Registered Manager Regulations and Legal Implications (Nov 2015)

Q. I’ve been asked my Principals to become our CQC Registered Manager (currently my boss holds this title!).

Are you able to give me a few pointers as to what the legal implications of this could be for me & any advice you may have as to whether I should accept/decline this role?

A.With regards to the legal implications of becoming a registered manager, please see our advice in this regard.

Registered Manager Regulations and legal implications

As a registered manager there is a particular regulation that you will need to abide by to satisfy your role. The specific regulation in relation to a registered manager is the Health and Social Care Act 2008 (Regulated Activities) Regulations 2014: Regulation 7

The intention of this regulation is to ensure that people who use services have their needs met because the regulated activity is managed by an appropriate person.

Under Regulation 7 the registered manager must show that she:

·      Is of good character. This would mean demonstrating character traits such as honesty, trustworthiness, reliability and respectfulness.

·      Is able to properly perform tasks that are intrinsic to their role.

·      Has the necessary qualifications, competence, skills and experience to manage the regulated activity.

·      Has supplied them with documents that confirm their suitability.

It is important to note that the CQC cannot prosecute for a breach of this regulation. In place of this the CQC can take regulatory action. Regulatory action is action taken by the regulator of health and social care services in England to address a registered person’s breach of a regulation.

The CQC has an enforcement policy and can use various civil enforcement powers to improve care standards. These powers stretch to suspending the registration of a registered manager for a specified period. This is a rarely used power.

Another power is to cancel registration altogether which is one of the most powerful sanctions that the CQC have.

These powers will only be used where the CQC believe that the people receiving the regulated dental services have suffered harm because a regulated person is failing to comply with legal requirements.

Therefore to summarise, the CQC cannot prosecute for a breach of this regulation but there are regulatory measures that can be taken such as suspension and cancellation.

Kind regards

William Reynolds
Legal Assistant
LCF Law

November 2015