The legislation which governs the establishment and running of homes and the general provision of community care services is listed below.
The Registered Homes Act 1984
This covers residential care homes in Part I and nursing homes
in Part II. Under an amendment in 1991, small residential care
homes of fewer than four people were also required to be registered.
Separate regulations were issued to accompany each part of the
Act:
The Department of Health issued two circulars in 1995 relating
to the regulation of residential care and nursing homes which
set out current approaches to regulation and deregulation with
a view to minimising paperwork and ensuring consistency of enforcement
practice across sectors:
NHS and Community Care Act 1990
Sections 42-45 enable local authorities to employ voluntary
organisations and private concerns as agents in providing welfare
services such as residential care; preserve the rights of people
already in voluntary and private homes when the new community
care arrangements came into effect; govern the charging for accommodation;
Section 46 requires local authorities to draw up plans
for community care services;
Section 47 requires local authorities to assess the care
needs of any person appearing to need community care services;
Section 48 requires inspection of premises used for provision
of community care services other than registered residential care
and nursing homes.
Mental Health Act 1983
Section 115 empowers approved
social workers to enter and inspect any premises where a mentally
disordered person is living if there is reason to believe he or
she is not under proper care.
Chronically Sick and Disabled Persons Act 1970
Disabled Persons (Services, Consultation and Representation)
Act 1986
Carers (Recognition and Services) Act 1995 enables local
authorities to assess the needs of carers as well as individuals
thought to be in need of community care services.
Race Relations Act 1976 Sections 20 and 22(2)(b) makes
unlawful for anyone providing accommodation to the public, or
a section of the public, in a hotel, boarding house or other similar
establishment, or the services of any trade or business, to discriminate
directly or indirectly against a person on racial grounds (colour,
race, nationality or ethnic or national origins). There are some
exemptions.
Rehabilitation of Offenders Act 1974 ( Exemptions) Order
1975
Employment Protection (Consolidation) Act 1978
Registered Homes Tribunal Rules 1984 governs procedures
of Tribunals which hear appeals against decisions to refuse or
cancel registration.
The Social Work (Scotland) Act 1968 amended by
The Registered Establishments (Scotland) Act 1987
Nursing Homes Registration (Scotland) Act 1938 amended
by
Nursing Homes (Scotland) Amendment Act 1992
Mental Health (Scotland) Act 1984
Town and County Planning (Scotland) Act 1972
The Building (Scotland) Acts, 1959 and 1970
The Building Standards (Scotland) Regulations 1981
(and amendment regulations 1982 and 1984)
Chronically Sick and Disabled Persons (Northern Ireland) Act
1978
Mental Health (Northern Ireland) Order 1986
Health and Personal Social Services (Northern Ireland) Order
1972
(Schedule b )
Fire safety is exercised through the statutory provisions relating
to registration. In reality, this usually results in the registration
authorities wanting to be satisfied that fire recommendations
have been met before a certificate of registration will be issued.
The Residential Care Homes Regulations 1984 state the following
in respect of fire safety: 'the person registered shall, at such
times as may be agreed with the fire authority, consult that authority
on fire precautions in the home.' The Nursing Homes and Mental
Nursing Homes Regulations 1984 require comments from the fire
authority to be submitted with the application for registration.
Relevant legislation, guidance and information:
Fire Precautions Act 1971
Residential Care Homes Regulations 1984
Nursing Homes and Mental Nursing Homes Regulations 1984
Home Office/Scottish Office
Draft guide to fire precautions in existing residential care premises
and Draft guide to fire precautions in hospitals.
January 1983-LAC(83)4; Welsh Office circular 9/84)
Building Regulations 1991
BS 5588: Part 8: 1988 Code of Practice for means of escape
for disabled people.
BS 5839: Part 1: 1988 (1991) Fire detection and alarm systems
in buildings: code of practice for system design, installation
and servicing.
Furniture and Furnishings (Fire Safety) Regulations 1988
Procedures relating to planning approval, building regulations,
approved fire precautions and requirements of the environmental
health services, electrical/gas and lift safety requirements must
all be observed. In addition, under the Health and Safety at Work
Act 1974 officers of the Health and Safety Executive are responsible
for inspecting homes in relation to the health and safety of staff.
The requirements include the maintenance of safe working procedures
and conditions, as well as the need to record accidents and to
notify the Executive of any serious incidents which have occurred.
In addition, all accidents involving residents should be recorded
in writing with a summary of the circumstances and a signed statement
from a witness. A series of health and safety regulations came
into effect in 1993 governing and updating workplace health and
safety, including manual handling regulations and the provision
and use of workplace equipment.
Relevant legislation, guidance and information:
Health and Safety at Work Act 1974
Environmental Protection Act 1990 Under the Act, there
is a general duty of care with regard to the handling and disposal
of waste.
Reporting of Injuries, Diseases and Dangerous Occurrences Regulations
1985
Health and Safety (FirstAid) Regulations 1981
Control of Substances Hazardous to Health COSHH Regulations
1988
Manual Handling Regulations 1992
Management of Health and Safety at Work Regulations 1992
Provision and Use of Work Equipment Regulations 1992
Royal College of Nursing Code of practice for the handling
of patients.
Health and Safety Executive Health and safety in residential
care homes.
Health Building Note Accommodation for Elderly People
The Residential Care Homes Regulations 1984 include the requirement
to provide adequate facilities for the storage, cooking and service
of food and to supply adequate food for every resident. All residential
homes also have to conform to the requirements of the Food Hygiene
(General) Regulations 1970 and subsequent legislation.
Relevant legislation, Guidance and information:
Food Act 1984
Food Safety Act 1990
Food Hygiene (General) Regulations 1970
Building Regulations 1985
Both the 1984 Nursing Homes and Mental Nursing Homes Regulations
and the 1984 Residential Care Homes Regulations require the person
registered to make adequate arrangements for the recording, safe
keeping, handling and disposal of drugs.
Relevant legislation, guidance and information:
Medicines Act 1968
Misuse of Drugs Act 1971
Residential Care Homes Regulations 1984
Nursing Homes and Mental Nursing Homes Regulations 1984
Misuse of Drugs Regulations 1973
Misuse of Drugs (Safe Custody) Regulations 1973
National Association of Health Authorities and Trusts (NAHAT)
Model Guidelines 1993
Association of Directors of Social Services (1995) Mistreatment
of older people: a discussion document. ADSS, Northallerton.
Clough, J. (1995) Caring with competence: a practical introduction
to care an in-service development programme for staff working
in residential care homes for older people. Winslow, Bicester.
Counsel and Care (1992) What if they hurt themselves. Counsel
and Care, London. (1993) Sound barriers. Counsel and Care,
London. (1995) Last rights. Counsel and Care, London.
Croner's (regularly updated) Care home management. Croner's
Publications Ltd, Kingston upon Thames.
Department of Health, Social Services Inspectorate (1989) Homes
are for living in (HAFLI). HMSO, London.
Health and Safety Executive (1993) Health and safety in residential
care homes, Health and Safety Series booklet MS(G) 104. HSE
Books, Sheffield.
Kellaher, L. and Peace, S. (1993) Rest assured: new moves in quality
assurance for residential care in Johnson, J. and Slater,
R., eds, Ageing and later life. OU Press and Sage, London.
McKay, C. and Patrick, H. (1995) The care maze: the law and
your rights to community care in Scotland. ENABLE/Scottish
Association for Mental Health, Glasgow.
National Association of Health Authorities [and Trusts] (1985)
Registration and inspection of nursing homes: a hand book for
health authorities. NAHA, Birmingham, plus Supplement, 1993.
Nazarko, L. (1996) NVQs in nursing and residential homes. Blackwell
Science, Oxford.
Norman, A. (1987) Rights and risk: a discussion document on
civil liberty in old age, Centre for Policy on Ageing, London.
O'Kell, S. (1995) Care standards in the residential care sector
quality and qualifications: implications for users, providers
and purchasers. YPS/Joseph Rowntree Foundation, York.
Royal College of Nursing (1992) Focus on restraint: guidelines
on the use of restraint in the care of older people. RCN,
London.
Wagner Development Group (1990) Staffing in residential homes:
a handbook of guidance on the calculation of staffing establishments
and the deployment of staff for managers, proprietors, employers
and trades union officers. NISW, London.
Worsley, J. (1992) Good care management: a guide to setting
up and managing a residential home. ACE Books, Age Concern,
London.
Action on Elder Abuse
Advisory, Conciliation and Arbitration Service
Age Concern England
Alzheimer's Disease Society
Association of British Insurers
Association for Continence Advice
British Association for Service to the Elderly (BASE)
British Council of Organisations of Disabled People
British Deaf Association
British Diabetic Association
British Geriatrics Society
Carers National Association
Centre for Accessible Environments
Centre for Environmental and
Social Studies on Ageing
Centre for Policy on Ageing
Chartered Society of Physiotherapy
College of Occupational Therapists
Commission for Racial Equality
Continuing Care Conference
Counsel and Care
Court of Protection
Disabled Living Centres Council
Disabled Living Foundation
Elderly Accommodation Counsel
Equal Opportunities Commission
Overseas House
Federation of Small Businesses
Health and Safety Executive
Health Services Accreditation
Hearing Concern
Help the Aged
Investors in People UK
King's Fund Organisational Audit
National Association of Health Authorities and Trusts
Mobility Advice and Vehicle
Information Service (MAVIS)
National Association of
Citizens Advice Bureaux
National Association of
Inspection and Registration
Officers
National Council for Hospice and
Specialist Palliative Care Services
National Council for Voluntary
Organisations
National Inspection Unit Managers Group
National Listening Library, incorporating Talking Books
Parkinson's Disease Society
Qualifications for Work Division (National Vocational
Qualifications)
The Relatives Association
Royal Association of Disability and Rehabilitation (RADAR)
Royal College of Nursing
Royal Institute of Public Health and Hygiene
Royal National Institute for the Blind
Royal National Institute for Deaf People
Social Services Inspectorate
Society of Nurse Inspection and Registration Officers
Care Homes Associations and Organisations
The Abbeyfield Society
Anchor Trust
Association of Approved Registered Care Homes
Association of Residential Care
British Health Care Association
British Federation of Care Home Proprietors
The Care Forum
Hanover Housing Association
Independent Healthcare Association
Institute of Community Care Management
The Leonard Cheshire Foundation
Methodist Homes for the Aged
National Care Homes Association
Registered Nursing Home Association
United Care Association
Age Concern Scotland
Alzheimer Scotland Action on Dementia
Carers National Association (Scotland)
Citizens Advice Scotland
Dementia Service Development Centre
Disability Scotland
Help the Aged Scotland
Royal National Institute for the
Blind (Scotland)
Royal National Institute for Deaf
People
Scottish Council for Voluntary
Organisations
Scottish Law Commission
Social Work Services
Inspectorate
Age Concern Northern Ireland
Carers National Association for
Northern Ireland
Department of Health and Social
Services (Northern Ireland)
Equal Opportunities
Commission for Northern
Ireland
Help the Aged Northern Ireland
Office of Care and Protection
(Northern Ireland)
Age Concern Cymru
Alzheimer's Disease Society
Carers National Association in
Wales
Disability Wales
Welsh Consumer Council
Scotland
Northern Ireland
Fire safety
General safety and health and safety at work
Food hygiene
Drugs
Appendix 2 further reading
Appendix 3 useful addresses
Astral House
1268 London Road
London SW16 4ER
Tel: 0181-679 2648
27 Wilton Street
London SW1X 7AZ
Tel: 0171-210 3000
Astral House
1268 London Road
London SW16 4ER
Tel: 0181-679 8000
Gordon House
10 Greencoat Place
London SW1P 1PH
Tel: 0171-306 0606
51 Gresham Street
London EC2V 7HQ
Tel: 0171-600 3333
Winchester House
Kennington Park
Cranmer Road
The Oval
London SW9 6EJ
Tel: 0171-820 8113
The Guildford Institute of the University of Surrey
Ward Street
Guildford GUI 4LH
Tel: (01483) 451036
Litchurch Plaza
Litchurch Lane
Derby DE24 BAA
Tel: (01332) 295551
38 Victoria Place
Carlisle CA1 lHU
Tel:(01228) 48844
10 Queen Anne Street
London W1M OBD
Tel: 0171-323 1531
1 St Andrews Place
Regents Park
London NW1 4LB
Tel: 0171-935 4004
20-25 Glasshouse Yard
London EC1A 4JS
Tel: 0171-490 8818
Nutmeg House
Gainsford Street
London SE1 2NY
Tel 0171-357 8182
University of North London
Ladbroke House
62-66 Highbury Grove
London N5 2AD
Tel: 0171-753 5038
25-31 Ironmonger Row
London EC1V 3QP
Tel 0171-253 1787
14 Bedford Row
London WC 1 R 4ED
Tel: 0171-242 1941
6-8 Marshalsea Road
London SE1 1HL
Tel: 0171-357 6480
Elliott House
10-12 Allington Street
London SW1E 5EH
Tel: 0171-828 7022
12 Little College Street
London SW1P 3SH
Tel: 0171-222 1265
Twyman House
16 Bonny Street
London NW1 9PG
Tel: 0171-485 1566
The Public Trust Office
Stewart House
24 Kingsway
London WC2 6JX
Tel: 0171-269 7000
Winchester House
Kennington Park
Cranmer Road
The Oval
London SW9 6EJ
Tel: 0171-820 0567
380-384 Harrow Road
London W9 2HU
Tel: 0171-289 6111
46a Chiswick High Road
London W4 1 SZ
Tel: 0181-995 8320
Quay Street
Manchester M3 3HN
Tel: 0161-833 9244
(National Federation of Self
Employed and Small
Businesses Ltd)
140 Lower Marsh
Westminster Bridge
London SE1 7AE
Tel 0171-928 9272
The Information Centre
Broad Lane
Sheffield S3 7HQ
Tel: 0114-289 2345
Rutherford Park
Marley Lane
Battle TN33 OEZ
Tel: (01424) 772277
7-11 Armstrong Road
London W3 7JL
Tel: 0181-743 1110
St James's Walk
Clerkenwell Green
London EC1R OBE
Tel: 0171-253 0253
4th Floor
7-10 Chandos Street
London W1M 9DE
Tel: 0171-467 1900
11-13 Cavendish Square
London W1M OAN
Tel: 0171-307 2400
Birmingham Research Park
Vincent Drive
Birmingham B15 2SQ
Tel: 0121-471 4444
Transport Research Laboratory
Crowthorne
Berks RG45 6AU
Tel: (01344) 770456
Myddelton House
115-123 Pentonville Road
London N1 9LZ
Tel: 0171-833 2181
28 Broom Lane
Rotherham S60 3EL
Tel: (01709) 366237
59 Bryanston Street
London W1A 2AZ
Tel: 0171-611 1153
Regents Wharf
8 All Saints Street
London N1 9RL
Tel: 0171-713 6161
The Inspection Unit
Friary House
Friary Park
Friern Barnet Lane
London N20 ONR
Tel: 0181-361 2525
12 Lant Street
London SE1 1QH
Tel: 0171-407 9417
22 Upper Woburn Place
London WC1H ORA
Tel 0171-383 3513
Department of Education and Employment
The Moor
Moorfoot
Sheffield S1 4PQ
Tel: 0114-275 3275
5 Tavistock Place
London WC1H 9SN
Tel: 0171-916 6055
12 City Forum
250 City Road
London EC1V OAF
Tel: 0171-250 3222
20 Cavendish Square
London W1M OAB
Tel:0171-409 3333
28 Portland Place
London WIN 4DE
Tel: 0171-580 2731
224 Great Portland Street
London WIN 6AA
Tel: 0171-388 1266
19-23 Featherstone Street
London EC1Y 8SL
Tel: 0171-296 8000
Department of Health
Richmond House
79 Whitehall
London SW1A 2NS
Tel: 0171-210 5569
Royal College of Nursing
20 Cavendish Square
London W1M OAB
Tel: 0171-409 3333
53 Victoria Street
St Albans AL1 3UW
Tel:(01727) 857536
Fountain Court
Oxford Spires Business Park
Kidlington OX5 lNZ
Tel: (01865) 854000
Central Office
Thomas Watson House
Northumberland Street
Darlington DL3 7HJ
Tel: (01325) 467847
ARC House
Marsden Street
Chesterfield S40 lJY
Tel: (01246) 555043
24a Main Street
Garforth
Leeds LS25 1AA
Tel: 0113-232 0903
840 Melton Road
Thurmaston
Leicester LE4 8BN
Tel: 0116-264 0095
Ringwood House
Walton Street
Aylesbury HP21 7QP
Tel: (01296) 393055
Hanover House
18 The Avenue
Egham TW20 9AB
Tel: (01784) 438361
22 Little Russell Street
London WC1A 2HT
Tel: 0171-430 0537
PO Box 58
Corby NN17 lZX
Tel: (01536) 204222 ext 230
26-29 Maunsel Street
London SW1P 2QN
Tel: 0171-828 1822
Epworth House
Stuart Street
Derby DE1 2EQ
Tel: (01332) 296200
3rd Floor, Martin House
84-86 Grays Inn Road
London WC1X 8BQ
Tel: 0171-831 7090
Calthorpe House
Hagley Road
Edgbaston
Birmingham B16 8QY
Tel: 0121-454 2511
132 Bournemouth Road
Chandlers Ford
Eastleigh S053 3AL
Tel: (01703) 255794
Scotland
113 Rose Street
Edinburgh EH2 3DT
Tel: 0131-220 3345
8 Hill Street
Edinburgh
EH2 3JZ
Tel: 0131-225 1453
11 Queen's Crescent
Glasgow G4 9AS
Tel 0141333 9495
26 George Square
Edinburgh EH8 9LD
Tel: 0131667 0156
University of Stirling
Stirling FK9 4LA
Tel: 01786 467740
Princes House
5 Shandwick Place
Edinburgh EH2 4RG
Tel: 0131229 8632
Herriot House
Herriothill Terrace
Edinburgh EH7 4DY
Tel: 0131556 4666
10 Magdala Crescent
Edinburgh EH12 5BE
Tel: 0131313 1498
9 Clairmont Gardens
Glasgow G3 7LW
Tel: 0141332 0343
18-19 Claremont Crescent
Edinburgh EH7 4QD
Tel: 0131-556 3882
140 Causewayside
Edinburgh EH9 1PR
Tel: 0131668 2131
James Craig Walk
Edinburgh EH3 1BA
Tel: 0131556 8400
Northern Ireland
3 Lower Crescent
Belfast BT7 1NR
Tel: (01232) 245729
Regional Office
113 University Street
Belfast BT7 lHP
Tel: (01232) 439843
Dundonald House
Upper Newtownards Road
Belfast BT4 3SF
Tel: (01232) 520000
Chamber of Commerce House
22 Great Victoria Street
Belfast BT2 7BA
Tel: (01232) 242752
Lesley House
Shaftesbury Square
Belfast BT2 7DB
Tel: (01232) 230666
Royal Court of Justice
PO Box 410
Chichester Street
Belfast BT1 3JF
Tel: (01232) 235111
Wales
4th Floor
1 Cathedral Road
Cardiff CF1 9SD
Tel: (01222) 371566
Wales Development Office
Tonna Hospital
Tonna
Neath SA11 3LX
Tel: (01639) 641938
Pantglas Industrial Estate
Bedwas
Newport NP1 8DR
Tel: (01222) 880176
Llys Ifor
Crescent Road
Caerphilly CF83 1XL
Tel: (01222) 887325
Castle Buildings
Womanby Street
Cardiff CF1 2BN
Tel: (01222) 396056