Abstract

AbstractThis review discusses the legal aspects of supported and assisted living and the regulation and deregulation of care homes in conjunction with the Care Standards Act 2000, Department of Health Guidance published in August 2002, the 'Alternative Futures' case heard by the Care Standards Tribunal in 2003 and by the Court of Appeal in 2005. The House of Lords has now decided that it will not hear any further appeal in this case, so the Court of Appeal decision is binding. In the meantime, CSCI have issued interim guidance but further guidance is awaited urgently from the Department of Health. The Joint CSCI/Healthcare Commission report published in July 2006 revealing abuse in 'supported living' houses in Cornwall which should in fact have been registered as care homes brings into sharp focus the need to assess whether supported living houses throughout England should be registered as care homes if personal care is provided together with accommodation.

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