Legal Responsibility – Registered Manager
Question:
I am a practice manager and My principal has telephoned CQC’s helpline and has been assured that the legal responsibility has now been removed from the Registered Manager’s role, but there doesn’t appear to be a written updated version of the roles and responsibilities of the RM. Please can you confirm this is correct.
Answer:
Thank you for your recent email. The guidance states: A registered person must, in so far as they are applicable, comply with the requirements specified in regulations 9 to 24 in relation to any regulated activity in respect of which they are registered (see PART 4 QUALITY AND SAFETY OF SERVICE PROVISION IN RELATION TO REGULATED ACTIVITY page 236). Please also read the Essential Standards of Quality and Safety particularly on pages 184 – 187. This would therefore make them liable for enforcement action if the above regulations they were registered for were not complied with or contravened.
Kris Kristiansen
Shared Services Administrator
Customer Services – Correspondence
Care Quality Commission
Question:
At the meeting in Manchester presented by Code and Fiona Stuart Wilson where Amelia Bray was one of the speakers, we were advised to think carefully before taking on the role of Registered Manager in part due to the legal responsibility that the role carried.
My principal has telephoned CQC’s helpline and has been assured that the legal responsibility has now been removed from the Registered Manager’s role, but there doesn’t appear to be a written updated version of the roles and responsibilities of the RM.
Can you shed any light on this?
Answer:
In response to your query, it is the legal entity (the provider, partnership or organisation) that is liable for any fines that may be endorsed on the practice and not the registered manager.
I hope this provides you with clarification.
Kind regards
Nazia Hayat
Shared Services Officer
Customer Services – Correspondence Team
Care Quality Commission
Tel: 03000 61 61 61
Email: enquiries@cqc.org.uk 07/12/2010
Question:
I have a query about CQC and the legal ramifications and responsibilities connected with it. I am the Practice Manager of a surgery which is run as a limited company. The actual owner is a GP who is the widow of the Principle Dentist who sadly passed away almost three years ago. She is a Director with two other Dentists both of which do not work at the practice. We have 3 Associate Dentists who work at the surgery all of which have no part in the ownership of the practice.
In terms of CQC, there are certain roles in which you have to name people and I an very uncertain about this. Of course I over see the running of the Practice day to day but I have no part in the ownership. The owner is not here day to day. I have been given various advice from colleagues and other Practice Managers about whether or not I should put my name down as the ''registered manager'' or ''nominated individual''. I have spoken to the BDA and they say I should not do this but I am feeling under pressure that I must by the owner.
Please could you advise me on what I should do??
Answer:
In response to your query, a provider should register as an organisation if they are, for example, a registered company or charity, a limited liability partnership or other corporate body.
You will need to provide details for a main point of contact (a ‘nominated individual’) at your business for each regulated activity. They must be someone responsible for supervising the management of the activity and should therefore be a director, manager or secretary of the business.
There is no reason why you should not have the same person as your nominated individual for all your activities, so long as they are responsible for supervising the management of them.
Where the provider is an organisation or a partnership,the person responsible for the day-to-day running of the service must also register with us as a ‘registered manager’.
It is possible for the nominated individual to be the registered manager also.
I hope this information is of help.
Kind regards
Nazia Hayat
Shared Services Officer
Customer Services – Correspondence Team
Care Quality Commission
Tel: 03000 61 61 61
Email: enquiries@cqc.org.uk 22/11/10
