The Care Quality Commission (“CQC”) announced on 31 August 2022 that they will be amending guidance relating to people with a learning disability or autism, which care providers are subject to. Since 2020 the CQC have implemented guidance called ‘Right Support, right care, right culture’ (“RSRCRC”). This is statutory guidance under section 23 of the Health and Social Care Act 2008. In essence, RSRCRC outlines principles of good care and support for providers who deliver services to people with a learning disability and for autistic people.
What the CQC are changing
Prior to the change, under the guidance, when providers apply to register, they have to inform the CQC if they plan to provide specialist services for people with a learning disability or autism. The CQC would then assess the provider’s application against the RSRCRC guidance. However, if a provider does not plan to provide specialist services for people with a learning disability or autism, they are not assessed against RSRCRC guidance.
Who this change effects
The new change taking effect from 1 September 2022 means that if a provider does not intend on providing specialist services relating to people with learning disability or autism, then the CQC will ask them to agree to them imposing a new routine condition on their registration. This condition will state that the provider must not provide a specialist service at the specified location to people with a learning disability or autism. Therefore, if a provider wishes to provide these specialist services, they will have to apply to have this condition removed from their registration. At this point, the provider will then be assessed against the RSRCRC guidance which is still applicable before the CQC decide whether to grant the application.
The new condition will be imposed on providers that do not intend to provide a service for people with a learning disability or autism but do plan to provide any of the following regulated activities:
- Personal care
- Accommodation for persons who require nursing or personal care
- Assessment or medical treatment for persons detained under the Mental Health Act 1983.