Care Act 2014
What this means for your business
- Applies to
- United Kingdom
- On this page
- 6 compliance obligations, 13 practical guides
What you must do
6 compliance obligations under this legislation — 3 can result in imprisonment.
Management duties 2
Co‑operate with local authority requests on care cases
If your organisation is named as a ‘relevant partner’ under the Care Act, you must respond to any request from a local authority (or another partner) for information or action about a person who needs care and support or a carer, unless doing so would clash with your own statutory duties. If you decide not to comply, you must give the authority written reasons for your decision.
Develop and obtain CQC approval for a financial sustainability plan
If the Care Quality Commission (CQC) assesses that your registered care business is at significant risk of becoming financially unsustainable, you must create a plan to fix or remove that risk. You must work with the CQC on the plan, get its written approval, and pay for any independent review the CQC requires. The duty kicks in only after the CQC’s risk assessment.
Offences and prohibitions 2
Obstruct local authority from protecting adult's property
Fine up to £2,500If you, or your business, prevent the council from entering a premises or handling an adult's movable belongings when the adult is in care away from home, you commit an offence. The obstruction must be without a reasonable excuse. On conviction you face a fine of up to £2,500, dealt with in the magistrates’ court.
Supply false or misleading required information
2 years imprisonmentIf your organisation provides health or adult social care and you publish, supply or otherwise make available information that the law requires you to provide, and that information is false or misleading in a material way, you commit a criminal offence. You can avoid liability only by proving you took all reasonable steps and exercised due diligence to prevent the false information. Conviction can lead to criminal sanctions as set out in the Act’s penalty provisions.
Reporting and filing 2
Provide information to CQC when requested about financial viability
If the Care Quality Commission believes your care business may be close to financial failure, it can ask you for specific information. You must give the requested details, which the CQC will share with the relevant local authority. Keep your financial and operational records ready so you can respond quickly.
Provide information to Safeguarding Adults Board on request
If a Safeguarding Adults Board asks you for information that it needs to carry out its duties, you must give it the information, provided the request meets the statutory conditions. The information you supply can only be used for the Board’s safeguarding work. This means you need to be ready to hand over relevant records when asked.
Penalties for non-compliance
4 penalties under this legislation. 3 can result in imprisonment. 3 carry an unlimited fine.
Breach of care standards (s.92) or fail to obey court order
Unlimited fine and/or 2 years imprisonment
Corporate liability for care offences
Unlimited fine and/or 2 years imprisonment
Supply false or misleading required information
Unlimited fine and/or 2 years imprisonment
Obstruct local authority from protecting adult's property
Fine up to £2,500
Practical guidance
Our guides explain how to comply with the requirements above.
Sector-Specific 13
Healthcare regulation across the UK nations
Comparison reference for healthcare regulation in England (CQC), Scotland (HIS and Care Inspectorate), Wales (HIW and CIW), and …
Safeguarding and mental capacity in healthcare
Legal duties for safeguarding vulnerable adults and making decisions for people who lack mental capacity.
Social care registration and regulators
Guide to registering as a social care provider across all four UK nations. Covers CQC registration in England, …
Social care workforce qualifications and staffing
Workforce requirements for social care providers across the UK. Covers the Care Certificate and qualifications in England, mandatory …
Social care business planning and insurance
Business planning essentials for social care providers. Covers insurance requirements, Care Act 2014 obligations in England, financial viability …
Register with the Care Inspectorate Scotland
Step-by-step guide to registering a care service with the Care Inspectorate Scotland under the Public Services Reform (Scotland) …
Understanding the Care Inspectorate Scotland
Comprehensive explainer of how the Care Inspectorate Scotland operates, its regulatory model under the Public Services Reform (Scotland) …
Meet Scotland's Health and Social Care Standards
How to meet Scotland's Health and Social Care Standards (My support, my life) 2018, covering the five headline …
Care Inspectorate Scotland inspection preparation checklist
Checklist for Care Inspectorate inspection readiness covering documentation, staff training records, care plans, Health and Social Care Standards …
SSSC workforce registration for care providers in Scotland
How to ensure your care staff register with the Scottish Social Services Council (SSSC), including registration categories, qualification …
Register a care service with Care Inspectorate Wales (CIW)
Step-by-step guide to registering a regulated care service with Care Inspectorate Wales (CIW) under the Regulation and Inspection …
Understanding care regulation in Wales: CIW and RISCA 2016
How Care Inspectorate Wales (CIW) regulates care services under RISCA 2016, the Responsible Individual model, Welsh Language Standards …
Register your care staff with Social Care Wales
How to ensure your care staff register with Social Care Wales, including mandatory registration categories, qualification requirements, the …
Sections and provisions
139 classified provisions from this legislation.
Duties 29
- s.1 Promoting individual well-being
- s.4 Providing information and advice
- s.5 Promoting diversity and quality in provision of services
- s.7 Co-operating in specific cases the partner or authority
- s.13 The eligibility criteria
- s.24 The steps for the local authority to take
- s.25 Care and support plan, support plan
- s.26 Personal budget
- s.27 Review of care and support plan or of support plan
- s.30 Cases where adult expresses preference for particular accommodation
- s.33 Direct payments: further provision
- s.37 Notification, assessment, etc. other person
- s.38 Case where assessments not complete on day of move
- s.42 Enquiry by local authority
- s.43 Safeguarding Adults Boards local authority
- s.44 Safeguarding adults reviews member of the SAB
- s.45 Supply of information
- s.51 Temporary duty on Health and Social Care trust in Northern Ireland
- s.52 Sections 48 to 51: supplementary
- s.55 Assessment of financial sustainability of care provider
- ... and 9 more duties
Offences and penalties 4
Powers 27
- s.12 Assessments under sections 9 and 10: further provision
- s.14 Power of local authority to charge
- s.19 Power to meet needs for care and support
- s.20 Duty and power to meet a carer's needs for support
- s.34 Deferred payment agreements and loans
- s.35 Deferred payment agreements and loans: further provision
- s.36 Alternative financial arrangements
- s.46 Abolition of local authority's power to remove persons in need of care
- s.62 Power to meet child's carer's needs for support
- s.65 Assessments under sections 58 to 64: further provision
- s.70 Transfer of assets to avoid charges
- s.71 Five-yearly review by Secretary of State
- s.72A Default power of Secretary of State
- s.72 Part 1 appeals
- s.73 Human Rights Act 1998: provision of regulated care or support etc a public function
- s.79 Delegation of local authority functions
- s.97 Planning education and training for health care workers etc.
- s.102 Advice
- s.108 Tariffs
- s.109 The Health Research Authority
- ... and 7 more powers
Definitions 18
- s.3 Promoting integration of care and support with health services etc. Care and support provision Health provision Health-related provision
- s.8 How to meet needs
- s.9 Assessment of an adult's needs for care and support
- s.10 Assessment of a carer's needs for support Carer
- s.17 Assessment of financial resources
- s.28 Independent personal budget
- s.31 Adults with capacity to request direct payments
- s.32 Adults without capacity to request direct payments
- s.50 Temporary duty on local authority in Wales regulated service
- s.58 Assessment of a child's needs for care and support
- s.60 Assessment of a child's carer's needs for support
- s.63 Assessment of a young carer's needs for support Young carer
- s.74 Discharge of hospital patients with care and support needs adult carer relevant trust
- s.77 Registers of sight-impaired adults, disabled adults, etc. Disability
- s.80 Part 1: interpretation
- s.99 Quality improvement in education and training, etc. NHS Constitution
- s.119 Chapters 1 and 2: interpretation and supplementary provision
- s.126 General interpretation devolved authority devolved legislature financial year
Exemptions 20
- s.2 Preventing needs for care and support
- s.6 Co-operating generally
- s.11 Refusal of assessment
- s.18 Duty to meet needs for care and support
- s.21 Exception for persons subject to immigration control
- s.22 Exception for provision of health services
- s.23 Exception for provision of housing etc.
- s.29 Care account
- s.41 Financial adjustments between local authorities
- s.48 Temporary duty on local authority
- s.53 Specifying criteria for application of market oversight regime
- s.54 Determining whether criteria apply to care provider
- s.66 Continuity of services under other legislation
- s.67 Involvement in assessments, plans etc.
- s.68 Safeguarding enquiries and reviews
- s.72B Default power of Secretary of State: supplementary
- s.76 Prisoners and persons in approved premises etc.
- s.111 Co-ordinating and promoting regulatory practice etc.
- s.125 Regulations and orders
- Schedule 7 The Health Research Authority