There is often confusion over what the CQC and Ofsted register and inspect. This becomes particularly prevalent when it comes time to register a service for children.
Natalie Wargent, Legal Director, Gemma Nicholas, Senior Associate and Jen Durbin, Solictor, recently attended a webinar hosted jointly by CQC and Ofsted on understanding registration requirements. Some key takeaways from the session were:
- It is the provider's responsibility to ensure that they are registered correctly.
- Both the CQC and Ofsted welcome contact from providers who may have questions before they register and Ofsted intends to open a registration helpline on 19 December 2024.
- Dual registration is a misnomer. Ofsted and CQC do not register and inspect the same provision, but there are some instances when a provider may need to register both the setting with Ofsted and the regulated activity with the CQC.
- Ofsted regulates care and education for children and will inspect the setting.
- While CQC regulates health and social care services and will inspect the regulated activity being provided.
- One of the most common regulated activities provided in children's homes, and an indicator that joint registration may be required, is treatment for disease disorder and injury.
- Providers need to carefully consider what they understand constitutes "personal care" and whether activities fall within scope for CQC registration. In many children's homes it will not.
- The 'wholly or mainly' principle is key to determining whether Ofsted registration is required for a children's home. In practice the question to ask is whether the primary purpose for the setting is to provide care and accommodation for children under the age of 18.
- The employment status of person(s) delivering a regulated activity and the delegation arrangements are crucial in determining whether or not registration with the CQC is required.
- Ofsted regulates supported accommodation which is a home where looked after children and care leavers aged 16 or 17 live and receive support. If the young person requires care and accommodation then the right setting for them would most likely be a children's home or foster care.
If you have concerns regarding your registration status or want to discuss the scope of your registration and who you need to register with generally, please contact Natalie Wargent on 07468 698 655 or Gemma Nicholas on 07747 481 986, in our Regulatory Compliance team.