asked Her Majesty's Government:

What consideration they have given to the findings and recommendations of the Joseph Rowntree Foundation's study of night care experiences of older people, relatives and staff in care homes; and whether there is any action they will be taking in response. [HL3440]

The study referred to is based on research carried out in three care homes in Scotland, which has its own system of social care regulation. The Regulation of Care (Scotland) Act 2001 set up the Scottish Commission for the Regulation of Care, which registers and inspects the services listed in the Act, taking account of the national care standards published by Scottish Ministers, to whom the commission is responsible. Action in response to the study is a matter for the Scottish Government.

In England, the regulation of social care services is the responsibility of the Commission for Social Care Inspection (CSCI), which was established under the Health and Social Care (Community Health and Standards) Act 2003 as a single inspectorate to bring together all strands of inspection, monitoring and the regulation of social care services.

CSCI inspects and regulates social care providers, including care and nursing homes, according to regulations and policy guidance set by government, and taking account of national minimum standards (NMS). CSCI is entitled to inspect any care home at any time. It has a wide range of enforcement powers and will take action to protect the welfare of residents, with the aim of raising the quality of care and level of protection for vulnerable people and ensuring that service users and their families can be confident that their welfare and interests are safeguarded.

The regulations and NMS, copies of which are available in the Library, include requirements that care homes should be staffed at all times of the day or night by adequate numbers of suitably trained staff. In the case of care homes providing nursing, this must include qualified nurses.

A comprehensive assessment of care needs should be carried out and an individual care plan drawn up for every resident, together with a plan of care for daily living. All specialised services offered, including services for people with dementia or other cognitive impairments, sensory impairment, physical disabilities, learning disabilities, intermediate or respite care, should be demonstrably based on current good practice, and reflect relevant specialist and clinical guidance.

The environment in homes must be safe, comfortable, clean and hygienic. Residents' accommodation must meet their needs and they must be provided with the specialist equipment they require to maximise their independence.