Care and Social Services Inspectorate Wales
Regulation 26
Domiciliary Care Agencies (Wales) Regulations 2004
NOTIFICATION OF SERIOUS INJURY AND OTHER
INCIDENTS
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GUIDANCE - COMPLYING WITH NOTIFICATION REQUIREMENTS
NOTIFICATION OF INCIDENTS
Regulation 26 of the Domiciliary Care Agencies (Wales) Regulations 2004 places a duty
on registered persons to notify the Care and Social Services Inspectorate Wales of the
occurrence of the following events.

any serious injury sustained by a service user in the agency premises or while a
domiciliary care worker is attending to the service user for the purposes of the
provision of personal care;

any incident which –
i. occurs in the agency premises or while a domiciliary care worker is
attending to the service user for the purposes of the provision of
personal care, and
ii. is reported to, or investigated by, the police; and

any allegation of misconduct by the registered person or any person who works
for the purposes of the agency.
The registered person shall ensure that the persons working for the agency are required
to inform the registered person without delay of any of the incidents described above.
The aim of this guidance is to help registered persons comply with Regulation 26. It sets
out lists of the type of circumstances which Care and Social Services Inspectorate
Wales considers would fall within the events specified by the Regulation. The lists are
however not exhaustive and registered persons are encouraged to notify the local office
of the Inspectorate of any incident which they may feel requires notification.
The notification to CSSIW should be within 24 hours of the registered person being
informed, or otherwise becoming aware, that such an incident has taken place.
Any oral notification given in accordance with this regulation must be confirmed in writing
within 48 hours to CSSIW. A contravention of Regulation 26 is a criminal offence.
According to the nature of the incident registered persons are reminded of the need to
consider notifying other authorities. Particularly there is a requirement to report certain
incidents under the Reporting of Injuries, Diseases and Dangerous Occurrences
Regulations 1995 whose website is found at www.riddor.gov.uk (Tel: 0845 3009923).
Consideration will have to be given to notifying the Police or Local Authority in
appropriate circumstances.
Examples of serious injury
• fractures
• head injury
• dislocation of the shoulder, hip, knee or spine
• chemical or any penetrating injury to the eye
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• injury resulting from an electric shock or electrical burn leading to unconsciousness or
requiring resuscitation or treatment in hospital
• any other injury leading to hypothermia, heat induced illness, burns, unconsciousness,
requiring resuscitation or requiring treatment in hospital
• unconsciousness caused by asphyxia or exposure to harmful substance or biological
agent
Examples of serious Incidents which should be reported to the police.
• Burglary
• Theft
• Fraud
• Assault
• Fire/Arson

Any allegation of misconduct by the registered person or any person
who works at the care home.
This includes any allegation of inappropriate care or behaviour contrary to the Care
Council for Wales’ Code of Practice.
Where there is any allegation of inappropriate care reference should also be made
to adult and children Safeguarding procedures
Attached:
Regulation 26 – ‘General’ Notice Form
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Care and Social Services Inspectorate Wales
Regulation 26 Notification
Please ensure that this form is completed clearly in block capitals.
An extra sheet of paper is included for your use if required.
Please indicate which of the following notification is relevant:
 serious injury sustained by a service user in the agency premises or while a
domiciliary care worker is attending on the service user for the purposes of
the provision of personal care
 an incident which has occurred in the agency premises and has been reported
to, or is, or has been investigated by the police
 an incident which has occurred while a domiciliary care worker was attending to
the service user for the purposes of the provision of personal care and which has
been reported to, or is or has been investigated by, the police
 an allegation of misconduct by the registered person or any person who works
for the purposes of the agency
√
Where did the incident take place?
Service user’s own home
√
Agency Office
Other Location (please specify)
Name and Address of Agency:
If Applicable – Name of Service User:
Tel No:
Date of Birth:
Nature of incident being reported; location of incident within (or outside of) building; how and
when registered persons became aware (date and time); action taken.
(Please continue on additional sheet if required)
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Name and designation of person reporting this event:
Name and address of any witness to the event (where relevant):
Did this result in:
Yes No
N/A
Treatment at A/E
Hospital admission
Who else has been notified of this injury/incident (e.g. Police, Local Authority, , RIDDOR):
If allegation of misconduct - Name(s)
and Professional Status of person(s)
against whom allegation made:
State further action to be taken:
Name of Person Completing this form:
Designation:
Date:
Signature::
(Please note: where the completed form is submitted electronically it is not
necessary to provide an additional ‘hard copy’ of the signature sheet).
In providing this information I understand that:

CSSIW will use the information I have provided to update any records they hold.

CSSIW will retain this information only where it is necessary for them to carry out
their role; that it is stored securely and that it is only kept for as long as necessary, in
line with their records retention schedule.
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
CSSIW will share information with other organisations where required to do so by
legislation or by the Courts where it is necessary and they are satisfied that this is in
accordance with the terms of the Data Protection Act 1998.

CSSIW will use the information collected to prepare statistical analyses (from which
individuals cannot be identified), to provide information to Welsh Ministers, which will
help them make decisions relating to policy changes and to maintain a public register
of registered persons.
I am aware that I can find further information on why CSSIW collect personal
information and how they will use it via their website.
Completed forms will often contain personal information and require adequate
protection. Therefore forms should only be submitted using one of the following
methods:
By secure email to your local CSSIW regional office:

North Wales –

South East Wales – CSSIW-Notifications-SouthEast@Wales.GSI.Gov.UK

South West Wales – CSSIW-Notification-SouthWest@Wales.GSI.Gov.UK

By Recorded Delivery to your local CSSIW regional office:
CSSIW-Notifications-North@Wales.GSI.Gov.UK
CSSIW North Wales
Region
CSSIW South East
Wales
Region
Government Buildings,
Sarn Mynach,
Llandudno Junction
LL31 9RZ
Welsh Government
Building,
Rhydycar Business
Park
Merthyr Tydfil
CF48 1UZ
Fax: 0872 437 7301
CSSIW South West
Wales Region
Government Buildings
Picton Terrace
Carmarthen
SA31 3BT
Fax: 0872 437 7303
Fax: 0872 437 7302
Important: Completed forms should not be sent directly to CSSIW staff.
CSSIW Office use only:
File only ………. Yes / No
Further info required (state action):
Signed:
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Date:
Care and Social Services Inspectorate Wales
Regulation 26 Notification
Please use this sheet if you require extra space to provide the information required.
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