Meeting of the Parliament (Hybrid) 19 May 2020
I will focus on one of the amendments that we have lodged, as a way of—I hope—explaining why we believe that the powers are necessary.
I preface my comments by saying that we would use these powers as a last resort, but if the Care Inspectorate’s view is that a care home that it has inspected is of such poor quality that it intends to apply to the court to deregister the provider, I do not believe that we can wait for the court to go through its due process—although I am not criticising how long the court may take—before we can step in to ensure that the residents are safe and that infection prevention, cleanliness and the ratio of staff to residents are of the standards that we need.
In those extreme circumstances, it is important that we can provide that additional safety net and, regardless of the provider’s view or the fact that the court decision is still to be made, move in straight away to protect the residents in the care home. As the member knows, the amendment will then require us to apply retrospectively to the court for its permission to do what we have done.