What Triggers Care Home Registration?

Way back in August 2002, DH issued Guidance on Supported Housing and Care Homes which was in response to the initial growth of extra care housing and its relationship to care home registration – in particular, what must be in place in order that the extra care is not deemed to be registerable as a care home.

I believe the key factor was outlined in section 36 of the document:

“In the case of extra care housing or supported housing, possession of an assured tenancy will generally mean that a person has a right to deny entry to other people, including any care workers, without this having an effect on their right to occupy the dwelling. There may be practical difficulties about exercising choices over personal care, meals, or laundry. For example, the commissioning of care may not allow for particular choices of care provider by a user. Nevertheless, the fact that the person’s security of housing tenure would be unaffected by denying entry to a care worker, in the same way as for any person living in ordinary housing, is a crucial difference from most care home provision and a factor in their greater independence. It means that the person is genuinely living “in their own home”.”

My question is whether the above Guidance still stands (I have seen nothing since to indicate it has either been superseded or removed) and whether the above remains the defining line between extra care and care homes. I ask this in case there is an extra care provider that only wants tenants who would commit to purchase care off them and no other provider and if the above Guidance still stands, then I think they would run the risk of being open to be registered as a care home.

I welcome your thoughts.

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