Moore & Ors, R (on the application of) v Care Standards Tribunal & Anor

Moore & Ors, R (on the application of) v Care Standards Tribunal & Anor

The continued provision of accommodation and care by the same establishment, even via assured tenancies, does not remove the establishment from the statutory definition of a care home under section 3 of the Care Standards Act 2000. The Commission and Tribunal were correct to refuse cancellation of registration, as the statutory conditions remained fulfilled.

Parties
Claimant: Andrew Moore and Others; 1st Defendant: Care Standards Tribunal; 2nd Defendant: National Care Standards Commission
Jurisdiction
England and Wales
Judgment Date
15 October 2004
Procedural Posture
Judicial Review / Judgment
Outcome
Application for judicial review dismissed
Legal Topics
Care Standards Act 2000, Care Homes Regulation, Judicial Review, Statutory Interpretation, Tenancy Agreements, Mental Health, Provision of Care
Administrative Law Health Law Human Rights Care Standards Act 2000 Care Homes Regulation Judicial Review Statutory Interpretation Tenancy Agreements +2 more

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Parties

Andrew Moore and Others

Claimant

Care Standards Tribunal

1st Defendant

National Care Standards Commission

2nd Defendant

Procedural Posture

Judicial Review / Judgment

Legal Issues

  1. 1 Whether the existence of assured tenancies is inconsistent with continued registration as a care home under the Care Standards Act 2000
  2. 2 Whether the Care Standards Commission and Tribunal were correct to refuse cancellation of registration
  3. 3 Whether the Tribunal's findings on the absence of real choice by residents were decisive or vitiated the decision

Ratio Decidendi

The continued provision of accommodation and care by the same establishment, even via assured tenancies, does not remove the establishment from the statutory definition of a care home under section 3 of the Care Standards Act 2000. The Commission and Tribunal were correct to refuse cancellation of registration, as the statutory conditions remained fulfilled.

Court Disposition

Application for judicial review dismissed

Orders

  • Conditional order for costs: not to be enforced without leave, to be resolved within 7 days; otherwise, no order for costs.
  • Permission to appeal refused; left to Court of Appeal to decide if appeal should be entertained.