Your Guide to the Health and Social Care Act of 2008 and 2014

When it comes to care home policy, the Health and Social Care Act 2008 (Regulated Activities) Regulations 2014 is one of the most important pieces of legislation you’ll have to adhere to.

The regulations ensure safeguarding in care homes by setting out requirements for those appointed to executive roles in care organisations and laying out the standards for person-centred care. As with other regulations, this legislation is regulated by the Care Quality Commission (CQC), and care facilities are inspected according to the CQC’s policies and procedures.

To ensure your organisation is adhering to the requirements in the Health and Social Care Act of 2008 and 2014, we’ve summarised the CQC policies and procedures. For more detailed advice on this and other care home policies, take a look at The Policy Library’s extensive library.

What are the Health and Social Care Act 2008 (Regulated Activities) Regulations 2014?

The Health and Social Care Act of 2008 sets out procedures that all care providers must follow, including registering with the CQC and following their recommendations.

This comprehensive legislation covers care home policy and other health and social care services. The CQC policies and procedures cover the formal requirements for persons appointed to executive director level posts in your organisation, plus details of the workplace environment and care standards.

It’s important that your organisation follows this legislation, as a breach of certain regulations could result in substantial fines and potential prosecution.

Summary of the Regulations

The Health and Social Care Act 2008 (Regulated Activities) Regulations 2014 is an extensive legislative document. However, the act is broken up into different regulations which assist with safeguarding in care homes.

Each of the regulations fits into the CQC’s broader care quality assessment, including their five Key Lines of Enquiry (KLOE).

The first section of the legislation deals with the requirements for registered providers and anybody appointed as executive directors in your organisation. Here, the CQC policies and procedures outline that these people must:

  • Be of good character
  • Be able to successfully perform the tasks in their role
  • Have the necessary skills and qualifications
  • Be able to prove their suitability to the CQC with relevant documents

Organisations should assess all individuals by these requirements as part of their care home policy.

Regulations 8-20 are part of the CQC’s fundamental standards for organisations. They are:

  • Person-centred care
  • Dignity and respect
  • Need for consent
  • Safe care and treatment
  • Safeguarding from abuse
  • Meeting nutritional and hydration needs
  • Premises and equipment
  • Receiving and acting on complaints
  • Governance
  • Staffing
  • Fit and proper persons employed
  • Duty of candour
  • Displaying CQC ratings

As you can see, the fundamental standards cover an array of care home policies, from the hiring of staff to workplace equipment and the quality of care.

How to Best Comply with the Regulations

To best comply with the CQC’s policies and procedures regarding the Health and Social Care Act of 2008 and 2014, you should be prepared to be thorough. You should ensure that your internal care home policy adheres to the legislation. Review this periodically to ensure that you are keeping to the high level of standards expected.

The CQC will assess compliance with the regulations at inspections of your organisation. Consequently, ensure that you are carrying out aspects of the legislation. These include thorough hiring processes of staff, assessing your clients’ personal needs and meeting them, ensuring your premises are fit for purpose and having a system in place for responding to complaints.

The Policy Library is a specialist in care home policy, and we can help you ensure that you are adhering to the Health and Social Care Act of 2008 and 2014. Get in touch with us to see how we can help your organisation.


Understanding The CQC’s Key Lines of Enquiry (KLOE): Are They Well-Led?

The Care Quality Commission (CQC) is the independent regulator responsible for overseeing health and social care in England, including safeguarding care homes.

The CQC’s policies and procedures are based around five key questions they call their Key Lines of Enquiry (KLOE). These are the questions that any social care facility must answer during an inspection.

To ensure you’re successfully following the CQC’s care home policy, we’ve broken down each of their Key Lines of Enquiry. In the last in our series, we’ll be exploring the KLOE that examines if your organisation is well-led.

How is Your Organisation Governed?

In evaluating if your organisation is well-led, the CQC looks at the organisation and governance of your care home. This encompasses the quality of upper-level leadership as well as the vision represented in your care home policy.

Your management team should be well-trained, and every staff member should be working to ensure care is of high quality and the organisation itself is open and inclusive.

When it comes to safeguarding in care homes, the CQC wants to see that your leaders are approachable and are qualified for their positions. However, this isn’t just about senior managers but a commitment to providing high-quality care throughout your employee hierarchy.

You should ensure that staff across your services feel comfortable, respected, and valued and that they, as much senior management, are aware of your vision for high-quality care.

Improving Your Services

The CQC’s policies and procedures specifically examine whether your care home is taking continual steps to improve the quality of care offered.

In particular, your care home policy should include details of processes for learning and continuous improvement. For example, you may be actively working towards specific professional accreditations, or you may offer staff time out to review their work.

Your organisation should be able to prove to the CQC that your care home strategy – including examples of staff training, projects, or organisation reviews – does lead to improved care.

Creating an Appropriate Work Culture

‘Work culture’ is an umbrella term that encompasses the culture among staff members and the experience of the people who use your services.

If your staff do not feel comfortable at work or are repeatedly experiencing the same problems, your care home policy and strategy need some work. If you ignore these problems, they will undoubtedly affect the quality of care given to clients.

Make sure that you’re offering ways for your staff to give feedback or suggestions, whether that’s anonymously or in a monthly staff meeting. Even better, you might open these meetings to your clients and their families.

Processes for Managing Issues

Having a system in place to deal with concerns is as important as creating a space for staff and clients to voice them.

The CQC’s policies and procedures state that for an organisation to be well-led, it must have clear arrangements for managing performance issues, winter pressures, and any other potential risks.

To do this, you might include details of business continuity plans, your KPIs, and winter pressure plans in your care home policy.

It’s not just about including these things in your policy, though. The CQC will be looking for clear evidence that you are identifying and addressing risks.

To help deal with risks, employees should be sharing what they learn to ensure that every level of your organisation addresses the problem.

To best adhere to the CQC’s policies and procedures, it’s essential to have a robust and transparent care home policy in place. For help with creating a strategy and policy, have a look at The Policy Library’s expansive library.