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Are You Delivering ‘Personal Care’ and Should You Be CQC Registered?

Are You Delivering ‘Personal Care’ and Should You Be CQC Registered? 

Ensuring compliance with the CQC is paramount. To navigate the intricacies of CQC registration, it’s essential to have a clear understanding of the concept of ‘Personal Care’. If you are delivering ‘Personal Care’ and are not CQC registered, this can lead to investigation or legal action being taken against you, as you are failing to meet your regulatory requirements.  

Defining Personal Care: 

According to Regulation 2 (Interpretation) of the Health and Social Care Act 2008 (Regulated Activities) Regulations 2014, “Personal Care” is a term of great significance. It is defined as care provided to individuals who are incapable of administering it themselves due to reasons such as old age, illness, or disability.  

Examples of Personal Care Settings: 

The scope of personal care extends across various care settings. This encompasses services such as domiciliary care services, as well as housing with care or supported living services. In some cases, individuals receiving personal care may live in accommodations where it is mandatory to receive care as a condition of occupancy. To meet the criteria for registration under the regulated activity of Personal care, there must be a clear separation between the provision of personal care and the accommodation agreements. 

Treatment of Disease, Disorder, or Injury: 

It’s worth noting that if you are engaged in the regulated activity of “Treatment of disease, disorder or injury,” you do not need separate registration for Personal care if you deliver personal care as part of the treatment process. However, if you provide personal care to individuals who are not simultaneously receiving treatment for a disease, disorder, or injury, you will need separate registration for Personal care. 

In conclusion, understanding the nuances of “Personal Care” as defined by the CQC is pivotal for organizations in the care industry. Compliance with CQC regulations is essential, and this understanding will guide you in determining whether your organization needs to be registered for the regulated activity of Personal care. Stay informed and ensure your organization is in alignment with the CQC’s requirements to provide safe and high-quality care services. 

When this regulated activity does NOT apply 

This regulated activity comes into effect based on the specific services provided by your organisation. It is important to ascertain whether your service aligns with the activities defined as ‘personal care,’ as outlined in Regulation 2 and Schedule 1(1) of the Health and Social Care Act 2008 (Regulated Activities) Regulations 2014. The nature of care being offered is the determining factor for registration and the applicable regulated activity. 

For instance, if your services exclusively involve housing support or social support, such as assisting with shopping, without engaging in any tasks falling under the definition of personal care, you are not required to register for this regulated activity. Likewise, if your organisation solely provides support in administering, prompting, or supervising medication and does not intend to offer any activities categorised as personal care, registration for this specific activity is not necessary. 

If you are looking for more information on whether your service requires CQC registration or falls under a CQC Regulated Activity, please contact our HLTH Group team on 0161 241 3163 or book in a call here