrangements for the recruitment, training and supervision of such individuals).

(2) In sub-paragraph (1) “carer agreement” means an agreement for the provision by an individual of accommodation at the individual's home together with care and support for up to three adults.

Advocacy services

(1) An “advocacy service” is a service specified for the purposes of this paragraph by regulations made by the Welsh Ministers.

(2) A service may be specified as an advocacy service only if, and to the extent that, the following requirements are satisfied in relation to the service.

(3) The first requirement is that the service is a service which is carried on (whether or not for profit) for the purpose of representing the views of individuals, or assisting individuals to represent those views, in respect of matters relating to those individuals’ needs for care and support (including matters relating to assessing whether those needs exist).

(4) The second requirement is that the service is not carried on by a person, in the course of a legal activity (within the meaning of the Legal Services Act 2007 (c.29)), who is—

1. an authorised person for the purposes of that Act, or
2. a European lawyer (within the meaning of the European Communities (Services of Lawyers) Order (S.I. 1978/1910)).

(5) Before making regulations under sub-paragraph (1) the Welsh Ministers must consult any persons they think appropriate.

(6) But the requirement to consult does not apply to regulations which—

1. amend other regulations made under that sub-paragraph, and
2. do not, in the opinion of the Welsh Ministers, effect any substantial change in the provision made by the regulations to be amended.

Domiciliary support services

(1) A “domiciliary support service” is the provision of care and support to a person who by reason of vulnerability or need (other than vulnerability or need arising only because the person is of a young age) is unable to provide it for him or herself and is provided at the place in Wales where the person lives (including making arrangements for or providing services in connection with such provision).

(2) But the provision of care and support does not constitute a domiciliary support service if—

1. it is provided by an individual without the involvement of an undertaking acting as an employment agency or employment business (within the meaning given to those expressions by section 13  of the Employment Agencies Act 1973 (c.35)), and who works wholly under the direction and control of the person receiving the care and support, or
2. it is provided—
   1. (i) at a place where a care home service, secure accommodation service, residential family centre service or accommodation arranged as part of an adult placement service is provided, or
   2. (ii) at a hospital.

(3) A person who introduces individuals who provide a domiciliary support service to individuals who may wish to receive it but has no ongoing role in the direction or control of the care and support provided is not to be treated as providing a domiciliary support service (regardless of whether or not the introduction is for profit).

Special School Residential Services

A special school residential service is the provision of accommodation together with care or nursing at a special school in Wales for pupils of the school.

Special school means a school, whether or not maintained by a local authority, all or most of whose educational provision is specially organised to make additional learning provision for persons with additional learning needs.

Care home services

2 (1) The following things are not to be treated as a care home service, despite paragraph 1 of Schedule 1 to the Act (regulated services: definitions, care home services)—

1. the provision of accommodation, together with nursing or care, to an adult—
   1. (i) in the course of a family or personal relationship, and
   2. (ii) for no commercial consideration;
2. the provision of accommodation, together with nursing or care, to adults for a period of less than 28 days in any 12 month period or for a number of periods which in total are less than 28 days in any 12 month period;
3. the provision of accommodation, together with nursing, where the accommodation is vested—
   1. (i) in the Welsh Ministers for the purposes of their functions under the National Health Service (Wales) Act 2006;
   2. (ii) in an NHS trust;
   3. (iii) in a Local Health Board.
4. the provision of accommodation, together with care, where the accommodation is provided—
   1. (i) by an institution within the further education sector; or
   2. (ii) by a university.

But this exception does not apply if the number of persons to whom such accommodation is provided is more than one tenth of the number of students to whom it provides both education and accommodation.

For the purposes of this paragraph, “further education sector” (“sector addysg bellach”) has the same meaning as in section 91(3) of the Further and Higher Education Act 1992;

5. the provision of accommodation, together with care, where the care provided constitutes child minding within the meaning of section 19(2), or day care within the meaning of section 19(3) of the Children and Families (Wales) Measure 2010 but this exception does not apply if—
   1. (i) in any 12 month period there are 28 or more periods of 24 hours during which more than 15 hours of child minding or day care are provided in relation to any one child; or
   2. the care is provided wholly or mainly for disabled children;
6. the provision of accommodation, together with care, where the accommodation is provided for children aged 16 and over only for the purposes of enabling the children to undergo training or an apprenticeship. But this exception does not apply if care is provided wholly or mainly for disabled children;
7. the provision of accommodation, together with care, where the accommodation is provided to children at an approved bail hostel or approved probation hostel;
8. the provision of accommodation, together with care, where the accommodation is an institution for young offenders provided under or by virtue of section 43(1) of the Prison Act 1952;
9. the provision of accommodation, together with care, where the accommodation is provided to children... for the purposes of—
   1. (i) a holiday;
   2. a leisure, recreational, sporting, cultural or educational activity;

But this exception does not apply—

(i) in any case where care is provided wholly or mainly for disabled children unless the service provider has first notified the Welsh Ministers of the arrangements in writing;

(ii) if the accommodation is provided to any one child for more than 28 days in any 12 month period, unless the accommodation is only provided to children over the age of 16

10. the provision of accommodation, together with care, to a single child or to a sibling group by a person in that person’s own home and where care and accommodation are not provided by that person for a total of more than 28 days in any 12 month period . 
11. the provision of accommodation, together with nursing or care, to adults in a local authority intermediate care service. But this exception does not apply unless -
    1. (i) the local authority is solely responsible for providing the intermediate care, and
    2. (ii) the intermediate care is provided for no more than sixteen weeks at a time to any one adult.

(2) For the purposes of paragraph (1)(e), (f) and (i) of this regulation, a child is “disabled” if the child has a disability for the purposes of the Equality Act 2010.

(3) See regulation 5 for the meaning of family or personal relationship.

(4) In subparagraph (1)(j) of this regulation, “sibling group” includes both brothers and sisters, and half-brothers and half-sisters.

(5) For the purposes of paragraph (1)(l) of this regulation - 

“intermediate care” means the provision of accommodation, together with nursing or care, to an adult for a limited period for the purpose of promoting the adult’s ability to live independently in their own home by -

1. avoiding unnecessary admission to hospital,
2. minimising the duration of any admission to hospital by enabling timely discharge,
3. enabling recovery following discharge from hospital, or
4. preventing or delaying admission to a care home service.

“local authority intermediate care service” means a service providing intermediate care - 

1. which is provided by a local authority to an adult in accordance with its duties in Part 2 or 4 of the 2014 Act,
2. where the accommodation used for the purposes of the intermediate care is vested in the local authority, and
3. where any care and support is provided by a domiciliary support service the local authority is registered to provide.

Domiciliary support services

3.—(1) The following things are not to be treated as a domiciliary support service, despite paragraph 8 of Schedule 1 to the Act (regulated services: definitions, domiciliary support services)—

1. the provision of support only;
2. the provision of care and support to four or fewer individuals at any one time;
3. the provision of care and support for an adult—
   1. (i) in the course of a family or personal relationship, and
   2. (ii) for no commercial consideration;
4. the provision of care and support for a child by a parent, relative or foster parent;
5. the provision of care and support by a carer where such care and support is provided without the involvement of an undertaking acting as an employment agency or employment business (within the meaning given to those expressions by section 13 of the Employment Agencies Act 1973), and where the carer works wholly under the direction and control of a related third party;
6. arrangements for the supply of carers to a service provider by an undertaking acting as an employment agency or employment business for the purpose of the provision of a regulated service by the service provider;
7. the provision of care and support where the care and support is provided by a person managing a prison or other similar custodial establishment;
8. the provision of nursing care by a registered nurse;
9. the provision of care and support by a Local Health Board to meet needs which are related to the needs of individuals for nursing care; 

(2) In paragraph (1)(e) and (f), “carer” means an individual who provides care to a person referred to in paragraph 8(1) of Schedule 1 to the Act.

(3) In paragraph (1)(e), “related third party” means—

1. an individual with parental responsibility (within the meaning of section 3 of the Children Act 1989) for a child to whom care and support is to be provided;
2. an individual with power of attorney or other lawful authority to make arrangements on behalf of the individual to whom care and support is to be provided;
3. a group of individuals mentioned in either of sub-paragraphs (a) or (b) making arrangements on behalf of no more than four named individuals to whom care and support is to be provided;
4. a trust established for the purpose of providing services to meet the care and support needs of a named individual.

(4) See regulation 5 for the meaning of family or personal relationship.

Residential family centre services

(1) The following things are not to be treated as a residential family centre service, despite paragraph 3 of Schedule 1 to the Act (regulated services: definitions, residential family centre services) —

1. the provision of accommodation for children and their parents where the accommodation is provided in a hospital (“Hospital” is defined in paragraph 9 of Schedule 1 to the Act and includes an independent clinic);
2. the provision of accommodation for children and their parents where the accommodation is provided in a hostel or a domestic violence refuge;
3. in any other case, the provision of accommodation for children and their parents the main purpose of which is the provision of accommodation together with other services and facilities to adult individuals and the fact that those individuals may be parents, or may be accompanied by their children, is incidental to the main purpose of the provision of the accommodation.

Adoption Services 

(1) The following services are not to be treated as an adoption service, despite paragraph 4 of Schedule 1 to the Act (regulated services: definitions, adoption service)—

1. the provision of a service in relation to adoption by a person, in the course of a legal activity (within the meaning of the Legal Services Act 2007), who is—
   1. (i) an authorised person for the purposes of that Act, or
   2. (ii) a European lawyer (within the meaning of the European Communities (Services of Lawyers) Order 1978);
2. the provision of services to enable groups of adoptive children, adoptive parents and birth parents or former guardians of an adoptive child to discuss matters relating to adoption;
3. the provision of respite care to an adoptive child or an adoptive parent by a care home service or domiciliary support service in respect of which a person is registered under chapter 2 of Part 1 of the Act;
4.  the provision of respite care in relation to an adoptive child consisting of child minding or day care within the meaning in Part 2 of the Children and Families (Wales) Measure 2010 and in respect of which a person is registered for child minding or day care under that Part of that Measure;
5. the provision of adoption support services by a person who provides those services—
   1. (i) otherwise than in partnership with others, and
   2. (ii) under a contract for services with—

(aa) a regulated adoption service, or

(bb) a local authority adoption service.

(2) In paragraph (1)(e), a person does not include the plural and is not a corporate body.

Advocacy Services 

But a service referred to in paragraph (1) is not an advocacy service—

1. (a) if it is provided by a person in the course of a legal activity within the meaning of the Legal Services Act 2007 by a person who is—
   1. (i) an authorised person for the purposes of that Act, or           
   2. (ii) a European lawyer (within the meaning of the European Communities (Services of Lawyers) Order 1978);
2. if the assistance is provided by a Welsh family proceedings officer in the course of discharging functions in relation to family proceedings;
3. if the assistance is provided by the Children's Commissioner for Wales or by a member of staff of the Children's Commissioner for Wales;
4. if it is provided by a person who has not provided and does not intend to provide advocacy to more than 4 persons within any 12 month period;
5. to the extent that it is provided by a relative or friend of the person on whose behalf representations are made or are intended to be made.

(3) In this regulation—

1. the following words and phrases have the meanings ascribed to them—
   1. (i) "relative" means a parent or other person with parental responsibility, brother, sister, uncle or aunt (whether by marriage or civil partnership), grandparent, step-parent, foster parent or prospective adopter with whom the child is placed;
   2. (ii) "family proceedings" has the meaning given by section 12  of the Criminal Justice and Court Services Act 2000;
   3. (iii) "Welsh family proceedings officer" has the same meaning as in section 35(4)  of the Children Act 2004;
   4. (iv) "sibling group" includes both brothers and sisters and half-brothers and half-sisters; and
2. in determining whether a person has provided or intends to provide an advocacy service to more than 4 persons for the purpose of paragraph (2)(d), provision of advocacy to a sibling group is counted as provision of advocacy to a single person.

Special School Residential Services

Accommodation together with care or nursing provided at a special school in Wales for pupils is not a special school residential service if it is provided at—

• a place where a care home service is provided,
• a place where a secure accommodation service is provided a hospital. 

(1) In this Part, “responsible individual” means an individual—

1. who is eligible to be a responsible individual under subsection (2),
2. who the Welsh Ministers are satisfied is a fit and proper person to be a responsible individual (see section 9), and
3. designated by a service provider in respect of a place at, from or in relation to which the provider provides a regulated service and specified as such in the service provider's registration.

(2) To be eligible to be a responsible individual the individual must—

1. where the service provider is an individual, be the service provider;
2. where the service provider is a partnership, be one of the partners;
3. where the service provider is a body corporate other than a local authority—
   1. (i) be a director or similar officer of the body,
   2. (ii) in the case of a public limited company, be a director or company secretary, or
   3. (iii) in the case of a body corporate whose affairs are managed by its members, be a member of the body;
4. where the service provider is an unincorporated body, be a member of the body;
5. where the service provider is a local authority, be an officer of the local authority designated by the authority's director of social services.

(3) For the purposes of subsection (2)(e), a local authority's director of social services may designate an officer only if the director thinks that the officer has the necessary experience and expertise to be a responsible individual.

(4) The same responsible individual may be designated in relation to more than one place at, from or in relation to which a regulated service is provided.

(1) This section applies to any decision of the Welsh Ministers as to whether—

1. a service provider,
2. a person applying to be a service provider,
3. a responsible individual, or
4. a person to be designated as a responsible individual, is a fit and proper person to be a service provider or, as the case may be, a responsible individual.

(2) In making such a decision the Welsh Ministers must have regard to all matters they think appropriate.

(3) In particular, the Welsh Ministers must have regard to any evidence falling within subsections (4) to (8).

(4) Evidence falls within this subsection if it shows that the person has—

1. committed—
   1. (i) any offence involving fraud or other dishonesty, violence, firearms or drugs or any offence listed in Schedule 3  to the Sexual Offences Act 2003 (c.42) (offences attracting notification requirements),
   2. (ii) an offence under this Act or regulations made under it,
   3. (iii) an offence under Part 2  of the Care Standards Act 2000 (c.14) or regulations made under it, or
   4. (iv) any other offence which the Welsh Ministers think is relevant, or
2. practised unlawful discrimination or harassment on the grounds of any characteristic which is a protected characteristic under section 4  of the Equality Act 2010 (c.15), or victimised another person contrary to that Act, in or in connection with the carrying on of any business.

(5) Evidence is within this subsection if—

1. it shows that any other person associated or formerly associated with the person (whether on a personal, work or other basis) has done any of the things set out in subsection (4), and
2. it appears to the Welsh Ministers that the evidence is relevant to the question as to whether the person is a fit and proper person to be a service provider or, as the case may be, a responsible individual.

(6) Evidence is within this subsection if it shows that the person has been responsible for, contributed to or facilitated misconduct or mismanagement in the provision—

1. of a regulated service or a service provided outside Wales which, if provided in Wales, would be a regulated service;
2. of a service which would have fallen within paragraph (a) had the regulatory system established by this Part been operating at the time the service was being provided.

(7) When having regard to evidence within subsection (6), the Welsh Ministers must, among other things, take account of—

1. the seriousness and duration of the misconduct or mismanagement;
2. harm caused to any person, or any evidence of an intent to cause harm;
3. any financial gain made by the person;
4. any action taken by the person to remedy the misconduct or mismanagement.
5. where the person is a service provider that-
   1. (i) is registered in respect of a restricted children's service, and
   2. (ii) is subject to the requirement in section 6A(1), whether it appears to the Welsh Ministers that the provider has entered into a financial arrangement that falls within section 9A .

(8) Evidence is within this subsection if it shows that the person has previously failed to comply with—

1. an undertaking given under section 7(1)(a)(ii)  or 11(3)(a)(ii),
2. a condition imposed under this Part, or
3. a requirement imposed by regulations under section 27(1)  or 28(1).

(9) The Welsh Ministers may by regulations amend this section to vary the evidence to which they must have regard.

Section 9A: Fit and proper person test: financial arrangements relating to restricted children's services

(1) For the purposes of the fit and proper person test in section 9 , a financial arrangement falls within this section if it is an arrangement with or for the benefit of a relevant person that-

1. is unreasonable or disproportionate in all of the circumstances, and
2. (in consequence) may undermine the service provider's pursuit of its objects or purposes (as to which, see section 6A(3)).

(2) When determining whether such a financial arrangement has been entered into, regard must be had to-

1. (the size or value of the arrangement and its purpose (including the extent to which it relates to the provision of the restricted children's service);
2. the size or value of the arrangement relative to the amount of income the service provider receives from providing the restricted children's service;
3. the proportion of the service provider's total income that comes from providing the restricted children's service;
4. the well-being of children who receive care and support (in the provision of the restricted children's service).

(3) For the purposes of section 9(7)(e) and this section-

1. "entering into a financial arrangement" includes but is not limited to making a payment or awarding any benefit (direct or indirect) that has monetary value (and references to a financial arrangement are to be read as including a series of arrangements);
2. "relevant person" means any of the following-
   1. (i) an employee, worker or officer of the service provider;
   2. (ii) a person connected to an employee, worker or officer of the service provider; where the service provider is part of a group of persons under common ownership or common control, any person within that group.
      9B Financial arrangements relating to restricted children's services: supplementary provision

(1) In section 9A(3)(b) -

1. "employee" and "worker" have the meanings given by section 230 of the Employment Rights Act 1996 (c. 18) ;
2. an "officer" means-
   1. (i) any director, manager, secretary or other similar officer of the service provider (and, in relation to a service provider whose affairs are managed by its members, "director" means a member of the service provider);
   2. (ii) any other person having the general control and management of the service provider, and, where the service provider is a charity, this includes any charity trustee within the meaning of the Charities Acts.

(2) For the purposes of section 9A(3)(b) , the following are connected to an employee, worker or officer of the service provider-

1. their child, parent, grandchild, grandparent, brother or sister;
2. their spouse or civil partner;
3. a person carrying on business in partnership with them or with any person falling within paragraph (a) or (b);
4. an institution which is controlled-
   1. (i) by them or by any person falling within paragraph (a), (b) or (c), or
   2. (ii) by two or more persons falling within sub-paragraph (i), when taken together;
5. a body corporate in which-
   1. (i)    the person or any connected person falling within any of paragraphs (a) to (c) has a substantial interest, or
   2. (ii)    two or more persons falling within sub-paragraph (i), when taken together, have a substantial interest.

(3)    In subsection (2)-

1. "child" includes a stepchild;
2. where two people are not married to, or civil partners of, each other but live together as if they were a married couple or civil partners, each of them is to be treated as the spouse or civil partner of the other;
3. "institution" has the meaning given by section 9(3) of the Charities Act 2011 and a person controls an institution if the person is able, directly or indirectly, to secure that the affairs of the institution are conducted in accordance with the person's wishes;
4. references to having a "substantial interest in a body corporate" have the meaning given by section 352 of the Charities Act 2011 .

(4) For the purposes of section 9A(3)(b)(iii) , a group of persons is to be treated as being under common control if the group-

1. is a group of interconnected bodies corporate,
2. consists of bodies corporate of which one and the same person or group of persons has control, or
3. consists of one or more bodies corporate and a person who, or a group of persons which, has control of that or those bodies corporate.

(5) In subsection (4), a "group of interconnected bodies corporate" means a group consisting of two or more bodies corporate all of which are interconnected with each other.

(6)    For the purposes of subsection (5), any two bodies corporate are interconnected if-

1. one of them is a body corporate of which the other is a subsidiary, or
2. both of them are subsidiaries of one and the same body corporate (and "interconnected bodies corporate" is to be construed accordingly).

(7)    For the purposes of subsection (4)(b) and (c), a person or group of persons controls a body corporate if the person or group of persons is able, directly or indirectly, to secure that the affairs of the body corporate are conducted in accordance with the wishes of the person or group of persons.

(8)    In this section-

• "the Charities Acts" ("y Deddfau Elusennau ") means the Charities Act 2011 (c. 25) , the Charities and Trustee Investment (Scotland) Act 2005 (asp 10) and the Charities Act (Northern Ireland) 2008 (c. 12) ;
• "person" ("person ") includes a body corporate, a partnership and an unincorporated association;
• "subsidiary" ("is-gorff ") has the meaning given by section 1159 of the Companies Act 2006 (c. 46) .

1. Begin by logging into your CIW Online account. Once logged in, click on your user name (top right hand corner)
2. Select ‘Activate’ from the drop down list. 
3. You will have received an Activation PIN either during the registration process or once the service has been registered.
4. Input your ‘Activation PIN’ number and ‘Date of Birth’ and press ‘Activate’.
5. On successful activation a message will be displayed confirming activation of your account.
6. If you encounter any difficulties activating your account or have not received an Activation PIN, please contact the CIW Registration Team on 0300 7900 126.

1. Adding a service

Information about the service

Information about the Responsible Individual

The level of information required may vary depending on whether the individual is already a Responsible Individual for another service within the Service Provider's registration.

• Name
• Address
• Date of birth
• Contact details
• Professional qualifications and experience
• Employment history
• Details of any previous or current involvement in other regulated services in the UK
• Details of any other business interests
• DBS certificate number or DBS Updates Service details

2. Designating a new Responsible Individual

Information about the Responsible Individual

The level of information required may vary depending on whether the individual is already a Responsible Individual for another service within the Service Provider's registration.The level of information required may vary depending on whether the individual is already a Responsible Individual for another service within the Service Provider's registration.

Information about the individual

• Name
• Address
• Date of birth
• Contact details
• Professional qualifications and experience
• Employment history
• Details of any previous or current involvement in other regulated services in the UK
• Details of any other business interests
• DBS certificate number or DBS Updates Service details

3. Removing the Responsible Individual for a service

4. Varying the maximum number of people that can be accommodated at the service

• Current maximum number of people accommodated at the service
• Proposed maximum number of people you intend to accommodate at the service
• Summary of the reasons why you are requesting to change the number of people accommodated
• Proposed date this change will come into effect
• Upload a copy of your revised Statement of Purpose
• Upload any additional supporting documentation
• Any other information

5. Removing a service from the Service Provider's registration

Transfer details

• Is the service being transferred to a new provider?
• What is the name of the purchasing organisation / individual
• What are the current arrangements and timescales in place to complete the transfer of the service to the new provider

Details of variation

• From what date is the service to be removed from the provider's registration?
• Reason for variation
• Details of variation
• Summary of how you will comply with the Regulated Services (Service Providers and Responsible Individuals) (Wales) Regulations 2017 up until the date of closure

Details of notice given

• Have people using the service been informed about your intention to remove this service from your registration?
  • Date Service users were informed
  • If not informed, please summarise the reasons why
• Have the families of people using the service been informed about your intention to remove this service from your registration?
  • Date family members were informed
  • If not informed, please summarise the reasons why
• Have commissioners been informed about your intention to remove this service from your registration?
  • Date commissioners were informed
  • If not informed, please summarise the reasons why
• Any other informationAny other information

6. Change of legal entity

• New company details
• Companies House number, Charity Commission number, Financial Conduct Authority number or equivalent
• Governance documents
• Confirmation of Responsible Individual
• Policies and procedures declaration

When an RI Interview will be required: 

• For all first time new applications, 
• For all add a new Responsible Individual variation applications for existing service(s), 
• For all Add a Service variation applications for existing service providers where there are current compliance or oversight concerns about the service(s), 
• In each instance where the new nominated RI is a similar officer of the organisation, 
• In all instances where there are any concerns as regards RI capacity to perform role in relation to an increasing number of services, and 
• In any instance where the nominated RI has a positive DBS which has not previously been discussed with CIW. 

Where none of the above apply, we may consider that an RI Interview will not be required provided that;

• the person nominated as RI has been interviewed and approved by CIW in the preceding 12 months in relation to the relevant approved service provider

Accommodation-based services

Visits to occupied services may be subject to risk assessment, and in some cases a virtual premises assessment may be undertaken.

Non-accommodation-based services (domiciliary support services, adoption services, fostering services, adult placement services and advocacy services)

In all cases, this will only form part of the decision as to whether a visit is undertaken. Each application is considered on its own merits and all available information is taken into account.

Annex 18a: Location assessment for homes for children looked after

To evidence a thorough assessment of the location of your proposed care home for children, please complete the Care Inspectorate Wales template example of a location assessment for a care home for children, where you will be asked to provide CIW information in response to each of the following questions.

1. Tell us about what consultation you have had with the relevant local and regional commissioners, and local authority planning departments, to demonstrate that consideration has been given to the location of the home in relation to the likely demand for the service within the relevant local authority areas and the wider sub-region or region.
2. Please detail the features in the local community that would benefit children, such as leisure, sport, cultural activities and transport links.
3. Please detail how children will access relevant education and healthcare services in line with your service model and Statement of Purpose.
4. Please detail how the service will support access to services and resources that would support a child's cultural or ethnic identity. How will you support equality, diversity and inclusion?
5. How have you considered the suitability of the local neighbourhood as a location to care for children who may have already been victims of abuse or neglect?
6. How have you considered whether the home's location increases the potential for an already vulnerable child to be a victim of crime, such as being targeted for sexual exploitation or other forms of exploitation, or whether there is a likelihood of children living in the home becoming drawn into gang crime or anti-social behaviour in the local area?
7. Tell us about how you have considered any other factors in the local environment that would represent a hazard to children, such as reservoirs, busy roads or railway lines, and how you plan to mitigate these risks.

You can also upload any risk assessments associated with any of the above findings as part of your application.

Our approach to registration 

As part of our registration processes, we ensure the correct legal entity (or entities) responsible for providing a service is registered. In cases where a single legal entity is responsible for providing the service, the Service Provider will be registered as a single legal entity. Where more than one legal entity is responsible for providing a service, these legal entities will be required to register jointly as the Service Provider.

To ensure we hold the right company/companies to account for the care provided, we register those who direct, control and are ultimately responsible for the quality and safety of services.  This enables us to take action against those ultimately responsible for ensuring that the care provided is high quality and meets the requirements of regulations. 

From 1 April 2026 not-for-profit providers of a restricted children’s service cannot be owned by a for-profit organisation.

What is contract novation? 

Contract novation is where a Service Provider wishes to alter its contractual relationship with a local authority by transferring the responsibilities and benefits to a third party. Often this involves a management company entering into contracts with the local authority, whilst subcontracting the delivery of the regulated service to a third party.   

We will need to ensure these arrangements do not alter the legal entity or entities providing the service and therefore the Service Provider’s registration. 

How does CIW assess which legal entity is required to register? 

In order to determine which legal entity or entities is providing the service, we ask providers a number of questions, such as:

• Who owns the premises (where applicable)?
• Which legal entity enters into employment contracts with staff?  
• Which legal entity holds the employee and public liability insurances?  
• Which legal entity is accountable for any liabilities which may arise?  
• Whether each legal entity recruits staff independently or jointly?   
• Which legal entity employs or engages staff who: 
  • deliver care, 
  • manage delivery of care, or
  • oversee the delivery of the service? 
• Which legal entity manages core functions – such as, training, staff development, record management? 
• Whether the day-to-day management of devising rotas, conducting supervision and/or training is split between the legal entities?  
• Whether each legal entity enters into contracts with clients independently or jointly?  
• Which legal entity enters into contracts with commissioners or privately funded customers?  
• Where “top ups” are provided, which legal entity charges the customer?
• Whether the entity which is directly providing the regulated service is financially autonomous or whether financial decisions and decisions about resourcing are taken by another entity ? 
• Which legal entity makes decisions about placements or the suitability of the service for a person?
• Which legal entity makes decisions about the purchase of goods and services required to ensure the needs of service users are met such as fuel, IT services, utilities, cleaning services?

In addition, we may ask providers to submit documentation, such as:

• Any inter-company service agreement to demonstrate the separation of responsibilities between the respective legal entities regarding the provision and delivery of care,
• The subcontract with the third party. 

The answers to the above questions will be considered by the Registration Team to determine which legal entity/entities directs, controls and are ultimately responsible for the quality and safety of the service. Where necessary legal advice will be sought to assist with our decision. 

What are the registration implications? 

For new services 

Where it is determined joint legal entities are responsible for providing the service, a joint registration application will be required. Providers should seek advice from the Registration Team prior to submitting an application. 

For registered services

Where it is determined a different legal entity or joint legal entities are responsible for providing the service, a new registration application will be required. 

Providers are encouraged to seek registration advice from CIW prior to novating contracts with local authorities, to ensure a legal entity does not begin providing a service, without being registered to do so. 

Local authorities are encouraged to confirm with providers that any CIW registration implications have been explored and to contact the CIW Registration Team for confirmation. 

Disclosure and Barring Service (DBS)

The Disclosure and Barring Service (DBS) helps employers make safer recruitment decisions and prevent unsuitable people from working with vulnerable groups, including children. A standard DBS check will show any unspent convictions, warnings and reprimands. An enhanced DBS check will show all cautions, warnings and reprimands, as well as spent and unspent convictions. It can also search the children and vulnerable adults ‘barred lists’ to see if the applicant is prohibited from working with these groups. Local police can add any relevant information about the applicant.

Enforcement

A range of actions taken by CSSIW against a service provider who does not comply with regulatory requirements or the conditions of their registration. This can range from the issuing of non-compliance notices to cancellation of a service provider’s registration. 

Fit and proper person

Someone deemed by the Welsh Ministers to be eligible and suitable for the role of service provider or responsible individual. See Annex 5 for the full test. 

Inspection

This is when the inspectorate checks and assesses the standard of care and support provided by a service provider in the course of providing a regulated service. 

Legal entity

This means an individual, company, or organisation that has legal rights and obligations. 

Regulation and Inspection of Social Care (Wales) Act 2016 (“the Act”) 

Legislation introducing a new system of service regulation and inspection that will come into force in April 2018 and be fully implemented and operational by April 2019

Regulations

Sets out the requirements that providers and responsible individuals must meet in order to register and operate a service. 

Regulated service(s)

This refers to any of the types of services defined under the Act, such as a care home service or domiciliary support service.

Responsible individual (RI)

A person designated by a service provider to act on their behalf in relation to a registered service(s). 

Restricted children’s service

The term “restricted children's service” is defined in new section 2A of the 2016 Act as a fostering service, a children’s home service or a secure accommodation service. 

The term “children’s home service” is a new term in the 2016 Act which does not create a new category of regulated service but identifies which care home services are subject to the removal of profit provisions. 

Service

This refers to an individual service. For care homes this would be a care home, carried out at a specific location. For domiciliary support services this would be an individual service, carried out in a specific area. 

Social Care Wales 

Social Care Wales is the social care workforce regulator in Wales. It sets standards for, and develops the social care workforce; making them accountable for their work and provides information on care and support for the public, the workforce and other organisations. 

Statement of Purpose

The Statement of Purpose is the key document which sets out your visions for the service and how you intend to meet the needs of the people using it. 

For more information on what the Statement of Purpose must contain, please see our Guidance on compiling a Statement of Purpose.

The Act

The Regulation and Inspection of Social Care (Wales) Act 2016.

The 2025 Act

The Health and Social Care (Wales) Act 2025

The 2014 Act

The Social Services and Well-being (Wales) Act 2014. This legislation is the legal framework for improving the well-being of people who need care and support, and carers, and for transforming social services in Wales