CQC (Care Quality Commission) Regulation

Compliance When Opening a Care Provider Service

What is the CQC?

The CQC – Care Quality Commission is the independent regulator of health and social care in England.

The CQC have jurisdiction in the regulation of new care homes as well as hospitals, dental surgeries, GP practices or home care agencies.

What are The Roles of the CQC?

The role of CQC can be put into four main areas which are to:

  • Register care providers in England
  • Monitor, inspect and rate health social care services
  • Protect service users by working with providers who fall short of the CQC standard
  • Speak with an independent voice and air stance on major quality issues

Disclosure and Barring Service Checks

Applicants for a new care home will need to supply the CQC with a CQC-countersigned Disclosure and Barring Service (DBS) number as part of the process.

However, getting a DBS number can take up to eight weeks and so should be one of the first things you handle.

What are the Main Requirements of a CQC Application?

Before applying to the CQC you must ensure you are in compliance or have the ability to comply with a number of already established health acts.

You must meet the Health and Social Care Act 2008 (HSCA 2008)and associated regulations.

This involves adhering to regulations 4 to 20A:

  • Requirements where the service provider is an individual or partnership
  • Fit and proper persons: directors
  • Requirement where the service provider is a body other than a partnership
  • Requirements relating to registered managers
  • General Regulations
  • Person-centre care
  • Dignity and Respect
  • Need for Consent
  • Safe care and Treatment
  • Safeguarding service users from abuse and improper treatment
  • Meeting nutritional and hydration needs
  • Premises and Equipment
  • Receiving and Acting on Complaints
  • Good governance
  • Proper Staffing
  • Fit and Proper Persons Employed
  • Duty of Candour
  • Requirement as to display of performance assessments

In order to prove that you are sufficiently competent to manage you must possess the relevant qualifications, current and up-to-date training in safeguarding, complaints handling, medication, consent, mental capacity, health and safety and human resources.

This should be written evidence that shows your completed training, competence as well as skills and experience.

Remember Your Statement of Purpose

Your statement of purpose is a legally required document that needs to be submitted to the CQC and is compulsory if your care home wishes to introduce any of the activities the CQC regulates.

Therefore, in a statement of purpose, you must include information such as your aims and objectives, what services you currently provide, what needs your services fill, your contact details, any associated legal entities and the locations where the services are or will be provided.

Care Quality Commission (Registration) Regulations 2009

Furthermore, you must comply with regulations 13 through to 22A which are:

  • Financial Position – requires providers to ensure they take all steps to meet financial demands of providing safe and appropriate care home services.
  • Notice of Absence – the provider must inform the CQC about any planned or unplanned absences that are for a continuous period of 28 days or more.
  • Notice of Changes – the provider must inform the CQC when the manage changes, there is a change to the registered details of the service, when the registered person because financially insolvent or when the service closes.
  • Death of service user.
  • Notification of death or unauthorised absence of a service user who is detained or liable to be detained under the Mental Health Act 1983.
  • Notification of other incidents – must notify the CQC of all incidents that affect the health, safety and welfare of people who use the service.
  • Fees – provision of timely and accurate information about the cost of their case and treatment to people who use services.
  • Requirements relating to termination of pregnancies.
  • Form of notifications to the Commission.