The Care Quality Commission (CQC) is the regulatory body with responsibility for ensuring that health services meet essential standards of quality and safety.
Any individual, partnership or organisation that provides one of 14 health and adult social care services, known as ‘regulated activities’, in England must register with the CQC.
It is the provider’s responsibility to ensure they register for each regulated activity that is carried on. It is common to register for more than one and an organisation may be registered and may be providing activities; however if it is providing any regulated activities for which it is not registered, it is an offence.
Operating without being registered or registered for all the regulated activities provided may result in criminal prosecution and a fine of up to £50,000.
To be registered, an application must be made to the CQC providing details about the applicant, the regulated activities applied for, and the places at which, or from which, it will be provided (‘locations’).
Making false descriptions of concerns relating to regulated activities, or the premises used for providing regulated activities are offences, and carry the potential of criminal prosecution and fines of up to £7,000. ;Knowingly making false statements in applications is also an offence which may result in criminal prosecution and fines of up to £2,500.
The applicant is assessed and, to grant registration, the CQC must be satisfied about their fitness and compliance with the requirements of the relevant regulations and enactments otherwise they will refuse the application.
The meaning of the term ‘fitness’, the regulated activities and the wider registration requirements are set out in the Health and Social Care Act 2008 (the ‘Act’) and its associated regulations.
Registration is conditional (for example, the locations at which regulated activity may be provided). If, subsequently, the provider wishes to vary or remove any of these conditions, to apply for another regulated activity or to cancel their registration, they must make a further application to the CQC.
Some providers must have a registered manager as a condition of their registration. Appointed managers must also apply and satisfy the CQC about their fitness and meet with the other requirements of the relevant regulations and enactments.
Failing to comply with conditions without reasonable excuse may lead to criminal prosecution. The CQC has the power to suspend or cancel registration; once notified of such action, it is an offence to provide regulated services. Registered managers or registered service providers successfully prosecuted for any of these breaches may be fined up to £50,000.
CQC inspectors may visit to ensure continuing compliance. Anyone preventing their entry may be prosecuted; failing to provide documents or information, or an explanation of any related matter may result in a criminal prosecution and fines of up to £2,500.
The care and welfare of service users is a central consideration of the CQC and providers must comply with regulations that safeguards service users. In cases where warning notices for failing to meet quality and safety standards have been given and the registered person fails to comply with the terms, a criminal conviction may result in a fine of up to £50,000.
Successful prosecution and conviction of a registered manager or provider, or admitting an offence, may result in cancellation of CQC registration. Continuing to provide services once registration is cancelled may result in further prosecution and a fine of up to £50,000.
How Have Crimson Crab Helped?
“Crimson Crab was recommended to me by a business colleague when we were recently faced with the task of completing registration for the Care Quality Commission.
Being a new business, only 6 weeks into our trading, we needed a strong structure on which to base our quality systems and processes. Not only did Rob give us the structure, methodology and detail we needed to get through registration, he has enabled us to begin trading with a comprehensive quality management system which we will continue to build on.
He is patient, supportive and thorough and I would have no hesitation in seeking support from Rob again.”
Kim Way Managing Director Changes Clinic