Regulation 18 of the Care Homes Regulations 2001, which apply to both nursing and residential homes, requires that the registered person shall, having regard to the size of the care home, the statement of purpose and the number and needs of service users, ensure that at all times suitably qualified, competent and experienced persons are working in the care home in such numbers as are appropriate for the health and welfare of service users.
Specific ratios are not laid down, either in the Regulations or the national minimum standards, which the regulator, the Commission for Social Care Inspection, must have regard to when inspecting care homes to establish compliance with the regulations.
Staffing ratios must be determined according to service users’ health and care needs; these may vary from home to home and from day to day. It is a provider’s obligation in law to ensure that their establishment is appropriately staffed on a day to day basis.