Case Law in the Care Home Sector

CIW Cases:-

CQC Cases:-

Other Cases:-

Private Care Home Placements Funded by Local Authority – No public function

YL v. Birmingham City Council& Ors [2007] UKHL 27 (June 2007) – “remains the leading case on the concept of functions of a public nature under the HRA. The House of Lords held that a private care home providing accommodation and care to residents who were placed there by a local authority pursuant to its statutory duties and powers, and whose accommodation and care were paid for by that local authority, was not exercising public functions.” – cited in Taggart v The Royal College of Surgeons of England & Anor [2022] EWHC 1141 (Admin) (April 2022)

Registration Appeal where there is no longer a Premises or Establishment

Welsh Ministers v The Care Standards Tribunal & Anor [2008] EWHC 49 (Admin) – confirms that registration of an individual must be linked to registered a establishment or premises: “An individual has, generically as it were, to be a person who is fit to manage “a” care home. But in addition he or she has to be fit to manage “the” care home in question. (27)“; but despite this, strike out is not automatic where there is no longer a specific establishment or premises. There may be occasions where it is necessary to examine the issues relating to an application for registration. In the above case, it was held that an appeal “would at least in the course of the hearing have the chance to persuade the Tribunal that the original grounds for refusing to register her [the applicant seeking registration] were not justified and to promulgate a written decision which said as much. If that were the outcome, there could be real advantage to her thereafter in any further registration application she might make, in circumstances where another offer of employment as manager had become available to her at a particular home. (39)”  The judge also commented on whether it was appropriate for a tribunal to examine matters being prosecuted in the criminal courts (at 46). (January 2008)

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