Residential Care

registration England Ongoing

Registration with the care regulator (regulated activity)

Enforced by: CQC

Health and Social Care Act 2008; Health and Social Care Act 2008 (Regulated Activities) Regulations 2014; Care Quality Commission (Registration) Regulations 2009

Providing accommodation together with personal or nursing care is a 'regulated activity' (Schedule 1 to the Regulated Activities Regulations 2014); the provider and a registered manager must register with CQC before operating and meet the fundamental standards (Regs 9-20A, including safe care, safeguarding, dignity, duty of candour). CQC inspects and publishes ratings. Devolved equivalents: Scotland — registration with the Care Inspectorate under the Public Services Reform (Scotland) Act 2010 (asp/2010/8); Wales — Care Inspectorate Wales under the Regulation and Inspection of Social Care (Wales) Act 2016 (anaw/2016/2); Northern Ireland — RQIA under the Health and Personal Social Services (Quality, Improvement and Regulation) (NI) Order 2003 (nisi/2003/431). NOT applicable to children's homes (see 87.90).

registration Scotland Ongoing

Registration with the Care Inspectorate (Scotland) — regulated care service

Enforced by: CARE_INSPECTORATE_SCOTLAND

Public Services Reform (Scotland) Act 2010

Scotland equivalent of CQC registration. A care home service providing accommodation together with nursing or personal care must register with the Care Inspectorate before operating and meet the Health and Social Care Standards; the Care Inspectorate inspects and grades services.

registration Wales Ongoing

Registration with Care Inspectorate Wales — care home service

Enforced by: CIW

Regulation and Inspection of Social Care (Wales) Act 2016

Wales equivalent of CQC registration. A care home service must register with Care Inspectorate Wales before operating and meet the regulated-service standards; CIW inspects and publishes reports.

registration Ni Ongoing

Registration with RQIA — residential/nursing care home

Enforced by: RQIA

Health and Personal Social Services (Quality, Improvement and Regulation) (Northern Ireland) Order 2003

Northern Ireland equivalent of CQC registration. Residential and nursing care homes must register with the Regulation and Quality Improvement Authority (RQIA) before operating and meet the relevant care standards; RQIA inspects and reports.

certification England_Wales Ongoing

Enhanced DBS checks for staff (regulated activity with vulnerable groups)

Enforced by: DBS

Safeguarding Vulnerable Groups Act 2006

Care work with adults or children is 'regulated activity' under the Safeguarding Vulnerable Groups Act 2006, so staff require an enhanced DBS check including the relevant barred list(s). It is an offence to employ a barred person in regulated activity. Scotland operates the equivalent PVG (Protecting Vulnerable Groups) scheme via Disclosure Scotland; Northern Ireland uses AccessNI.

certification Scotland Ongoing

PVG scheme membership (Disclosure Scotland) for staff in regulated work

Enforced by: DISCLOSURE_SCOTLAND

Protection of Vulnerable Groups (Scotland) Act 2007

Scotland equivalent of the enhanced DBS check. Care staff undertaking regulated work with vulnerable adults or children must be members of the Protecting Vulnerable Groups (PVG) scheme, administered by Disclosure Scotland; it is an offence to employ a barred individual in regulated work. No regulator code exists for Disclosure Scotland in the estate.

certification Ni Ongoing

AccessNI enhanced checks for staff in regulated activity

Enforced by: ACCESSNI

Safeguarding Vulnerable Groups (Northern Ireland) Order 2007

Northern Ireland equivalent of the enhanced DBS check. Staff undertaking regulated activity with vulnerable adults or children require an AccessNI enhanced check including barred-list checks. No regulator code exists for AccessNI in the estate.

compliance England_Wales Ongoing

Mental Capacity Act compliance and Deprivation of Liberty Safeguards (DoLS)

Enforced by: CQC

Mental Capacity Act 2005; Mental Capacity (Amendment) Act 2019

Care providers must assess mental capacity, act in residents' best interests, and where a resident who lacks capacity is deprived of their liberty in a care home, obtain authorisation through the Deprivation of Liberty Safeguards (DoLS) via the supervisory body (the local authority). The Mental Capacity (Amendment) Act 2019 enacted the Liberty Protection Safeguards (LPS) to replace DoLS, but LPS is NOT yet in force — DoLS remains operative. Scotland: Adults with Incapacity (Scotland) Act 2000.

compliance Scotland Ongoing

Adults with Incapacity (Scotland) Act 2000 compliance

Enforced by: CARE_INSPECTORATE_SCOTLAND

Adults with Incapacity (Scotland) Act 2000

Scotland equivalent of the Mental Capacity Act / DoLS regime. Care providers must assess capacity and act under the welfare and financial safeguards of the Adults with Incapacity (Scotland) Act 2000; deprivation of liberty in Scotland is authorised separately under mental health and guardianship law rather than DoLS.

compliance Great_Britain Ongoing

Health and Safety at Work etc. Act 1974 — general duties

Enforced by: HSE

Health and Safety at Work etc. Act 1974

General duty to protect the health, safety and welfare of employees and others affected — including residents and visitors. In care settings this extends to moving-and-handling, legionella control in water systems, infection prevention and control, and scalding/hot-surface risks.

insurance Great_Britain Annual

Employers' Liability Insurance

Enforced by: HSE

Employers' Liability (Compulsory Insurance) Act 1969

Required for any business employing at least one person. Care providers also typically carry public liability and professional indemnity cover.

registration Uk Annual

UK GDPR + Data Protection Act 2018

Enforced by: ICO

Data Protection Act 2018; UK GDPR (retained EU law)

Care providers process extensive special category data (health, care plans, medication records). ICO registration unless exempt; appropriate-policy document and heightened safeguards required for health data.

compliance Great_Britain Ongoing

Equality Act 2010 — protected characteristics

Enforced by: EHRC

Equality Act 2010

No discrimination, harassment or victimisation in employment or in the provision of care services; duty to make reasonable adjustments for disabled residents and staff. Age and disability are central protected characteristics across this division.

compliance England_Wales Ongoing

Regulatory Reform (Fire Safety) Order 2005

Enforced by: LOCAL_FIRE_AUTHORITY

Regulatory Reform (Fire Safety) Order 2005

Fire safety is critical in care homes: residents are frequently unable to self-evacuate, so a 'responsible person' must complete a fire risk assessment addressing dependency, staffing and progressive horizontal evacuation. CQC and fire authorities co-enforce. Devolved variants: Fire (Scotland) Act 2005; Fire and Rescue Services (NI) Order 2006.

compliance Scotland Ongoing

Fire (Scotland) Act 2005 — fire safety duties

Enforced by: LOCAL_FIRE_AUTHORITY

Fire (Scotland) Act 2005

Scottish equivalent of the Regulatory Reform (Fire Safety) Order 2005. Residents are frequently unable to self-evacuate, so the duty holder must carry out a fire risk assessment addressing dependency, staffing and progressive horizontal evacuation; the Care Inspectorate and the Scottish Fire and Rescue Service co-enforce.

compliance Ni Ongoing

Fire and Rescue Services (Northern Ireland) Order 2006 — fire safety duties

Enforced by: LOCAL_FIRE_AUTHORITY

Fire and Rescue Services (Northern Ireland) Order 2006

Northern Ireland equivalent of the Regulatory Reform (Fire Safety) Order 2005. Residents are frequently unable to self-evacuate, so the appropriate person must carry out a fire risk assessment addressing dependency, staffing and progressive horizontal evacuation; RQIA and the Northern Ireland Fire and Rescue Service co-enforce.