Question to the Department of Health and Social Care:

To ask the Secretary of State for Health and Social Care, whether his Department plans to review the effectiveness of the regulatory distinction between (a) supported living and (b) personal care settings for adult social care provision.

The Care Quality Commission (CQC) is the independent regulator for health and social care in England. The CQC has powers under the Health and Care Act 2008 to regulate adult social care services to make sure they provide safe, effective, compassionate, and high-quality care. Where concerns on quality or safety are identified, the CQC uses the regulatory and enforcement powers it has available and will take action to ensure the safety of the people drawing on care and support.

Providers are required to be registered with, and therefore be regulated by, the CQC, when they carry out personal care for people who are unable to provide it for themselves because of old age, illness or disability, as defined in Regulation 2 (Interpretation) of the Health and Social Care Act 2008 (Regulated Activities) Regulations 2014. There are certain exemptions to this regulation by the CQC, including supported living settings where the provider of supported living has no ‘ongoing role’ in the direction or control of any personal care provided. In some cases, it may be that the housing elements, and personal care elements are commissioned and provided separately. In such cases, the provider of the personal care is required to be registered and inspected by the CQC.

These regulations are not currently under review. Any amendments to the Health and Social Care Act 2008 (Regulated Activities) Regulations 2014 would be subject to the Parliamentary process which would include a public consultation, and an opportunity to consider the merits of further regulation of social care providers.