• No centralised governance mechanism to oversee aged care
• Only 148 elders’ homes registered and functioning in line with prescribed guidelines
• Operators of unregistered facilities instructed to regularise institutions

More than 300 elders’ homes currently operating across Sri Lanka remain unregistered despite legal requirements mandating registration, exposing significant gaps in the regulation of a rapidly expanding care sector, officials revealed last Friday (5).

The disclosure comes in the aftermath of the deadly fire at a privately run elders’ home in Anguruwatota, Horana, which has claimed 13 lives and renewed concerns over oversight, safety standards, and accountability within residential care facilities.

National Secretariat for Elders Director Chathura Mihidum said that the secretariat currently had records of 456 elders’ homes operating islandwide, but only 148 were registered and functioning in accordance with prescribed guidelines and standards.

“We have information on 456 homes, but only 148 are properly registered and operating according to the required standards. The actual number of unregistered institutions may be even higher because we still do not have a complete database,” Mihidum said.

He noted that operators of unregistered facilities had previously been instructed to regularise their institutions and comply with existing guidelines; however, many were yet to do so.

Following instructions from Minister of Rural Development, Social Security, and Community Empowerment Dr. Upali Pannilage, the National Secretariat for Elders has decided to grant a specific period for operators to register their facilities before further action is considered.

Mihidum acknowledged that while the Protection of the Rights of Elders Act No.9 of 2000 required all such facilities to be registered and provided for penalties, including fines and imprisonment of up to one year for non-compliance, enforcement remained weak.

“The law clearly states that registration is mandatory. However, practical procedures for enforcement have never been properly established. There is uncertainty about which authority should initiate action against operators who fail to register,” he said.

According to Mihidum, regulatory challenges have intensified as the sector has evolved beyond its original framework.

“The existing regulations were drafted on the assumption that homes would be operated by social service organisations or individuals. Today, many are run as commercial enterprises. Some register as private companies or medical institutions, enabling them to bypass elder care regulations,” he explained.

He further alleged that some operators avoided registration because they received private donations and preferred to avoid regulatory scrutiny and financial transparency.

The Horana tragedy has also highlighted limitations faced by local authorities.

The Divisional Secretary of Millaniya said that officials had identified concerns at the Anguruwatota facility well before the fire but lacked the legal authority to shut it down.

“I visited the institution last year and observed unhygienic conditions and serious safety concerns. The owner was instructed to improve standards so the facility could eventually be registered, but our recommendations were not implemented. The owner was instructed on several occasions to comply with the required standards and safety protocols, but he failed to do so,” the official said.

“The law requires registration, but it does not grant me specific powers to close an institution solely because it is unregistered. My responsibility was to report the matter to higher authorities.”

The Divisional Secretary said a detailed report highlighting the concerns had been submitted on 16 February to relevant agencies, including the National Secretariat for Persons with Disabilities, the District Secretary, the Provincial Social Services Department, and National People’s Power MP Oshani Umanga.

Meanwhile, Police on Friday (5) confirmed that another resident who had been receiving treatment following the fire succumbed to injuries, increasing the death toll to 13.

Five others remain hospitalised with serious injuries.