Under the Provision of Services Regulations 2009, (External link) applications for registration to provide a service covered by the regulations are deemed to have been granted if they are not processed within a reasonable period. However, the regulations allow different arrangements to be put in place where these are justified by overriding reasons relating to the public interest, including a legitimate interest of third parties such as:
- People who use, or who may use, regulated services and their relatives
- Local authorities and others who may commission, or purchase such services
We have put in place different arrangements for the way applications are dealt with where there is any delay in processing applications beyond the timescale agreed. This means that any application for registration of a provider or manager under the Care Standards Act 2000 or Children’s Family (Wales) Measure 2010, or any application by a registered person to vary or remove the conditions of registration, will NOT be deemed to have been granted when any specified (or extended) time period has expired.
We will only grant such applications when satisfied that all matters within the application meet the relevant parts of the Care Standards Act 2000, or Children’s and Families (Wales) Measure 2010 and any associated secondary legislation.
It would not be in the public interest for such applications to be granted simply because a time limit has expired. It is in the public interest that those who provide, or seek to provide services to children and vulnerable adults should be subject to all necessary and appropriate scrutiny, checks and inquiries, including checks on the facilities provided. It is in the legitimate interests of third parties that we should carry out all necessary inquiries and give full consideration to all information arising from such inquiries before any application to register or vary or remove the conditions of registration is determined.