Government Consultation on 2014 Health and Social Care Regulations Opens

On 26 April 2024, the Government opened their consultation (the Consultation) on whether to remove the expiry date of the Health and Social Care Act 2008 (Regulated Activities) Regulations 2014 (the Regulations) and replace it with a 5-yearly review. 

The Regulations were extended until after 31 March 2025 in March 2022 following a public consultation in July 2021 and Parliamentary debate in both the House of Commons and the House of Lords. 

The current consultation will run until 21 June 2024 and it is seeking views on whether it is appropriate to remove the expiry date of the Regulations and replace this with a 5-yearly review. The rationale behind this is so that the Care Quality Commission (CQC) will continue to have regulatory oversight of the health and care sector as well as to maintain the requirements for those providers regulated by the CQC to meet the fundamental standards. The proposed introduction of a 5-yearly review would allow regular reviews of the Regulations and ensure their adequacy. 

The Consultation will also consider:

• Exceptions under the Regulations during temporary cultural and sporting events and sporting activities; and
• The proposed requirement for compulsory notification to the CQC where restraints have been used for all individuals being treated for a mental disorder in a mental health unit and not just for individuals with a learning disability or autism.

The Department of Health and Social Care (DHSC) have have asked the following questions:

1. Do you agree or disagree that DHSC proceed with its proposal to remove the expiry date and replace it with a 5-yearly review provision?
2. What alternatives, if any, should DHSC consider?
3. If you have additional information in relation to the proposal to remove the expiry date, please provide a response. 

You can submit your responses by completing the online survey.