Essential standards of quality and safety
The essential standards of quality and safety consist of 28 regulations (and associated outcomes) that are set out in two pieces of legislation: the Health and Social Care Act 2008 (Regulated Activities) Regulations 2010 and the Care Quality Commission (Registration) Regulations 2009.
For each regulation, there is an associated outcome – the experiences we expect people to have as a result of the care they receive.
When we check providers’ compliance with the essential standards, we focus on the 16 regulations (out of the 28) that come within Part 4 of the Health and Social Care Act 2008 (Regulated Activities) Regulations 2010 – these are the ones that most directly relate to the quality and safety of care. Providers must have evidence that they meet the outcomes.
These 16 regulations are set out below. (Note that the outcome numbers are different to the regulation numbers because we have grouped the outcomes into six overall themes. See our Essential standards of quality and safety publication for full details.)
Regulation* Outcome Title and summary of outcome
9 4 Care and welfare of people who use services
People experience effective, safe and appropriate care, treatment and support that meets their needs and protects their rights.
10 16 Assessing and monitoring the quality of service provision
People benefit from safe, quality care because effective decisions are made and because of the management of risks to people’s health, welfare and safety.
11 7 Safeguarding people who use services from abuse
People are safeguarded from abuse, or the risk of abuse, and their human rights are respected and upheld.
12 8 Cleanliness and infection control
People experience care in a clean environment, and are protected from acquiring infections.
13 9 Management of medicines
People have their medicines when they need them, and in a safe way. People are given information about their medicines.
14 5 Meeting nutritional needs
People are encouraged and supported to have sufficient food and drink that is nutritional and balanced, and a choice of food and drink to meet their different needs.
15 10 Safety and suitability of premises
People receive care in, work in or visit safe surroundings that promote their wellbeing.
16 11 Safety, availability and suitability of equipment
Where equipment is used, it is safe, available, comfortable and suitable for people’s needs.
17 1 Respecting and involving people who use services
People understand the care and treatment choices available to them. They can express their views and are involved in making decisions about their care. They have their privacy, dignity and independence respected, and have their views and experiences taken into account in the way in which the service is delivered.
18 2 Consent to care and treatment
People give consent to their care and treatment, and understand and know how to change decisions about things that have been agreed previously.
19 17 Complaints
People and those acting on their behalf have their comments and complaints listened to and acted on effectively, and know that they will not be discriminated against for making a complaint.
20 21 Records
People’s personal records are accurate, fit for purpose, held securely and remain confidential. The same applies to other records that are needed to protect their safety and wellbeing.
21 12 Requirements relating to workers
People are kept safe, and their health and welfare needs are met, by staff who are fit for the job and have the right qualifications, skills and experience.
22 13 Staffing
People are kept safe, and their health and welfare needs are met, because there are sufficient numbers of the right staff.
23 14 Supporting workers
People are kept safe, and their health and welfare needs are met, because staff are competent to carry out their work and are properly trained, supervised and appraised.
24 6 Cooperating with other providers
People receive safe and coordinated care when they move between providers or receive care from more than one provider.
* Regulation of the Health and Social Care Act 2008 (Regulated Activities) Regulations 2010
The other 12 regulations relate more to the routine day-to-day management of a service. The information we receive in respect of these helps us to check that the service is being run appropriately and responsibly, and to monitor generally the provider’s compliance with the essential standards of quality and safety. However, we will make checks where concerns are raised with the 12 regulations.
Regulation Outcome Title and summary of outcome
4* 22 Requirements where the service provider is an individual or partnership
People have their needs met because services are provided by people who are of good character, fit for their role, and have the necessary qualifications, skills and experience.
5* 23 Requirement where the service provider is a body other than a partnership
People have their needs met because services are managed by people who are of good character, fit for their role, and have the necessary qualifications, skills and experience.
6* 24 Requirements relating to registered managers
People have their needs met because services have registered managers who are of good character, fit for their role, and have the necessary qualifications, skills and experience.
7* 25 Registered person: training
People have their needs met because services are led by a competent person who undertakes the appropriate training.
12** 15 Statement of purpose
People know that the Care Quality Commission is kept informed of the services being provided.
13** 26 Financial position
People can be confident that the provider has the financial resources needed to provide safe and appropriate services.
14** 27 Notifications – notice of absence
People can be confident that, if the person in charge of the service is away, it will continue to be properly managed.
15** 28 Notifications – notice of changes
People can be confident that, if there are changes to the service, its quality and safety will not be affected.
16** 18 Notification of death of a person who uses services
People can be confident that deaths of people who use services are reported to CQC so that, if necessary, action can be taken.
17** 19 Notification of death or unauthorised absence of a person who is detained or liable to be detained under the Mental Health Act 1983
People who are detained under the Mental Health Act can be confident that important events that affect their health, welfare and safety are reported to CQC so that, if necessary, action can be taken.
18** 20 Notification of other incidents
People who use services can be confident that important events that affect their health, welfare and safety are reported to CQC so that, if necessary, action can be taken.
19** 3 Fees
People who pay for services know how much they are expected to pay, when and how, and what service they will get for the amount paid.
* Regulation of the Health and Social Care Act 2008 (Regulated Activities) Regulations 2010
** Regulation of the Care Quality Commission (Registration) Regulations 2009
