Emergency applications by inspectors to a magistrate

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

Possibly one of the most disastrous situations that can occur for any care home is an order by a magistrate for the immediate cancellation of the registered provider’s registration. Such an order can have tragic consequences for residents, many of whom might die very quickly following the trauma of a move to another home. In addition there is trauma for relatives of those residents and a personal disaster for the registered provider. The power of the regulator to apply to a magistrate for such an order existed under the old 1984 Registered Homes Act but has been further developed under the Care Standards Act 2000 (CSA). The most important development is that it is now open to the CSCI (or CSIW in Wales) to apply at any time to a magistrate to vary a home’s conditions of registration. This latter provision has received remarkably little coverage but can also have a disastrous effect on a provider’s business, eg a new condition preventing new admissions to the home. Section 20 CSA states that: (a) if a registra

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