New and Updated Mandatory Vaccination Guidance

Mandatory vaccinations of workers in the wider health and social care settings

From 1 April 2022 providers registered with the CQC must ensure that anyone they employ or engage to carry out direct and face-to-face CQC-regulated activities must prove that they:

  • meet the vaccination requirements
  • are exempt from vaccination
  • fall within the other exceptions

New DHSC Operational Guidance – Vaccinations in Wider Social Care Settings

On 20 January 2022, the Department of Health and Social Care published operational guidance for mandatory vaccinations of workers in wider social care settings, including home care and supported living.

The guidance supports the implementation of the Health and Social Care Act 2008 (Regulated Activities) (Amendment) (Coronavirus) (No.2) Regulations 2022 and is aimed at service providers, CQC registered persons, local authorities, staff in wider social care settings as well as service users.

Recent NHSEI Guidance on Implementation of the Regulations in Healthcare Settings

NHS England and Improvement have published three guidance documents:

Phase 1: Planning and Preparation (6 December 2021)

Phase 2: VCOD Implementation (14 January 2022)

Phase 2: FAQS (14 January 2022)

Phase 1 guidance is aimed to support compliance with the regulations, maximize vaccination rates, minimize the impact of the regulations on NHS workforce capacity and support employers to ensure protection of vulnerable patients and staff in healthcare settings.

Phase 2 guidance focuses on the formal steps that should be considered when implementing the regulations and supports providers with the formal processes for staff who will be unvaccinated on 1 April 2022.

Mandatory vaccinations of workers in care homes

Since 11 November 2021, all care home workers, and anyone entering a care home, have needed to be fully vaccinated, unless they are exempt under the regulations or fall within the other exceptions.

The vaccination requirement on care homes originated from amendments made by the Health and Social Care Act 2008 (Regulated Activities) (Amendment) (Coronavirus) Regulations 2021, which came into force on 11 November 2021. Since then there have been further amendments to the requirement on care homes made by the Health and Social Care Act 2008 (Regulated Activities) (Amendment) (Coronavirus) (No.2) Regulations 2021, which came into force on 6 January 2022. These are the same regulations that apply to the wider social care settings, mentioned above but certain sections that apply to wider social care settings will not be in force until 1 April 2022.

Updated DHSC Operational Guidance – Vaccinations in Care Homes

On 4 August 2021, the Department of Health and Social Care published operational guidance for mandatory vaccinations of people working or deployed in care homes. This guidance supports the implementation of the:

  • Health and Social Care Act 2008 (Regulated Activities) (Amendment) (Coronavirus) Regulations 2021 which came into force on 11 November 2021; and
  • Health and Social Care Act 2008 (Regulated Activities) (Amendment) (Coronavirus) (No.2) Regulations 2021 which came into force on 6 January 2022.

The guidance was updated on 20 January 2022 to reflect the additional exceptions to vaccinations introduced on 6 January 2022.

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