1. The Care Quality Commission (CQC) is the regulatory body in England that oversees health and social care services.1‘Care Quality Commission’
2. It was established in 2009 by the Health and Social Care Act 2008.2Health and Social Care Act 2008, Part 1, s1
3. Providers of adult health and social care services must register with the CQC if they engage in regulated activities, or risk facing legal action and fines.
4. The Health and Social Care Act 2008 (Regulated Activities) Regulations 2014 (2014 Regulations) specify the activities that are regulated under Part 1 of the 2008 Act. They also set out the requirements that apply to the way in which those activities are carried on.
5. The 2014 Regulations are currently due to expire after 31 March 20253The Health and Social Care Act 2008 (Regulated Activities) Regulations 2014 No 2936 reg 1(6) (as amended by SI 2022 No 179
6. Regulated activities relevant to the provision of supported housing are:
- the provision of “personal care”:4The Health and Social Care Act 2008 (Regulated Activities) Regulations 2014 No 2936 Sch 1 para 1
- the provision of residential accommodation together with nursing or “personal care” eg adult care homes and nursing homes;5The Health and Social Care Act 2008 (Regulated Activities) Regulations 2014 No 2936 Sch 1 para 2
- the provision of residential accommodation for someone together with treatment for drug or alcohol misuse, where acceptance by that person of such treatment is a condition of the provision of the accommodation.6The Health and Social Care Act 2008 (Regulated Activities) Regulations 2014 No 2936 Sch 1 para 3
Implications for supported housing
7. Many supported living and extra care housing services require the provider to be registered for the regulated activity of providing ‘personal care’.
8. In some cases, supported living and extra care housing services may need to be registered for the regulated activity “Accommodation for persons requiring nursing or personal care.”
9. But providers of supported housing are not required to register with the CQC where the support offered does not fall within the definition of “personal care”. There is no definition of “support” in legislation. Some support activity takes the form of intensive or enhanced housing management whilst other forms of support are unrelated to “personal care” as defined in the legislation.
10. While support is not a regulated activity, if it has been commissioned by a local authority, there may be some oversight of the service by the authority under the commissioning contract.
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