Jones v Commission for Social Care Inspection: CA 16 Dec 2004

Registration of Nursing Home. Brooke LJ: ‘I have no hesitation in holding that an applicant must demonstrate to the Commission, and if there is an appeal, the Care Standards Tribunal, that he is a fit person before he can be qualified for registration . . It would be absurd if the onus of proof were placed on the Commission to demonstrate unfitness before it could refuse registration.’ Thomas LJ ‘ A manager of a care home occupies an important position of trust and must . . demonstrate that he is fit and proper to hold such a position; any doubts must be resolved against registration.’


Brooke LJ, Thomas LJ


[2004] EWCA Civ 1713, Times 04-Jan-2005




England and Wales

Cited by:

CitedSJ v Ofsted CST 22-Dec-2004
The respondent had refused the applicant a registration as a child minder. She appealed but had to ask for adjournment to find public funding to assist her in making the application. Legal Aid not being generally available, the adjournment was . .
Lists of cited by and citing cases may be incomplete.

Health Professions

Updated: 27 June 2022; Ref: scu.220348