The Law

The main legislation which affects nursing and residential homes is contained in :-

• The Care Standards Act 2000
• The Care Home Regulations 2001
• The National Care Sandards Commission (Registration) Regulations 2001
• The National Care Standards Commission (Fees and Frequency of Inspections) Regulations 2001

The legislation referred to above was based on the old legislation which comprised The Registered Homes Act 1984 and the Registered Homes Amendment Act 1991.

The legislation deals with two specific types of home. A residential care home or a nursing home.

A residential care home provides personal care and “residential accommodation with board”. The type of care which is offered varies considerably from home to home but equates to type of care which might be provided by a competent and caring relative. This could include help with washing, feeding and toileting.

A nursing home provides the care which requires the skills of a qualified nurse or the supervision of a qualified nurse.

Generally staff in a residential care home are not qualified to provide the professional kind of health care which is properly the function of the primary health care services.

Where proprietors, managers or staff of residential care homes have nursing qualifications they cannot apply their professional skills beyond that described above.

If you think that the care which has been provided to your relatives has fallen below the standards described above, or would like professional help in considering the care provided, please contact us.