1.1 Explain the current legislation and statutory guidance that applies to all aspects of service provision
Unit 3 The Principles of Governance and Regulatory Processes for Adult Social Care
In this unit, you will develop knowledge of legislation and regulatory processes, as well as knowledge of internal governance within the care organisation. You will also have the opportunity to explore own role in leading preparation for the inspection process. As a manager in adult care, it is essential to understand the importance of the current legislation that informs policy development for the care organisation in which you work. You need to have a clear understanding of the purpose of regulatory guidance and standards of care. These serve as benchmarks against which the performance of the care setting is measured. You will be involved in supporting inspection procedures from the Care Quality Commission or any other regulatory body linked to your organisation. Within the governance framework, you will begin to understand the purpose of maintaining a continuous overview of organisation development in supporting current and innovative practices, with evidence-based approaches.
All aspects:
Relating to all aspects of responsibilities held within own organisation. If the learner is not currently providing regulated activity, then they should explore the formal role of a registered manager.
Legislation and statutory frameworks in adult care
- Care Standards Act 2000
- Human Rights Act 1998
- Equality Act 2010
- Health and Social Care Act 2008, including all amendments
- Care Act 2014
- Quality standards for health and social care
- Safeguarding Vulnerable Groups Act 2006
- Mental Capacity (Amendment) Act 2019
- Care Quality Commission.
Key roles, remits and responsibilities
- Registered manager: appointed by the provider to manage the regulated activity on their behalf
- Nominated individual: should be a senior person with authority to speak on behalf of the organisation; must also be in a position with responsibility for supervising the management of the carrying out of the regulated activity
- ‘Fit and proper person’: director roles but suitable for position; all registered managers of regulated activities are already subject to a fitness test, carried out and regulated by CQC. The provider is also expected to have carried out checks, as part of CQC registration requirements, to ensure that staff (including senior managers delivering the regulated activities) are fit and proper persons.
The inspection system Care Quality Commission – registration of health and social care providers to ensure they are meeting essential common quality standards:
- monitoring and inspection of all health and adult social care
- use of enforcement powers if standards are not met
- improving health and social care services by undertaking regular reviews of how well those who arrange and provide services locally are performing
- undertaking special reviews on particular care services, pathways of care or themes where there are particular concerns about quality
- reporting outcomes of CQC activity to provide users of services with information about the quality of local health and adult social care services
- service providers are informed of where improvements are needed and can learn from each other about the best ways to deliver care.
Key drivers
- Effectiveness
- Safety
- User of services’ experience
- Evidence-based practice
- Performance
- Customer satisfaction
- Staff development
- Organisational development.
Key areas of enquiry
- Safe
- Effective
- Caring
- Responsive leadership.
The grading system: outstanding, good, requires improvement, inadequate
Unit 3 The Principles of Governance and Regulatory Processes for Adult Social Care
This unit will develop your knowledge of governance and regulatory processes in adult social care. You will explore the legislation and statutory guidance that underpins provision and the internal governance arrangements in your organisation. You will look at the requirements of inspections and regulation and who needs to be involved. You will also show your understanding of inspection and regulation processes in your own service.
ANALYSE - to study or examine something in detail (looking at all the component parts of the whole) to discover more about it, i.e., what works well, what does not, how is it beneficial.
A conclusion could follow - what possible changes can be made as an improvement.
EVALUATE - to judge or calculate the quality, importance, or value of something: i.e., why this is used, what purpose or value does it have, does it fulfil its purpose.
A conclusion could follow – to continue with the item, discontinue it, or suggest possible changes
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KNOWLEDGE QUESTIONS |
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1.1 |
Explain the current legislation and statutory guidance that applies to all aspects of service provision (see below guidance) |
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1.2 |
Explain your role, accountability, and responsibility in applying legislation and statutory guidance within service provision |
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1.3 |
Analyse the key roles, remits, and responsibilities in registered services, of the following a) Registered Manager b) Nominated individual c) Fit and proper person |
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2.1 2.2 |
Describe the internal governance procedures used within your organisation and explain your role in applying, leading, and evaluating these |
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3.1 |
Outline legislation and regulations underpinning the inspection system in England |
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3.2 |
Explain the range of legislation and statutory guidance that support and relate to the inspection process in England |
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3.3 |
Identify the types of service provision that are subject to registration and inspection |
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4.1 |
Describe the role of the adult social care regulator in England |
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4.2 |
Explain the purpose of the inspection and regulation system in England |
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4.3 |
Explain how services are monitored, inspected, and regulated in adult social care in England |
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4.4 |
Compare the different types of inspection and key themes of the inspection process in adult social care in England (see below guidance) |
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4.5 |
Explain how the ratings system is used in adult social care in England |
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4.6 4.7 |
Outline what is meant by enforcement action and explain when and how enforcement action is used in adult social care in England |
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4.8 |
Analyse ways in which information is collected about the service and used to inform inspection activities |
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5.1 |
Explain how the requirements of the regulations are met within your service |
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5.2 |
Identify who needs to be aware of, and involved in, the inspection process |
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5.3 |
Describe the range and types of evidence which can be used to demonstrate how the service is meeting requirements |
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5.4 |
Review ways to address the outcome and impact of an inspection in own service |
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5.5 |
Analyse how outcomes of inspection can be used to drive service improvements |
Guidance
All aspects relating to all aspects of responsibilities you hold within your organisation. If you are not currently providing regulated activity, you should explore the formal role of a registered manager.
Types of Inspection are the different inspections carried out by the regulator within Adult Social Care services
Key themes are the areas looked at during the inspection process
