A Better Home Life - A code of good practice for residential and nursing home care - Centre for Policy on Ageing.

Appendix 1 relevant legislation

The legislation which governs the establishment and running of homes and the general provision of community care services is listed below.

General

The Registered Homes Act 1984

This covers residential care homes in Part I and nursing homes in Part II. Under an amendment in 1991, small residential care homes of fewer than four people were also required to be registered. Separate regulations were issued to accompany each part of the Act:

The Department of Health issued two circulars in 1995 relating to the regulation of residential care and nursing homes which set out current approaches to regulation and deregulation with a view to minimising paperwork and ensuring consistency of enforcement practice across sectors:

NHS and Community Care Act 1990

Sections 42-45 enable local authorities to employ voluntary organisations and private concerns as agents in providing welfare services such as residential care; preserve the rights of people already in voluntary and private homes when the new community care arrangements came into effect; govern the charging for accommodation; Section 46 requires local authorities to draw up plans for community care services;

Section 47 requires local authorities to assess the care needs of any person appearing to need community care services;

Section 48 requires inspection of premises used for provision of community care services other than registered residential care and nursing homes.

Mental Health Act 1983

Section 115 empowers approved social workers to enter and inspect any premises where a mentally disordered person is living if there is reason to believe he or she is not under proper care.

Chronically Sick and Disabled Persons Act 1970

Disabled Persons (Services, Consultation and Representation) Act 1986

Carers (Recognition and Services) Act 1995 enables local authorities to assess the needs of carers as well as individuals thought to be in need of community care services.

Race Relations Act 1976 Sections 20 and 22(2)(b) makes unlawful for anyone providing accommodation to the public, or a section of the public, in a hotel, boarding house or other similar establishment, or the services of any trade or business, to discriminate directly or indirectly against a person on racial grounds (colour, race, nationality or ethnic or national origins). There are some exemptions.

Rehabilitation of Offenders Act 1974 ( Exemptions) Order 1975

Employment Protection (Consolidation) Act 1978

Registered Homes Tribunal Rules 1984 governs procedures of Tribunals which hear appeals against decisions to refuse or cancel registration.

Scotland

The Social Work (Scotland) Act 1968 amended by

The Registered Establishments (Scotland) Act 1987

Nursing Homes Registration (Scotland) Act 1938 amended by

Nursing Homes (Scotland) Amendment Act 1992

Mental Health (Scotland) Act 1984

Town and County Planning (Scotland) Act 1972

The Building (Scotland) Acts, 1959 and 1970

The Building Standards (Scotland) Regulations 1981

(and amendment regulations 1982 and 1984)

Northern Ireland

Chronically Sick and Disabled Persons (Northern Ireland) Act 1978

Mental Health (Northern Ireland) Order 1986

Health and Personal Social Services (Northern Ireland) Order 1972

(Schedule b )

Fire safety

Fire safety is exercised through the statutory provisions relating to registration. In reality, this usually results in the registration authorities wanting to be satisfied that fire recommendations have been met before a certificate of registration will be issued. The Residential Care Homes Regulations 1984 state the following in respect of fire safety: 'the person registered shall, at such times as may be agreed with the fire authority, consult that authority on fire precautions in the home.' The Nursing Homes and Mental Nursing Homes Regulations 1984 require comments from the fire authority to be submitted with the application for registration.

Relevant legislation, guidance and information:

Fire Precautions Act 1971

Residential Care Homes Regulations 1984

Nursing Homes and Mental Nursing Homes Regulations 1984

Home Office/Scottish Office

Draft guide to fire precautions in existing residential care premises and Draft guide to fire precautions in hospitals.

January 1983-LAC(83)4; Welsh Office circular 9/84)

Building Regulations 1991

BS 5588: Part 8: 1988 Code of Practice for means of escape for disabled people.

BS 5839: Part 1: 1988 (1991) Fire detection and alarm systems in buildings: code of practice for system design, installation and servicing.

Furniture and Furnishings (Fire Safety) Regulations 1988

General safety and health and safety at work

Procedures relating to planning approval, building regulations, approved fire precautions and requirements of the environmental health services, electrical/gas and lift safety requirements must all be observed. In addition, under the Health and Safety at Work Act 1974 officers of the Health and Safety Executive are responsible for inspecting homes in relation to the health and safety of staff. The requirements include the maintenance of safe working procedures and conditions, as well as the need to record accidents and to notify the Executive of any serious incidents which have occurred. In addition, all accidents involving residents should be recorded in writing with a summary of the circumstances and a signed statement from a witness. A series of health and safety regulations came into effect in 1993 governing and updating workplace health and safety, including manual handling regulations and the provision and use of workplace equipment.

Relevant legislation, guidance and information:

Health and Safety at Work Act 1974

Environmental Protection Act 1990 Under the Act, there is a general duty of care with regard to the handling and disposal of waste.

Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 1985

Health and Safety (FirstAid) Regulations 1981

Control of Substances Hazardous to Health COSHH Regulations 1988

Manual Handling Regulations 1992

Management of Health and Safety at Work Regulations 1992

Provision and Use of Work Equipment Regulations 1992

Royal College of Nursing Code of practice for the handling of patients.

Health and Safety Executive Health and safety in residential care homes.

Health Building Note Accommodation for Elderly People

Food hygiene

The Residential Care Homes Regulations 1984 include the requirement to provide adequate facilities for the storage, cooking and service of food and to supply adequate food for every resident. All residential homes also have to conform to the requirements of the Food Hygiene (General) Regulations 1970 and subsequent legislation.

Relevant legislation, Guidance and information:

Food Act 1984

Food Safety Act 1990

Food Hygiene (General) Regulations 1970

Building Regulations 1985

Drugs

Both the 1984 Nursing Homes and Mental Nursing Homes Regulations and the 1984 Residential Care Homes Regulations require the person registered to make adequate arrangements for the recording, safe keeping, handling and disposal of drugs.

Relevant legislation, guidance and information:

Medicines Act 1968

Misuse of Drugs Act 1971

Residential Care Homes Regulations 1984

Nursing Homes and Mental Nursing Homes Regulations 1984

Misuse of Drugs Regulations 1973

Misuse of Drugs (Safe Custody) Regulations 1973

National Association of Health Authorities and Trusts (NAHAT)

Model Guidelines 1993


Appendix 2 further reading

Association of Directors of Social Services (1995) Mistreatment of older people: a discussion document. ADSS, Northallerton.

Clough, J. (1995) Caring with competence: a practical introduction to care an in-service development programme for staff working in residential care homes for older people. Winslow, Bicester.

Counsel and Care (1992) What if they hurt themselves. Counsel and Care, London. (1993) Sound barriers. Counsel and Care, London. (1995) Last rights. Counsel and Care, London.

Croner's (regularly updated) Care home management. Croner's Publications Ltd, Kingston upon Thames.

Department of Health, Social Services Inspectorate (1989) Homes are for living in (HAFLI). HMSO, London.

Health and Safety Executive (1993) Health and safety in residential care homes, Health and Safety Series booklet MS(G) 104. HSE Books, Sheffield.

Kellaher, L. and Peace, S. (1993) Rest assured: new moves in quality assurance for residential care in Johnson, J. and Slater, R., eds, Ageing and later life. OU Press and Sage, London.

McKay, C. and Patrick, H. (1995) The care maze: the law and your rights to community care in Scotland. ENABLE/Scottish Association for Mental Health, Glasgow.

National Association of Health Authorities [and Trusts] (1985) Registration and inspection of nursing homes: a hand book for health authorities. NAHA, Birmingham, plus Supplement, 1993.

Nazarko, L. (1996) NVQs in nursing and residential homes. Blackwell Science, Oxford.

Norman, A. (1987) Rights and risk: a discussion document on civil liberty in old age, Centre for Policy on Ageing, London.

O'Kell, S. (1995) Care standards in the residential care sector quality and qualifications: implications for users, providers and purchasers. YPS/Joseph Rowntree Foundation, York.

Royal College of Nursing (1992) Focus on restraint: guidelines on the use of restraint in the care of older people. RCN, London.

Wagner Development Group (1990) Staffing in residential homes: a handbook of guidance on the calculation of staffing establishments and the deployment of staff for managers, proprietors, employers and trades union officers. NISW, London.

Worsley, J. (1992) Good care management: a guide to setting up and managing a residential home. ACE Books, Age Concern, London.


Appendix 3 useful addresses

Action on Elder Abuse
Astral House
1268 London Road
London SW16 4ER
Tel: 0181-679 2648

Advisory, Conciliation and Arbitration Service
27 Wilton Street
London SW1X 7AZ
Tel: 0171-210 3000

Age Concern England
Astral House
1268 London Road
London SW16 4ER
Tel: 0181-679 8000

Alzheimer's Disease Society
Gordon House
10 Greencoat Place
London SW1P 1PH
Tel: 0171-306 0606

Association of British Insurers
51 Gresham Street
London EC2V 7HQ
Tel: 0171-600 3333

Association for Continence Advice
Winchester House
Kennington Park
Cranmer Road
The Oval
London SW9 6EJ
Tel: 0171-820 8113

British Association for Service to the Elderly (BASE)
The Guildford Institute of the University of Surrey
Ward Street
Guildford GUI 4LH
Tel: (01483) 451036

British Council of Organisations of Disabled People
Litchurch Plaza
Litchurch Lane
Derby DE24 BAA
Tel: (01332) 295551

British Deaf Association
38 Victoria Place
Carlisle CA1 lHU
Tel:(01228) 48844

British Diabetic Association
10 Queen Anne Street
London W1M OBD
Tel: 0171-323 1531

British Geriatrics Society
1 St Andrews Place
Regents Park
London NW1 4LB
Tel: 0171-935 4004

Carers National Association
20-25 Glasshouse Yard
London EC1A 4JS
Tel: 0171-490 8818

Centre for Accessible Environments
Nutmeg House
Gainsford Street
London SE1 2NY
Tel 0171-357 8182

Centre for Environmental and Social Studies on Ageing
University of North London
Ladbroke House
62-66 Highbury Grove
London N5 2AD
Tel: 0171-753 5038

Centre for Policy on Ageing
25-31 Ironmonger Row
London EC1V 3QP
Tel 0171-253 1787

Chartered Society of Physiotherapy
14 Bedford Row
London WC 1 R 4ED
Tel: 0171-242 1941

College of Occupational Therapists
6-8 Marshalsea Road
London SE1 1HL
Tel: 0171-357 6480

Commission for Racial Equality
Elliott House
10-12 Allington Street
London SW1E 5EH
Tel: 0171-828 7022

Continuing Care Conference
12 Little College Street
London SW1P 3SH
Tel: 0171-222 1265

Counsel and Care
Twyman House
16 Bonny Street
London NW1 9PG
Tel: 0171-485 1566

Court of Protection
The Public Trust Office
Stewart House
24 Kingsway
London WC2 6JX
Tel: 0171-269 7000

Disabled Living Centres Council
Winchester House
Kennington Park
Cranmer Road
The Oval
London SW9 6EJ
Tel: 0171-820 0567

Disabled Living Foundation
380-384 Harrow Road
London W9 2HU
Tel: 0171-289 6111

Elderly Accommodation Counsel
46a Chiswick High Road
London W4 1 SZ
Tel: 0181-995 8320

Equal Opportunities Commission Overseas House
Quay Street
Manchester M3 3HN
Tel: 0161-833 9244

Federation of Small Businesses
(National Federation of Self Employed and Small Businesses Ltd)
140 Lower Marsh
Westminster Bridge
London SE1 7AE
Tel 0171-928 9272

Health and Safety Executive
The Information Centre
Broad Lane
Sheffield S3 7HQ
Tel: 0114-289 2345

Health Services Accreditation
Rutherford Park
Marley Lane
Battle TN33 OEZ
Tel: (01424) 772277

Hearing Concern
7-11 Armstrong Road
London W3 7JL
Tel: 0181-743 1110

Help the Aged
St James's Walk
Clerkenwell Green
London EC1R OBE
Tel: 0171-253 0253

Investors in People UK
4th Floor
7-10 Chandos Street
London W1M 9DE
Tel: 0171-467 1900

King's Fund Organisational Audit
11-13 Cavendish Square
London W1M OAN
Tel: 0171-307 2400

National Association of Health Authorities and Trusts
Birmingham Research Park
Vincent Drive
Birmingham B15 2SQ
Tel: 0121-471 4444

Mobility Advice and Vehicle Information Service (MAVIS)
Transport Research Laboratory
Crowthorne
Berks RG45 6AU
Tel: (01344) 770456

National Association of Citizens Advice Bureaux
Myddelton House
115-123 Pentonville Road
London N1 9LZ
Tel: 0171-833 2181

National Association of Inspection and Registration Officers
28 Broom Lane
Rotherham S60 3EL
Tel: (01709) 366237

National Council for Hospice and Specialist Palliative Care Services
59 Bryanston Street
London W1A 2AZ
Tel: 0171-611 1153

National Council for Voluntary Organisations
Regents Wharf
8 All Saints Street
London N1 9RL
Tel: 0171-713 6161

National Inspection Unit Managers Group
The Inspection Unit
Friary House
Friary Park
Friern Barnet Lane
London N20 ONR
Tel: 0181-361 2525

National Listening Library, incorporating Talking Books
12 Lant Street
London SE1 1QH
Tel: 0171-407 9417

Parkinson's Disease Society
22 Upper Woburn Place
London WC1H ORA
Tel 0171-383 3513

Qualifications for Work Division (National Vocational Qualifications)
Department of Education and Employment
The Moor
Moorfoot
Sheffield S1 4PQ
Tel: 0114-275 3275

The Relatives Association
5 Tavistock Place
London WC1H 9SN
Tel: 0171-916 6055

Royal Association of Disability and Rehabilitation (RADAR)
12 City Forum
250 City Road
London EC1V OAF
Tel: 0171-250 3222

Royal College of Nursing
20 Cavendish Square
London W1M OAB
Tel:0171-409 3333

Royal Institute of Public Health and Hygiene
28 Portland Place
London WIN 4DE
Tel: 0171-580 2731

Royal National Institute for the Blind
224 Great Portland Street
London WIN 6AA
Tel: 0171-388 1266

Royal National Institute for Deaf People
19-23 Featherstone Street
London EC1Y 8SL
Tel: 0171-296 8000

Social Services Inspectorate
Department of Health
Richmond House
79 Whitehall
London SW1A 2NS
Tel: 0171-210 5569

Society of Nurse Inspection and Registration Officers
Royal College of Nursing
20 Cavendish Square
London W1M OAB
Tel: 0171-409 3333

Care Homes Associations and Organisations

The Abbeyfield Society
53 Victoria Street
St Albans AL1 3UW
Tel:(01727) 857536

Anchor Trust
Fountain Court
Oxford Spires Business Park
Kidlington OX5 lNZ
Tel: (01865) 854000

Association of Approved Registered Care Homes
Central Office
Thomas Watson House
Northumberland Street
Darlington DL3 7HJ
Tel: (01325) 467847

Association of Residential Care
ARC House
Marsden Street
Chesterfield S40 lJY
Tel: (01246) 555043

British Health Care Association
24a Main Street
Garforth
Leeds LS25 1AA
Tel: 0113-232 0903

British Federation of Care Home Proprietors
840 Melton Road
Thurmaston
Leicester LE4 8BN
Tel: 0116-264 0095

The Care Forum
Ringwood House
Walton Street
Aylesbury HP21 7QP
Tel: (01296) 393055

Hanover Housing Association
Hanover House
18 The Avenue
Egham TW20 9AB
Tel: (01784) 438361

Independent Healthcare Association
22 Little Russell Street
London WC1A 2HT
Tel: 0171-430 0537

Institute of Community Care Management
PO Box 58
Corby NN17 lZX
Tel: (01536) 204222 ext 230

The Leonard Cheshire Foundation
26-29 Maunsel Street
London SW1P 2QN
Tel: 0171-828 1822

Methodist Homes for the Aged
Epworth House
Stuart Street
Derby DE1 2EQ
Tel: (01332) 296200

National Care Homes Association
3rd Floor, Martin House
84-86 Grays Inn Road
London WC1X 8BQ
Tel: 0171-831 7090

Registered Nursing Home Association
Calthorpe House
Hagley Road
Edgbaston
Birmingham B16 8QY
Tel: 0121-454 2511

United Care Association
132 Bournemouth Road
Chandlers Ford
Eastleigh S053 3AL
Tel: (01703) 255794

Scotland

Age Concern Scotland
113 Rose Street
Edinburgh EH2 3DT
Tel: 0131-220 3345

Alzheimer Scotland Action on Dementia
8 Hill Street
Edinburgh
EH2 3JZ
Tel: 0131-225 1453

Carers National Association (Scotland)
11 Queen's Crescent
Glasgow G4 9AS
Tel 0141333 9495

Citizens Advice Scotland
26 George Square
Edinburgh EH8 9LD
Tel: 0131667 0156

Dementia Service Development Centre
University of Stirling
Stirling FK9 4LA
Tel: 01786 467740

Disability Scotland
Princes House
5 Shandwick Place
Edinburgh EH2 4RG
Tel: 0131229 8632

Help the Aged Scotland
Herriot House
Herriothill Terrace
Edinburgh EH7 4DY
Tel: 0131556 4666

Royal National Institute for the Blind (Scotland)
10 Magdala Crescent
Edinburgh EH12 5BE
Tel: 0131313 1498

Royal National Institute for Deaf People
9 Clairmont Gardens
Glasgow G3 7LW
Tel: 0141332 0343

Scottish Council for Voluntary Organisations
18-19 Claremont Crescent
Edinburgh EH7 4QD
Tel: 0131-556 3882

Scottish Law Commission
140 Causewayside
Edinburgh EH9 1PR
Tel: 0131668 2131

Social Work Services Inspectorate
James Craig Walk
Edinburgh EH3 1BA
Tel: 0131556 8400

Northern Ireland

Age Concern Northern Ireland
3 Lower Crescent
Belfast BT7 1NR
Tel: (01232) 245729

Carers National Association for Northern Ireland
Regional Office
113 University Street
Belfast BT7 lHP
Tel: (01232) 439843

Department of Health and Social Services (Northern Ireland)
Dundonald House
Upper Newtownards Road
Belfast BT4 3SF
Tel: (01232) 520000

Equal Opportunities Commission for Northern Ireland
Chamber of Commerce House
22 Great Victoria Street
Belfast BT2 7BA
Tel: (01232) 242752

Help the Aged Northern Ireland
Lesley House
Shaftesbury Square
Belfast BT2 7DB
Tel: (01232) 230666

Office of Care and Protection (Northern Ireland)
Royal Court of Justice
PO Box 410
Chichester Street
Belfast BT1 3JF
Tel: (01232) 235111

Wales

Age Concern Cymru
4th Floor
1 Cathedral Road
Cardiff CF1 9SD
Tel: (01222) 371566

Alzheimer's Disease Society
Wales Development Office
Tonna Hospital
Tonna
Neath SA11 3LX
Tel: (01639) 641938

Carers National Association in Wales
Pantglas Industrial Estate
Bedwas
Newport NP1 8DR
Tel: (01222) 880176

Disability Wales
Llys Ifor
Crescent Road
Caerphilly CF83 1XL
Tel: (01222) 887325

Welsh Consumer Council
Castle Buildings
Womanby Street
Cardiff CF1 2BN
Tel: (01222) 396056