Regulations

In buying an existing business and having a business transfer the Care Quality Commission (CQC) registration for the business will be able to transfer across under a share sale.

However, the initial 3 months training will be done in advance of the transfer so that you will fully understand your responsibilities.

Regulations

In buying an existing business and having a business transfer the Care Quality Commission (CQC) registration for the business will be able to transfer across under a share sale.

However, the initial 3 months training will be done in advance of the transfer so that you will fully understand your responsibilities.

As the care home owner, you will need to be deemed a “fit and proper person” by the Care Quality Commission (CQC), meaning your suitability will be assessed on whether you meet the following criteria: capability, qualifications, financial standing, physical and mental health, any relevant prior convictions and financial stability.

The CQC was established in 2009 to regulate, inspect and ensure care in care homes, in people’s own homes, hospitals, dentists, and ambulances is safe and of a high quality.

These fundamental standards include:

Person-centred care – you must tailor your care to meet the needs of the individual

Dignity and respect – you must treat your resident with dignity and respect. This means privacy when needed or requested, equal treatment for all and support to help them remain independent and involved in community

Consent – the resident or anyone legally acting on their behalf must give consent before any treatment is given to them

Safety – you must assess the health and safety risks of your resident before giving any treatment and any staff giving treatment must have the necessary qualifications, skills and experience to keep them safe

Safeguarding from abuse – residents must not suffer any abuse or improper treatment including neglect, degrading treatment, unnecessary restraint, or inappropriate limits to freedom

Food and drink – residents must have enough to eat and drink to keep them in good health

Premises and equipment – equipment must be clean, suitable, maintained and secure

Complaints – there must be a system in place to allow your residents to complain. You must investigate any complaint and take action if necessary

Good governance – as care provider you are responsible for making sure these needs are met

Staffing – any staff must be competent and experienced and receive the support, training and supervision they need to do their job

Fit and proper staff – you must have strong recruitment procedures in place and carry out relevant checks such as criminal records and work history

Duty of candour – you must be open and transparent about the care you provide and explain, provide support and apologise if anything goes wrong

Display of ratings – you must display your CQC rating in a visible place, include the information on your website and make the organisations latest report on your service available

You can expect your care home to be regularly monitored and inspected by the CQC.

The score you receive from the organisation can have a significant impact so not only in buying into the business but also a focus is maintaining and bettering the CQC score.

This score helps to focus and maintain the occupancy levels as often private fee-paying residents may shop around for a suitable care home based on the scoring within the most recent inspection report – often preferring to go with a care home with a higher score.

If you fail to meet the set standards or commit serious breaches you’re likely to be met with requirement notices or warning notices form the CQC which you must comply with.

The CQC can also impose restrictions on your care home licence (for example reducing the number of residents you are allowed to take) or even put your care home in ‘special measures’ where the quality of care is more closely and intensively monitored.

For even more serious offences, you could be met with fines or prosecution action through the courts.

This is also where as a care home operator you have the support of the landlord/site founder who can provide care consultancy support to help with maintaining the CQC requirements and standards.