The Care Homes Regulations 2001 ("CHR") contain a Regulation, Reg. 4 (1), requiring registered persons to produce a written statement called a Statement of Purpose ("SOP") consisting of:

(a) a statement of the aims and objectives of the care home;

(b) a statement as to the facilities and services which are to be provided by the registered person for service users; and

(c) a statement as to the matters listed in Schedule 1.

CHR 43 (1) renders failure to comply with Reg 4 an offence.

CHR 43 (2) & (3) provides for the service of a warning notice (similar to the old Reg.20 and Reg. 15 notices) that give registered persons an opportunity to comply or else be prosecuted.

CHR 16 (1) requires the registered person to provide all of the facilities listed as being available in response to CHR 4 (1)(b)

CHR 43 (1) renders failure to comply with CHR 16(1) an offence

Whilst failure to provide the Statement of Purpose itself is an offence only failure
to actually provide the facilities and services that registered persons promise
to provide in response to CHR 4(1)(b) is an offence.

As providers may not always be able to control to supply of facilities and services to be provided it would be prudent for them to couch the 4(1)(b) statement in as general terms as possible.

Although failure actually to conduct the home in accordance with the statement provided in response to CHR (1)(a) and (c) are not in themselves direct offences it is the writer's view that, in considering any proceedings under any other "conduct" CHR the Court may take these statements evidentially into account, similarly in relation to any proceedings for cancellation of registration. This is particularly so in relation to "fitness" issues where the breaking of an "undertaking" might be relied upon to show a lack of integrity.

Providers need to prepare their SOPS with extreme care. Do not promise anything you cannot guarantee to deliver and ensure that any undertakings given are sufficiently general in terms that failure to deliver may not be relied upon as a direct breach of promise.