HC Deb 07 October 2003 vol 411 cc53-5W
Mr. Drew:

To ask the Secretary of State for Health what discussions he has had with representatives of the care industry to overcome the funding problems behind the proposal of the Criminal Records Bureau to introduce full record checks for new staff of care homes prior to their employment. [131323]

Dr. Ladyman:

I met with representatives from the National Care Homes Association on 24 September to discuss their concerns about difficulties care homes face when Criminal Records Bureau (CRB) checks are delayed. Further meetings with officials have also been arranged.

As the independent regulator, The National Care Standards Commission (NCSC) has the responsibility to ensure care homes meet all their statutory requirements. The NCSC has stated clearly that it will continue to exercise its powers wisely and where CRB clearances are not in place will apply its discretion on the use of its enforcement powers on a case-by-case basis.

The NCSC issued a press release on 22 September, setting out its approach to CRB checks for care home staff. A copy is available on its website at www.carestandards.org.uk.

Mr. Ruffley:

To ask the Secretary of State for Health how many new regulations have been imposed on the care home sector, and at what cost, since 1997. [131841]

Dr. Ladyman:

The care home sector has long been subject to regulation. The regulations introduced under the Care Standards Act 2000 are based on the regulations under the Registered Homes Act 1984 and establish a more consistent and coherent and regulatory framework which care home providers and others had been calling for.

The regulations introduced under the Care Standards Act which affect care homes are: The Care Homes Regulations 2001. The Children's Homes Regulations 2001. The National Care Standards Commission (Fees and Frequency of Inspections) Regulations 2001. The National Care Standards Commission (Registration) Regulations 2001.

The estimated costs of implementing these regulations are set out in the relevant regulatory impact assessments (RIAs), which are available on the Department's website at www.doh.gov.uk/regulatoryimpact/index.htm.

It is difficult to give a precise figure for the cost of implementing these regulations, given the lack of reliable detailed information and the fact that not all care homes will be affected equally, but in the case of the Care Homes Regulations and the associated national minimum standards, the RIA estimated an overall cost of £150 million spread over five years. However, these costs will have been reduced for pre-existing care homes, following the decision in February 2003 to relax certain physical environment standards relating to them.

We anticipate that almost all of the cost of meeting the regulations will be passed on to the commissioners of care, in most cases the relevant local authority social services department. To ensure that local authorities have the resources they need to purchase services to meet the needs of their residents, we are providing substantial extra resources for social services.

Mr. Stephen O'Brien:

To ask the Secretary of State for Health what assessment his Department has made of the effect on the care home sector of (a) the requirement within the Care Home Regulations that all new staff engaged by care homes must have been cleared by a Criminal Records Bureau check before starting work and (b) the change in practice between the operation of the regulation since its introduction on 1 April 2002 and the enforcement guidelines operative from 1 October. [131620]

Dr. Ladyman:

From 1 April 2002, when the Care Homes Regulations came into force, care home providers have been required to undertake a number of pre-employment checks, including a disclosure from the Criminal Records Bureau (CRB), before they can employ a new member of staff. Meeting this requirement was made difficult because of long delays in the processing by CRB of applications for disclosures. The National Care Standards Commission (NCSC) issued interim guidance to care providers about how to address this difficulty.

Following significant improvements made at the CRB since last summer, it is now processing 90 per cent. of applications within four weeks. The NCSC rightly decided to look again at its guidance because there will now be fewer circumstances in which it will need to make allowance for delayed checks.

As the independent regulator, the NCSC has the responsibility to ensure care homes meet all their statutory requirements. It has stated clearly that it will continue to exercise its powers wisely and where CRB clearances are not in place will apply its discretion on the use of its enforcement powers on a case by case basis.

The NCSC issued a press release on 22 September 2003 setting out its approach to CRB checks for care home staff. A copy is available on the NCSC website at www.carestandards.org.uk.