§ Mr. Andrew TurnerTo ask the Secretary of State for Health (1) if he will instruct the National Care Standards Commission not to inspect premises for adherence standards which are the responsibility of other agencies; [62964]
(2) if he will list those National Care Standards which are duplicated in the rules of other agencies; [62965]
(3) for what reason local authorities remain the enforcing bodies for health and safety in care homes following the creation of the National Care Standards Commission. [62966]
§ Jacqui SmithThe national minimum standards do not duplicate the rules of other agencies although they may refer to them for completeness. The national standards are designed to ensure care provision is fit for the purpose and meets the assessed needs of residents. It is for the National Care Standards Commission to decide in the particular circumstances of each individual home whether the home conforms to the standards necessary to meet the assessed needs of its residents.
The commission must take national standards into account when making a decision as to whether an establishment complies with statutory requirements under the Care Standards Act. However, providers and their representative organisations urged that the commission should be allowed to take a range of other factors into account and the commission may also take into account any other factors it considers reasonable or relevant to do so. For example, compliance with other statutory requirements, as assessed by the relevant regulatory body.
With the exception of environmental health issues, the responsibility for enforcement of health and safety requirements in care homes, as with all other establishments, rests with the Health and Safety Executive (HSE). There is a degree of overlap in some areas between health and safety requirements and national standards but these are complementary rather than two organisations covering the same angle. The commission is currently working with the HSE and Local Government Association to develop a memorandum of understanding to clarify each other's roles and responsibilities in health and safety matters. The memorandum will be underpinned by locally agreed protocols. This will aid clarity in liaison with other bodies should adverse incidents arise and ensure protection of vulnerable people in care.