Blackstone's Guide to the Care Standards Act

The Care Standards Act 2000, which came into force on April 1, 2002, substantially reforms the law relating to the registration and regulation of residential care homes and other establishments. This book provides an in-depth guide to the new Act and offers practical advice as to its wide-reaching effect.

Philip Engelman is a barrister at Cloisters Chambers, with extensive experience in matters relating to Public Law and Registered Homes. He is well known in the field of Care Homes. Paul Spencer practices from Cloisters Chambers, specializing in care, nursing, and residential home cases for Local and Health Authorities and Trusts, and Home owners (including representation hearings before Councillors and hearings before the Registered Homes Tribunal).

Preface

xi

Table of Cases

xiii

Table of Primary Legislation

xv

Table of Secondary Legislation

xix

Introduction

1

(14)

Introduction

1

(1)

White Paper -- Modernizing Social Services

2

(4)

National Care Standards Commission and National Assembly for Wales

6

(1)

Establishments and agencies

7

(1)

Registration

7

(4)

Public service/officers

11

(1)

Conclusion

12

(3)

The National Care Standards Commission and the National Assembly for Wales

15

(6)

The Commission

15

(4)

The Assembly

19

(2)

Registration and Cancellation

21

(10)

Introduction

21

(3)

Registration

24

(4)

Cancellation

28

(3)

Care Homes

31

(14)

Introduction

31

(1)

The regulations

32

(6)

Standards

38

(7)

Child Services

45

(16)

Introduction

45

(1)

Children's Homes National Minimum Standards

46

(10)

Childminding and day care

56

(3)

Residential family centre

59

(1)

Nursery education/early years child care inspectors

60

(1)

Social Care Workers

61

(8)

Overview

61

(3)

Registration

64

(5)

Care Standards Act 2000 And The Protection Of Vulnerable Adults

69

(6)

Overview

69

(1)

Protection of vulnerable adults

69

(5)

Protection of Children Act 1999

74

(1)

Agencies

75

(30)

Overview

75

(2)

Independent medical agencies

77

(3)

Nurses agencies

80

(6)

Domiciliary care agencies

86

(7)

Fostering agencies

93

(7)

Voluntary adoption agencies

100

(5)

Hospitals And Clinics

105

(16)

Hospitals---general

105

(1)

Hospitals---standards

106

(7)

Independent clinics---general

113

(1)

Independent clinics---standards

114

(7)

Procedure

121

(20)

Protection of Children and Vulnerable Adults and Care Standards Tribunal Regulations 2002

121

(11)

Appeals under s 21 of the 2000 Act against a decision of the registration authority or an order of a district judge or justices of the peace

132

(2)

Appeals under s 79M of the Children Act 1989 against a decision of the registration authority or an order of a district judge or justices of the peace

134

(1)

Appeals under s 65A of the Children Act 1989 against a decision of the appropriate authority refusing to give consent under s 65 of that Act

135

(1)

Appeals and application for leave to appeal under s 4 of the Protection of Children Act 1999 and appeals under reg 13 of the Education Regulations

136

(1)

Appeals and applications for leave under s 86 of the 2000 Act

137

(2)

General

139

(2)

Judicial Review And Statutory Appeals

141

(12)

The use of judicial review

141

(1)

An overview of the judicial review process

142

(1)

The grounds on which judicial review lies

142

(3)

The claim form

145

(4)

Statutory appeals

149

(4)

European Convention On Human Rights

153

(8)

Introduction

153

(1)

Human Rights Act 1998

154

(1)

Emergency closure and the right to a fair trial

155

(2)

Closure

157

(1)

Closure and the right to respect for private and family life

158

(1)

Closure and the protection of property

159

(2)

Criminal Offences And Liabilities

161

(10)

General

161

(2)

Overview of offences under the 2000 Act

163

(8)

Appendix 1: Care Standards Act 2000

171

(110)

Appendix 2: The Protection of Children and Vulnerable Adults and Care Standards Tribunal Regulations 2002 (SI 2002/816)

281

(36)

Appendix 3: The Protection of Children and Vulnerable Adults and Care Standards Tribunal (Amendment) Regulations 2003 (SI 2003/626)

317

(10)

Appendix 4: The Protection of Children and Vulnerable Adults and Care Standards Tribunal (Amendment No. 2) Regulations 2003 (SI 2003/1060)

327

(6)

Appendix 5: Useful Websites

333

(2)

Index

335

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Blackstone's Guide to the Care Standards Act 2000

Summary

Author Biography

Table of Contents

Supplemental Materials