UK: Alteration To The Requirements For Registration With CQC

Last Updated: 30 July 2014
Article by Catherine Drew

Introduction

Following the Francis enquiry report (into the events at Mid Staffordshire) the government consulted on proposals to change the registration requirements for NHS bodies and other providers registered with the Care Quality Commission (CQC). The consultation has resulted in proposed new regulations - the Health and Professional Care Act 2008 (Regulated Activities) Regulations 2014 - which will replace in their entirety the current equivalent regulations introduced in 2010. In summary, in addition to setting out the regulated activities (for which providers have to be registered with the CQC), the new regulations will introduce the following measures:

  • certain fundamental standards (for all providers from April 2015);
  • the "Duty of Candour" (for NHS bodies only from October 2014 and for all other CQC registered providers from April 2015); and
  • the requirements for directors of health and adult social care providers registered with CQC to be fit and proper persons for their role (again for NHS bodies only from October 2014 and for all other CQC registered providers from April 2015).

The proposed introduction of the new regulations is against the background of the Care Act 2014 which seeks to make the care and support system clearer and more accessible to those who need it and to enshrine in one statue the law relating to care and support (both social care and health care) instead of being scattered, as now, amongst a mixture of legislation, some of which is quite old. The Act contains the core legal duties and powers relating to adult social care and powers to make regulations to deal with the detail of these duties and powers. The Act will come into force in April 2015.

Fundamental Standards

The Francis enquiry recommended the introduction of new fundamental standards of safety and quality below which care should never fall. These standards are intended to be common sense statements that describe the basic requirements which a provider should always meet and set out the outcomes that care service users (and patients) should always expect to receive. All providers registered with CQC will have to meet these fundamental standards as indicated above.

There are 12 fundamental standards in total, comprising the following:

  • care and treatment must be appropriate, reflect people's needs and preferences, must only be provided with consent and must be provided in a safe way;
  • people must be treated with dignity and respect and be protected from abuse;
  • people's nutritional and hydration needs must be met;
  • all premises and equipment used must be clean, secure, suitable and be used properly;
  • complaints must be appropriately investigated and appropriate action taken in response;
  • systems and processes must be established to ensure compliance with the fundamental standards;
  • sufficient numbers of suitably qualified, competent, skilled and experienced staff must be deployed;
  • persons employed must be of good character, have the necessary qualifications, skills and experience, and be able to perform the work for which they are employed; – providers must be open and transparent with people about their care and treatment (the Duty of Candour).

The Statutory Duty of Candour

The new statutory Duty of Candour was a response to the issues and concerns identified in a number of enquiries including that for Mid Staffordshire. The new statutory duty will require providers of health and adult social care to be open with patients and, to apologise when things go wrong. The intention is to encourage providers to improve openness and transparency and, with that, safety. It will be an offence (a) not to notify a service user (or their representatives) that they have been involved in a notifiable safety incident and (b) not to carry out the steps required to be taken as part of the notification process.

The new duty will not apply to individuals but rather to provider organisations which will therefore be expected to implement the new duty through the education and the training of staff. Provider organisations may therefore need to develop new policies and systems and perhaps improve their identification and reporting structures.

Under the new regulations, the threshold for identifying when a notification needs to made under the new duty for adult social care will use the existing CQC notifiable safety incident harm definitions (the health care harm definitions will apply only to NHS bodies).

Fit and Proper Persons Requirement

This requirement aims to ensure that, in order for a social care provider to provide a high quality service, it has in place the right values and culture and the people who are fit to deliver these services. The purpose of the regulations is to require providers to take proper steps to ensure that their directors are fit and proper for the role as is already the case for staff. Requirements will therefore be placed on providers to undertake necessary checks that all directors exhibit the correct types of personal behaviours, competence and business practices required for their roles. The regulations will enable CQC to take action against unfit directors including barring them from individual posts.

Only a small number of the fundamental standards that directly relate to harm will be subject to an offence if breached. This will not include the fit and proper person requirement. Where CQC considers a director to be unfit, CQC can impose a condition of registration requiring the removal of that director. Breach of that condition would itself be an offence and could result in the cancellation of the service provider's registration.

The new regulations contain a "serious" threshold test of both misconduct and mismanagement. The service provider must not appoint or have in place an individual who has been responsible for, been privy to, contributed or facilitated any serious misconduct or mismanagement (whether unlawful or not) in the course of carrying on a regulated activity in England. CQC guidance will set out further details on what may constitute serious misconduct and mismanagement.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

To print this article, all you need is to be registered on Mondaq.com.

Click to Login as an existing user or Register so you can print this article.

Authors
 
In association with
Related Topics
 
Related Articles
 
Related Video
Up-coming Events Search
Tools
Print
Font Size:
Translation
Channels
Mondaq on Twitter
 
Register for Access and our Free Biweekly Alert for
This service is completely free. Access 250,000 archived articles from 100+ countries and get a personalised email twice a week covering developments (and yes, our lawyers like to think you’ve read our Disclaimer).
 
Email Address
Company Name
Password
Confirm Password
Position
Mondaq Topics -- Select your Interests
 Accounting
 Anti-trust
 Commercial
 Compliance
 Consumer
 Criminal
 Employment
 Energy
 Environment
 Family
 Finance
 Government
 Healthcare
 Immigration
 Insolvency
 Insurance
 International
 IP
 Law Performance
 Law Practice
 Litigation
 Media & IT
 Privacy
 Real Estate
 Strategy
 Tax
 Technology
 Transport
 Wealth Mgt
Regions
Africa
Asia
Asia Pacific
Australasia
Canada
Caribbean
Europe
European Union
Latin America
Middle East
U.K.
United States
Worldwide Updates
Registration (you must scroll down to set your data preferences)

Mondaq Ltd requires you to register and provide information that personally identifies you, including your content preferences, for three primary purposes (full details of Mondaq’s use of your personal data can be found in our Privacy and Cookies Notice):

  • To allow you to personalize the Mondaq websites you are visiting to show content ("Content") relevant to your interests.
  • To enable features such as password reminder, news alerts, email a colleague, and linking from Mondaq (and its affiliate sites) to your website.
  • To produce demographic feedback for our content providers ("Contributors") who contribute Content for free for your use.

Mondaq hopes that our registered users will support us in maintaining our free to view business model by consenting to our use of your personal data as described below.

Mondaq has a "free to view" business model. Our services are paid for by Contributors in exchange for Mondaq providing them with access to information about who accesses their content. Once personal data is transferred to our Contributors they become a data controller of this personal data. They use it to measure the response that their articles are receiving, as a form of market research. They may also use it to provide Mondaq users with information about their products and services.

Details of each Contributor to which your personal data will be transferred is clearly stated within the Content that you access. For full details of how this Contributor will use your personal data, you should review the Contributor’s own Privacy Notice.

Please indicate your preference below:

Yes, I am happy to support Mondaq in maintaining its free to view business model by agreeing to allow Mondaq to share my personal data with Contributors whose Content I access
No, I do not want Mondaq to share my personal data with Contributors

Also please let us know whether you are happy to receive communications promoting products and services offered by Mondaq:

Yes, I am happy to received promotional communications from Mondaq
No, please do not send me promotional communications from Mondaq
Terms & Conditions

Mondaq.com (the Website) is owned and managed by Mondaq Ltd (Mondaq). Mondaq grants you a non-exclusive, revocable licence to access the Website and associated services, such as the Mondaq News Alerts (Services), subject to and in consideration of your compliance with the following terms and conditions of use (Terms). Your use of the Website and/or Services constitutes your agreement to the Terms. Mondaq may terminate your use of the Website and Services if you are in breach of these Terms or if Mondaq decides to terminate the licence granted hereunder for any reason whatsoever.

Use of www.mondaq.com

To Use Mondaq.com you must be: eighteen (18) years old or over; legally capable of entering into binding contracts; and not in any way prohibited by the applicable law to enter into these Terms in the jurisdiction which you are currently located.

You may use the Website as an unregistered user, however, you are required to register as a user if you wish to read the full text of the Content or to receive the Services.

You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, link, display, or in any way exploit any of the Content, in whole or in part, except as expressly permitted in these Terms or with the prior written consent of Mondaq. You may not use electronic or other means to extract details or information from the Content. Nor shall you extract information about users or Contributors in order to offer them any services or products.

In your use of the Website and/or Services you shall: comply with all applicable laws, regulations, directives and legislations which apply to your Use of the Website and/or Services in whatever country you are physically located including without limitation any and all consumer law, export control laws and regulations; provide to us true, correct and accurate information and promptly inform us in the event that any information that you have provided to us changes or becomes inaccurate; notify Mondaq immediately of any circumstances where you have reason to believe that any Intellectual Property Rights or any other rights of any third party may have been infringed; co-operate with reasonable security or other checks or requests for information made by Mondaq from time to time; and at all times be fully liable for the breach of any of these Terms by a third party using your login details to access the Website and/or Services

however, you shall not: do anything likely to impair, interfere with or damage or cause harm or distress to any persons, or the network; do anything that will infringe any Intellectual Property Rights or other rights of Mondaq or any third party; or use the Website, Services and/or Content otherwise than in accordance with these Terms; use any trade marks or service marks of Mondaq or the Contributors, or do anything which may be seen to take unfair advantage of the reputation and goodwill of Mondaq or the Contributors, or the Website, Services and/or Content.

Mondaq reserves the right, in its sole discretion, to take any action that it deems necessary and appropriate in the event it considers that there is a breach or threatened breach of the Terms.

Mondaq’s Rights and Obligations

Unless otherwise expressly set out to the contrary, nothing in these Terms shall serve to transfer from Mondaq to you, any Intellectual Property Rights owned by and/or licensed to Mondaq and all rights, title and interest in and to such Intellectual Property Rights will remain exclusively with Mondaq and/or its licensors.

Mondaq shall use its reasonable endeavours to make the Website and Services available to you at all times, but we cannot guarantee an uninterrupted and fault free service.

Mondaq reserves the right to make changes to the services and/or the Website or part thereof, from time to time, and we may add, remove, modify and/or vary any elements of features and functionalities of the Website or the services.

Mondaq also reserves the right from time to time to monitor your Use of the Website and/or services.

Disclaimer

The Content is general information only. It is not intended to constitute legal advice or seek to be the complete and comprehensive statement of the law, nor is it intended to address your specific requirements or provide advice on which reliance should be placed. Mondaq and/or its Contributors and other suppliers make no representations about the suitability of the information contained in the Content for any purpose. All Content provided "as is" without warranty of any kind. Mondaq and/or its Contributors and other suppliers hereby exclude and disclaim all representations, warranties or guarantees with regard to the Content, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. To the maximum extent permitted by law, Mondaq expressly excludes all representations, warranties, obligations, and liabilities arising out of or in connection with all Content. In no event shall Mondaq and/or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use of the Content or performance of Mondaq’s Services.

General

Mondaq may alter or amend these Terms by amending them on the Website. By continuing to Use the Services and/or the Website after such amendment, you will be deemed to have accepted any amendment to these Terms.

These Terms shall be governed by and construed in accordance with the laws of England and Wales and you irrevocably submit to the exclusive jurisdiction of the courts of England and Wales to settle any dispute which may arise out of or in connection with these Terms. If you live outside the United Kingdom, English law shall apply only to the extent that English law shall not deprive you of any legal protection accorded in accordance with the law of the place where you are habitually resident ("Local Law"). In the event English law deprives you of any legal protection which is accorded to you under Local Law, then these terms shall be governed by Local Law and any dispute or claim arising out of or in connection with these Terms shall be subject to the non-exclusive jurisdiction of the courts where you are habitually resident.

You may print and keep a copy of these Terms, which form the entire agreement between you and Mondaq and supersede any other communications or advertising in respect of the Service and/or the Website.

No delay in exercising or non-exercise by you and/or Mondaq of any of its rights under or in connection with these Terms shall operate as a waiver or release of each of your or Mondaq’s right. Rather, any such waiver or release must be specifically granted in writing signed by the party granting it.

If any part of these Terms is held unenforceable, that part shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties, and the Terms shall continue in full force and effect.

Mondaq shall not incur any liability to you on account of any loss or damage resulting from any delay or failure to perform all or any part of these Terms if such delay or failure is caused, in whole or in part, by events, occurrences, or causes beyond the control of Mondaq. Such events, occurrences or causes will include, without limitation, acts of God, strikes, lockouts, server and network failure, riots, acts of war, earthquakes, fire and explosions.

By clicking Register you state you have read and agree to our Terms and Conditions