United Kingdom Statutory Instruments

"the Act" means the Care Standards Act 2000;

"environmental health authority" means the authority responsible for environmental health for the area in which the care home is situated;

(a) is an individual who carries on the care home - 


(i) otherwise than in partnership with others, and he satisfies the requirements set out in paragraph (3);

(ii) in partnership with others, and he and each of his partners satisfies the requirements set out in paragraph (3);



(b) is a partnership, and each of the partners satisfies the requirements set out in paragraph (3);

(c) is an organisation and - 



(i) the organisation has given notice to the Commission of the name, address and position in the organisation of an individual (in these Regulations referred to as "the responsible individual") who is a director, manager, secretary or other officer of the organisation and is responsible for supervising the management of the care home; and

(ii) that individual satisfies the requirements set out in paragraph (3).

    (3) The requirements are that - 

(a) he is of integrity and good character; and

(b) he is physically and mentally fit to carry on the care home; and

(c) full and satisfactory information is available in relation to him in respect of the following matters - 


(i) the matters specified in paragraphs 1 to 5 of Schedule 2;

(ii) except where paragraph (4) applies, the matters specified in paragraph 7 of that Schedule;

(iii) where paragraph (4) applies, the matters specified in paragraph 8 of that Schedule.

    (4) This paragraph applies where any certificate or information on any matters referred to in paragraph 7 of Schedule 2 is not available to an individual because any provision of the Police Act 1997 has not been brought into force.

    (5) A person shall not carry on a care home if - 

(a) he has been adjudged bankrupt or sequestration of his estate has been awarded and (in either case) he has not been discharged and the bankruptcy order has not been annulled or rescinded; or

(b) he has made a composition or arrangement with his creditors and has not been discharged in respect of it.

(a) to promote and make proper provision for the health and welfare of service users;

(b) to make proper provision for the care and, where appropriate, treatment, education and supervision of service users.

    (2) The registered person shall so far as practicable enable service users to make decisions with respect to the care they are to receive and their health and welfare.

    (3) The registered person shall, for the purpose of providing care to service users, and making proper provision for their health and welfare, so far as practicable ascertain and take into account their wishes and feelings.

    (4) The registered person shall make suitable arrangements to ensure that the care home is conducted - 

(a) in a manner which respects the privacy and dignity of service users;

(b) with due regard to the sex, religious persuasion, racial origin, and cultural and linguistic background and any disability of service users.

    (5) The registered provider and registered manager (if any) shall, in relation to the conduct of the care home - 

(a) maintain good personal and professional relationships with each other and with service users and staff; and

(b) encourage and assist staff to maintain good personal and professional relationships with service users.

(a) the premises are suitable for the purpose of achieving the aims and objectives set out in the statement of purpose; and

(b) the location of the premises is appropriate to the needs of service users.

    (2) The registered person shall having regard to the number and needs of the service users ensure that - 

(a) the physical design and layout of the premises to be used as the care home meet the needs of the service users;

(b) the premises to be used as the care home are of sound construction and kept in a good state of repair externally and internally;

(c) equipment provided at the care home for use by service users or persons who work at the care home are maintained in good working order;

(d) all parts of the care home are kept clean and reasonably decorated;

(e) adequate private and communal accommodation is provided for service users;

(f) the size and layout of rooms occupied or used by service users are suitable for their needs;

(g) there is adequate sitting, recreational and dining space provided separately from the service user's private accommodation;

(h) the communal space provided for service users is suitable for the provision of social, cultural and religious activities appropriate to the circumstances of service users;

(i) suitable facilities are provided for service users to meet visitors in communal accommodation, and in private accommodation which is separate from the service users' own private rooms;

(j) there are provided at appropriate places in the premises sufficient numbers of lavatories, and of wash-basins, baths and showers fitted with a hot and cold water supply;

(k) any necessary sluicing facilities are provided;

(l) suitable provision is made for storage for the purposes of the care home;

(m) suitable storage facilities are provided for the use of service users;

(n) suitable adaptations are made, and such support, equipment and facilities, including passenger lifts, as may be required are provided, for service users who are old, infirm or physically disabled;

(o) external grounds which are suitable for, and safe for use by, service users are provided and appropriately maintained;

(p) ventilation, heating and lighting suitable for service users is provided in all parts of the care home which are used by service users.

    (3) The registered person shall provide for staff - 

(a) suitable facilities and accommodation, other than sleeping accommodation, including - 


(i) facilities for the purpose of changing;

(ii) storage facilities;



(b) sleeping accommodation where the provision of such accommodation is needed by staff in connection with their work at the care home.

    (4) The registered person shall after consultation with the fire authority - 

(a) take adequate precautions against the risk of fire, including the provision of suitable fire equipment;

(b) provide adequate means of escape;

(c) make adequate arrangements - 


(i) for detecting, containing and extinguishing fires;

(ii) for giving warnings of fires;

(iii) for the evacuation, in the event of fire, of all persons in the care home and safe placement of service users;

(iv) for the maintenance of all fire equipment; and

(v) for reviewing fire precautions, and testing fire equipment, at suitable intervals;



(d) make arrangements for persons working at the care home to receive suitable training in fire prevention; and

(e) to ensure, by means of fire drills and practices at suitable intervals, that the persons working at the care home and, so far as practicable, service users, are aware of the procedure to be followed in case of fire, including the procedure for saving life.

    (5) The registered person shall undertake appropriate consultation with the authority responsible for environmental health for the area in which the care home is situated.

(a) reviewing at appropriate intervals; and

(b) improving,

(a) at the end of the definition of "service user" there were added the words ", or any child who is accommodated in the care home";

(b) the following definitions were added at the appropriate places - 

(a) the death of any service user, including the circumstances of his death;

(b) the outbreak in the care home of any infectious disease which in the opinion of any registered medical practitioner attending persons in the care home is sufficiently serious to be so notified;

(c) any serious injury to a service user;

(d) serious illness of a service user at a care home at which nursing is not provided;

(e) any event in the care home which adversely affects the well-being or safety of any service user;

(f) any theft, burglary or accident in the care home;

(g) any allegation of misconduct by the registered person or any person who works at the care home.

(a) the assessment referred to in regulation 14(1);

(b) the service user's plan referred to in regulation 15(1).

     2. A photograph of the service user.

     3. A record of the following matters in respect of each service user - 

(a) the name, address, date of birth and marital status of each service user;

(b) the name, address and telephone number of the service user's next of kin or of any person authorised to act on his behalf;

(c) the name, address and telephone number of the service user's general practitioner and of any officer of a local social services authority whose duty it is to supervise the welfare of the service user;

(d) the date on which the service user entered the care home;

(e) the date on which the service user left the care home;

(f) if the service user is transferred to another care home or to a hospital, the name of the care home or hospital and the date on which the service user is transferred;

(g) if the service user died at the care home, the date, time and cause of death;

(h) the name and address of any authority, organisation or other body, which arranged the service user's admission to the care home;

(i) a record of all medicines kept in the care home for the service user, and the date on which they were administered to the service user;

(j) a record of any accident affecting the service user in the care home and of any other incident in the care home which is detrimental to the health or welfare of the service user, which record shall include the nature, date and time of the accident or incident, whether medical treatment was required and the name of the persons who were respectively in charge of the care home and supervising the service user;

(k) a record of any nursing provided to the service user, including a record of his condition and any treatment or surgical intervention;

(l) details of any specialist communications needs of the service user and methods of communication that may be appropriate to the service user;

(m) details of any plan relating to the service user in respect of medication, nursing, specialist health care or nutrition;

(n) a record of incidence of pressure sores and of treatment provided to the service user;

(o) a record of falls and of treatment provided to the service user;

(p) a record of any physical restraint used on the service user;

(q) a record of any limitations agreed with the service user as to the service user's freedom of choice, liberty of movement and power to make decisions.

     4. A copy of correspondence relating to each service user.

(a) his full name, address, date of birth, qualifications and experience;

(b) a copy of his birth certificate and passport;

(c) a copy of each reference obtained in respect of him;

(d) the dates on which he commences and ceases to be so employed;

(e) the position he holds at the care home, the work that he performs and the number of hours for which he is employed each week;

(f) correspondence, reports, records of disciplinary action and any other records in relation to his employment.

     7. A copy of the duty roster of persons working at the care home, and a record of whether the roster was actually worked.

     8. A record of the care home's charges to service users, including any extra amounts payable for additional services not covered by those charges, and the amounts paid by or in respect of each service user.

     9. A record of all money or other valuables deposited by a service user for safekeeping or received on the service user's behalf, which - 

(a) shall state the date on which the money or valuables were deposited or received, the date on which any money or valuables were returned to a service user or used, at the request of the service user, on his behalf and, where applicable, the purpose for which the money or valuables were used; and

(b) shall include the written acknowledgement of the return of the money or valuables.

     10. A record of furniture brought by a service user into the room occupied by him.

     11. A record of all complaints made by service users or representatives or relatives of service users or by persons working at the care home about the operation of the care home, and the action taken by the registered person in respect of any such complaint.

     12. A record of any of the following events that occur in the care home - 

(a) any accident;

(b) any incident which is detrimental to the health or welfare of a service user, including the outbreak of infectious disease in the care home;

(c) any injury or illness;

(d) any fire;

(e) except where a record to which paragraph 14 refers is to be made, any occasion on which the fire alarm equipment is operated;

(f) any theft or burglary.

     13. Records of the food provided for service users in sufficient detail to enable any person inspecting the record to determine whether the diet is satisfactory, in relation to nutrition and otherwise, and of any special diets prepared for individual service users.

     14. A record of every fire practice, drill or test of fire equipment (including fire alarm equipment) conducted in the care home and of any action taken to remedy defects in the fire equipment.

     15. A statement of the procedure to be followed in the event of a fire, or where a fire alarm is given.

     16. A statement of the procedure to be followed in the event of accidents or in the event of a service user becoming missing.

     17. A record of all visitors to the care home, including the names of visitors.

(a) their age-range;

(b) their sex;

(c) the number of children;

(d) whether they are disabled, have special needs or any other special characteristics; and

(e) the range of needs that the care home is intended to meet.

     2. Any criteria used for admission to the care home, including the care home's policy and procedures for emergency admissions, if applicable.

     3. If the care home provides or is intended to provide accommodation for more than six children, a description of the positive outcomes intended for children in a care home of such a size, and of the care home's strategy for counteracting any adverse effects arising from its size, on the children accommodated there.

     4. A description of the care home's underlying ethos and philosophy, and where this is based on any theoretical or therapeutic model, a description of that model.

     5. The facilities and services to be provided or made available, within and outside the care home, for the children accommodated there.

     6. The arrangements made to protect and promote the health of the children accommodated there.

     7. The arrangements for the promotion of the education of the children accommodated there, including the facilities for private study.

     8. The arrangements to promote children's participation in hobbies and recreational, sporting and cultural activities.

     9. The arrangements made for consultation with the children accommodated there about the operation of the care home.

     10. The policy on behaviour management and the use of restraint in the care home, including in particular the methods of control and discipline and the disciplinary measures which may be used, the circumstances in which any such measures will be used and who will be permitted to use and authorise them.

     11. The arrangements for child protection and to counter bullying.

     12. The fire precautions and associated emergency procedures in the care home.

     13. The arrangements made for the children's religious instruction and observance.

     14. The arrangements made for contact between a child accommodated there and his parents, relatives and friends.

     15. The procedure for dealing with any unauthorised absence of a child from the care home.

     16. The arrangements for dealing with complaints.

     17. The arrangements for dealing with reviews of the placement plans of children accommodated there.

     18. The type of accommodation and sleeping arrangements provided, and, where applicable, how children are to be grouped, and in what circumstances they are to share bedrooms.

     19. Details of any specific therapeutic techniques used in the care home and arrangements for their supervision.

     20. A description of the care home's policy on anti-discriminatory practice in relation to children and children's rights.