Ask the Care Specialists

Welcome to our 'Ask the Care Specialists', your one-stop portal for social care-related questions. Our team of specialists will try to answer as many of your Social Care questions as possible.

Does a care agency need to register with the CQC if it is only supplying staff to CQC registered organisations?

We are trying to use our rented apartment for supported living unregulated. We have turned the living room to an office fully furnished with office equipment with CCTV camera installed. The company will roll on as soon as we finished paying for the insurance. The rooms are ready for YP. Do you think the company can still function without CQC involvement?

From the information provided my first thought is if you have turned the front room in to a fully functioning office then where do the tenants go instead.

It can be hard to advise on details that do not fully describe your business model and service user group and support needs, but I will try and offer some general pointers for you.

The CQC provide really good guidance about Registration, and you can check this out here

In a nutshell if you are not carrying out regulated activities then you do not need to register. The other point I gather is you do not own the property so any residents would have their own tenancy agreement separate from any care and support package which shows a separation between Landlord and Care Provider.

The question of CCTV is a complex one as this is now under the eye of the Information Commissioner's Office and the UK General Data Protection Regulations and you should view the guidance they have produced specifically on this as well as completing the self-assessment to see if your business needs to register as a result of the data you will be collecting

You will also need to consider capacity to consent to CCTV if this is going to be in a communal lounge but more importantly someone’s home. Is this a condition of Tenancy / Support and what if people object to CCTV?

Is the Property owner happy for you to use this rented property as a business for supported living and is their insurance suitable? Other things you will need to factor in are safety and equipment checks that you will be responsible for.

As it is unlikely you will need to be registered if you are not carrying out regulated activities, can I suggest you contact your commissioning teams to ensure that your set up meets with local demand and commissioning teams requirements or you run the risk of setting up a service that is not needed and therefore could fail.

By speaking to your commissioning team it may be that they will want it to be registered even as an HMO depending on how many lettable rooms you have. They may have requirements on shared facilities. By engaging with those who deal with commissioning services and contracts they may even come up with suggestions for a specific area they are needing services for in your area.

So you will see there are more things to consider with your question than just registration with CQC and I hope we have given you some practical pointers to enable you to move forward and succeed in your venture.

Barry Price

Specialist in Adults with Learning Disabilities and Complex Needs

What would you like to ask our Specialists?

Have you got a social care question that you just can't find the answer to? Our team of sector specialists is here to provide you with easy-to-understand top tips on a wide range of topics, from dementia, mental health to employment law or every day operational queries to help you deliver outstanding care.

We try to answer as many of your questions as possible. We give priority to frequently asked questions and questions regarding current events and trends. To learn more about the team visit:

Please note that our specialists cannot offer answers to matters requiring legal advice. Please do have a look at our website at other answers provided by our experts and in our Expert Insights section There is a wealth of information here freely accessible that could help you.

Important note: We are not in any way affiliated or connected to the Care Quality Commission, Care Inspectorate Scotland, or Care Inspectorate Wales. If your query relates to someone who is at risk of harm or in danger, you must follow your local safeguarding procedures. It is important that you speak to your regulator who will provide you with the best guidance and support.

    Join over 130,000 users already using the QCS Management System!
    Start Free Trial Buy Now
    Back to Top