Care home operators may have genuine concerns about whether they can safely meet a resident’s needs, manage behaviour that affects others, address persistent non-payment, or respond to serious disruption caused by visitors. However, the legal and regulatory framework means that notice should only be served after the provider has identified the correct legal basis, reviewed the contract, assessed risk, considered capacity and best interests where relevant, and carefully documented the steps taken before reaching that decision.
The issue is becoming increasingly significant in light of the Government’s commitment to reform adult social care and develop a National Care Service. Prime Minister Andy Burnham has announced plans to accelerate the work of the Independent Commission on Adult Social Care, strengthen adult safeguarding, improve workforce standards and pay, and create a more integrated relationship between social care, local authorities and the NHS. The direction of travel is