When is a care provider required to obtain dual Ofsted / CQC registration?
We often receive queries from social care providers who are potentially seeking to offer accommodation to children or young people, requesting guidance and clarification on the requirements to be registered with Ofsted alongside CQC registration. The following is intended as a brief guide to help providers identify key points.
Children’s homes
A children’s home requires registration with Ofsted. If the home provides healthcare that falls within the scope of CQC regulated activities, the provider will require registration with both Ofsted and CQC for those specific regulated health activities. This can include the provision of nursing or personal care, treatment for substance misuse, or where nursing care is provided.
The home provider will not require dual registration if healthcare activities are delivered by an external provider and activities are provided as delegated regulated healthcare activities.
A child may be placed in a CQC registered care home which provides the regulated activity of nursing or personal care for adults over 18 where they have specific nursing or clinical needs. Ofsted registration may not be required where the service ‘wholly or mainly’ provides accommodation for adults. However, this will be case specific and further advice should be sought in these circumstances. This will likely require notification to the CQC of the change of intended service user group and amendment of statement of purpose. Children’s social care departments will also usually require providers to notify both CQC and Ofsted.
If the service subsequently becomes wholly or mainly for children receiving a regulated activity, then Ofsted registration must also be obtained.
A local authority cannot place an under 16 year old in a setting that is not registered and regulated by Ofsted. Providers who are requested by a local authority to accept a child in an ‘emergency’ can pursue expedited applications to Ofsted, however the same requirements for registration must be met.
Supported accommodation
The provider of supported accommodation, i.e., a setting including single occupancy or shared accommodation, in which looked after children and care leavers aged 16 or 17 can live and receive support from staff, who may or may not stay at the setting, will require registration with Ofsted to provide accommodation.
If a domiciliary care provider is providing health care support into the accommodation, the domiciliary provider will require CQC registration for the activities provided.
If a request is made of a provider for urgent support of young person to provide accommodation the provider must be aware that supported accommodation requires Ofsted registration, regardless of whether additional CQC registration is required for any additional health regulated activities that are required. Local authorities can only place 16-17 year olds in supported accommodation registered with Ofsted.
Domiciliary care providers
Where domiciliary care is provided to children in a children’s home /supported accommodation, that provider will require registration with the CQC.
Domiciliary care agencies who provide personal care to children in their own family homes must also be registered with the CQC.
Key points
- Social care providers should be aware of the separate requirements for registration with Ofsted / CQC. Providers must ensure that particular activities, where falling under the scope of a ‘registered activity’ are appropriately identified.
- It is necessary to be aware of separate remits and distinct activities which trigger CQC/Ofsted registration.
- It is a provider’s responsibility to ensure they are registered with the appropriate regulator and remain compliant with legal obligations including those contained within the Health and Social Care Act 2008, Health and Social Care Act (Regulated Activities) Regulations 2014 and Care Standards Act 2000 and associated guidance.
- Where a provider is dual registered, this will result in oversight from both regulators, the level, requirements, oversight regime differs between CQC and Ofsted. Providers should be aware of these differences.
- It is possible to challenge both CQC and Ofsted inspections via different processes. Hempsons can assist with this.
Contact us
Hempsons can assist with detailed advice in respect of both single and dual registration and both inspection and reporting regimes. Please do not hesitate to get in touch with our healthcare advisory team for assistance.