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A look at health and social care regulation: introducing the regulations

19-01-2022

This week, we continue the series of articles began last week on the standards and regulations that govern CQC registered health and social care providers. Whether you are just starting up a social care business or looking to refresh your knowledge, perhaps as a new manager or deputy manager, without a good understanding of the regulations, it is unlikely you will meet the CQC inspection requirements.

Perhaps more importantly, a working knowledge of the regulations will enable you to question the inspection report and respond to its contents appropriately, should the need arise. In investing the time now, then, to familiarise yourself with the requirements, you will save time (and stress) later on – whether you a completing your CQC application to become a registered provider for the first time or benchmarking an existing service to ensure compliance.

A final note of introduction: this series is aimed at care providers in England and will therefore discuss English regulations only. If you’re in Scotland or Wales, do not fear, however! We can still help. Get in touch to find out how we can support you to meet the regulatory regimes where you are.

The regulations

There are two groups of regulations that, as a social care provider, you need to meet:

These regulations apply to ALL persons (both providers and managers) who are registered with the CQC and who carry out regulated activities. As a prospective provider or manager applying for CQC registration, this means you must demonstrate that you are able to meet the requirements set out in the regulations and, once registered, will continue to meet them.

Health and Social Care Act 2008 (Regulated Activities) Regulations 2014 (Part 3)

The Health and Social Care Act 2008 (Regulated Activities) Regulations 2014 (Part 3) has two sections. Regulations 4 – 7 of Section 1 describe the requirements related to persons carrying our or managing a regulated activity.

This includes the type of business structure you are setting up (Individual, partnership, charity, limited liability company, etc.). An accountant is best place to advise here, particularly if you have never set up a business before. Each business structure has its own tax regimes and it’s wise to consider these and their implications before deciding on a business model.

Section 1 is the beginning of the registration requirements and all regulations (4 – 7) must be met before you submit your application as a provider.

Section 2 and Regulations 8 – 20A then introduce the Fundamental Standards, below which the provision of regulated activities and the care service users receive must not fall. They came into force on 1 April 2015 for all health and adult social care services. It is these regulations that we will look at in detail of the next weeks. Along the way, we will also identify those regulations that are directly prosecutable.

Regulation 8: General

We begin with Regulation 8, which is an overarching regulation that states that:

Registered persons must comply with the subsequent Regulations 9 – 20A when carrying out a regulated activity.
There are exceptions if the requirements of the regulations have already been completed by another registered person in relation to the regulated activity.
For the purposes of Regulation 9 – 20A, when a service user is aged 16 years or older and lacks mental capacity, Sections 2 and 3 of the Mental Capacity Act 2005 apply for the purposes of that act. (Note: this reference to the Mental Capacity Act 2005 will become clearer as we look at the subsequent regulations in more detail).

An emphasis on registration

There is little doubt that the CQC now places greater weight on the registration process, using it as a way of filtering potential registered persons to ensure that the people who own and run social care businesses are fit to do so – hence the importance of Section 1 and how you set up your business.

Next week, we will continue our journey through the regulations. But if you can’t wait until then, check out our blogs on registering your business with the CQC and the business foundations of running a social care business, both of which form part of a series of blogs on How to Start a Care Agency.

For those who have been in the industry for a while, we offer CQC Mock Inspections, Compliance Audits and Bespoke Business Support to assist in developing your business to its full potential, plus complete Health and Social Care Policies. Not seeing what you’re looking for? Contact us to discuss your needs with one of our team of experts.

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