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.’
Judges:
Brooke LJ, Thomas LJ
Citations:
[2004] EWCA Civ 1713, Times 04-Jan-2005
Links:
Jurisdiction:
England and Wales
Cited by:
Cited – SJ 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
