HC Deb 23 February 1989 vol 147 cc789-91W
Mr. Anthony Coombs

To ask the Secretary of State for Health (1) if he has any plans to review the scope of the Registered Homes Act 1984, so as to encompass homes caring for three occupants or fewer;

(2) when his Department last evaluated and reassessed the effectiveness of criteria for minimum statutory requirements for residential and nursing homes for the elderly.

Mr. Mellor

The Department's social services inspectorate reviewed the implementation of the Registered Homes Act 1984 in relation to residential care homes for elderly people and other dependent groups of people. The report on this review, "Certain Standards", was published last year. The Wagner report, "Residential Care: A Positive Choice", which was also published last year, contained recommendations on the regulation of these homes including those with fewer than four residents. Both reports are in the Library.

We are considering carefully the findings of these reports before deciding whether any change is desirable in the current arrangements. In January 1985 the National Association of Health Authorities issued guidance, endorsed by the Department, in its handbook on registration and inspection of nursing homes. A supplement giving advice on quality of life in nursing homes was issued in September 1988.

Mr. Anthony Coombs

To ask the Secretary of State for Health how district health authority and local authority inspectors are selected and trained for residential and nursing homes for the elderly; and who draws up the criteria by which these inspectors measure a home's standards.

Mr. Mellor

The statutory duty to register and inspect residential care homes and nursing homes is placed by the Registered Homes Act 1984 upon local social service authorities and district health authorities respectively. It is for each authority to recruit and train the necessary staff and to deaw up the criteria for the registration of homes in their area within the legislative requirements, the recommendations in the code of practice for residential care "Home Life", and the "Handbook for Health Authorities: Registration and Inspection of Nursing Homes", and the general guidance that has been issued by the Secretaries of State for Health and for Wales.

The Departments have commissioned distance-learning training material for registration and inspection staff of authorities from the centre for environmental and social studies in aging at the Polytechnic of North London. This material should be available later this year.

Mr. Roy Hughes

To ask the Secretary of State for Health if he has any plans to ensure tighter public oversight and controls over public and private residential homes.

Mr. Mellor

[holding answer 17 February 1989]: The Registered Homes Act 1984 and associated regulations place the responsibility on local authorities as registering authorities to register private and voluntary residential care homes and inspect them at least twice a year. In addition general guidance on the running of these homes is available in "Home Life", a code of practice for residential care, and in circulars issued by the Department. Authorities are also responsible for ensuring adequate standards in their own homes. The Department's social services inspectorate monitors and advises authorities on the discharge of these duties.

Lady Wagner's report "Residential Care—A Positive Choice" included recommendations on the regulation of homes in all sectors. We are giving them careful consideration before deciding whether any change is desirable in the current arrangements.

Mr. Hinchliffe

To ask the Secretary of State for Health which private residential and nursing homes have had their registrations cancelled since the Registered Homes Act came into force; who were the proprietors concerned; and what were the reasons for the cancellation.

Mr. Mellor

[holding answer 22 February 1989]: This information is held by the Department for the purpose of the Registered Homes Act 1984 and is received from and passed to registration authorities in confidence for that purpose only. It would not be right to make the information more widely available.

Mr. Hinchliffe

To ask the Secretary of State for Health what has been the full cost of public funds of action taken by local authorities or health authorities to protect the welfare of residents following the de-regulation of private residential or nursing homes since the Registered Homes Act came into force.

Mr. Mellor

[holding answer 22 February 1989]: We do not hold this information centrally.

Mr. Hinchliffe

To ask the Secretary of State for Health what action he is taking following the publication of the National Consumer Council report proposing an independent national inspectorate for residential homes, a copy of which has been sent to him.

Mr. Mellor

[holding answer 22 February 1989]: The report of the committee chaired by Lady Wagner, "Residential Care—A Positive Choice", included recommendations on the regulation of homes. We are giving careful consideration to the recommendations in the report and to responses to it such as the National Consumer Council's report before deciding whether any change is desirable in the current arrangements.

Mr. Hinchliffe

To ask the Secretary of State for Health (1) what action he is taking following the recent publication of the joint report from the social services inspectorate and the health advisory service in respect of the concern expressed about the number of social service staff employed by Northamptonshire county council who also own or manage private residential homes;

(2) if he will take steps to ensure that local authority social services staff are not permitted also to own, manage, or have interests in private residential or nursing homes.

Mr. Mellor

[holding answer 22 February 1989]: The duty to register a person running a residential care home or nursing home is placed by the Registered Homes Act 1984 upon local social service authorities and district health authorities respectively. It is for them to decide, subject to appeal, whether a person is not fit to run a home. Similarly it is for authorities as employers to determine the terms and conditions of service of their staff. I look to authorities to ensure that potentially undesirable conflicts of interest do not arise.

In the case of the report by the National Health Services health advisory service and the Department's social services inspectorate on "Services for Elderly People provided by Kettering Health Authority and the Social Services Department of Northamptonshire County Council," the report states that the health authority and the social services department have asked staff to declare any interest they may have in private homes.

Mr. Hinchliffe

To ask the Secretary of State for Health if registered homes tribunals have the right to impose conditions of registration.

Mr. Mellor

[holding answer 22 February 1989]: Yes.