The Care Homes (Adult Placements) (Amendment) Regulations 2003

Explanatory Note

(This note is not part of the Order)

These Regulations, which apply to England only, further amend the Care Homes Regulations 2001 (“the principal Regulations”) made under the Care Standards Act 2000 (“the Act”).

Regulation 2 amends regulation 3 of the principal Regulations (excepted establishments) in order to except from regulation—

(a) establishments which only provide accommodation for no more than 3 persons at any one time who fall within section 3(2) of the Act, where the aggregate of the provision of such accommodation does not exceed 28 days in any 12 month period; and

(b) establishments which provide accommodation, together with nursing or personal care, solely for a person (or persons) who was placed with a local authority foster carer (“the carer”) under the Children Act 1989, remained in that placement for a period of not less that 5 years immediately prior to his 18th birthday, and continues to live with the carer after his 18th birthday.

Regulation 3 amends regulation 45 of the principal Regulations (adult placements) in order to include a reference to regulation 47 in paragraphs (1) and (2).

Regulation 4 amends regulation 46 of the principal Regulations (modification of regulations in respect of adult placement carers) in order to make alterations in relation to the modification of certain of the principal Regulations relating to the keeping of records by adult placement carers.

Regulation 5 inserts a new regulation 47 into the principal Regulations in order to modify certain of the principal Regulations in relation to an adult placement carer providing a short term break for a service user. In this situation, a registered provider does not have to ensure that the service user is registered with a general practitioner of his choice, but instead has to ensure that satisfactory arrangements are made to meet the service user’s medical needs. In addition, regulation 16(2)(d) (facilities and services) of the principal Regulations does not apply to a service user being accommodated by an adult placement carer on a short term break, and regulation 38 (notice of absence) of the principal Regulations does not apply to a registered provider who provides only short term breaks for service users at any time where no service user is accommodated in the care home. A “short term break” is defined as occurring where the service user does not normally reside with the adult placement carer and the placement agreement in respect of a service user is for no longer than 6 months in any 12 month period.

Regulation 6 makes amendments to the National Care Standards Commission (Registration) Regulations 2001 in order to exempt a person seeking to be registered as the registered provider of a care home providing an adult placement from the requirement to provide to the Commission the financial information listed in paragraph 4 of Schedule 1 to those Regulations.