GN Law - Our People News and TV

Consultation on regulatory enforcement in care homes

Our People - GN
5 December, 2012

The government is currently consulting on regulation in care homes, and wants to hear from anyone who has an interest in this subject, whether it be from a business perspective or from someone residing in a care home, or someone whose family member is.

Part of the aim of the consultation is to “enable providers to achieve the highest standards of care, while removing confusing bureaucratic requirements that divert carers from meeting the needs of residents” (Focus on Enforcement website – link below).

There are many disparate sources of regulations for a care home to comply with, and that can make compliance itself a full-time job, detracting from the main task at hand which is to care for the residents. Furthermore, there is no clear source of information, guidance or training for care home providers to help them navigate through these regulations.

The consultation is being run by the Department for Business, Innovation and Skills (DBIS). It may seem strange that the Department for Health is not involved, but it brings home that for many people, care homes are a business. It also suggests that the consultation is coming from the point of view of reducing the burden on care homes. It is important therefore for individuals to provide their views too in this consultation to balance the information gathered. For a care home, the fewer the regulations there are the easier it is to get on with business and the job at hand. However, it is important to remember that the regulations are there for a reason, and that is to protect some of the most vulnerable people in our society.

It is clear that regulation of care homes is an area that requires improvement, particularly with our now ageing population and more adults going into care than ever before and even more so in the current climate where abuse in care homes is increasingly coming to light.

The consultation is therefore a positive step, however it will remain to be seen how the information gathered will be used, and what the outcome will be. Given the criticism the Care Quality Commission (CQC), the independent regulator with responsibility for ensuring care homes are complying with national standards, has received from some it will also be interesting to see if their remit and powers will change in any way following this consultation. Some residents and their families may well express the view that the CQC should have more teeth, as regulations without enforcement are no protection to the vulnerable. No doubt the information gathered from this consultation will be considered hand in hand with the recent consultation the CQC have held regarding how they should work in the future.

Whatever your interest in the care home sector, it is important to express your views before the consultation ends on 18 December 2012. Go to http://discuss.bis.gov.uk/focusonenforcement/your-experiences-of-dealing-with-regulators to have your say.

Related Articles

Recently, the Supreme Court has given a judgment regarding ‘ordinary residence’ and the circumstances in which someone is discharged from detention in hospital.
Our People - GN
People visiting care homes in England will have to pay for Covid-19 Lateral Flow Tests from April 2022, the Government has said.
Our People - GN
Allowing visitors into care homes is crucial for maintaining the quality of life of residents and also allowing family and friends to maintain contact with their loved ones.
Our People - GN
Cerise White takes a look at the law surrounding family visiting loved ones in care homes during the COVID-19 pandemic.
Our People - Cerise White
Lilian Efstathiou looks at the consequences of Covid-19 on the Mental Capacity Act 2005.
Our People - Lilian Efstathiou
Lillian Efstathiou takes a look at the position on visiting loved ones in care homes during the current lockdown.
Our People - Lilian Efstathiou

Send a message

We will only use the information you enter in this form to contact you about your enquiry and will not share it with anyone else. Please read our Privacy Notice.

Please note that we are not accepting any new housing work at this time.