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What now for deprivations of liberty?

What will the effect of the postponement of the Liberty Protections Safeguards be on local authorities? Local Government Lawyer asked 50 adult social care lawyers for their views on the potential consequences.

Up to 1,000 care homes have failed to appoint a registered manager, says CQC

Close to 1,000 residential care homes do not have a registered manager in place even though it is a legal requirement, the Care Quality Commission has warned.

The commission said the failure to have a registered manager – which is required under the Health and Social Care Act 2008 ­– might not present a direct risk to residents’ safety, but could mean care homes are less able to identify potential concerns and address them quickly.

Conditions have been placed on all those care homes without a registered manager in place requiring them to address the issue by 1 April 2011.

The 2008 Act came into force on 1 October, although the requirement to have a registered manager in place was also a requirement of the previous legislation, the Care Standards Act 2000.

The CQC has so far registered care providers operating about 20,000 adult social care service locations under the new regime.

The watchdog explained that not all care homes need to have a registered manager – those who manage their own services on a day-to-day basis do not need to also register as managers.

Cynthia Bower, the CQC’s chief executive, said: “It has been recognised in the care sector for some time that there is a shortage of experienced and qualified managers. While we have been undertaking the enormous task of re-registering thousands of care services, the scale of this has become clearer.

“The lack of a registered manager does not necessarily mean that people are receiving poor care, but we know from experience that care services without leadership can struggle to address any problems that may arise. Good-quality care is led by good management.

“We know that some providers struggle to find suitably qualified people to take on this role. The sector as a whole needs to take a robust approach to seeking solutions to the shortage of registered managers. It cannot be allowed to continue indefinitely.”

Bower warned that the CQC would use its enforcement powers where appropriate.

“If a care provider is genuinely trying to appoint a registered manager and the quality of care is good, it might not be in the service users’ best interests for us to take enforcement action immediately,” she said. “But if we find that people are being put at risk because there is no registered manager, then we will take action.”

An estimated 1,300 providers of adult social care and healthcare have not applied for registration under the 2008 Act. According to the CQC, this figure includes those who have been difficult to contact and may have ceased operation.