Janice Evans – who has announced she will be closing Broadway Nursing Home in St Athan within weeks if a suitable purchaser cannot be found very quickly – should have been celebrating 20 years of business in 2006 with a party for staff and residents. Instead, she’s likely to be closing the doors for good.

Janice’s decision is the result of over 12 months of wrangling with the Care Standards Inspectorate for Wales (which is part of the National Assembly) over what she describes as ‘over regulation and unrealistic expectations’ by inspectors.

Having enjoyed an unblemished record since she opened her first care home in 1986, Janice was actually planning to extend Broadway Nursing Home from 39 beds to 66 beds. The investment would have seen a £3m spend in the local economy creating in the region of 100 new jobs. 

The difficulties started last year after several visits from CSIW inspectors. Janice explains: “CSIW eventually told us that they were concerned about the staffing of our communal lounges. The inspectors then came along and found one lounge without supervision for less than four minutes.

“There is no legal requirement which says that our communal lounges must be staffed all day, every day.   Indeed, some of our residents would regard this as an invasion of privacy.  None of our residents require constant supervision.  Nevertheless, CSIW weren’t interested in talking about it and kept returning to the home to question me under caution, and to seize records. There was no discussion and no warning – just some very frightening insinuations.  It was only several months later, when the criminal prosecution was issued, that I found out what their allegations were in any detail.”

For Janice, these allegations, which CSIW described as ‘failure to provide proper provision,’ represented the start of a stressful period for her, her family, the residents and the staff of the home. It all came to a head last week, when despite CSIW’s best efforts, the case was dismissed by the court and costs were awarded to Janice.

Janice said: “Initially, there were two charges against me and I had 100% evidence – from two local GPs - that CSIW were wrong on at least one count, but they did not withdraw the charge until two weeks before the hearing.  We then had to go through nearly six days at court before the second charge was thrown out.

“To be honest, I’m hugely relieved the whole thing is over. But I’ll never forget what’s happened. It’s totally knocked my confidence and there is no sign that CSIW realise they made a mistake in taking matters so far.   That’s why I have to sell or close Broadway.  I dread to think how much the case has cost the taxpayer. 

“2006was supposed to be huge for us – not only is it our 20th anniversary but we were extending the home too. It’s a classic case of over-regulation. Broadway is registered as a care home for up to 39 elderly or vulnerable people who are entitled to want it to feel like a home, not an institution.

“I don’t want to go.  I’ve got a lot of experience, both as a matron and as a care home operator.  It will break my heart to see our residents move away, if that is what it comes to. I can’t believe the authorities have let it go this far. Broadway’s 39 places will certainly be a loss to the sector and to the local community.  If I have to close, the nearest nursing home is about seven miles away.  For many families in the area, it might as well be 70 miles.”

Janice believes that the authorities’ obsession with administration and regulation, rather than looking at the actual well being and wishes of residents, has a lot to answer for.

She said: “At a time when bed-blocking is at crisis point, Wales cannot afford to be losing good quality care homes. It’s a sad state of affairs when paperwork comes before people.”

Jan alerted the staff, residents and their families to the situation at a private meeting. Some have since written to the authorities expressing their concern over the situation.