Ask Sheila England

Sheila will try to answer as many of your English Social Care questions as possible, giving priority to frequently asked questions and questions regarding current events and trends.

How do I register with CQC?

Hi Sheila, I am the Director of a limited company which is about to apply to register with CQC. The CQC application process requires that a Nominated Individual and a Registered Manager TO be determined. The CQC website provides some information about both roles but I remain confused about the remits of both roles.

As I understand it, the Nominated Individual is appointed by the limited company and they are the person representing the company when dealing with the CQC. My understanding of the Registered Manager role and how this role relates to that of the Nominated Individual is less clear.

 

Dear W,

 

Thank you for your question. I am assuming that you are applying for registration as an Adult Social Care Service. If the registration is for a different service you should write to me again.

 

The Registered Manager of your new service will provide the leadership and management needed to ensure that your service is compliant with all aspects of legislation relevant to adult social care as well as a service that ensures the safety and wellbeing of service users within a caring environment.

 

The Care Quality Commission (CQC) sets out on its website:

 

Requirements relating to Registered Managers; Guidance about the Health and Social Care Act 2008 (Regulated Activities) Regulations 2014 (Regulation 7)

 

They say that "The intention of this regulation is to ensure that people who use services have their needs met because the regulated activity is managed by an appropriate person.

 

This is because providers who comply with the regulations will have a registered manager who:

 

Is of good character.

Is able to properly perform tasks that are intrinsic to their role.

Has the necessary qualifications, competence, skills and experience to manage the regulated activity.

Has supplied them with documents that confirm their suitability.

 

https://www.cqc.org.uk/guidance-providers/regulations-enforcement/regulation-7-requirements-relating-registered-managers#guidance

 

This makes it quite clear that the Registered Manager is in overall control of the day to day running of a care service and that the Registered Manager must ensure that the service is legally compliant at all times.

 

Regulation 6: Requirement where the service provider is a body other than a partnership

Categories: Health and Social Care Act 2008 (Regulated Activities) Regulations 2014: Regulation 6

 

The intention of this regulation is to ensure that the provider is represented by an appropriate person nominated by the organisation to carry out this role on their behalf (nominated individual). The nominated individual is responsible for supervising the management of the regulated activity provided.

 

This is because providers who comply with this regulation will have appointed as a nominated individual a director, manager or secretary who:

 

Is of good character.

Is able to properly perform tasks that are intrinsic to their role.

Has the necessary qualifications, competence, skills and experience to supervise the management of the regulated activity.

Has supplied them with documents that confirm their suitability.

 

https://www.cqc.org.uk/guidance-providers/regulations-enforcement/regulation-6-requirement-where-service-provider-body

 

This is a very different role to that of the Registered Manager.

 

My opinion is that the Nominated Individual should offer support to the Registered Manager. The Nominated Individual should visit the service regularly and keep a formal record of the visits.

 

In addition to the supportive role there is in my opinion a requirement for scrutiny to make sure the legal requirements are being complied with.

 

Normally it is the Registered Manager who would have contact with the Care Quality Commission.

 

I hope this is helpful.

 

Sheila


What would you like to ask Sheila?

Sheila Scott OBE from National Care Association (NCA). Care is Sheila’s life; she possesses a strong command of the issues facing the care sector informed by her long career as a nursing professional, the owner and manager of a care business and as a leader in the care sector.

Sheila will try to answer as many of your questions as possible, giving priority to frequently asked questions and questions regarding current events and trends.

Please note that Sheila can not offer answers to matters requiring legal advice. If your matter concerns a specific service provider, please contact the CQC.







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