AC-2024-LON-001142 - [2025] EWHC 2015 (Admin)

Regulation 21 of the 2014 Regulations states that for the purposes of compliance with the 2014 Regulations, the registered person must have regard to guidance issued by the CQC under section 23 of HSCA. The CQC has issued such guidance entitled “Guidance for providers on meeting the regulations.” (“the Guidance”).

The Guidance states in relation to regulation 12(1):

“The intention of this regulation is to prevent people from receiving unsafe care and treatment and prevent avoidable harm or risk of harm. Providers must assess the risks to people’s health and safety during any care or treatment and make sure that staff have the qualifications, competence, skills and experience to keep people safe…... CQC understands that there may be inherent risks in carrying out care and treatment, and we will not consider it to be unsafe if providers can demonstrate that they have taken all reasonable steps to ensure the health and safety of people using their services and to manage risks that may arise during care and treatment.

Providers should consult nationally recognised guidance about delivering safe care and treatment and implement this as appropriate.”