Public Consultation on the Social Residential Homes Bill

Ministry of Social and Family Development (MSF)

Consultation Period: 21 Nov 2024 - 02 Jan 2025

Status: Open

Detailed Description

Aim

1. The Ministry of Social and Family Development (MSF) invites members of the public to provide feedback on the proposed Social Residential Homes Bill (SRHB), which seeks to uphold quality and consistent standards across the Social Residential Homes (SRHs), for the safety and well-being of their vulnerable residents.

Background

1. The SRHB will replace the Homes for the Aged Act (HFAA) that regulates Sheltered Homes. Existing provisions relating to care standards for Homes in the Children and Young Persons Act (CYPA) and Destitute Persons Act (DPA) will be superseded by the licensing regime in the SRHB.

New Legislation for Social Residential Homes

1. Social Residential Homes (“SRHs”) refer to any premises that are used to provide residential accommodation to persons who require care and/or social intervention. Today, MSF oversees a range of SRHs that provide short- to long-term residential care to different resident profiles. 

2. Over the years, MSF has worked closely with operators of SRHs to raise the standards of care provided to residents. It is timely to codify and harmonise these standards under a common framework to enable clients to benefit from a robust regulatory regime. This ensures that existing operators and new entrants to the sector, continue to uphold quality and consistent standards across SRHs, for the safety and well-being of their vulnerable residents. 

3. While the SRHB will enable the regulation of a wider scope of SRHs, MSF will adopt a risk-based regulatory approach to license SRHs in phases. For a start, MSF will license SRHs caring for the most vulnerable residents, who are heavily reliant on the SRH to meet their daily needs, as listed at 5(a)-(f) below. From Apr to Jun 2024, MSF consulted operators of these SRHs through closed-door engagement sessions, and the draft Bill has taken their feedback into consideration. 

   1. Children’s Homes 

   2. Children Disability Homes 

   3. Sheltered Homes 

   4. Welfare Homes 

   5. Adult Disability Homes 

   6. Adult Disability Hostels 

Key Features of the Social Residential Homes Bill 

1. The SRHB is MSF’s commitment to work with the SRHs to professionalise the sector via one regulatory framework and common licensing standards. To raise professionalism within the sector, the SRHB will emphasise the importance of staff training. SRHs will be required to ensure that their staff are adequately equipped with the necessary skills and knowledge to provide quality care to residents. 

2. Under the SRHB, there will be strong deterrents and consequences for errant operators or staff, including financial penalties or imprisonment. MSF will also have stronger investigative powers over operators to more effectively manage suspected non-compliances.

A. Stronger safeguards for residents’ safety and well-being 

1. The SRHB will articulate expected standards to ensure the safety and well-being of residents in the SRHs. These requirements will promote consistent practices across SRHs, fostering a high-quality care environment for all residents. 

2. To further protect vulnerable residents, the SRHB will require SRHs to obtain MSF’s prior approval before deploying any individual who will have direct and prolonged contact with residents in the SRH. This includes, but are not limited to, SRH staff and regular volunteers. 

3. The SRHB will empower MSF to issue directions to SRHs to take measures to rectify any circumstances that compromise the residents’ safety, well-being and continuity of care. 

4. To complement MSF’s regulatory checks on the SRHs, the SRHB will enable MSF to appoint an independent Board of Visitors to inspect SRHs’ living conditions, standards of care and supervision of residents. 

5. The SRHB will prohibit the use of restraints on residents except under exceptional circumstances where residents are at risk of hurting themselves or others. Safety restraints should only be implemented as a last resort, with priority given to de-escalation techniques and other non-restrictive interventions. Only trained and certified staff may apply safety restraints to residents, and only under supervision and with proper documentation. This provision recognises that some SRHs care for residents with psychiatric and/or behavioural conditions, who may occasionally face challenges in regulating their emotions and behaviours due to a range of underlying issues, and that restraints may be necessary in such exceptional circumstances. The use of restraints in any other circumstances will be strictly prohibited. 

6. To ensure continuity of care and protect residents from potential disruptions in service, the SRHB will authorise MSF to issue step-in orders when necessary. These orders will allow MSF to temporarily direct SRH operations, safeguarding residents against abrupt discontinuation of service. These step-in orders will be limited in duration, ceasing once operations are stabilised or all affected residents are safely transferred to a new SRH. MSF will exercise these step-in powers judiciously, employing them only as a last resort when all other mitigating measures have been exhausted or are no longer viable. 

B. More comprehensive enforcement framework 

1. To underscore the paramount importance of residents’ safety and well-being, the provisions in the SRHB ensure that necessary and robust measures are in place to address and deter egregious offences. The SRHB will also enhance penalty quanta for offences to align with more recently enacted legislation such as the Healthcare Services Act.

2. To promote accountability and encourage vigilance within the sector, the SRHB will grant MSF the necessary powers to investigate offences thoroughly. To foster a culture of transparency and responsible reporting, the SRHB will extend protection to any person who, in good faith, reports a potential offence under the SRHB to MSF. This will also enable early detection and swift resolution of issues that may affect the quality of care provided to residents.

C. Appeals 

1. To ensure fairness, transparency and due process in the implementation of the licensing framework, the SRHB will establish an appeal mechanism for SRH operators. This provision aims to offer a structured recourse for operators who wish to seek a review of MSF’s decisions related to the implementation of this licensing framework. SRH operators may present their case, seek clarification, and request reconsideration of decisions that significantly impact their operations. By incorporating this appeal process, the SRHB seeks to foster a collaborative environment where concerns can be addressed constructively, ultimately contributing to the continuous improvement of care standards across the sector.

Transition to the new Social Residential Homes Bill

1. MSF has been actively engaging SRHs on the SRHB since Apr 2024 and will continue to support and prepare them ahead of its implementation. MSF will support 61 SRHs that will be licensed under the SRHB to meet the new requirements.

2. Additionally, MSF will support all SRHs licensed under the SRHB with a one-off transition support package. For SRHs seeking to be licensed for the first time, MSF will also offer pre-licensing checks to identify areas for improvement, prior to implementation.

3. MSF intends to enact the SRHB by the first half of 2025, with implementation commencing one year later, i.e., from the first half of 2026.

Invitation to Provide Feedback on the Social Residential Homes Bill

1. MSF is seeking views from (i) caregivers, clients and the general public, and (ii) providers that operate residential homes and/or shelters that currently meet or may meet the definition of SRH. For residential homes and/or shelters that will not be licensed for now, we will study and consider the need for licensing under SRHB, in subsequent phases. Your feedback on the draft Bill is important to us and will better inform the development and implementation of SRHB in future.

2. Please provide your feedback by 2 January 2025 via the “Share Your Feedback” button below. Your responses will be kept confidential and used only for the purpose of formulating the SRHB. MSF will consolidate and publish a summary of key feedback received, along with our responses, after this public consultation exercise ends. Thank you.