Cancelling registration when a home is sold or shut

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

Appeals against deregistration of a care home can take many months to be heard by the Registered Homes Tribunal. Peter Grose says this, and the wording of the Registered Homes Act, can work unfairly against individuals and allow home owners to avoid the consequences of deregistration by selling or closing the home. Last year the High Court and Registered Homes Tribunal (RHT) decided a number of cases which cast doubt on the ability of the home owner to pursue an appeal to the Registered Homes Tribunal when the home had been shut or sold following the decision by the Registration Authority to cancel. The trend started with cases involving homes registered under the provisions of the Children Act 1989. In the High Court cases of Woodward v North Somerset District Council and Jenkins v Essex County Council, the High Court held that, in the case of a refusal by a registration authority to register premises and in relation to cancellation of registration of a children’s home, appeals could not take place because

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