CQC Registration – Concerns for Deputies

Deputies often employ case managers to ensure that the needs of a protected person, “P”, are being met. When selecting a case manager for P, the Deputy should consider whether that case manager is required to be registered with the Care Quality Commission (CQC).

The British Association of Brain Injury Case Managers (BABICM) advised in its Best Practice Guidance: CQC Registration that a case manager providing a service involving a “regulated activity”, is likely to have to be registered with the CQC.  A “regulated activity” is likely to involve the provision or supervision of personal care, or the treatment of disease, disorder or injury. The CQC have provided guidance to assist in determining what level of case management involvement will fall within those categories, and therefore require CQC registration.

The law requiring care agencies to register with the CQC is there to protect people who need care in their own homes. That ensures that all registered providers are subject to a system of monitoring and ongoing inspection to ensure that standards are being maintained. It is an offence under the Health and Social Care Act 2008 to carry out a regulated activity without being registered with the CQC.

If there are plans provide P with any of the following types of service, then it is highly likely you will need to register with the CQC for this regulated activity:

• Domiciliary care agency (home care);
• extra care housing;
• Shared Lives scheme; and/or
• supported living.

An example where the issue of registration is likely to arise, within the Case Management context, is where the regulated activity of personal care is provided. This regulated activity involves supporting people in their homes (or where they are living at the time) with personal matters such as washing, bathing, getting dressed or going to the toilet.

The CQC sets out guidance in Registration under the Health and Social Care Act: Personal Care: Ongoing Direction and Control of the Service. This guidance identifies the following aspects of personal care where a Deputy is likely to be concerned to ensure that the Case Manager that has been appointed, has complied with the need for CQC registration:

• Monitoring the service provided to P and, as a result of this monitoring, taking responsibility for the replacing the care worker for any reason;
• Seeking the views of the person receiving the service or acts as their advocate and, as a result, advises or directs changes to the activity of the care worker;
• Arranging a rota of care workers so that visits and care are provided when required by P.
• Charging P for the service being provided by the care worker, excluding where arrangements have been made to enable a one-off introduction fee to be paid by instalments;
• Organising cover for any sickness or leave that may arise – other than when P makes an independent request to the provider to organise cover; and/or
• Reviewing the care plan, including making changes as necessary, in consultation with P.

Should P require ongoing personal care from employed care workers, it is the Deputy’s responsibility to ensure that a case manager be properly registered with the CQC if they wish to delegate the ongoing monitoring of care workers.  This is particularly relevant where the Deputy might employ an independent case manager, rather than working with a larger organisation who is perhaps more likely to be CQC registered.

*Disclaimer: The information on the Anthony Gold website is for general information only and reflects the position at the date of publication. It does not constitute legal advice and should not be treated as such. It is provided without any representations or warranties, express or implied.*