Care home managers face 10 main legal dilemmas as a result of “a destructive mix of new care home regulation, chronic under-funding and a lack of public understanding”, according to legal experts.
In a new report, ‘Navigating the legal challenges in the social care sector’ the legal firm Coffin Mew details the following legal challenges facing care homes:
- Legal issues related to CQC regulation, including inspection rating appeals or challenges
- Deprivation or Liberty Safeguards (DoLS) and the new Liberty Protection Safeguards
- Court of Protection
- Complaints from families and relatives
- Dispute resolution
- Consumer law protection
- GDPR and data protection
- Health and Safety
- Employment law.
The briefing explains that homes with fewer than 25 beds can often face regulatory or financial obstacles, and difficulties competing with purpose-built homes. Dominic Travers, partner in the care & protection sector, said: “At the heart of the problem is the challenge that funding is being stripped out of local authorities and other sources of care provision, but at the same time the public want a ‘cradle to grave’ service where the state will look after people until the end.
“Our new whitepaper argues that despite being tested by an ever-changing political environment and ever-greater scrutiny, care home owners and operators must be at the heart of the solution if we are to solve the crisis.”