1) Introduction and aim of the Milton Keynes Council Personal Assistant Register

1.1 The Milton Keynes Council Personal Assistant Register

• Provides a register of PAs who can provide care and support in Milton Keynes.
• Assists adults who need care and support and their families to search for PAs who are available for work and who provide the help they are looking for.

1.2 Joining the PA register does not provide the PA with any guarantee of work. The register does not guarantee to include all PAs who work in the Milton Keynes area and it does not aim to limit the choice of PA who can be employed/engaged by any individual.

1.3 The register is for information purposes only and does not constitute a relationship of employment or agency created between the Council and users of the PA Register.

1.4 The Council does not accept any responsibility or liability for the quality, suitability or timeliness of the PAs work. 

2) Milton Keynes Council tasks and responsibilities

2.1 The Council will manage the register and ensure that it is maintained.  This will include:

• managing all personal details contained within the register or related administration records in accordance with the Data Protection Act
• providing a register administrator to support applicants and oversee the quality of information provided on the register
• carrying out audits to ensure that the information contained on the register is up to date

2.2 The Council will check all new registrations which will include:

• an identity check
• current “Right to Work” in the United Kingdom status
• That the PA has completed a minimum of Adult Safeguarding and Mental Capacity Act training within the 3 years prior to joining the register.

Before adding a PA to the register the Council will also do an enhanced Disclosure and Barring Service (DBS) check.  Registration checks will normally take 5-10 days depending on completion of the DBS check.

2.3 The Council will provide (on-line) training to Personal Assistants who wish to be included on the register.

• PA’s who have not completed Adult Safeguarding and Mental Capacity Act training within the last 3 years MUST complete both of these modules.  These will be free of charge and completion will be verified by the PA Register administrator.  Please note that the council will ONLY verify the theory element of courses undertaken via the online training.
• PA’s may optionally complete additional modules based on the knowledge elements of the Care Certificate.  A maximum of 13 modules will be available free of charge and completion will be verified by the PA Register administrator.
• Further modules may be completed but there may be a charge to the PA or their employer to cover the cost of verification by the PA Register administrator.  This should be discussed with the PA Register administrator BEFORE any course is begun.

Recommended modules are as follows:

PAs may also be able to access training through the programme of courses offered by the Adult Social Care Learning and Development Team.  There may be an additional cost for this

2.4 The Council will check each PA’s profile as necessary to:

• Approve any changes to a PA’s details which are made by the PA using their personal logon.
• Ensure they have a current (updated) “Right to Work” in the United Kingdom status
• Ensure that they update their Adult Safeguarding and Mental Capacity Act training every 3 years
• Ensure that they have a DBS check carried out within the last 5 years.

It is the PA’s responsibility to ensure that their profile is maintained but the PA Register Administrator may send reminders as necessary.

2.5 In the event there is a concern or complaint regarding a PA who is included on the register the Council will investigate this, and as appropriate it will follow the Comments, Compliments and Complaints or Safeguarding Processes.

2.6 The Council reserves the right to suspend/terminate a PA from the register if the Council has reasonable grounds to believe that:

• There is a breach of these terms and conditions
• There is a breach of any laws or regulations
• The PA is engaged in fraudulent activity
• There are serious complaints or concerns about the quality of care/support provided
• There are complaints or concerns of  a safeguarding nature
• The Council is unable to contact a PA to verify any of the information provided on the register.

2.7 The Council reserves the right to forward the PA’s contact details to any regulatory authorities if it is required to do so and if considered necessary for safeguarding purposes the Council will share information about the PA.

3) PA tasks and Responsibilities

3.1 To appear on the register as a PA, an individual must complete an online registration form.  By completing and submitting the form, the PA is deemed to be entering into an arrangement with the Council and agrees to this Terms and Conditions document.  The PA must additionally:

• guarantee that the information provided is, correct and up-to-date
• agree to the Council keeping all the details submitted on the PA register database, this information will be held by Milton Keynes Council in accordance with Data Protection Law.
• consent to the use of their personal information to facilitate people who are looking for a PA.
• adhere to the Skills for Care Code of Conduct for Healthcare Support Workers and Adult Social Care Workers in England

3.2. The PA must have completed a minimum of Adult Safeguarding and Mental Capacity Act training within the last 3 years OR MUST complete both of these modules through ‘Log on to Care’ before being approved to be included on the register.  They may optionally complete additional modules as described in Section 2.3 of this Terms and Conditions document.

3.3 In order to appear on the PA Register the PA must agree to the Council carrying out an enhanced Disclosure and Barring Service (DBS) check.  This will be deemed to be effective for 5 years after which time it MUST be renewed, the associated charge must be met by the PA or their employer (this is subject to negotiation between the parties involved).

3.4 The PA must maintain their profile on the Register to ensure it remains current.  They will be given a personal ‘login in order to do this.  The Log-in details must be kept securely and not shared with any other person.

3.5 The PA must notify the Council if he/she is no longer available for work, he/she can, at any time request to be removed from the register.

4) Individuals looking for a PA tasks and Responsibilities

4.1 There is no registration process for people who wish to search the register for available Personal Assistants.

4.2 Milton Keynes Council has undertaken checks on each PA appearing on the register but it strongly recommends that the person looking for a PA completes a comprehensive recruitment and selection process.

4.3 It is the responsibility of the person engaging the PA to ensure that

• The PA has appropriate training in order to carry out their agreed tasks/job role.  Please note that the council will ONLY verify the theory element of courses undertaken via the online training described in Section 2.3 of this Terms and Conditions document; no evidence of practical skills or competency has been checked. The Council strongly recommends that you check the appropriateness of any other training the PA may have completed or undertakes.
• The PA has a current DBS check. Checks will be deemed to be effective for 5 years after which time it MUST be renewed, the associated charge must be met by the PA or their employer (this is subject to negotiation between the parties involved).
• They have sufficient funds(private, council or health funding) to pay the PA for the work agreed.
• They are clear about the employment status of the PA and this is correct for tax and national insurance, and checked with HM Revenue and Customs.  Most PAs are directly employed by the person that they assist although some PAs work on a self-employed basis. (Please refer to Employing someone to work in your home)

4.4 If you choose to employ your own staff legally you become their employer and you will then have a number of legal, financial and practical responsibilities such as:

• employment contracts, supervision and training
• employers liability insurance
• paying wages, national insurance and income tax
• sick pay, maternity pay and holiday pay
• arrangements when your staff are unable to support you e.g. when they are ill.

4.5 The council has an arrangement with a local Employment Support Service to help people who employ their own staff and recommends that you use this.  This service is free to anyone the Council assesses as eligible for support and who the Council refers to the service.  People who access the service themselves (outside of any MKC assessed intervention) may be charged by the service.

4.6 Any person who is employing a PA who appears on the PA Register can report a concern which they believe should lead to the PA being suspended/removed from the Register to the PA Register Administrator.  Additionally;

• Any person employing a PA who is receiving funded support from Milton Keynes Council will be able to raise concerns regarding their PA with the Social Work team or contracted Employment Support Service.
• Anyone can report concerns to the Council using the Comments, Compliments and Complaints or Safeguarding Processes.

5) General Responsibilities

Users of the PA register will not:

• post, list, or upload content or information that is inappropriate or offensive;
• post false, inaccurate, misleading, defamatory or libellous information;
• breach any laws, third party rights or our terms and conditions;
• distribute or post spam (i.e. unsolicited or bulk electronic or postal communications);
• discriminate against the protected characteristics as described in the Equalities Act 2010.