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Health and Social Care Act 2008 (Regulated Activities) Regulations 2014

The Health and Social Care Act 2008 (Regulated Activities) Regulations 2014 set out the fundamental standards of care that all providers of regulated activities, including domiciliary care, must meet. These regulations are enforced by the Care Quality Commission (CQC) in England.

Key Provisions Relevant to Domiciliary Care

  • Regulation 9: Person-centered care
  • Regulation 10: Dignity and respect
  • Regulation 11: Need for consent
  • Regulation 12: Safe care and treatment
  • Regulation 13: Safeguarding service users from abuse and improper treatment
  • Regulation 14: Meeting nutritional and hydration needs
  • Regulation 15: Premises and equipment
  • Regulation 16: Receiving and acting on complaints
  • Regulation 17: Good governance
  • Regulation 18: Staffing
  • Regulation 19: Fit and proper persons employed
  • Regulation 20: Duty of candour

Fundamental Standards of Care

The fundamental standards of care are the minimum standards that all providers must meet. They cover areas such as person-centered care, dignity and respect, consent, safety, safeguarding, and staffing. Failure to meet these standards can result in enforcement action by the CQC.

Duty of Candour and Fit and Proper Person Requirement

The duty of candour (Regulation 20) requires providers to be open and transparent with service users about their care and treatment, including when things go wrong. Providers must notify the relevant person of any unintended or unexpected incident that occurred during the provision of care or treatment that resulted in, or could have resulted in, harm to the service user.

The fit and proper person requirement (Regulation 19) requires providers to ensure that all directors, or equivalent persons, are fit and proper to carry out their roles. This includes checks on their character, competence, health, and qualifications.

Implications for Care Providers and Managers

Care providers and managers must ensure that their services meet the fundamental standards of care and comply with the other provisions of the Health and Social Care Act 2008 (Regulated Activities) Regulations 2014. This includes:

  • Implementing policies and procedures to meet the regulations
  • Training staff on the regulations and their responsibilities
  • Monitoring compliance and taking action to address any issues
  • Notifying the CQC of any incidents or changes in service provision
  • Displaying the provider's CQC rating and responding to any enforcement action

For more information on the Health and Social Care Act 2008 (Regulated Activities) Regulations 2014, visit the CQC website.

Regulations in Care