Commentary on Sections Enforcement of care standards (Sections 26 to 29) Section 26 Power of Chief Inspector where person is failing to comply with requirement relating to children’s homes etc.
114.Section 26 applies to England only. The section inserts new section 22A into the Care Standards Act 2000 to enable the Chief Inspector to serve a “compliance notice” where he is of the opinion that an establishment or agency is not meeting the required standards, as set out in the relevant regulations and NMS.
115.The notice may be served on the registered owner or proprietor of the establishment or agency as well as on the person managing it. It must specify how, in the view of the Chief Inspector, the establishment or agency is failing to meet the standards and the steps that need to be taken to remedy this (subsection (3)). Failing to take these steps within the required timescale is a criminal offence and a person who is found guilty may be fined accordingly (subsections (4) and (5)).
116.Failure to act on the compliance notice is a ground for cancellation of registration. Subsection (1) of this section amends section 14 of the Care Standards Act 2000 to that effect.