Care home briefing 85 – CQC re-registration update
The re-registration process required as a result of the Health & Social Care Act 2008 is now well underway. These arrangements were summarised in our previous Health Care briefings  After dealing with the registration process for the NHS, all care homes will need to re-register and the Care Quality Commission (CQC) have made it plain that there will be no automatic passport to re-registration.
The re-registration process has involved CQC issuing invitations to apply to cohorts of providers who then have a window of 28 days in which to submit an application on line. As of 21 June 2010, almost 6,000 providers have submitted completed applications.
It is important to do this in order to achieve re-registration and thus to avoid the loss of registration. Should that happen, continued trading is likely to be a criminal offence and it is therefore important to make sure that all registrable activities are included within the registration. The new scheme is based upon registration of the provision of regulated services rather than registration by unit as was previously the case.
Once an application is submitted, CQC will issue a notice of decision if registration is approved. However, if CQC are intending to refuse registration, then it will issue a notice of proposal to refuse the application. Providers have 28 days to make written representations if they disagree with the notice to refuse.
They may also disagree with CQC regarding any conditions that CQC may propose to impose on the registration, and again there is a 28 day period to make representations about that. It is essential that any such representations (and we would generally recommend that representations should be made) are made strictly within that 28 day period.
RadcliffesLeBrasseur is one of the few firms with experience in care home registration issues, and can provide assistance on request.
 See RadcliffesLeBrasseur Health Care briefings of February and March 2010 available in the publication section of our website, www.rlb-law.com
We previously reported on the recent Court decision to refuse an Injunction to prevent the closure of a Care Home .
The Court has recently refused a further Judicial Review application to prevent a Care Home closure .
The Court commented on the recent “proliferation of publicly funded litigation” that sought to prevent the closure of Local Authority Care Homes. It also commented that the available research does not show that closure of Care Homes will inevitably increase the risk of death for residents who are being transferred. This is often the main plank of arguments against closure and the Court’s comments on this point will therefore be helpful in avoiding challenges.
 See RadcliffesLeBrasseur’s Care Home Briefing No. 83
 R (Turner & Others) v Southampton CC  EWCA Civ. 1290
This briefing is for guidance purposes only. RadcliffesLeBrasseur LLP accepts no responsibility or liability whatsoever for any action taken or not taken in relation to this note and recommends that appropriate legal advice be taken having regard to a client's own particular circumstances.