CQC Legislation Background

Health and Social Care Act 2008 - Chapter 14 Home (20141112)

1. Defines regulated activities
2. Establishes the Care Quality Commission
3. Lays out the rules for registration
4. Lays out the penalties for non-compliance

5. A Registered Manager can also be fined

Health and Social Care Act 2008 (Regulated Activities) Regulations 2010 (Click here for the Legislation)

1. Lays out the rules to be followed by registered persons - this is the actual law
2. Defines the dates for registration to commence (1st April 2010)
3. Defines fixed penalties and how they should be imposed
4. Penalties stated as being from £300 to £50,000 depending on seriousness of offence
5. Offences by a Registered Manager carry specific fines

Care Quality Commission (Registration) Regulations 2009 (Click here for the Legislation)

1. Lays out the rules for the registration process (how you should register)
2. Lays out their powers to force you to supply information in support of the registration
3. More rules on what to do if there are changes in the details of the applicant

Care Quality Commission - Guidance about compliance

Essential standards of quality and safety (Click here for this publication)

1. Guidelines set out by the CQC based on the above Acts
2. Repeats the regulations above in a different sequence as "Outcomes" e.g. Outcome 1 relates to Regulation 17; Outcome 7 relates to Regulation 11 ... etc.
3. Introduces a concept of "Prompts" or guidance on how to achieve the regulation
4. The Prompts are not actual regulation but are used by the CQC as an indicator of whether they think you have taken reasonable steps