Landlords preparing for the imminent Supporting People regime were thrown into fresh confusion this week as it emerged some councils may unknowingly be breaking the law by de-registering their care homes.
The National Care Standards Commission, which will oversee the new regime, fears some landlords will try to de-register to gain access to transitional housing benefit.

But it believes there is no legal framework for this, and standards may suffer.

The news has led to renewed fears that vulnerable tenants will end up receiving insufficient levels of care.

HIV-positive people could lose out due to confusion over what constitutes short-term and long-term services (Housing Today, 21 February).

The commission, which begins operations next month, warned that some councils may be acting in breach of the Care Standards Act 2000.

Under the current legislation there are no legal provisions or guidelines to allow for de-registration from care home status to become a supported housing scheme under the new regime, it revealed.

The lack of precedents or guidelines has prompted fears that tenants will lose out.

The concern is that 'very supported' housing falls outside any care standards legislation and may therefore open the floodgates to abuse and misinterpretation of 'personal care' and 'domiciliary care' provided within the home.

Heather Wing, adult services director at the NCSC, warned any change in status that could jeopardise the protection of vulnerable people would be unlawful.

"[Supported housing providers] also risk future disruption to funding if the National Care Standards Commission later decides that registration as a care home is required," she added.

The commission will follow up on its fears when it goes live in April, she explained.

The Department of Health said government policy would not support "inappropriate" changes to care homes seeking to secure funding through transitional housing benefit and Supporting People.

Government departments have warned "such practices may well prove to be unlawful". They were also concerned about landlords who contract in personal care from domiciliary care agencies. The commission said that agencies might require registration as a care home under the CSA 2000.

Housing providers and local authorities said registering some groups, such as homeowners who need extra care in their own homes, could work against them without clear guidance.

John Belcher (pictured), chief executive of Anchor Trust, said: "Registration would defeat the whole purpose of supported housing. If we were to go down this route, we would be denying people their rights as tenants."

Source

Housing Today