DH consults on regulations for fundamental standards of care

The Government has launched a consultation on draft regulations that would introduce fundamental standards that all providers of health and social care will have to meet if they are to be registered with the Care Quality Commission.

The fundamental standards will be legal requirements and “will make it clear that there are some standards of safety and quality that should always be met”, the Department of Health said.

The CQC will be able to hold providers to account if they are not being met, “including through the courts where appropriate”.

The fundamental standards, which were called for in the Francis Inquiry report, are:

  • “care and treatment must reflect service users’ needs and preferences;
  • service users must be treated with dignity and respect;
  • care and treatment must only be provided with consent;
  • all care and treatment provided must be appropriate and safe;
  • service users must not be subject to abuse;
  • service users’ nutritional needs must be met;
  • all premises and equipment used must be safe, clean, secure, suitable for the purpose for which they are being used, and properly used and maintained;
  • complaints must be appropriately investigated and appropriate action taken in response;
  • systems and processes must be established to ensure compliance with the fundamental standards;
  • sufficient numbers of suitably qualified, skilled and experienced staff must be deployed;
  • persons employed must be of good character, have the necessary qualifications, skills and experience, and be capable of performing the work for which they are employed.”

The standards will apply to the likes of NHS hospitals, foundation trusts, mental health services, independent hospitals, care homes, nursing homes, GP practices, dentists, ambulances, and community services.

More information can be viewed here.

The consultation does not cover the proposed new Duty of Candour or the Fit and Proper Persons requirement for directors of providers registered with the CQC.

The Department of Health said it would consult separately on each of these proposals. However, the intention is to introduce them alongside the fundamental standards as part of the same set of regulations.