Assisted Living: ‘Alternative Futures’ pending appeal could mean providershave to rethink registration

Posted on February 1st, by editor in Caring Times. No Comments

As the law currently stands in England and Wales, it is highly likely that a considerable amount of the supported living and close care accommodation stock should in fact be registered as care homes under the Care Standards Act. This is because of last year¹s binding Court of Appeal decision in the case of R. (on the application of Moore) v Care Standards Tribunal. The case is better known as the ‘Alternative Futures’ case after the charity which provides care to Mr Moore and his fellow litigants. The full effects of the case have not been followed through, either by the Commission for Social Care Inspection (CSCI) or the Department of Health on the basis that the case might yet go to the House of Lords on appeal. For the appeal process to begin the consent of the House of Lords is necessary and the Law Lords have still not decided whether or not the appeal process should be allowed, or whether the Court of Appeal decision is in fact final. As long as the Court of Appeal decision remains unappealed it remain

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