October 2010 Goodbye Care Standards Act, Hello Health & Social Care Act!

02/10/2010
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The Care Standards Act 2000 specified which establishments had to be registered as care homes from April 2002.  It covered establishments that provide accommodation together with nursing or personal care for people who are or who have been ill, who have a mental disorder, who are disabled or infirm or who have been dependent on alcohol or drugs (section 3). 

From October 2010 adult social care and independent health care providers must be registered   under the Health & Social Care Act 2008 and the Care Standards Act will be repealed.
 
Under the 2008 Act “personal care” means—
 
(a)physical assistance given to a person in connection with—
 
(i)eating or drinking (including the administration of parenteral nutrition),
(ii)toileting (including in relation to the process of menstruation),
(iii)washing or bathing,
(iv)dressing,
(v)oral care, or
(vi)the care of skin, hair and nails (with the exception of nail care provided by a chiropodist or podiatrist); or
 
(b)the prompting, together with supervision, of a person, in relation to the performance of any of the activities listed in paragraph (a), where that person is unable to make a decision for themselves in relation to performing such an activity without such prompting and supervision
 
The Act shifts the emphasis from what an organisation is (the setting) to what the organisation does (the activity).  The Act then specifies in Schedule what are to be prescribed as regulated activities.
These include:
 
  Personal care
  Accommodation for persons who require nursing or personal care
  Accommodation for persons who require treatment for drug or alcohol misuse
  Accommodation and nursing or personal care in the further edeucation sector
  Surgical procedures
  Treatment of disease, disorder or injury
  Services in slimming clinics
 
An activity is only a regulated activity if it is carried on in England.
 
Certain types of provision are excluded such as the services of a carer employed by an individual, without the involvement of an employment agency or employment business, and working wholly under the direction and control of that individual in order to meet that individual’s own care requirements
Supported housing remains outside the scope of the regulations unless personal care is provided.
 
The significant change is that prompting and supervision in respect of the listed bodily functions will constitute personal care where the service user lacks capacity.
The Act then specifies measures for the quality and safety of service provision in relation to regulated activity.  Full details are provided in our Community Care training course.
 

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