The law and home care regulations are an important part of starting a homecare business in the UK.
I have found that running a home care business is demanding but a rewarding business and it presented particular challengers for beginners like me because of the legal environment in which a home care (or domiciliary care) has to operate.
UK Law and Home Care
The first point to note that home care is regulated across the UK. That means that nobody can just set-up a home care business and start charging for their services.
There are specific legal requirements which must be satisfied if you wish to set up a home care business and failure to comply is a criminal offence.
To me this is only right and fair as we are often dealing with some of the most vunerable adults and children in the country.
The more regulation the better as it keeps out the cowboys.
Law and Home Care
The law relating to home care changed from 1st October 2010. Previously home care businesses were prohibited by the Care Standards Act 2000 from operating unless they were registered with the CQC. This requirement applied to home care agencies providing personal care to people in their own homes in England.
From 1st October 2010 the provisions in the Care Standards Act 2000 were replaced by the Health and Social Care Act 2008, the CQC (Registration) Regulations 2009 and the Health and Social Care Act 2008 (Regulated Activities) Regulations 2010 (the Regulated Activities Regulations).
The change meant that services ceased to be registered by type of service, for example “home care business” and instead had to register according to “regulated activity” or “regulated activities” undertaken at a particular location, as specified in Schdule 1 to the Regulated Activities Regulations. Social care providers registered with the CQC under the previous legislation had to re-register on the new basis before 1st October 2010.
There are several types of Regulated Activity , the most relevant to home care agencies being “Personal Care”. It is possible agencies may supply services that require registration for other regulated activities and providers should familiarise themselves with Schedule 1 to the Regulated Activities Regulations and take advice from the CQC, and/or legal advice to ensure they are correctly registered.
Providers need to register for each of the Regulated Activities at each location.
Law and Home Care and CQC website
The CQC’s website www.cqc.org.uk provides a great deal of quidance and advice about law and home care.
For further details of registration please contact:
Care Quality Commission
Newcastle upon Tyne
tel 03000 616161