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Abstract
Parliament has responded to the issue of treatment of the elderly within institutions with the enactment of the Registered Homes Act 1984. This represents the primary means by which the care of the elderly in registered homes is regulated. A system of quality control and policing is introduced and a framework is provided within which registration authorities can monitor homes, exert powers over them and, in theory, be assured that residents receive adequate care. As identified in a series of Registered Homes Tribunal decisions, the reality is, however, somewhat different. The submission of this article is that the laudable intentions and policy of Parliament are undermined by a shortage of resources allocated to registration authorities, insufficient guidance given to those whose task it is to inspect, the restricted nature of legal sanctions available and the tendency of tribunals to favour the interests of the private sector entrepreneur.
These deficiencies will be explored and the means suggested through which the legislation can be strengthened. These changes, albeit often minor in nature, are potentially major in significance and, it is submitted, are necessary to provide more effective protection for the vulnerable.
