Registration of domiciliary care and nursing agencies
The registration requirements differ depending on where you provide the service.
England
Changes to Care Quality Commission (CQC) registration:
Previously domiciliary care and nurses’ agencies were required to register with the Care Quality Commission (CQC). However the Health and Social Care Act 2008 and the Health and Social Care Act 2008 (Regulated Activities) Regulations 2010 removed this requirement except where the agency provides “regulated activity”. Regulated activity includes the provision of personal or nursing care. It does not include the provision of staff to providers who provide such care.
Domiciliary care: this involves the provision of personal care to people who are unable to provide it for themselves, because of old age, illness or disability, in the place where they are living. The CQC advises that:
“You should not register if you provide carers (in the role of an employment or introductory agency):
- To another organisation who will then be responsible for direct provision of the care, or
- To an individual who will then wholly take responsibility for the provision of their own care under a personal budget or private arrangement.”
(extract from page 17 of the “Registration under the Health and Social Care Act 2008: The scope of registration” published in July 2012 by the CQC).
Nurses' agencies that act as employment agencies supplying staff to organisations that carry on regulated activities, but do not provide any regulated activities themselves are not required to register with the CQC. The following text has been taken from the “Registration under the Health and Social Care Act 2008: The scope of registration” published in July 2012 by the CQC (page 55):
“Nursing care means any service provided by a nurse and involving:
a) The provision of care, or
b) The planning, supervision or delegation of the provision of care, other than any services which, by their nature and the circumstances in which they are provided, do not need to be provided by a nurse.
Exemptions
- The supply of nurses by an employment agency or employment business to another service provider is not a regulated activity. Nurses' agencies providing agency or locum nurses who were previously required to register under the Care Standards Act 2000 may no longer have to register because of this exemption. This exemption only applies where the agency is not responsible for directing or supervising the role of the nurse in any way.
- Introductory services, through which an individual is put in contact with nurses, from which the individual may select a nurse who he/she will then employ or use, are exempt. This might be, for example, where a nurse is introduced to someone who directs their own care through private funding or a personal budget arrangement. This exemption requires that the provider of the introductory service has no ongoing role in the direction or control of the service that is subsequently provided to the individual.
- Where a person makes a private arrangement and secures a nurse for his/her own care, under his/her direction, the service provided is exempt even if it did not involve an introductory agency or employment agency. This may include, for example, where an individual uses a personal budget or a self-pay arrangement.”
Please note: The REC cannot confirm whether any employment agency or employment business is required to register with the CQC. You must confirm whether you are required to register, or not, with the CQC – contact the National Customer Service Centre on 03000 616161 or email enquiries@cqc.org.uk.
The relevant legislation is:
- The Health and Social Care Act 2008
- The Health and Social Care Act 2008 (Regulated Activities) Regulations 2010;
- The Health and Social Care Act 2008 (Regulated Activities) (Amendment) Regulations 2012.
Wales
If you are supplying domiciliary care workers in Wales, your business is likely to need to register with the Care and Social Services Inspectorate Wales (CSSIW) under the Care Standards Act 2000. Domiciliary agencies will be required to comply with the Domiciliary Care Agencies (Wales) Regulations 2004 and the National Minimum Standards for Domiciliary Care Agencies. Nursing agencies will be required to comply with the Nursing Agencies (Wales) Regulations 2003 and the National Minimum Standards for Nursing Agencies.
Scotland
If you are supplying domiciliary care workers or nursing staff in Scotland, your business is likely to need to register with the Care Inspectorate (formerly the Social Care and Social Work Improvement Scotland) under the Public Services Reform (Scotland) Act 2010. If you do need to register, you will have to comply with the National Care Standards.
Northern Ireland
Health and Social Care in Northern Ireland are provided as an integrated service. There are a number of organisations who work together to plan, deliver and monitor Health and Social Care across Northern Ireland. The relevant legislation is the Health and Social Care (Reform) Act (NI) 2009
Department of Health - Northern Ireland
We recommend that you always seek guidance from the relevant authority and legal advice as to whether your business should register with that authority.
Disclaimer
This information is for guidance purposes only and should not be regarded as a substitute for taking legal advice. Please refer to the full terms and conditions on our website.