Question to the Department of Health and Social Care:

To ask the Secretary of State for Health, pursuant to the Answers of 20 October 2016 to Questions 48406, 48407, 48408 and 48409, how many requirement notices have been issued by the Care Quality Commission after identifying breaches of Regulation 5 of the Health and Social Care Act 2008 (Regulated Activities) Regulations 2014.

The Care Quality Commission (CQC) has advised that its responsibility in relation ‘Regulation 5, fit and proper persons, directors’ is not to assess the fitness of directors but to check whether providers have the right systems and processes in place to assure themselves of fitness. The CQC can take action against providers if they believe a provider is not robustly assured of whether an unfit person holds a directorship position.

As of 11 November 2016, across all sectors regulated by the CQC, there have been 91 Management Reviews of possible Regulation 5 breaches undertaken (a management review is the process by which the CQC assesses issues of potential concern). Of these reviews 25% resulted in enforcement activity with a total of 36 individual enforcement actions undertaken.

The table below shows types of enforcement activity undertaken by the CQC under Regulation 5 of the Health and Social Care Act 2008 (Regulated Activities) Regulations 2014.