Legalize / United Kingdom / Public General Act

Care Standards Act 2000

Type Public General Act

Publication 2000-07-20

State In force

Department Statute Law Database

Source legislation.gov.uk

Reform history JSON API

Part I — Introductory

Preliminary

Applications by registered persons.

1

(1) Subsections (2) to (6) have effect for the purposes of this Act as it applies in relation to England.

(2) An establishment in England is a children’s home (subject to the following provisions of this section) if it provides care and accommodation wholly or mainly for children.

(3) An establishment is not a children’s home merely because a child is cared for and accommodated there by a parent or relative of his or by a foster parent.

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4A) An establishment ... is not a children's home if it is—

(a) a hospital (within the meaning of the National Health Service Act 2006); or

(b) a residential family centre,

or if it is of a description excepted by regulations.

(5) Subject to subsection (6), an establishment is not a children’s home if it is a school.

(6) A school is a children’s home at any time if at that time accommodation is provided for children at the school and either—

(a) in each year that fell within the period of two years ending at that time, accommodation was provided for children, either at the school or under arrangements made by the proprietor of the school, for more than 295 days; or

(b) it is intended to provide accommodation for children, either at the school or under arrangements made by the proprietor of the school, for more than 295 days in any year;

and in this subsection “year” means a period of twelve months.

(7) For the purposes of this section a person is a foster parent in relation to a child if—

(a) he is a local authority foster parent in relation to the child;

(b) he is a foster parent with whom a child has been placed by a voluntary organisation under section 59(1)(a) of the 1989 Act; or

Commencement.

2

(1) Subsections (2) to (6) apply for the purposes of this Act as it applies in relation to Wales.

(2) A hospital which is not a health service hospital is an independent hospital.

(3) “Hospital” (except in the expression health service hospital) means—

(a) an establishment—

(i) the main purpose of which is to provide medical or psychiatric treatment for illness or mental disorder or palliative care; or

(ii) in which (whether or not other services are also provided) any of the listed services are provided;

(b) any other establishment in which treatment or nursing (or both) are provided for persons liable to be detained under the Mental Health Act 1983.

(4) “Independent clinic” means an establishment of a prescribed kind (not being a hospital) in which services are provided by medical practitioners (whether or not any services are also provided for the purposes of the establishment elsewhere).

(5) “Independent medical agency” means an undertaking (not being an independent clinic or an independent hospital) which consists of or includes the provision of services by medical practitioners.

(6) References to a person liable to be detained under the Mental Health Act 1983 do not include a person absent in pursuance of leave granted under section 17 of that Act.

(7) In this section “listed services” means—

(a) medical treatment under anaesthesia or sedation;

(b) dental treatment under general anaesthesia;

(d) termination of pregnancies;

(e) cosmetic surgery other than—

(i) ear and body piercing;

(ii) tattooing;

(iii) the subcutaneous injection of a substance or substances into the skin for cosmetic purposes; and

(iv) the removal of hair roots or small blemishes on the skin by the application of heat using an electric current;

(f) treatment using prescribed techniques or prescribed technology.

(8) Regulations may—

(a) except any description of establishment from the definitions in subsections (2) to (4);

(b) except any description of undertaking from the definition in subsection (5);

Care homes

3

(1) For the purposes of this Act, an establishment in England is a care home if it provides accommodation, together with nursing or personal care, for any of the following persons.

(2) They are—

(a) persons who are or have been ill;

(b) persons who have or have had a mental disorder;

(d) persons who are or have been dependent on alcohol or drugs.

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) And an establishment ... is not a care home if it is—

(a) a hospital (within the meaning of the National Health Service Act 2006); or

(b) a children's home,

or if it is of a description excepted by regulations.

Other basic definitions

4

(1) This section has effect for the purposes of this Act.

(2) “Residential family centre” means, subject to subsection (6), any establishment in England at which—

(a) accommodation is provided for children and their parents;

(b) the parents’ capacity to respond to the children’s needs and to safeguard their welfare is monitored or assessed; and

In this subsection “parent”, in relation to a child, includes any person who is looking after him.

(3) “Domiciliary care agency” means, subject to subsection (6), an undertaking which consists of or includes arranging the provision of personal care in their own homes for persons in England who by reason of illness, infirmity or disability are unable to provide it for themselves without assistance.

(4) “Fostering agency” means, subject to subsection (6)—

(a) an undertaking which consists of or includes discharging functions of local authorities in England in connection with the placing of children with foster parents; or

(b) a voluntary organisation in England which places children with foster parents under section 59(1) of the 1989 Act.

(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) The definitions in subsections (2) to (5) do not include any description of establishment, undertaking or organisation excepted from those definitions by regulations.

(7) “Voluntary adoption agency” means an adoption society within the meaning of the the Adoption and Children Act 2002 which is a voluntary organisation within the meaning of that Act whose principal office is in England.

(7A) “Adoption support agency” means an undertaking in England which is an adoption support agency within the meaning given by section 8 of the Adoption and Children Act 2002.

(8) Below in this Act—

(a) any reference to a description of establishment is a reference to—

(i) a children's home in England,

(ii) a children's home in England providing accommodation for the purpose of restricting liberty,

(iii) an independent hospital in Wales,

(iv) an independent hospital in Wales in which treatment or nursing (or both) are provided for persons liable to be detained under the Mental Health Act 1983,

(v) an independent clinic in Wales,

(vi) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(vii) a residential family centre in England;

(b) a reference to any establishment is a reference to an establishment of any of those descriptions.

(9) Below in this Act—

(a) any reference to a description of agency is a reference to—

(i) an independent medical agency in Wales or, where the activities of an independent medical agency are carried on from two or more branches, a branch in Wales of an independent medical agency,

(ii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(iii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(iv) a fostering agency or, where the activities of a fostering agency are carried on from two or more branches, a branch of a fostering agency,

(v) a voluntary adoption agency, or

(vi) an adoption support agency or, where the activities of an adoption support agency are carried on from two or more branches, a branch of an adoption support agency;

(b) a reference to any agency is a reference to an agency or branch of any of those descriptions.

(10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Registration authorities

5

For the purposes of this Act—

(a) the registration authority in the case of establishments and agencies mentioned in subsection (1A) is Her Majesty's Chief Inspector of Education, Children's Services and Skills (referred to in this Act as “the CIECSS”);

(b) the registration authority in the case of establishments and agencies mentioned in subsection (1B) is the National Assembly for Wales (referred to in this Act as “the Assembly”).

(1A) The establishments and agencies mentioned in subsection (1)(a) are—

(a) children's homes in England,

(b) residential family centres in England,

(c) fostering agencies in England or, where the activities of a fostering agency are carried on from two or more branches, the branches in England,

(d) voluntary adoption agencies whose principal office is in England, and

(e) adoption support agencies in England or, where the activities of an adoption support agency are carried on from two or more branches, the branches in England. ...

(f) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(1B) The establishments mentioned in subsection (1)(b) are—

(a) independent hospitals in Wales;

(b) independent clinics in Wales;

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

National Care Standards Commission

6

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General duties of the Commission

7

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General functions of the Assembly

8

(1) The Assembly shall have the general duty of encouraging improvement in the quality of Part II services provided in Wales.

(2) The Assembly shall make information about Part II services provided in Wales available to the public.

(3) The Assembly shall have such additional functions in relation to Part II services provided in Wales as may be specified in regulations made by the Assembly.

(3A) But the functions which may be so specified do not include functions of making, confirming or approving subordinate legislation (as defined by section 158(1) of the Government of Wales Act 2006).

(4) The Assembly may charge a reasonable fee determined by it in connection with the exercise of any power conferred on it by or under this Act.

(5) The Assembly may provide training for the purpose of assisting persons to attain standards set out in any statements published by it under section 23.

(6) The Assembly must have particular regard to the need to safeguard and promote the rights and welfare of children in the exercise of—

(a) its functions exercisable by virtue of section 5(1)(b) and subsections (1) to (3) of this section; and

(b) any other functions exercisable by the Assembly corresponding to functions exercisable by the Care Quality Commission—

(i) under Chapters 2 and 3 of Part 1 of the Health and Social Care Act 2008 in relation to health care in England, or

(ii) under the Mental Health Act 1983 in relation to England.

(7) In this section, “Part II services” means services of the kind provided by persons registered under Part II . . .

Co-operative working

9

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Inquiries

10

(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) The appropriate Minister may cause an inquiry to be held into any matter connected with a service provided in or by an establishment or agency.

(3) Before an inquiry is begun, the person causing the inquiry to be held may direct that it shall be held in private.

(4) Where no direction has been given, the person holding the inquiry may if he thinks fit hold it, or any part of it, in private.

(5) Subsections (2) to (5) of section 250 of the Local Government Act 1972 (powers in relation to local inquiries) shall apply in relation to an inquiry under this section as they apply in relation to a local inquiry under that section; and references in those provisions as so applied to a Minister shall be taken to include references to the Assembly.

(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7) The report of the person who held the inquiry shall, unless the Minister who caused the inquiry to be held considers that there are exceptional circumstances which make it inappropriate to publish it, be published in a manner which that Minister considers appropriate.

Part II — Establishments and agencies

Registration

Requirement to register

11

(1) Any person who carries on or manages an establishment or agency of any description without being registered under this Part in respect of it (as an establishment or, as the case may be, agency of that description) shall be guilty of an offence.

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) The references in subsection (1) to an agency do not include a reference to a voluntary adoption agency.

(4) The Secretary of State may by regulations make provision about the keeping of registers by . . . the CIECSS for the purposes of this Part.

(5) A person guilty of an offence under this section shall be liable on summary conviction—

(a) if subsection (6) does not apply, to a fine not exceeding level 5 on the standard scale;

(b) if subsection (6) applies, to imprisonment for a term not exceeding six months, or to a fine not exceeding level 5 on the standard scale, or to both.

(6) This subsection applies if—

(a) the person was registered in respect of the establishment or agency at a time before the commission of the offence but the registration was cancelled before the offence was committed; or

(b) the conviction is a second or subsequent conviction of the offence and the earlier conviction, or one of the earlier convictions, was of an offence in relation to an establishment or agency of the same description.

Applications for registration

12

(1) A person seeking to be registered under this Part shall make an application to the registration authority.

(2) The application—

(a) must give the prescribed information about prescribed matters;

(b) must give any other information which the registration authority reasonably requires the applicant to give,

and must be accompanied by a fee of the prescribed amount.

(3) A person who applies for registration as the manager of an establishment or agency must be an individual.

(4) A person who carries on or manages, or wishes to carry on or manage, more than one establishment or agency must make a separate application in respect of each of them.

Grant or refusal of registration

13

(1) Subsections (2) to (4) apply where an application under section 12 has been made with respect to an establishment or agency in accordance with the provisions of this Part.

(2) If the registration authority is satisfied that—

(a) the requirements of regulations under section 22; and

(b) the requirements of any other enactment which appears to the registration authority to be relevant,

are being and will continue to be complied with (so far as applicable) in relation to the establishment or agency, it shall grant the application; otherwise it shall refuse it.

(3) The application may be granted either unconditionally or subject to such conditions as the registration authority thinks fit.

(4) On granting the application, the registration authority shall issue a certificate of registration to the applicant.

(5) The registration authority may at any time—

(a) vary or remove any condition for the time being in force in relation to a person’s registration; or

(b) impose an additional condition.

Cancellation of registration

14

(1) The registration authority may at any time cancel the registration of a person in respect of an establishment or agency—

(a) on the ground that that person has been convicted of a relevant offence;

(b) on the ground that any other person has been convicted of such an offence in relation to the establishment or agency;

(c) on the ground that the establishment or agency is being, or has at any time been, carried on otherwise than in accordance with the relevant requirements;

(ca) on the ground that—

(i) a notice under section 22A relating to the establishment or agency has been served on that person or any other person; and

(ii) the person on whom the notice was served has failed to take the steps specified in that notice within the period so specified;

(d) on any ground specified by regulations.

(2) For the purposes of this section the following are relevant offences—

(a) an offence under this Part or regulations made under it;

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