Q#3 How does the Care Act affect the role of CQC? – 5 Tips to help you be prepared for the new CQC inspection

Q#3 How does the Care Act affect the role of CQC?

The new overarching framework includes five key questions that are now asked of all services that are regulated. This has been in place since April 2014 and ratings of services have been in place since Oct 2014. The rating that is given to your service following inspection will in turn determine how frequently a provider is inspected.

 However from April 2015, the CQC’s current guidance about compliance: ‘Essential Standards of Quality and Safety’ and the 28 outcomes that it contains and CQC’s current ‘enforcement policy’ will be replaced with ‘New Fundamental Standard Regulations’.

The previous 16 regulations will be replaced by 11 regulations that set out the fundamental standards of quality and safety. These regulations are clearer statements of the standards of care below which care should never fall. They are joined by two new regulations, on ‘fit and proper person requirements’ for directors and on a statutory ‘duty of candour’.

Fit and proper person requirement for directors

Currently providers have a general obligation to ensure that they only employ individuals who are fit for their role. The new requirement has a wider impact and it makes clear that individuals who have authority in organisations that deliver care are responsible overall for the quality and safety of that care and as such can be held accountable if standards of care do not meet legal requirements. CQC can now also bar individuals who have previously been involved in serious misconduct even if that was in a junior role.

Duty of Candour

The overarching aim of this regulation is to ensure that providers are legally obliged to be open and honest with people who use services when things go wrong with their care.

New Enforcement Guidance

From April 2015, CQC will be able to prosecute without first issuing a warning notice and coordinate their powers with other oversight bodies where organisations are failing.

5 top tips to ensure that you are ready for this?

1. 11 Regulations – Ensure that you have a good understanding of the new 11 regulations

2. Keys Lines of Enquiry – Read the Keys Lines of Enquiry for your type of service operation and consider how you are evidencing compliance across each key line and in turn the five key questions

3. Audit your service on a 3 monthly basis to ensure that you continue to be able to demonstrate through evidence how your service is compliant

4. Be ahead of the curve – Be aware of what topics are trending within CQC so that you can be ahead of the curve in your inspection

5. Be prepared for a tougher and more thorough inspection approach, each inspection will now be carried out by an inspector, an expert by experience and a specialist advisor as a minimum.

Hope you find this useful. If you have any questions please can you join our LinkedIn Group ‘Care Providers Knowledge Hub’  and post your question. Knowledge is  powerful when it is shared and I would like to ensure everyone can see the questions and answers.


Until next time


Jo Guy

Jo Guy

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